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.

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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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