HB 679

1	A bill to be entitled
2	An act relating to community associations; amending s.
3	514.011, F.S.; providing a definition; amending s.
4	514.0115, F.S.; providing specified supervision and
5	regulation exemptions for homeowners' association swimming
6	pools; amending s. 515.25, F.S.; conforming a cross-
7	reference; amending s. 718.111, F.S.; specifying that
8	requirements relating to acquisition and maintenance of
9	adequate insurance apply to all residential condominiums;
10	revising and providing provisions relating to condominium
11	and condominium owner insurance coverage; authorizing an
12	association or group of associations to provide adequate
13	hazard insurance through a self-insurance fund; requiring
14	associations to exercise best efforts to obtain and
15	maintain certain kinds of insurance; providing coverage
16	requirements for policies entered into after a specified
17	date; requiring owners to provide evidence of a currently
18	effective policy of hazard and liability insurance upon
19	request by the association; specifying responsibility for
20	reconstruction work under specified circumstances;
21	specifying common expense responsibilities of the
22	association and owners; providing for unit owner access to
23	association records; prohibiting unit owners from
24	accessing certain personal identifying information of
25	other unit owners and persons residing in units; amending
26	s. 718.112, F.S.; requiring meetings of the board of
27	administration to be conducted using generally accepted
28	parliamentary procedures; requiring the board to hold
29	special meetings upon a petition of a specified amount of
30	the total voting interests or to take up the petitioned
31	items at the next regular meeting; providing members with
32	the right to speak at such meetings under certain
33	circumstances; providing location requirements for all
34	unit owner meetings; revising budget requirements;
35	amending s. 718.115, F.S.; providing certain expenses to
36	be included as common expenses; amending s. 718.116, F.S.;
37	providing requirements for claims of lien filed on or
38	after a specified date; providing notice requirements;
39	requiring certain advance notice to pay estimated
40	nonemergency special assessments; creating s. 718.1265,
41	F.S.; authorizing a condominium association board to
42	exercise specified emergency powers when a state of
43	emergency is declared; providing limitations; amending s.
44	718.3025, F.S.; deleting a requirement specifying a
45	minimum number of personnel to be employed by a party
46	contracting to provide maintenance or management services;
47	providing requirements for certain contracts between a
48	party contracting to provide maintenance or management
49	services and an association; amending s. 718.3026, F.S.;
50	providing an expiration threshold for certain associations
51	opting out of requirements relating to contracts for
52	products and services following a vote by the unit owners;
53	amending s. 718.303, F.S.; requiring hearings to levy
54	fines to be held before a committee of unit owners who are
55	not members of the board or persons residing in a board
56	member's household; amending s. 718.5012, F.S.; removing a
57	requirement for the ombudsman to develop certain policies
58	and procedures; requiring direct assistance; amending s.
59	718.503, F.S.; providing that prospective purchasers are
60	entitled to a governance form provided by the seller and
61	prepared by the division; requiring the governance form to
62	include specified information; amending s. 720.303, F.S.;
63	revising provisions relating to homeowners' association
64	board meetings, inspection and copying of records, reserve
65	accounts of budgets, and financial reporting requirements;
66	prohibiting salary or compensation of certain association
67	personnel; providing exceptions; amending s. 720.305,
68	F.S.; providing for an association to recover certain
69	costs and expenses in certain actions; revising a lien
70	restriction; amending s. 720.306, F.S.; revising certain
71	meeting notice requirements; providing absentee ballot
72	voting requirements; requiring newly elected members of a
73	board of directors to make certain certifications in
74	writing to the association; providing for disqualification
75	for failure to make such certifications; requiring an
76	association to retain such certifications for a certain
77	time; specifying repercussions for certain unexcused
78	absences; amending s. 720.307, F.S.; authorizing the board
79	of directors of an association to levy assessments on
80	unimproved parcels under certain circumstances; amending
81	s. 720.3075, F.S.; specifying an additional prohibited
82	clause in association documents; amending s. 720.308,
83	F.S.; revising certain cash funding requirements; amending
84	s. 720.3085, F.S.; revising mailing requirements for a
85	written notice or demand for past due assessments;
86	providing requirements for certain foreclosure actions;
87	amending s. 720.401, F.S.; revising certain prospective
88	parcel owner disclosure summary requirements; providing an
89	effective date.
90
91	Be It Enacted by the Legislature of the State of Florida:
92
93	Section 1.  Section 514.011, Florida Statutes, is amended
94	to read:
95	514.011  Definitions.--As used in this chapter:
96	(1)  "Department" means the Department of Health.
97	(2)  "Homeowners' association" means a homeowners'
98	association as defined in s. 720.301.
99	(3)(5)  "Portable pool" means a pool or spa, and related
100	equipment systems of any kind, which is designed or intended to
101	be movable from location to location.
102	(4)(3)  "Private pool" means a facility used only by an
103	individual, family, or living unit members and their guests
104	which does not serve any type of cooperative housing or joint
105	tenancy of five or more living units.
106	(5)(4)  "Public bathing place" means a body of water,
107	natural or modified by humans, for swimming, diving, and
108	recreational bathing, together with adjacent shoreline or land
109	area, buildings, equipment, and appurtenances pertaining
110	thereto, used by consent of the owner or owners and held out to
111	the public by any person or public body, irrespective of whether
112	a fee is charged for the use thereof. The bathing water areas of
113	public bathing places include, but are not limited to, lakes,
114	ponds, rivers, streams, artificial impoundments, and waters
115	along the coastal and intracoastal beaches and shores of the
116	state.
117	(6)(2)  "Public swimming pool" or "public pool" means a
118	watertight structure of concrete, masonry, or other approved
119	materials which is located either indoors or outdoors, used for
120	bathing or swimming by humans, and filled with a filtered and
121	disinfected water supply, together with buildings,
122	appurtenances, and equipment used in connection therewith. A
123	public swimming pool or public pool shall mean a conventional
124	pool, spa-type pool, wading pool, special purpose pool, or water
125	recreation attraction, to which admission may be gained with or
126	without payment of a fee and includes, but is not limited to,
127	pools operated by or serving camps, churches, cities, counties,
128	day care centers, group home facilities for eight or more
129	clients, health spas, institutions, parks, state agencies,
130	schools, subdivisions, or the cooperative living-type projects
131	of five or more living units, such as apartments,
132	boardinghouses, hotels, mobile home parks, motels, recreational
133	vehicle parks, and townhouses.
134	Section 2.  Subsection (2) of section 514.0115, Florida
135	Statutes, is amended to read:
136	514.0115  Exemptions from supervision or regulation;
137	variances.--
138	(2)(a)  Pools serving no more than 32 homeowners'
139	association, condominium, or cooperative units which are not
140	operated as a public lodging establishment shall be exempt from
141	supervision under this chapter, except for water quality.
142	(b)  Pools serving homeowners', condominium, or cooperative
143	associations of more than 32 units and whose recorded documents
144	prohibit the rental or sublease of the units for periods of less
145	than 60 days are exempt from supervision under this chapter,
146	except that the homeowners' association or condominium or
147	cooperative owner or association must file applications with the
148	department and obtain construction plans approval and receive an
149	initial operating permit. The department shall inspect the
150	swimming pools at such places annually, at the fee set forth in
151	s. 514.033(3), or upon request by a unit owner, to determine
152	compliance with department rules relating to water quality and
153	lifesaving equipment. The department may not require compliance
154	with rules relating to swimming pool lifeguard standards.
155	Section 3.  Subsection (9) of section 515.25, Florida
156	Statutes, is amended to read:
157	515.25  Definitions.--As used in this chapter, the term:
158	(9)  "Public swimming pool" means a swimming pool, as
159	defined in s. 514.011(6)(2), which is operated, with or without
160	charge, for the use of the general public; however, the term
161	does not include a swimming pool located on the grounds of a
162	private residence.
163	Section 4.  Subsection (11), paragraphs (b) and (c) of
164	subsection (12), and subsection (13) of section 718.111, Florida
165	Statutes, are amended to read:
166	718.111  The association.--
167	(11)  INSURANCE.--In order to protect the safety, health,
168	and welfare of the people of the State of Florida and to ensure
169	consistency in the provision of insurance coverage to
170	condominiums and their unit owners, this subsection shall be
171	paragraphs (a), (b), and (c) are deemed to apply to every
172	residential condominium in the state, regardless of the date of
173	its declaration of condominium. It is the intent of the
174	Legislature to encourage lower or stable insurance premiums for
175	associations described in this section.
176	(a)  Adequate hazard insurance, regardless of any
177	requirement in the declaration of condominium for coverage by
178	the association for "full insurable value," "replacement cost,"
179	or the like, shall be based upon the replacement cost of the
180	property to be insured as determined by an independent insurance
181	appraisal or update of a prior appraisal. The full insurable
182	value shall be determined not less frequently than every 36
183	months.
184	1.  An association or group of associations may provide
185	adequate hazard insurance through a self-insurance fund that
186	complies with the requirements of ss. 624.460-624.488.
