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Senator Posey moved the following amendment to amendment

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(074374):

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     Senate Amendment (with title amendment)

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     Between lines 77 and 78

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and insert:

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     Section 4.  Paragraph (d) of subsection (2) of section

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718.112, Florida Statutes, is amended to read:

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     718.112  Bylaws.--

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     (2)  REQUIRED PROVISIONS.--The bylaws shall provide for the

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following and, if they do not do so, shall be deemed to include

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the following:

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     (d)  Unit owner meetings.--

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     1. There shall be an annual meeting of the unit owners held

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at the location provided in the association bylaws and, if the

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bylaws are silent as to the location, the meeting shall be held

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within 45 miles of the condominium property. However, such

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distance requirement does not apply to an association governing a

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timeshare condominium. Unless the bylaws provide otherwise, a

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vacancy on the board caused by the expiration of a director's

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term shall be filled by electing a new board member, and the

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election shall be by secret ballot; however, if the number of

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vacancies equals or exceeds the number of candidates, no election

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is required. If there is no provision in the bylaws for terms of

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the members of the board, The terms of all members of the board

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shall expire upon the election of their successors at the annual

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meeting and such board members may stand for reelection unless

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otherwise permitted by the bylaws. In the event that the bylaws

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permit staggered terms of no more than 2 years and upon approval

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of a majority of the total voting interests, the association

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board members may serve 2-year staggered terms. If no person is

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interested in or demonstrates an intention to run for the

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position of a board member whose term has expired according to

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the provisions of this subparagraph, such board member whose term

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has expired shall be automatically reappointed to the board of

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administration and need not stand for reelection. In a

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condominium association of more than 10 units, coowners of a unit

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may not serve as members of the board of directors at the same

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time. Any unit owner desiring to be a candidate for board

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membership shall comply with subparagraph 3. A person who has

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been suspended or removed by the division under this chapter, or

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who is delinquent in the payment of any fee or assessment as

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provided in paragraph (n), is not eligible for board membership.

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A person who has been convicted of any felony in this state or by

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any court of record in a the United States District or

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Territorial Court, or who has been convicted of any offense in

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another jurisdiction that would be considered a felony if

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committed in this state, and who has not had his or her right to

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vote restored pursuant to law in the jurisdiction of his or her

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residence is not eligible for board membership unless such

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felon's civil rights have been restored for a period of no less

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than 5 years as of the date on which such person seeks election

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to the board. The validity of an action by the board is not

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affected if it is later determined that a member of the board is

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ineligible for board membership due to having been convicted of a

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felony.

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     2.  The bylaws shall provide the method of calling meetings

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of unit owners, including annual meetings. Written notice, which

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notice must include an agenda, shall be mailed, hand delivered,

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or electronically transmitted to each unit owner at least 14 days

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prior to the annual meeting and shall be posted in a conspicuous

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place on the condominium property at least 14 continuous days

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preceding the annual meeting. Upon notice to the unit owners, the

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board shall by duly adopted rule designate a specific location on

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the condominium property or association property upon which all

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notices of unit owner meetings shall be posted; however, if there

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is no condominium property or association property upon which

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notices can be posted, this requirement does not apply. In lieu

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of or in addition to the physical posting of notice of any

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meeting of the unit owners on the condominium property, the

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association may, by reasonable rule, adopt a procedure for

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conspicuously posting and repeatedly broadcasting the notice and

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the agenda on a closed-circuit cable television system serving

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the condominium association. However, if broadcast notice is used

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in lieu of a notice posted physically on the condominium

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property, the notice and agenda must be broadcast at least four

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times every broadcast hour of each day that a posted notice is

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otherwise required under this section. When broadcast notice is

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provided, the notice and agenda must be broadcast in a manner and

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for a sufficient continuous length of time so as to allow an

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average reader to observe the notice and read and comprehend the

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entire content of the notice and the agenda. Unless a unit owner

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waives in writing the right to receive notice of the annual

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meeting, such notice shall be hand delivered, mailed, or

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electronically transmitted to each unit owner. Notice for

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meetings and notice for all other purposes shall be mailed to

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each unit owner at the address last furnished to the association

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by the unit owner, or hand delivered to each unit owner. However,

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if a unit is owned by more than one person, the association shall

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provide notice, for meetings and all other purposes, to that one

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address which the developer initially identifies for that purpose

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and thereafter as one or more of the owners of the unit shall so

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advise the association in writing, or if no address is given or

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the owners of the unit do not agree, to the address provided on

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the deed of record. An officer of the association, or the manager

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or other person providing notice of the association meeting,

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shall provide an affidavit or United States Postal Service

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certificate of mailing, to be included in the official records of

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the association affirming that the notice was mailed or hand

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delivered, in accordance with this provision.

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     3.  The members of the board shall be elected by written

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ballot or voting machine. Proxies shall in no event be used in

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electing the board, either in general elections or elections to

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fill vacancies caused by recall, resignation, or otherwise,

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unless otherwise provided in this chapter. Not less than 60 days

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before a scheduled election, the association shall mail, deliver,

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or electronically transmit, whether by separate association

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mailing or included in another association mailing, delivery, or

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transmission, including regularly published newsletters, to each

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unit owner entitled to a vote, a first notice of the date of the

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election. Any unit owner or other eligible person desiring to be

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a candidate for the board must give written notice to the

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association not less than 40 days before a scheduled election.

