Senate Bill sb2004e1
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    CS for SB 2004                           First Engrossed (ntc)
  1                      A bill to be entitled
  2         An act relating to condominiums; creating s.
  3         718.701, F.S.; providing definitions; creating
  4         s. 718.702, F.S.; providing for master
  5         association meetings; requiring certain
  6         notices; establishing meeting rules; creating
  7         s. 718.703, F.S.; providing powers of the
  8         Division of Florida Land Sales, Condominiums,
  9         and Mobile Homes over master associations;
10         creating s. 718.704, F.S.; requiring master
11         associations to provide certain financial
12         records or statements; providing an effective
13         date.
14
15  Be It Enacted by the Legislature of the State of Florida:
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17         Section 1.  Section 718.701, Florida Statutes, is
18  created to read:
19         718.701  Definitions.--As used in ss. 718.701-718.704,
20  the term:
21         (1)  "Affected owner" means a condominium unit owner or
22  homeowner that has use rights in the common property or
23  facilities administered by the master association.
24         (2)  "Master association" means any entity not covered
25  under the definition of "association" in s. 718.103(2) which
26  has been given control or decision-making authority over real
27  property or facilities serving one or more condominiums under
28  its governing documents, and which receives moneys funded by
29  mandatory dues or assessments paid by affected owners, whether
30  or not the master association has a governing body that
31  includes representatives of the condominium association. The
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    CS for SB 2004                           First Engrossed (ntc)
  1  term does not include an entity that is granted management or
  2  maintenance responsibility under a service contract with a
  3  single association. The term also does not include any entity
  4  that has been granted or assigned decision-making authority
  5  over real property or facilities that include, in whole or in
  6  part, a timeshare plan as defined in s. 721.03.
  7         (3)  "Master association documents" means any
  8  declaration of covenants and restrictions or other
  9  organizational document that governs the property administered
10  by the master association and includes the bylaws and the
11  articles of incorporation of the master association.
12         (4)  "Member" means a member of the master association
13  as designated by the master association documents.
14         (5)  "Revenues" means all regular or special
15  assessments for reserves, operating or other expenses, and all
16  other sources of revenue, including interest, user fees,
17  developer subsidies, litigation proceeds, and insurance
18  proceeds.
19         Section 2.  Section 718.702, Florida Statutes, is
20  created to read:
21         718.702  Master association meetings; records.--
22         (1)  Meetings of a master association board at which a
23  quorum of board members are present are open to the members of
24  the master association and affected owners. Meetings between
25  the board or a committee and the master association attorney
26  with respect to proposed or pending litigation, or board or
27  committee meetings pertaining to legal advice, are not open to
28  the membership of the master association, and notice to the
29  membership is not required.
30         (a)  Adequate meeting notice in the manner provided in
31  s. 718.112(2)(c) shall be given to affected owners, and the
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    CS for SB 2004                           First Engrossed (ntc)
  1  affected owners are entitled to the rights provided in s.
  2  718.112(2)(c).
  3         (b)  The right to attend such meetings includes the
  4  right to speak with reference to all designated agenda items.
  5  The master association may adopt written reasonable rules
  6  governing the frequency, duration, and manner of unit owner
  7  statements.
  8         (2)  Subsection 718.111(12) applies to master
  9  associations, except that references to unit owners contained
10  in that subsection apply to members and affected owners, and
11  references to condominium documents therein refer to the
12  master association documents.
13         Section 3.  Section 718.703, Florida Statutes, is
14  created to read:
15         718.703  Powers of Division of Florida Land Sales,
16  Condominiums, and Mobile Homes over master associations.--On
17  demand by the division, any condominium association must
18  notify the division of any master association with which it is
19  associated which is pertinent to any inquiry or investigation
20  regarding the rights of individual unit owners, and must
21  provide copies of documents that establish and govern the
22  relationship between the association and the master
23  association.
24         Section 4.  Section 718.704, Florida Statutes, is
25  created to read:
26         718.704  Financial reporting.--
27         (1)  If total annual revenue of a master association is
28  $100,000 or less, the association shall obtain from the master
29  association for inclusion in the association's records a
30  complete cash basis financial report of actual receipts and
31  expenditures for the prior fiscal year.
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    CS for SB 2004                           First Engrossed (ntc)
  1         (2)  If total annual revenue of a master association
  2  exceeds $100,000, the association shall prepare a complete set
  3  of financial statements in accordance with generally accepted
  4  accounting principles as follows:
  5         (a)  If total annual revenue of the master association
  6  exceeds $100,000 but is less than $200,000, the association
  7  shall obtain from the master association for inclusion in the
  8  association's records compiled financial statements.
  9         (b)  If total annual revenue of the master association
10  exceeds $200,000 but is less than $400,000, the association
11  shall obtain from the master association for inclusion in the
12  association's records reviewed financial statements.
13         (c)  If total annual revenue of the master association
14  exceeds $400,000, the association shall obtain from the master
15  association for inclusion in the association's records audited
16  financial statements.
17         (3)  Master associations may exceed these reporting
18  requirements.
19         (4)  The association shall obtain the financial reports
20  or statements within 90 days following the end of the fiscal
21  year to which the reports or statements relate. The
22  condominium association shall make the reports or statements
23  available to condominium unit owners in the manner and form
24  required under its governing documents, but no later than 14
25  days after receipt.
26         (5)  This section does not limit public records or
27  disclosure requirements that are required of a master
28  association or association under their governing documents or
29  under any other provision of law; however, the financial
30  reporting requirements of this section satisfy the financial
31  reporting requirements of s. 720.303(7).
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    CS for SB 2004                           First Engrossed (ntc)
  1         Section 5.  This act shall take effect July 1, 2002.
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