187	2.  The association may also provide adequate hazard
188	insurance coverage, individually, or for a group of no fewer
189	than three communities created and operating under this chapter,
190	chapter 719, chapter 720, or chapter 721, by obtaining and
191	maintaining for the communities insurance coverage sufficient to
192	cover an amount equal to the probable maximum loss for the
193	communities for a 250-year windstorm event provided that such
194	probable maximum loss must be determined through the use of a
195	competent model that has been accepted by the Florida Commission
196	on Hurricane Loss Projection Methodology.
197	3.  In determining the adequate hazard insurance coverage,
198	the association may consider deductibles as determined by this
199	subsection.
200	(b)  If the association is developer controlled, the
201	association shall exercise best efforts to obtain and maintain
202	such insurance. Failure to obtain and maintain adequate hazard
203	insurance during any period of developer control shall
204	constitute a breach of fiduciary responsibility by the
205	developer-appointed members of the board of directors of the
206	association, unless such members can show that despite such
207	failure, they have made their best efforts.
208	(c)  Policies may include deductibles as determined by the
209	board.
210	1.  The deductibles shall be consistent with industry
211	standards and prevailing practices for communities of like size
212	and age, having similar construction and facilities in the
213	locale where the condominium property is situated.
214	2.  The deductibles may be based upon available funds,
215	including reserve accounts or predetermined assessment authority
216	at the time that the insurance is obtained.
217	3.  The board shall establish the level of deductibles
218	based upon the level of available funds and predetermined
219	assessment authority at a meeting of the board which shall be
220	open to all unit owners in the manner set forth in s.
221	718.112(2)(e). The notice of such meeting shall state the
222	proposed deductible and the available funds and the assessment
223	authority relied upon by the board and shall estimate any
224	potential assessment amount against each unit, if any. The
225	meeting described in this subparagraph may be held in
226	conjunction with a meeting to consider the proposed budget or an
227	amendment thereto.
228	(d)  A unit-owner-controlled association operating a
229	residential condominium shall use its best efforts to obtain and
230	maintain adequate insurance to protect the association, the
231	association property, the common elements, and the condominium
232	property required to be insured by the association pursuant to
233	this subsection.
234	(e)  The declaration of condominium as originally recorded,
235	or amended pursuant to procedures provided therein, may require
236	that condominium property consisting of freestanding buildings
237	where there is no more than one building in or on such unit need
238	not be insured by the association if the declaration requires
239	the unit owner to obtain adequate insurance for the condominium
240	property. An association may also obtain and maintain liability
241	insurance for directors and officers, insurance for the benefit
242	of association employees, and flood insurance for common
243	elements, association property, and units.
244	(f)  Every hazard insurance policy issued or renewed on or
245	after January 1, 2009, to protect the condominium shall provide
246	primary coverage for:
247	1.  All portions of the condominium property as originally
248	installed or replacement of like kind and quality, in accordance
249	with the original plans and specifications.
250	2.  All alterations or additions made to the condominium
251	property or association property pursuant to s. 718.113(2).
252	3.  The coverage shall exclude all personal property within
253	the unit or limited common elements, floor, wall, and ceiling
254	coverings, electrical fixtures, appliances, water heaters, water
255	filters, built-in cabinets and countertops, and window
256	treatments, including curtains, drapes, blinds, hardware, and
257	similar window treatment components or replacements of any of
258	the foregoing.
259
260	This paragraph is intended to establish the property or casualty
261	insuring responsibilities of the association and those of the
262	individual unit owner and do not serve to broaden or extend the
263	perils of coverage afforded by any insurance contract provided
264	to the individual unit owner.
265	(g)  Every hazard insurance policy issued or renewed on or
266	after January 1, 2009, to an individual unit owner shall provide
267	that the coverage afforded by such policy is excess over the
268	amount recoverable under any other policy covering the same
269	property and shall include special assessment coverage of not
270	less than $2,000 per occurrence. Each insurance policy issued to
271	an individual unit owner providing such coverage shall be
272	without rights of subrogation against the condominium
273	association that operates the condominium in which such unit
274	owner's unit is located.
275	1.  All improvements or additions to the condominium
276	property that benefit less than all unit owners shall be insured
277	by the unit owner or owners having the use thereof, or may be
278	insured by the association at the cost and expense of the unit
279	owners having the use thereof.
280	2.  The association shall require each owner to provide
281	evidence of a currently effective policy of hazard and liability
282	insurance upon request, but not more frequently than annually.
283	Upon the failure of an owner to provide a certificate of
284	insurance issued by an insurer approved to write such insurance
285	in the state within 30 days of a written request, the
286	association shall be entitled but shall not be obligated to
287	purchase a policy of insurance on behalf of an owner, and the
288	cost thereof, together with reconstruction costs undertaken by
289	the association, which are the responsibility of the unit owner
290	may be collected in the manner provided for collection of
291	assessments in s. 718.116.
292	3.  All reconstruction work after a casualty loss shall be
293	undertaken by the association except as otherwise permitted
294	herein. A unit owner may undertake reconstruction work on
295	portions of the unit with the prior written consent of the board
296	of administration, which may be conditioned upon the approval of
297	the repair methods, the qualifications of the proposed
298	contractor, and the contract that is used for that purpose. A
299	unit owner shall obtain all required governmental permits and
300	approvals prior to commencing reconstruction.
301	4.  Unit owners shall be responsible for the cost of
302	reconstruction of any portions of the condominium property for
303	which the unit owner is required to carry casualty insurance,
304	and any such reconstruction work undertaken by the association
305	shall be chargeable to the unit and enforceable as an assessment
306	pursuant to s. 718.116. The association is hereby designated as
307	an additional named insured and loss payee on all casualty
308	insurance policies issued to unit owners in the condominium
309	operated by the association.
310	5.  A multicondominium association may elect, by a majority
311	vote of the collective members of the condominiums operated by
312	the association, to operate such condominiums as a single
313	condominium for purposes of insurance matters, including, but
314	not limited to, the purchase of the hazard insurance required by
315	this section and the apportionment of deductibles and damages in
316	excess of coverage. The election to aggregate the treatment of
317	insurance premiums, deductibles, and excess damages shall be
318	treated as an amendment to the declaration of all condominiums
319	operated by the association, and the costs of insurance shall be
320	stated in the association budget. The amendments shall be
321	recorded as required by s. 718.110.
322	(h)  The association shall obtain and maintain adequate
323	insurance or fidelity bonding of all persons who control or
324	disburse funds of the association. The insurance policy or
325	fidelity bond must cover the maximum funds that will be in the
326	custody of the association or its management agent at any one
327	time. As used in this paragraph, the term "persons who control
328	or disburse funds of the association" includes, but is not
329	limited to, those individuals authorized to sign checks and the
330	president, secretary, and treasurer of the association. The
331	association shall bear the cost of bonding.
332	(i)  The association has the authority to amend the
333	declaration of condominium, without regard to any requirement
334	for mortgagee approval of amendments affecting insurance
335	requirements, to conform the declaration of condominium to the
336	coverage requirements of this subsection.
337	(j)  Any portion of the condominium property that the
338	association is required to insure against casualty loss pursuant
339	to paragraph (f) that is damaged by casualty shall be
340	reconstructed, repaired, or replaced, as necessary, by the
341	association as a common expense. All hazard insurance
342	deductibles, uninsured losses, and other damages in excess of
343	hazard insurance coverage under the hazard insurance policies
344	maintained by the association shall be a common expense of the
345	condominium, however:
346	1.  A unit owner shall be responsible for the costs of
347	repair or replacement of any portion of the condominium property
348	not paid for by insurance proceeds, when such damage is caused
349	by intentional conduct, negligence, or failure to comply with
350	the terms of the declaration or the rules of the association by
351	a unit owner, the members of his or her family, unit occupants,
352	tenants, guests, or invitees, and without compromise of the
353	subrogation rights of any insurer as set forth in paragraph (g).
354	2.  The provisions of subparagraph 1. regarding the
355	financial responsibility of a unit owner for the costs of
356	repairing or replacing other portions of the condominium
357	property also applies to the costs of repair or replacement of
358	personal property of other unit owners or the association, as
359	well as other property, whether real or personal, that the unit
360	owners are required to insure under paragraph (g).
361	3.  To the extent the cost of repair or reconstruction for
362	which the unit owner is responsible under this paragraph is
363	reimbursed to the association by insurance proceeds, and, to the
364	extent the association has collected the cost of such repair or
365	reconstruction from the unit owner, the association shall
366	reimburse the unit owner without the waiver of any rights of
367	subrogation.
368	4.  The association shall not be obligated to pay for
369	repair or reconstruction or repairs of casualty losses as a
370	common expense where the casualty losses were known or should
371	have been known to a unit owner and were not reported to the
372	association until after the insurance claim of the association
373	for that casualty has been settled and resolved with finality or
374	is considered untimely filed by the insurer and denied on that
375	basis.
376	(k)  An association may, upon the approval of a majority of
377	the total voting interests in the association, opt out of the
378	provisions in paragraph (j) for the allocation of repair or
379	reconstruction expenses and allocate repair or reconstruction
380	expenses in the manner provided in the declaration as originally
381	recorded or as amended. Such vote may be approved by the voting
382	interests of the association without regard to any mortgagee
383	consent requirements.