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Together with the written notice and agenda as set forth in

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subparagraph 2., the association shall mail, deliver, or

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electronically transmit a second notice of the election to all

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unit owners entitled to vote therein, together with a ballot

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which shall list all candidates. Upon request of a candidate, the

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association shall include an information sheet, no larger than

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81/2 inches by 11 inches, which must be furnished by the

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candidate not less than 35 days before the election, to be

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included with the mailing, delivery, or transmission of the

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ballot, with the costs of mailing, delivery, or electronic

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transmission and copying to be borne by the association. The

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association is not liable for the contents of the information

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sheets prepared by the candidates. In order to reduce costs, the

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association may print or duplicate the information sheets on both

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sides of the paper. The division shall by rule establish voting

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procedures consistent with the provisions contained herein,

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including rules establishing procedures for giving notice by

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electronic transmission and rules providing for the secrecy of

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ballots. Elections shall be decided by a plurality of those

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ballots cast. There shall be no quorum requirement; however, at

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least 20 percent of the eligible voters must cast a ballot in

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order to have a valid election of members of the board. No unit

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owner shall permit any other person to vote his or her ballot,

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and any such ballots improperly cast shall be deemed invalid,

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provided any unit owner who violates this provision may be fined

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by the association in accordance with s. 718.303. A unit owner

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who needs assistance in casting the ballot for the reasons stated

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in s. 101.051 may obtain assistance in casting the ballot. The

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regular election shall occur on the date of the annual meeting.

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The provisions of this subparagraph shall not apply to timeshare

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condominium associations. Notwithstanding the provisions of this

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subparagraph, an election is not required unless more candidates

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file notices of intent to run or are nominated than board

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vacancies exist.

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     4.  Any approval by unit owners called for by this chapter

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or the applicable declaration or bylaws, including, but not

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limited to, the approval requirement in s. 718.111(8), shall be

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made at a duly noticed meeting of unit owners and shall be

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subject to all requirements of this chapter or the applicable

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condominium documents relating to unit owner decisionmaking,

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except that unit owners may take action by written agreement,

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without meetings, on matters for which action by written

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agreement without meetings is expressly allowed by the applicable

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bylaws or declaration or any statute that provides for such

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action.

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     5.  Unit owners may waive notice of specific meetings if

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allowed by the applicable bylaws or declaration or any statute.

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If authorized by the bylaws, notice of meetings of the board of

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administration, unit owner meetings, except unit owner meetings

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called to recall board members under paragraph (j), and committee

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meetings may be given by electronic transmission to unit owners

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who consent to receive notice by electronic transmission.

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     6.  Unit owners shall have the right to participate in

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meetings of unit owners with reference to all designated agenda

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items. However, the association may adopt reasonable rules

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governing the frequency, duration, and manner of unit owner

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participation.

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     7.  Any unit owner may tape record or videotape a meeting of

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the unit owners subject to reasonable rules adopted by the

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division.

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     8.  Unless otherwise provided in the bylaws, any vacancy

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occurring on the board before the expiration of a term may be

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filled by the affirmative vote of the majority of the remaining

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directors, even if the remaining directors constitute less than a

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quorum, or by the sole remaining director. In the alternative, a

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board may hold an election to fill the vacancy, in which case the

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election procedures must conform to the requirements of

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subparagraph 3. unless the association governs 10 units or less

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and has opted out of the statutory election process, in which

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case the bylaws of the association control. Unless otherwise

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provided in the bylaws, a board member appointed or elected under

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this section shall fill the vacancy for the unexpired term of the

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seat being filled. Filling vacancies created by recall is

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governed by paragraph (j) and rules adopted by the division.

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     9. Within 30 days after being elected to the board of

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directors, a new director shall certify in writing to the

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secretary of the association that he or she has read the

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association's declarations of covenants and restrictions,

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articles of incorporation, bylaws, and current written policies,

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he or she will work to uphold such documents and policies to the

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best of his or her ability, and he or she will faithfully

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discharge his or her fiduciary responsibility to the

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association's members. Failure to timely file the statement

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automatically disqualifies the director from service on the

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association's board of directors. The secretary shall cause the

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association to retain a director's certification for inspection

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by the members for 5 years after a director's election. Failure

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to have such certification on file does not affect the validity

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of any appropriate action.

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Notwithstanding subparagraphs (b)2. and (d)3., an association of

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10 or fewer units may, by the affirmative vote of a majority of

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the total voting interests, provide for different voting and

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election procedures in its bylaws, which vote may be by a proxy

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specifically delineating the different voting and election

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procedures. The different voting and election procedures may

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provide for elections to be conducted by limited or general

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proxy.

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================ T I T L E  A M E N D M E N T ================

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And the title is amended as follows:

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     On line 1305, after the second semicolon,

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and insert:

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amending s. 718.112, F.S.; providing requirements for the

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location of annual unit owner meetings; revising terms of

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service for board members; prohibiting certain persons from

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serving on the board; requiring the association to provide a

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certification form to unit owners for specified purposes;

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authorizing an association consisting of a specified maximum

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number of units to provide for different voting and election

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procedures in its bylaws by affirmative vote of a majority

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of the association's voting interests; revising requirements

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related to the annual budget; requiring proxy questions

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relating to reserves to contain a specified statement;

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providing for the removal of board members under certain

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circumstances; requiring that directors who are delinquent

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in certain payments owed in excess of certain periods of

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time be suspended from office or deemed to have abandoned

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their offices; requiring that directors charged with certain

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offenses involving an association's funds or property be

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suspended from office pending resolution of the charge;

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providing for the reinstatement of such officers or

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directors under certain circumstances; requiring each newly

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elected director to certify to the secretary of the

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association that he or she has read the association's

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declarations of covenants and restrictions, articles of

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incorporation, bylaws, and current written policies and will

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work to uphold such documents and policies to the best of

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his or her ability; providing that a failure to timely file

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the statement automatically disqualifies the director from

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service on the association's board of directors; requiring

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the secretary of the association to retain a director's

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certification for inspection by the members for a specified

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period of years after a director's election;

5/1/2008  1:13:00 PM     24-09453-08