HB 1593

1	A bill to be entitled
2	An act relating to community associations; creating s.
3	718.1265, F.S.; authorizing a condominium association
4	board to exercise specified emergency powers during an
5	emergency created by a catastrophic event; providing a
6	definition; providing immunity for acts taken by a board
7	in good faith; amending s. 718.112, F.S.; extending a
8	period in which condominium common areas do not have to be
9	retrofitted with sprinkler systems; creating s. 712.11,
10	F.S.; providing for the revival of certain declarations
11	that have been extinguished; providing an effective date.
12
13	Be It Enacted by the Legislature of the State of Florida:
14
15	Section 1.  Section 718.1265, Florida Statutes, is created
16	to read:
17	718.1265  Association emergency powers in catastrophic
18	events.--
19	(1)  In addition to emergency powers granted to a board by
20	the declaration, articles, bylaws, or general law and,
21	notwithstanding any provisions to the contrary in such
22	documents, the board, during an emergency in connection with a
23	catastrophic event, may:
24	(a)  Declare any portion of the condominium property
25	unavailable for entry or occupancy by unit owners, family
26	members, tenants, guests, agents, or invitees in order to
27	protect the health, safety, or welfare of such persons;
28	(b)  Determine whether the condominium property can be
29	safely inhabited or occupied. However, such determination is not
30	conclusive as to any determination of habitability pursuant to
31	the declaration;
32	(c)  Mitigate further damage, including preventing or
33	eradicating fungus, mold, or mildew by removing wet drywall,
34	insulation, carpet, cabinetry, or other fixtures, even if the
35	unit owner is obligated by the declaration or law to insure or
36	replace such items, and removing personal property from a unit
37	and storing it on site or off site or disposing of it. Unit
38	owners are responsible for reimbursing the association for such
39	costs;
40	(d)  Contract, on behalf of unit owners or owners
41	responsible to reimburse the association, for services for which
42	the owners are otherwise responsible and which are necessary to
43	prevent further damage. Such services include the drying of
44	units, boarding of broken windows or doors, and replacement of
45	damaged air conditioners or air handlers to provide climate
46	control in the units or other portions of the property;
47	(e)  Implement a disaster plan prior to, during, or after a
48	catastrophic event, including shutting down elevators,
49	electricity, water, sewer, security systems, or air
50	conditioners;
51	(f)  Appoint persons who are not directors or officers to
52	act as agents for or assist any director or officer due to
53	incapacity or unavailability. Such agents have the same
54	authority during the emergency as the person to whom they are
55	appointed to act for or assist;
56	(g)  Relocate the principal office or designate alternative
57	principal offices;
58	(h)  Conduct board meetings with notice given only to
59	directors with whom it is practicable to communicate. Such
60	notice may be given in any practicable manner, including
61	publication or radio. The directors attending such meetings
62	constitute a quorum, regardless of any other quorum
63	requirements. Notice of board decisions may be communicated by
64	posted signs, mailed notice to members, Internet postings,
65	public service announcements, or any other means of
66	communication which the board deems reasonable under the
67	circumstances;
68	(i)  Cancel and reschedule any association meeting;
69	(j)  Suspend or modify notice requirements for board or
70	unit owner meetings;
71	(k)  Use reserve funds for nonscheduled purposes, including
72	pledging reserve funds as collateral for loans to meet
73	association needs;
74	(l)  Levy special assessments; or
75	(m)  Borrow money and pledge association assets as
76	collateral without unit owner approval. This paragraph does not
77	limit the general authority of the association to borrow money,
78	which may be exercised by the board pursuant to the declaration,
79	articles, or bylaws.
80	(2)  As used in this section, the term "catastrophic
81	emergency" means:
82	(a)  A state of emergency declared by civil or law
83	enforcement authorities is in effect for the area where the
84	condominium is located;
85	(b)  A hurricane watch or warning is in effect for the area
86	where the condominium is located;
87	(c)  A partial or complete evacuation order from civil or
88	law enforcement authorities is in effect for the area where the
89	condominium is located;
90	(d)  The area where the condominium is located is declared
91	a state or federal disaster area or is eligible for state or
92	federal economic relief because of a disaster; or
93	(e)  A disaster or other event, whether natural or manmade,
94	such as an earthquake, flood, tidal wave or surge, hurricane,
95	tornado, environmental contamination, fire, explosion, war,
96	civil unrest, or act of terrorism seriously damages, or
97	threatens to seriously damage, the condominium property.