384	(l)  In a multicondominium association that has not
385	consolidated its financial operations under subsection (6), any
386	condominium operated by the association may opt out of the
387	provisions of paragraph (j) with the approval of a majority of
388	the total voting interests in that condominium. Such vote may be
389	approved by the voting interests without regard to any mortgagee
390	consent requirements.
391	(m)  Any association or condominium voting to opt out of
392	the guidelines for repair or reconstruction expenses in
393	paragraph (j) must record a notice setting forth the date of the
394	opt out vote and the official records book and page at which the
395	declaration is recorded. The opt out shall be effective upon the
396	date of recording of the notice in the public records by the
397	association. An association that has voted to opt out of
398	paragraph (j) may reverse that decision by the same vote
399	required under paragraphs (k) and (l), and notice thereof shall
400	be recorded in the official records.
401	(n)  The association shall not be obligated to pay for any
402	reconstruction or repair expenses due to casualty loss to any
403	improvements installed by a current or former owner of the unit
404	or by the developer where the improvement benefits only the unit
405	for which it was installed and is not part of the standard
406	improvements installed by the developer on all units as part of
407	original construction, whether or not such improvement is
408	located within the unit, except to the extent of any insurance
409	recovery specifically for any such improvements. Therefore, the
410	Legislature requires a report to be prepared by the Office of
411	Insurance Regulation of the Department of Financial Services for
412	publication 18 months from the effective date of this act,
413	evaluating premium increases or decreases for associations, unit
414	owner premium increases or decreases, recommended changes to
415	better define common areas, or any other information the Office
416	of Insurance Regulation deems appropriate.
417	(a)  A unit-owner controlled association operating a
418	residential condominium shall use its best efforts to obtain and
419	maintain adequate insurance to protect the association, the
420	association property, the common elements, and the condominium
421	property required to be insured by the association pursuant to
422	paragraph (b). If the association is developer controlled, the
423	association shall exercise due diligence to obtain and maintain
424	such insurance. Failure to obtain and maintain adequate
425	insurance during any period of developer control shall
426	constitute a breach of fiduciary responsibility by the
427	developer-appointed members of the board of directors of the
428	association, unless said members can show that despite such
429	failure, they have exercised due diligence. The declaration of
430	condominium as originally recorded, or amended pursuant to
431	procedures provided therein, may require that condominium
432	property consisting of freestanding buildings where there is no
433	more than one building in or on such unit need not be insured by
434	the association if the declaration requires the unit owner to
435	obtain adequate insurance for the condominium property. An
436	association may also obtain and maintain liability insurance for
437	directors and officers, insurance for the benefit of association
438	employees, and flood insurance for common elements, association
439	property, and units. Adequate insurance, regardless of any
440	requirement in the declaration of condominium for coverage by
441	the association for "full insurable value," "replacement cost,"
442	or the like, may include reasonable deductibles as determined by
443	the board based upon available funds or predetermined assessment
444	authority at the time that the insurance is obtained.
445	1.  Windstorm insurance coverage for a group of no fewer
446	than three communities created and operating under this chapter,
447	chapter 719, chapter 720, or chapter 721 may be obtained and
448	maintained for the communities if the insurance coverage is
449	sufficient to cover an amount equal to the probable maximum loss
450	for the communities for a 250-year windstorm event. Such
451	probable maximum loss must be determined through the use of a
452	competent model that has been accepted by the Florida Commission
453	on Hurricane Loss Projection Methodology. Such insurance
454	coverage is deemed adequate windstorm insurance for the purposes
455	of this section.
456	2.  An association or group of associations may self-insure
457	against claims against the association, the association
458	property, and the condominium property required to be insured by
459	an association, upon compliance with the applicable provisions
460	of ss. 624.460-624.488, which shall be considered adequate
461	insurance for the purposes of this section. A copy of each
462	policy of insurance in effect shall be made available for
463	inspection by unit owners at reasonable times.
464	(b)  Every hazard insurance policy issued or renewed on or
465	after January 1, 2004, to protect the condominium shall provide
466	primary coverage for:
467	1.  All portions of the condominium property located
468	outside the units;
469	2.  The condominium property located inside the units as
470	such property was initially installed, or replacements thereof
471	of like kind and quality and in accordance with the original
472	plans and specifications or, if the original plans and
473	specifications are not available, as they existed at the time
474	the unit was initially conveyed; and
475	3.  All portions of the condominium property for which the
476	declaration of condominium requires coverage by the association.
477
478	Anything to the contrary notwithstanding, the terms "condominium
479	property," "building," "improvements," "insurable improvements,"
480	"common elements," "association property," or any other term
481	found in the declaration of condominium which defines the scope
482	of property or casualty insurance that a condominium association
483	must obtain shall exclude all floor, wall, and ceiling
484	coverings, electrical fixtures, appliances, air conditioner or
485	heating equipment, water heaters, water filters, built-in
486	cabinets and countertops, and window treatments, including
487	curtains, drapes, blinds, hardware, and similar window treatment
488	components, or replacements of any of the foregoing which are
489	located within the boundaries of a unit and serve only one unit
490	and all air conditioning compressors that service only an
491	individual unit, whether or not located within the unit
492	boundaries. The foregoing is intended to establish the property
493	or casualty insuring responsibilities of the association and
494	those of the individual unit owner and do not serve to broaden
495	or extend the perils of coverage afforded by any insurance
496	contract provided to the individual unit owner. Beginning
497	January 1, 2004, the association shall have the authority to
498	amend the declaration of condominium, without regard to any
499	requirement for mortgagee approval of amendments affecting
500	insurance requirements, to conform the declaration of
501	condominium to the coverage requirements of this section.
502	(c)  Every hazard insurance policy issued or renewed on or
503	after January 1, 2004, to an individual unit owner shall provide
504	that the coverage afforded by such policy is excess over the
505	amount recoverable under any other policy covering the same
506	property. Each insurance policy issued to an individual unit
507	owner providing such coverage shall be without rights of
508	subrogation against the condominium association that operates
509	the condominium in which such unit owner's unit is located. All
510	real or personal property located within the boundaries of the
511	unit owner's unit which is excluded from the coverage to be
512	provided by the association as set forth in paragraph (b) shall
513	be insured by the individual unit owner.
514	(d)  The association shall obtain and maintain adequate
515	insurance or fidelity bonding of all persons who control or
516	disburse funds of the association. The insurance policy or
517	fidelity bond must cover the maximum funds that will be in the
518	custody of the association or its management agent at any one
519	time. As used in this paragraph, the term "persons who control
520	or disburse funds of the association" includes, but is not
521	limited to, those individuals authorized to sign checks and the
522	president, secretary, and treasurer of the association. The
523	association shall bear the cost of bonding.
524	(12)  OFFICIAL RECORDS.--
525	(b)1.  The official records of the association shall be
526	maintained within the state.
527	2.  Subject to paragraph (c), a unit owner may request in
528	writing that the records of the association identified in the
529	request be made available to him or her. The board, or its
530	designee, shall acknowledge the request, in writing, within 5
531	days of receipt of the request. The acknowledgement will include
532	the date, time, and place at which the records will be made
533	available. That date shall not be more than 10 working days
534	after receipt of the request.
535	3.  For purposes of this paragraph, "available" means
536	having the originals or a copy of the official records of the
537	association available for inspection or copying at a location
538	within 30 miles driving distance from the condominium property.
539	The records of the association shall be made available to a unit
540	owner within 5 working days after receipt of written request by
541	the board or its designee. This paragraph may be complied with
542	by having a copy of the official records of the association
543	available for inspection or copying on the condominium property
544	or association property.
545	(c)  The official records of the association are open to
546	inspection by any association member or the authorized
547	representative of such member at all reasonable times. The right
548	to inspect the records includes the right to make or obtain
549	copies, at the reasonable expense, if any, of the association
550	member. The association may adopt reasonable rules regarding the
551	frequency, time, location, notice, and manner of record
552	inspections and copying. The failure of an association to
553	provide the records within 10 working days after receipt of a
554	written request shall create a rebuttable presumption that the
555	association willfully failed to comply with this paragraph. A
556	unit owner who is denied access to official records is entitled
557	to the actual damages or minimum damages for the association's
558	willful failure to comply with this paragraph. The minimum
559	damages shall be $50 per calendar day up to 10 days, the
560	calculation to begin on the 11th working day after receipt of
561	the written request. The failure to permit inspection of the
562	association records as provided herein entitles any person
563	prevailing in an enforcement action to recover reasonable
564	attorney's fees from the person in control of the records who,
565	directly or indirectly, knowingly denied access to the records
566	for inspection. The association shall maintain an adequate
567	number of copies of the declaration, articles of incorporation,
568	bylaws, and rules, and all amendments to each of the foregoing,
569	as well as the question and answer sheet provided for in s.
570	718.504 and year-end financial information required in this
571	section on the condominium property to ensure their availability
572	to unit owners and prospective purchasers, and may charge its
573	actual costs for preparing and furnishing these documents to
574	those requesting the same. Notwithstanding the provisions of
575	this paragraph, the following records shall not be accessible to
576	unit owners:
577	1.  Any record protected by the lawyer-client privilege as
578	described in s. 90.502; and any record protected by the work-
579	product privilege, including any record prepared by an
580	association attorney or prepared at the attorney's express
581	direction; which reflects a mental impression, conclusion,
582	litigation strategy, or legal theory of the attorney or the
583	association, and which was prepared exclusively for civil or
584	criminal litigation or for adversarial administrative
585	proceedings, or which was prepared in anticipation of imminent
586	civil or criminal litigation or imminent adversarial
587	administrative proceedings until the conclusion of the
588	litigation or adversarial administrative proceedings.
589	2.  Information obtained by an association in connection
590	with the approval of the lease, sale, or other transfer of a
591	unit.
592	3.  Medical records of unit owners.
593	4.  The dates of birth, social security numbers, drivers'
594	license numbers, financial account numbers, and credit account
595	numbers of unit owners and any persons residing in the units.
596	(13)  FINANCIAL REPORTING.--Within 90 days after the end of
597	the fiscal year, or annually on a date provided in the bylaws,
598	the association shall prepare and complete, or contract for the
599	preparation and completion of, a financial report for the
600	preceding fiscal year. Within 21 days after the final financial
601	report is completed by the association or received from the
602	third party, but not later than 120 days after the end of the
603	fiscal year or other date as provided in the bylaws, the
604	association shall mail to each unit owner at the address last
605	furnished to the association by the unit owner, or hand deliver
606	to each unit owner, a copy of the financial report or a notice
607	that a copy of the financial report will be mailed or hand
608	delivered to the unit owner, without charge, upon receipt of a
609	written request from the unit owner. The division shall adopt
610	rules setting forth uniform accounting principles and standards
611	to be used by all associations and shall adopt rules addressing
612	financial reporting requirements for multicondominium
613	associations. In adopting such rules, the division shall
614	consider the number of members and annual revenues of an
615	association. Financial reports shall be prepared as follows:
616	(a)  An association that meets the criteria of this
617	paragraph shall prepare or cause to be prepared a complete set
618	of financial statements in accordance with generally accepted
619	accounting principles. The financial statements shall be based
620	upon the association's total annual revenues, as follows:
621	1.  An association with total annual revenues of $150,000
622	$100,000 or more, but less than $300,000 $200,000, shall prepare
623	compiled financial statements.
624	2.  An association with total annual revenues of at least
625	$300,000 $200,000, but less than  $600,000 $400,000, shall
626	prepare reviewed financial statements.
627	3.  An association with total annual revenues of  $600,000
628	$400,000 or more shall prepare audited financial statements.
629	(b)1.  An association with total annual revenues of less
630	than  $150,000 $100,000 shall prepare a report of cash receipts
631	and expenditures.
632	2.  An association which operates less than 50 units,
633	regardless of the association's annual revenues, shall prepare a
634	report of cash receipts and expenditures in lieu of financial
635	statements required by paragraph (a).
636	3.  A report of cash receipts and disbursements must
637	disclose the amount of receipts by accounts and receipt
638	classifications and the amount of expenses by accounts and
639	expense classifications, including, but not limited to, the
640	following, as applicable: costs for security, professional and
641	management fees and expenses, taxes, costs for recreation
642	facilities, expenses for refuse collection and utility services,
643	expenses for lawn care, costs for building maintenance and
644	repair, insurance costs, administration and salary expenses, and
645	reserves accumulated and expended for capital expenditures,
646	deferred maintenance, and any other category for which the
647	association maintains reserves.
648	(c)  An association may prepare or cause to be prepared,
649	without a meeting of or approval by the unit owners:
650	1.  Compiled, reviewed, or audited financial statements, if
651	the association is required to prepare a report of cash receipts
652	and expenditures;
653	2.  Reviewed or audited financial statements, if the
654	association is required to prepare compiled financial
655	statements; or
656	3.  Audited financial statements if the association is
657	required to prepare reviewed financial statements.
658	(d)  If approved by a majority of the voting interests
659	present at a properly called meeting of the association, an
660	association may prepare or cause to be prepared:
661	1.  A report of cash receipts and expenditures in lieu of a
662	compiled, reviewed, or audited financial statement;
663	2.  A report of cash receipts and expenditures or a
664	compiled financial statement in lieu of a reviewed or audited
665	financial statement; or
666	3.  A report of cash receipts and expenditures, a compiled
667	financial statement, or a reviewed financial statement in lieu
668	of an audited financial statement.
669
670	Such meeting and approval must occur prior to the end of the
671	fiscal year and is effective only for the fiscal year in which
672	the vote is taken. This paragraph shall not apply to fiscal year
673	financial statements of an association subject to paragraph (a)
674	if financial statements at a level lower than required by
675	paragraph (a) were prepared for each of the prior 3 consecutive
676	fiscal years. With respect to an association to which the
677	developer has not turned over control of the association, all
678	unit owners, including the developer, may vote on issues related
679	to the preparation of financial reports for the first 2 fiscal
680	years of the association's operation, beginning with the fiscal
681	year in which the declaration is recorded. Thereafter, all unit
682	owners except the developer may vote on such issues until
683	control is turned over to the association by the developer.
684	Section 5.  Paragraphs (c), (d), and (f) of subsection (2)
685	of section 718.112, Florida Statutes, are amended to read:
686	718.112  Bylaws.--
687	(2)  REQUIRED PROVISIONS.--The bylaws shall provide for the
688	following and, if they do not do so, shall be deemed to include
689	the following:
690	(c)  Board of administration meetings.--
691	1.  Meetings of the board of administration at which a
692	quorum of the members is present shall be open to all unit
693	owners. Meetings shall be conducted using generally accepted
694	parliamentary rules of order. Any unit owner may tape record or
695	videotape meetings of the board of administration. The right to
696	attend such meetings includes the right to speak at such
697	meetings with reference to all designated agenda items. The
698	division shall adopt reasonable rules governing the tape
699	recording and videotaping of the meeting. The association may
700	adopt written reasonable rules governing the frequency,
701	duration, and manner of unit owner statements. Adequate notice
702	of all meetings, which notice shall specifically incorporate an
703	identification of agenda items, shall be posted conspicuously on
704	the condominium property at least 48 continuous hours preceding
705	the meeting except in an emergency. Any item not included on the
706	notice may be taken up on an emergency basis by at least a
707	majority plus one of the members of the board. Such emergency
708	action shall be noticed and ratified at the next regular meeting
709	of the board. However, written notice of any meeting at which
710	nonemergency special assessments, or at which amendment to rules
711	regarding unit use, will be considered shall be mailed,
712	delivered, or electronically transmitted to the unit owners and
713	posted conspicuously on the condominium property not less than
714	14 days prior to the meeting. Evidence of compliance with this
715	14-day notice shall be made by an affidavit executed by the
716	person providing the notice and filed among the official records
717	of the association. Upon notice to the unit owners, the board
718	shall by duly adopted rule designate a specific location on the
719	condominium property or association property upon which all
720	notices of board meetings shall be posted. If there is no
721	condominium property or association property upon which notices
722	can be posted, notices of board meetings shall be mailed,
723	delivered, or electronically transmitted at least 14 days before
724	the meeting to the owner of each unit. In lieu of or in addition
725	to the physical posting of notice of any meeting of the board of
726	administration on the condominium property, the association may,
727	by reasonable rule, adopt a procedure for conspicuously posting
728	and repeatedly broadcasting the notice and the agenda on a
729	closed-circuit cable television system serving the condominium
730	association. However, if broadcast notice is used in lieu of a
731	notice posted physically on the condominium property, the notice
732	and agenda must be broadcast at least four times every broadcast
733	hour of each day that a posted notice is otherwise required
734	under this section. When broadcast notice is provided, the
735	notice and agenda must be broadcast in a manner and for a
736	sufficient continuous length of time so as to allow an average
737	reader to observe the notice and read and comprehend the entire
738	content of the notice and the agenda. Notice of any meeting in
739	which regular assessments against unit owners are to be
740	considered for any reason shall specifically contain a statement
741	that assessments will be considered and the nature of any such
742	assessments. Meetings of a committee to take final action on
743	behalf of the board or make recommendations to the board
744	regarding the association budget are subject to the provisions
745	of this paragraph. Meetings of a committee that does not take
746	final action on behalf of the board or make recommendations to
747	the board regarding the association budget are subject to the
748	provisions of this section, unless those meetings are exempted
749	from this section by the bylaws of the association.
750	Notwithstanding any other law, the requirement that board
751	meetings and committee meetings be open to the unit owners is
752	inapplicable to meetings between the board or a committee and
753	the association's attorney, with respect to proposed or pending
754	litigation, when the meeting is held for the purpose of seeking
755	or rendering legal advice.