98	(3)  Actions by the board taken in good faith during a
99	catastrophic emergency bind the association and create a
100	rebuttable presumption of being reasonable and necessary. Any
101	officer, director, agent, or employee of the association who
102	acts with a reasonable belief that such actions comply with this
103	section is immune from civil liability for such actions, except
104	in the case of willful misconduct.
105	Section 2.  Paragraph (l) of subsection (2) of section
106	718.112, Florida Statutes, is amended to read:
107	718.112  Bylaws.--
108	(2)  REQUIRED PROVISIONS.--The bylaws shall provide for the
109	following and, if they do not do so, shall be deemed to include
110	the following:
111	(l)  Certificate of compliance.--There shall be a provision
112	that a certificate of compliance from a licensed electrical
113	contractor or electrician may be accepted by the association's
114	board as evidence of compliance of the condominium units with
115	the applicable fire and life safety code. Notwithstanding the
116	provisions of chapter 633 or of any other code, statute,
117	ordinance, administrative rule, or regulation, or any
118	interpretation of the foregoing, an association, condominium, or
119	unit owner is not obligated to retrofit the common elements or
120	units of a residential condominium with a fire sprinkler system
121	or other engineered lifesafety system in a building that has
122	been certified for occupancy by the applicable governmental
123	entity, if the unit owners have voted to forego such
124	retrofitting and engineered lifesafety system by the affirmative
125	vote of two-thirds of all voting interests in the affected
126	condominium. However, a condominium association may not vote to
127	forego the retrofitting with a fire sprinkler system of common
128	areas in a high-rise building. For purposes of this subsection,
129	the term "high-rise building" means a building that is greater
130	than 75 feet in height where the building height is measured
131	from the lowest level of fire department access to the floor of
132	the highest occupiable story. For purposes of this subsection,
133	the term "common areas" means any enclosed hallway, corridor,
134	lobby, stairwell, or entryway. In no event shall the local
135	authority having jurisdiction require completion of retrofitting
136	of common areas with a sprinkler system before the end of 2020
137	2014.
138	1.  A vote to forego retrofitting may be obtained by
139	limited proxy or by a ballot personally cast at a duly called
140	membership meeting, or by execution of a written consent by the
141	member, and shall be effective upon the recording of a
142	certificate attesting to such vote in the public records of the
143	county where the condominium is located. The association shall
144	mail, hand deliver, or electronically transmit to each unit
145	owner written notice at least 14 days prior to such membership
146	meeting in which the vote to forego retrofitting of the required
147	fire sprinkler system is to take place. Within 30 days after the
148	association's opt-out vote, notice of the results of the opt-out
149	vote shall be mailed, hand delivered, or electronically
150	transmitted to all unit owners. Evidence of compliance with this
151	30-day notice shall be made by an affidavit executed by the
152	person providing the notice and filed among the official records
153	of the association. After such notice is provided to each owner,
154	a copy of such notice shall be provided by the current owner to
155	a new owner prior to closing and shall be provided by a unit
156	owner to a renter prior to signing a lease.
157	2.  As part of the information collected annually from
158	condominiums, the division shall require condominium
159	associations to report the membership vote and recording of a
160	certificate under this subsection and, if retrofitting has been
161	undertaken, the per-unit cost of such work. The division shall
162	annually report to the Division of State Fire Marshal of the
163	Department of Financial Services the number of condominiums that
164	have elected to forego retrofitting.
165	Section 3.  Section 712.11, Florida Statutes, is created to
166	read:
167	712.11  Covenants and restrictions.--A homeowners'
168	association that is not otherwise subject to chapter 720 may use
169	the procedures provided in ss. 720.403-720.407 to revive a
170	declaration of covenants and restrictions that has been
171	extinguished by this chapter entitled Marketable Record Titles
172	to Real Property.
173	Section 4.  This act shall take effect upon becoming a law.

CODING: Words stricken are deletions; words underlined are additions.