756	2.  If 20 percent of the total voting interests petition
757	the board to address an item of business, the board shall at its
758	next regular board meeting or at a special meeting of the board,
759	but not later than 60 days after the receipt of the petition,
760	take the petitioned item up on an agenda. The board shall give
761	all members notice of the meeting at which the petitioned item
762	shall be addressed in accordance with subparagraph 1. Each
763	member shall have the right to speak for at least 3 minutes on
764	each matter placed on the agenda by petition, provided that the
765	member signs the sign-up sheet, if one is provided, or submits a
766	written request to speak prior to the meeting. Other than
767	addressing the petitioned item at the meeting, the board is not
768	obligated to take any other action requested by the petition.
769	(d)  Unit owner meetings.--
770	1.  There shall be an annual meeting of the unit owners.
771	All meetings of the unit owners, including the annual meeting,
772	shall be held at the place and time provided in the
773	association's bylaws or, if the bylaws are silent, at a time and
774	place specified by the board that is within the state and within
775	20 miles of the condominium property. Unless the bylaws provide
776	otherwise, a vacancy on the board caused by the expiration of a
777	director's term shall be filled by electing a new board member,
778	and the election shall be by secret ballot; however, if the
779	number of vacancies equals or exceeds the number of candidates,
780	no election is required. If there is no provision in the bylaws
781	for terms of the members of the board, the terms of all members
782	of the board shall expire upon the election of their successors
783	at the annual meeting. Any unit owner desiring to be a candidate
784	for board membership shall comply with subparagraph 3. A person
785	who has been convicted of any felony by any court of record in
786	the United States and who has not had his or her right to vote
787	restored pursuant to law in the jurisdiction of his or her
788	residence is not eligible for board membership. The validity of
789	an action by the board is not affected if it is later determined
790	that a member of the board is ineligible for board membership
791	due to having been convicted of a felony.
792	2.  The bylaws shall provide the method of calling meetings
793	of unit owners, including annual meetings. Written notice, which
794	notice must include an agenda, shall be mailed, hand delivered,
795	or electronically transmitted to each unit owner at least 14
796	days prior to the annual meeting and shall be posted in a
797	conspicuous place on the condominium property at least 14
798	continuous days preceding the annual meeting. Upon notice to the
799	unit owners, the board shall by duly adopted rule designate a
800	specific location on the condominium property or association
801	property upon which all notices of unit owner meetings shall be
802	posted; however, if there is no condominium property or
803	association property upon which notices can be posted, this
804	requirement does not apply. In lieu of or in addition to the
805	physical posting of notice of any meeting of the unit owners on
806	the condominium property, the association may, by reasonable
807	rule, adopt a procedure for conspicuously posting and repeatedly
808	broadcasting the notice and the agenda on a closed-circuit cable
809	television system serving the condominium association. However,
810	if broadcast notice is used in lieu of a notice posted
811	physically on the condominium property, the notice and agenda
812	must be broadcast at least four times every broadcast hour of
813	each day that a posted notice is otherwise required under this
814	section. When broadcast notice is provided, the notice and
815	agenda must be broadcast in a manner and for a sufficient
816	continuous length of time so as to allow an average reader to
817	observe the notice and read and comprehend the entire content of
818	the notice and the agenda. Unless a unit owner waives in writing
819	the right to receive notice of the annual meeting, such notice
820	shall be hand delivered, mailed, or electronically transmitted
821	to each unit owner. Notice for meetings and notice for all other
822	purposes shall be mailed to each unit owner at the address last
823	furnished to the association by the unit owner, or hand
824	delivered to each unit owner. However, if a unit is owned by
825	more than one person, the association shall provide notice, for
826	meetings and all other purposes, to that one address which the
827	developer initially identifies for that purpose and thereafter
828	as one or more of the owners of the unit shall so advise the
829	association in writing, or if no address is given or the owners
830	of the unit do not agree, to the address provided on the deed of
831	record. An officer of the association, or the manager or other
832	person providing notice of the association meeting, shall
833	provide an affidavit or United States Postal Service certificate
834	of mailing, to be included in the official records of the
835	association affirming that the notice was mailed or hand
836	delivered, in accordance with this provision.
837	3.  The members of the board shall be elected by written
838	ballot or voting machine. Proxies shall in no event be used in
839	electing the board, either in general elections or elections to
840	fill vacancies caused by recall, resignation, or otherwise,
841	unless otherwise provided in this chapter. Not less than 60 days
842	before a scheduled election, the association shall mail,
843	deliver, or electronically transmit, whether by separate
844	association mailing or included in another association mailing,
845	delivery, or transmission, including regularly published
846	newsletters, to each unit owner entitled to a vote, a first
847	notice of the date of the election. Any unit owner or other
848	eligible person desiring to be a candidate for the board must
849	give written notice to the association not less than 40 days
850	before a scheduled election. Together with the written notice
851	and agenda as set forth in subparagraph 2., the association
852	shall mail, deliver, or electronically transmit a second notice
853	of the election to all unit owners entitled to vote therein,
854	together with a ballot which shall list all candidates. Upon
855	request of a candidate, the association shall include an
856	information sheet, no larger than 81/2 inches by 11 inches,
857	which must be furnished by the candidate not less than 35 days
858	before the election, to be included with the mailing, delivery,
859	or transmission of the ballot, with the costs of mailing,
860	delivery, or electronic transmission and copying to be borne by
861	the association. The association is not liable for the contents
862	of the information sheets prepared by the candidates. In order
863	to reduce costs, the association may print or duplicate the
864	information sheets on both sides of the paper. The division
865	shall by rule establish voting procedures consistent with the
866	provisions contained herein, including rules establishing
867	procedures for giving notice by electronic transmission and
868	rules providing for the secrecy of ballots. Elections shall be
869	decided by a plurality of those ballots cast. There shall be no
870	quorum requirement; however, at least 20 percent of the eligible
871	voters must cast a ballot in order to have a valid election of
872	members of the board. No unit owner shall permit any other
873	person to vote his or her ballot, and any such ballots
874	improperly cast shall be deemed invalid, provided any unit owner
875	who violates this provision may be fined by the association in
876	accordance with s. 718.303. A unit owner who needs assistance in
877	casting the ballot for the reasons stated in s. 101.051 may
878	obtain assistance in casting the ballot. The regular election
879	shall occur on the date of the annual meeting. The provisions of
880	this subparagraph shall not apply to timeshare condominium
881	associations. Notwithstanding the provisions of this
882	subparagraph, an election is not required unless more candidates
883	file notices of intent to run or are nominated than board
884	vacancies exist.
885	4.  Any approval by unit owners called for by this chapter
886	or the applicable declaration or bylaws, including, but not
887	limited to, the approval requirement in s. 718.111(8), shall be
888	made at a duly noticed meeting of unit owners and shall be
889	subject to all requirements of this chapter or the applicable
890	condominium documents relating to unit owner decisionmaking,
891	except that unit owners may take action by written agreement,
892	without meetings, on matters for which action by written
893	agreement without meetings is expressly allowed by the
894	applicable bylaws or declaration or any statute that provides
895	for such action.
896	5.  Unit owners may waive notice of specific meetings if
897	allowed by the applicable bylaws or declaration or any statute.
898	If authorized by the bylaws, notice of meetings of the board of
899	administration, unit owner meetings, except unit owner meetings
900	called to recall board members under paragraph (j), and
901	committee meetings may be given by electronic transmission to
902	unit owners who consent to receive notice by electronic
903	transmission.
904	6.  Unit owners shall have the right to participate in
905	meetings of unit owners with reference to all designated agenda
906	items. However, the association may adopt reasonable rules
907	governing the frequency, duration, and manner of unit owner
908	participation.
909	7.  Any unit owner may tape record or videotape a meeting
910	of the unit owners subject to reasonable rules adopted by the
911	division.
912	8.  Unless otherwise provided in the bylaws, any vacancy
913	occurring on the board before the expiration of a term may be
914	filled by the affirmative vote of the majority of the remaining
915	directors, even if the remaining directors constitute less than
916	a quorum, or by the sole remaining director. In the alternative,
917	a board may hold an election to fill the vacancy, in which case
918	the election procedures must conform to the requirements of
919	subparagraph 3. unless the association has opted out of the
920	statutory election process, in which case the bylaws of the
921	association control. Unless otherwise provided in the bylaws, a
922	board member appointed or elected under this section shall fill
923	the vacancy for the unexpired term of the seat being filled.
924	Filling vacancies created by recall is governed by paragraph (j)
925	and rules adopted by the division.
926
927	Notwithstanding subparagraphs (b)2. and (d)3., an association
928	may, by the affirmative vote of a majority of the total voting
929	interests, provide for different voting and election procedures
930	in its bylaws, which vote may be by a proxy specifically
931	delineating the different voting and election procedures. The
932	different voting and election procedures may provide for
933	elections to be conducted by limited or general proxy.
934	(f)  Annual budget.--
935	1.  The proposed annual budget of common expenses shall be
936	detailed and shall show the amounts budgeted by accounts and
937	expense classifications, including, if applicable, but not
938	limited to, those expenses listed in s. 718.504(21). A
939	multicondominium association shall adopt a separate budget of
940	common expenses for each condominium the association operates
941	and shall adopt a separate budget of common expenses for the
942	association. In addition, if the association maintains limited
943	common elements with the cost to be shared only by those
944	entitled to use the limited common elements as provided for in
945	s. 718.113(1), the budget or a schedule attached thereto shall
946	show amounts budgeted therefor. If, after turnover of control of
947	the association to the unit owners, any of the expenses listed
948	in s. 718.504(21) are not applicable, they need not be listed.
949	2.  In addition to annual operating expenses, the budget
950	shall include reserve accounts for those items of capital
951	expenditures and deferred maintenance that occur less frequently
952	than annually. These accounts shall include, but are not limited
953	to, roof replacement, building painting, and pavement
954	resurfacing, regardless of the amount of deferred maintenance
955	expense or replacement cost, and for any other item for which
956	the deferred maintenance expense or replacement cost exceeds the
957	greater of $10,000 or $300 multiplied by the number of units.
958	The amount to be reserved shall be computed by means of a
959	formula which is based upon estimated remaining useful life and
960	estimated replacement cost or deferred maintenance expense of
961	each reserve item. The association may adjust replacement
962	reserve assessments annually to take into account any changes in
963	estimates or extension of the useful life of a reserve item
964	caused by deferred maintenance. This subsection does not apply
965	to an adopted budget in which the members of an association have
966	determined, by a majority vote at a duly called meeting of the
967	association, to provide no reserves or less reserves than
968	required by this subsection. However, prior to turnover of
969	control of an association by a developer to unit owners other
970	than a developer pursuant to s. 718.301, the developer may vote
971	to waive the reserves or reduce the funding of reserves for the
972	first 2 fiscal years of the association's operation, beginning
973	with the fiscal year in which the initial declaration is
974	recorded, after which time reserves may be waived or reduced
975	only upon the vote of a majority of all nondeveloper voting
976	interests voting in person or by limited proxy at a duly called
977	meeting of the association. If a meeting of the unit owners has
978	been called to determine whether to waive or reduce the funding
979	of reserves, and no such result is achieved or a quorum is not
980	attained, the reserves as included in the budget shall go into
981	effect. After the turnover, the developer may vote its voting
982	interest to waive or reduce the funding of reserves.
983	3.  Reserve funds and any interest accruing thereon shall
984	remain in the reserve account or accounts, and shall be used
985	only for authorized reserve expenditures unless their use for
986	other purposes is approved in advance by a majority vote at a
987	duly called meeting of the association. Prior to turnover of
988	control of an association by a developer to unit owners other
989	than the developer pursuant to s. 718.301, the developer-
990	controlled association shall not vote to use reserves for
991	purposes other than that for which they were intended without
992	the approval of a majority of all nondeveloper voting interests,
993	voting in person or by limited proxy at a duly called meeting of
994	the association.
995	4.  The only voting interests which are eligible to vote on
996	questions that involve waiving or reducing the funding of
997	reserves, or using existing reserve funds for purposes other
998	than purposes for which the reserves were intended, are the
999	voting interests of the units subject to assessment to fund the
1000	reserves in question.
1001	Section 6.  Paragraph (a) of subsection (1) of section
1002	718.115, Florida Statutes, is amended to read:
1003	718.115  Common expenses and common surplus.--
1004	(1)(a)  Common expenses include the expenses of the
1005	operation, maintenance, repair, replacement, or protection of
1006	the common elements and association property, costs of carrying
1007	out the powers and duties of the association, and any other
1008	expense, whether or not included in the foregoing, designated as
1009	common expense by this chapter, the declaration, the documents
1010	creating the association, or the bylaws. Common expenses also
1011	include reasonable transportation services, insurance for
1012	directors and officers, road maintenance and operation expenses,
1013	in-house communications, and security services, which are
1014	reasonably related to the general benefit of the unit owners
1015	even if such expenses do not attach to the common elements or
1016	property of the condominium. However, such common expenses must
1017	either have been services or items provided on or after the date
1018	control of the association is transferred from the developer to
1019	the unit owners or must be services or items provided for in the
1020	condominium documents or bylaws. The expenses of items or
1021	services required by federal, state, or local government to be
1022	installed, maintained, or supplied to the condominium property
1023	by the association, including, but not limited to, fire safety
1024	equipment, or water and sewer service where a master meter
1025	serves the condominium, shall be common expenses whether or not
1026	these items or services are specifically identified as common
1027	expenses in the declaration, articles, or bylaws of the
1028	association.
1029	Section 7.  Paragraph (c) of subsection (5) of section
1030	718.116, Florida Statutes, is redesignated as paragraph (d), a
1031	new paragraph (c) is added to that subsection, and subsection
1032	(10) of that section is amended, to read:
1033	718.116  Assessments; liability; lien and priority;
1034	interest; collection.--
1035	(5)
1036	(c)  Any claim of lien filed on or after January 1, 2009,
1037	shall not be valid unless it includes a statement from the
1038	executing officer or authorized agent attesting that on a stated
1039	date, which shall be no later than 30 days prior to the date of
1040	filing, the record owner was given written notice of the amount
1041	due and of the association's intention to file a claim of lien
1042	if the amount due has not been fully paid within 30 days
1043	following the date of mailing or delivery of the notice. The
1044	statement shall also attest that the notice described was given
1045	by personal delivery to the unit owner or by mailing a copy
1046	thereof by certified or registered mail, return receipt,
1047	addressed to the unit owner at his or her last known address.
1048	(d)(c)  By recording a notice in substantially the
1049	following form, a unit owner or the unit owner's agent or
1050	attorney may require the association to enforce a recorded claim
1051	of lien against his or her condominium parcel:
1052
1053	NOTICE OF CONTEST OF LIEN
1054
1055	TO:   (Name and address of association)   You are notified
1056	that the undersigned contests the claim of lien filed by you on
1057	_____,   (year)  , and recorded in Official Records Book _____
1058	at Page _____, of the public records of _____ County, Florida,
1059	and that the time within which you may file suit to enforce your
1060	lien is limited to 90 days from the date of service of this
1061	notice. Executed this _____ day of _____,   (year)  .
1062
1063	Signed:   (Owner or Attorney)
1064
1065	After notice of contest of lien has been recorded, the clerk of
1066	the circuit court shall mail a copy of the recorded notice to
1067	the association by certified mail, return receipt requested, at
1068	the address shown in the claim of lien or most recent amendment
1069	to it and shall certify to the service on the face of the
1070	notice. Service is complete upon mailing. After service, the
1071	association has 90 days in which to file an action to enforce
1072	the lien; and, if the action is not filed within the 90-day
1073	period, the lien is void. However, the 90-day period shall be
1074	extended for any length of time that the association is
1075	prevented from filing its action because of an automatic stay
1076	resulting from the filing of a bankruptcy petition by the unit
1077	owner or by any other person claiming an interest in the parcel.
1078	(10)  The specific purpose or purposes of any special
1079	assessment, including any contingent special assessment levied
1080	in conjunction with the purchase of an insurance policy
1081	authorized by s. 718.111(11), approved in accordance with the
1082	condominium documents shall be set forth in a written notice of
1083	such assessment sent or delivered to each unit owner. Unit
1084	owners shall be afforded no less than 60 days' advance notice to
1085	pay estimated nonemergency special assessments. The funds
1086	collected pursuant to a special assessment shall be used only
1087	for the specific purpose or purposes set forth in such notice.
1088	However, upon completion of such specific purpose or purposes,
1089	any excess funds will be considered common surplus, and may, at
1090	the discretion of the board, either be returned to the unit
1091	owners or applied as a credit toward future assessments.
1092	Section 8.  Section 718.1265, Florida Statutes, is created
1093	to read:
1094	718.1265  Association emergency powers.--
1095	(1)  To the extent allowed by law and unless specifically
1096	prohibited by the declaration, articles, or bylaws of an
1097	association, and consistent with the provisions of s. 617.0830,
1098	the board of administration, in response to damage caused by an
1099	event for which a state of emergency is declared pursuant to s.
1100	252.36 in the locale in which the condominium is located, may,
1101	but is not required to, exercise the following powers:
1102	(a)  Conduct board meetings and membership meetings with
1103	notice given as is practicable. Such notice may be given in any
1104	practicable manner, including publication, radio, United States
1105	mail, the Internet, public service announcements, and
1106	conspicuous posting on the condominium property or any other
1107	means the board deems reasonable under the circumstances. Notice
1108	of board decisions may be communicated as provided in this
1109	paragraph.
1110	(b)  Cancel and reschedule any association meeting.
1111	(c)  Name as assistant officers persons who are not
1112	directors, which assistant officers shall have the same
1113	authority as the executive officers to whom they are assistants
1114	during the state of emergency to accommodate the incapacity or
1115	unavailability of any officer of the association.
1116	(d)  Relocate the association's principal office or
1117	designate alternative principal offices.
1118	(e)  Enter into agreements with local counties and
1119	municipalities to assist counties and municipalities with debris
1120	removal.
1121	(f)  Implement a disaster plan before or immediately
1122	following the event for which a state of emergency is declared
1123	that may include, but is not limited to, shutting down or off
1124	elevators; electricity; water, sewer, or security systems; or
1125	air conditioners.
1126	(g)  Declare any portion of the condominium property
1127	unavailable for entry or occupancy by unit owners, family
1128	members, tenants, guests, agents, or invitees to protect the
1129	health, safety, or welfare of such persons.
1130	(h)  Require the evacuation of the condominium property in
1131	the event of a mandatory evacuation order in the locale in which
1132	the condominium is located. Should any unit owner or other
1133	occupant of a condominium fail or refuse to evacuate the
1134	condominium property where the board has required evacuation,
1135	the association shall be immune from liability for injury to
1136	persons or property arising from such failure or refusal.
1137	(i)  Determine whether the condominium property can be
1138	safely inhabited or occupied. However, such determination is not
1139	conclusive as to any determination of habitability pursuant to
1140	the declaration made by county or municipal officials in the
1141	locale in which the condominium is located.
1142	(j)  Mitigate further damage, including taking action to
1143	contract for the removal of debris, making roofing or other
1144	repairs to prevent intrusion by the elements, and shoring walls;
1145	and prevent or mitigate the spread of fungus, including, but not
1146	limited to, mold or mildew, by removing and disposing of wet
1147	drywall, insulation, carpet, cabinetry, or other fixtures, on or
1148	within the condominium property, even if the unit owner is
1149	obligated by the declaration or law to insure or replace those
1150	fixtures and to remove personal property from a unit.
1151	(k)  Contract, on behalf of any unit owner or owners, for
1152	items or services for which the owner or owners are otherwise
1153	individually responsible for, but which are necessary to prevent
1154	further damage to the condominium property. In such event, the
1155	unit owner or owners on whose behalf the board has contracted
1156	are responsible for reimbursing the association for the actual
1157	costs of the items or services, and the association may use its
1158	lien authority provided by s. 718.116 to enforce collection of
1159	the charges. Without limitation, such items or services may
1160	include the drying of units, the boarding of broken windows or
1161	doors, and the replacement of damaged air conditioners or air
1162	handlers to provide climate control in the units or other
1163	portions of the property.
1164	(l)  Levy special assessments without a vote of the owners,
1165	regardless of any provision to the contrary in the declaration,
1166	articles, or bylaws of an association and regardless of the fact
1167	that such authority does not specifically appear in such
1168	documents.
1169	(m)  Use reserve funds and borrow money and pledge
1170	association assets as collateral to fund emergency repairs and
1171	carry out the duties of the association when operating funds are
1172	insufficient, without unit owner approval. This paragraph does
1173	not limit the general authority of the association to borrow
1174	money, subject to such restrictions as are contained in the
1175	declaration, articles, or bylaws.
1176	(2)  The special powers authorized under subsection (1)
1177	shall be limited to that time reasonably necessary to protect
1178	the health, safety, and welfare of the association, the unit
1179	owners, their family members, tenants, guests, agents, or
1180	invitees and shall be reasonably necessary to mitigate further
1181	damage and make emergency repairs.
1182	Section 9.  Paragraphs (d) and (e) of subsection (1) of
1183	section 718.3025, Florida Statutes, are amended, and subsection
1184	(5) is added to that section, to read:
1185	718.3025  Agreements for operation, maintenance, or
1186	management of condominiums; specific requirements.--
1187	(1)  No written contract between a party contracting to
1188	provide maintenance or management services and an association
1189	which contract provides for operation, maintenance, or
1190	management of a condominium association or property serving the
1191	unit owners of a condominium shall be valid or enforceable
1192	unless the contract:
1193	(d)  Specifies a minimum number of personnel to be employed
1194	by the party contracting to provide maintenance or management
1195	services for the purpose of providing service to the
1196	association.
1197	(e)  Discloses any financial or ownership interest which
1198	the developer, if the developer is in control of the
1199	association, holds with regard to the party contracting to
1200	provide maintenance or management services.
1201	(5)  No clause in a contract subject to this section
1202	executed on or after January 1, 2009, shall be enforceable to
1203	the extent that it provides for the automatic renewal or the
1204	automatic extension of the contract.
1205	Section 10.  Section 718.3026, Florida Statutes, is amended
1206	to read:
1207	718.3026  Contracts for products and services; in writing;
1208	bids; exceptions.--Associations with less than 100 units may opt
1209	out of the provisions of this section if two-thirds of the unit
1210	owners vote to do so, which opt-out may be accomplished by a
1211	proxy specifically setting forth the exception from this
1212	section. Such an opt out expires 3 years following the date of
1213	the opt-out vote.
1214	(1)  All contracts as further described herein or any
1215	contract that is not to be fully performed within 1 year after
1216	the making thereof, for the purchase, lease, or renting of
1217	materials or equipment to be used by the association in
1218	accomplishing its purposes under this chapter, and all contracts
1219	for the provision of services, shall be in writing. If a
1220	contract for the purchase, lease, or renting of materials or
1221	equipment, or for the provision of services, requires payment by
1222	the association on behalf of any condominium operated by the
1223	association in the aggregate that exceeds 5 percent of the total
1224	annual budget of the association, including reserves, the
1225	association shall obtain competitive bids for the materials,
1226	equipment, or services. Nothing contained herein shall be
1227	construed to require the association to accept the lowest bid.
1228	(2)(a)1.  Notwithstanding the foregoing, contracts with
1229	employees of the association, and contracts for attorney,
1230	accountant, architect, community association manager, timeshare
1231	management firm, engineering, and landscape architect services
1232	are not subject to the provisions of this section.
1233	2.  A contract executed before January 1, 1992, and any
1234	renewal thereof, is not subject to the competitive bid
1235	requirements of this section. If a contract was awarded under
1236	the competitive bid procedures of this section, any renewal of
1237	that contract is not subject to such competitive bid
1238	requirements if the contract contains a provision that allows
1239	the board to cancel the contract on 30 days' notice. Materials,
1240	equipment, or services provided to a condominium under a local
1241	government franchise agreement by a franchise holder are not
1242	subject to the competitive bid requirements of this section. A
1243	contract with a manager, if made by a competitive bid, may be
1244	made for up to 3 years. A condominium whose declaration or
1245	bylaws provides for competitive bidding for services may operate
1246	under the provisions of that declaration or bylaws in lieu of
1247	this section if those provisions are not less stringent than the
1248	requirements of this section.
1249	(b)  Nothing contained herein is intended to limit the
1250	ability of an association to obtain needed products and services
1251	in an emergency.
1252	(c)  This section shall not apply if the business entity
1253	with which the association desires to enter into a contract is
1254	the only source of supply within the county serving the
1255	association.
1256	(d)  Nothing contained herein shall excuse a party
1257	contracting to provide maintenance or management services from
1258	compliance with s. 718.3025.
1259	Section 11.  Subsection (3) of section 718.303, Florida
1260	Statutes, is amended to read:
1261	718.303  Obligations of owners; waiver; levy of fine
1262	against unit by association.--
1263	(3)  If the declaration or bylaws so provide, the
1264	association may levy reasonable fines against a unit for the
1265	failure of the owner of the unit, or its occupant, licensee, or
1266	invitee, to comply with any provision of the declaration, the
1267	association bylaws, or reasonable rules of the association. No
1268	fine will become a lien against a unit. No fine may exceed $100
1269	per violation. However, a fine may be levied on the basis of
1270	each day of a continuing violation, with a single notice and
1271	opportunity for hearing, provided that no such fine shall in the
1272	aggregate exceed $1,000. No fine may be levied except after
1273	giving reasonable notice and opportunity for a hearing to the
1274	unit owner and, if applicable, its licensee or invitee. The
1275	hearing must be held before a committee of other unit owners who
1276	are neither board members nor persons residing in a board
1277	member's household. If the committee does not agree with the
1278	fine, the fine may not be levied. The provisions of this
1279	subsection do not apply to unoccupied units.
1280	Section 12.  Subsection (4) of section 718.5012, Florida
1281	Statutes, is amended to read:
1282	718.5012  Ombudsman; powers and duties.--The ombudsman
1283	shall have the powers that are necessary to carry out the duties
1284	of his or her office, including the following specific powers:
1285	(4)  To act as liaison between the division, unit owners,
1286	boards of directors, board members, community association
1287	managers, and other affected parties. The ombudsman shall
1288	develop policies and procedures to assist unit owners, boards of
1289	directors, board members, community association managers, and
1290	other affected parties to understand their rights and
1291	responsibilities as set forth in this chapter and the
1292	condominium documents governing their respective association.
1293	The ombudsman shall coordinate and assist in the preparation and
1294	adoption of educational and reference material, and shall
1295	endeavor to coordinate with private or volunteer providers of
1296	these services, so that the availability of these resources is
1297	made known to the largest possible audience.
1298	Section 13.  Paragraph (a) of subsection (2) of section
1299	718.503, Florida Statutes, is amended to read:
1300	718.503  Developer disclosure prior to sale; nondeveloper
1301	unit owner disclosure prior to sale; voidability.--
1302	(2)  NONDEVELOPER DISCLOSURE.--
1303	(a)  Each unit owner who is not a developer as defined by
1304	this chapter shall comply with the provisions of this subsection
1305	prior to the sale of his or her unit. Each prospective purchaser
1306	who has entered into a contract for the purchase of a
1307	condominium unit is entitled, at the seller's expense, to a
1308	current copy of the declaration of condominium, articles of
1309	incorporation of the association, bylaws and rules of the
1310	association, financial information required by s. 718.111, and
1311	the document entitled "Frequently Asked Questions and Answers"
1312	required by s. 718.504. On and after January 1, 2009, the
1313	prospective purchaser shall also be entitled to receive from the
1314	seller a copy of a governance form. Such form shall be provided
1315	by the division summarizing governance of condominium
1316	associations. In addition to such other information as the
1317	division considers helpful to a prospective purchaser in
1318	understanding association governance, the governance form shall
1319	address the following subjects:
1320	1.  The role of the board in conducting the day-to-day
1321	affairs of the association on behalf of, and in the best
1322	interests of, the owners.
1323	2.  The board's responsibility to provide advance notice of
1324	board and membership meetings.
1325	3.  The rights of owners to attend and speak at board and
1326	membership meetings.
1327	4.  The responsibility of the board and of owners with
1328	respect to maintenance of the condominium property.
1329	5.  The responsibility of the board and owners to abide by
1330	the condominium documents, this chapter, rules promulgated by
1331	the division, and reasonable rules promulgated by the board.
1332	6.  Owners' rights to inspect and copy association records
1333	and the limitations on such rights.
1334	7.  Remedies available to owners with respect to actions by
1335	the board which may be abusive or beyond the board's power and
1336	authority.
1337	8.  The right of the board to hire a property management
1338	firm, subject to its own primary responsibility for such
1339	management.
1340	9.  The responsibility of owners with regard to payment of
1341	regular or special assessments necessary for the operation of
1342	the property and the potential consequences of failure to pay
1343	such assessments.
1344	10.  The voting rights of owners.
1345	11.  Rights and obligations of the board in enforcement of
1346	rules in the condominium documents and rules adopted by the
1347	board.
1348
1349	The governance form shall also include the following statement
1350	in conspicuous type: "This publication is intended as an
1351	informal educational overview of condominium governance. In the
1352	event of a conflict the provisions of chapter 718, Florida
1353	Statutes; rules promulgated by the Division of Florida Land
1354	Sales, Condominiums, and Mobile Homes of the Department of
1355	Business and Professional Regulation; the provisions of the
1356	condominium documents; and reasonable rules promulgated by the
1357	condominium association's board of administration prevail over
1358	the contents of this publication."
1359	Section 14.  Paragraphs (b) and (c) of subsection (2),
1360	paragraphs (a) and (c) of subsection (5), paragraphs (b), (c),
1361	(d), (f), and (g) of subsection (6), and paragraphs (a), (b),
1362	and (c) of subsection (7) of section 720.303, Florida Statutes,
1363	are amended, and subsection (12) is added to that section, to
1364	read:
1365	720.303  Association powers and duties; meetings of board;
1366	official records; budgets; financial reporting; association
1367	funds; recalls.--
1368	(2)  BOARD MEETINGS.--
1369	(b)  Members have the right to attend all meetings of the
1370	board and to speak on any matter placed on the agenda by
1371	petition of the voting interests for at least 3 minutes on any
1372	matter placed on the agenda. Members may also address the
1373	meeting on nonagenda issues following the completion of the
1374	regular agenda during a new business heading. The association
1375	may adopt written reasonable rules expanding the right of
1376	members to speak and governing the frequency, duration, and
1377	other manner of member statements, which rules must be
1378	consistent with this paragraph and may include a sign-up sheet
1379	for members wishing to speak. Notwithstanding any other law, the
1380	requirement that board meetings and committee meetings be open
1381	to the members is inapplicable to meetings between the board or
1382	a committee to discuss proposed or pending litigation with and
1383	the association's attorney, with respect to meetings of the
1384	board held for the purpose of discussing personnel matters.
1385	(c)  The bylaws shall provide for giving notice to parcel
1386	owners and members of all board meetings and, if they do not do
1387	so, shall be deemed to provide the following:
1388	1.  Notices of all regular board meetings must be posted in
1389	a conspicuous place in the community at least 48 hours in
1390	advance of a meeting, except in an emergency. Notice of special
1391	board meetings may be made with less than 48 hours' notice in
1392	cases of sudden, unforeseen happenings that require action to
1393	protect lives or property of the association's members. In the
1394	alternative, if notice is not posted in a conspicuous place in
1395	the community, notice of each board meeting must be mailed or
1396	delivered to each member at least 7 days before the meeting,
1397	except in an emergency. Notwithstanding this general notice
1398	requirement, for communities with more than 100 members, the
1399	bylaws may provide for a reasonable alternative to posting or
1400	mailing of notice for each board meeting, including publication
1401	of notice, provision of a schedule of board meetings, or the
1402	conspicuous posting and repeated broadcasting of the notice on a
1403	closed-circuit cable television system serving the homeowners'
1404	association. However, if broadcast notice is used in lieu of a
1405	notice posted physically in the community, the notice must be
1406	broadcast at least four times every broadcast hour of each day
1407	that a posted notice is otherwise required. When broadcast
1408	notice is provided, the notice and agenda must be broadcast in a
1409	manner and for a sufficient continuous length of time so as to
1410	allow an average reader to observe the notice and read and
1411	comprehend the entire content of the notice and the agenda. The
1412	bylaws or amended bylaws may provide for giving notice by
1413	electronic transmission in a manner authorized by law for
1414	meetings of the board of directors, committee meetings requiring
1415	notice under this section, and annual and special meetings of
1416	the members; however, a member must consent in writing to
1417	receiving notice by electronic transmission.
1418	2.  An assessment may not be levied at a board meeting
1419	unless the notice of the meeting includes a statement that
1420	assessments will be considered and the nature of the
1421	assessments. Written notice of any meeting at which special
1422	assessments will be considered or at which amendments to rules
1423	regarding parcel use will be considered must be mailed,
1424	delivered, or electronically transmitted to the members and
1425	parcel owners and posted conspicuously on the property or
1426	broadcast on closed-circuit cable television not less than 14
1427	days before the meeting, except in cases of sudden, unforeseen
1428	happenings that require action to protect lives or property of
1429	the association's members.
1430	3.  Directors may not vote by proxy or by secret ballot at
1431	board meetings, except that secret ballots may be used in the
1432	election of officers. This subsection also applies to the
1433	meetings of any committee or other similar body, when a final
1434	decision will be made regarding the expenditure of association
1435	funds, and to any body vested with the power to approve or
1436	disapprove architectural decisions with respect to a specific
1437	parcel of residential property owned by a member of the
1438	community.
1439	(5)  INSPECTION AND COPYING OF RECORDS.--The official
1440	records shall be maintained within the state and must be open to
1441	inspection and available for photocopying by members or their
1442	authorized agents at reasonable times and places within 10
1443	business days after receipt of a written request for access.
1444	This subsection may be complied with by having a copy of the
1445	official records available for inspection or copying in the
1446	community. If the association has a photocopy machine available
1447	where the records are maintained, it must provide parcel owners
1448	with copies on request during the inspection if the entire
1449	request is limited to no more than 25 pages.
1450	(a)  The failure of an association to provide access to the
1451	records within 10 business days after receipt of a written
1452	request submitted by certified mail, return receipt requested,
1453	creates a rebuttable presumption that the association willfully
1454	failed to comply with this subsection.
1455	(c)  The association may adopt reasonable written rules
1456	governing the frequency, time, location, notice, records to be
1457	inspected, and manner of inspections, but may not impose a
1458	requirement that a parcel owner demonstrate any proper purpose
1459	for the inspection, state any reason for the inspection, or
1460	limit a parcel owner's right to inspect records to less than one
1461	8-hour business day per month. The association may impose fees
1462	to cover the costs of providing copies of the official records,
1463	including, without limitation, the costs of copying. The
1464	association may charge up to 50 cents per page for copies made
1465	on the association's photocopier. If the association does not
1466	have a photocopy machine available where the records are kept,
1467	or if the records requested to be copied exceed 25 pages in
1468	length, the association may have copies made by an outside
1469	vendor or association management company personnel and may
1470	charge the actual cost of copying, including any reasonable
1471	costs involving personnel fees and charges at an hourly rate for
1472	employee time to cover administrative costs to the association.
1473	The association shall maintain an adequate number of copies of
1474	the recorded governing documents, to ensure their availability
1475	to members and prospective members. Notwithstanding the
1476	provisions of this paragraph, the following records shall not be
1477	accessible to members or parcel owners:
1478	1.  Any record protected by the lawyer-client privilege as
1479	described in s. 90.502 and any record protected by the work-
1480	product privilege, including, but not limited to, any record
1481	prepared by an association attorney or prepared at the
1482	attorney's express direction which reflects a mental impression,
1483	conclusion, litigation strategy, or legal theory of the attorney
1484	or the association and was prepared exclusively for civil or
1485	criminal litigation or for adversarial administrative
1486	proceedings or which was prepared in anticipation of imminent
1487	civil or criminal litigation or imminent adversarial
1488	administrative proceedings until the conclusion of the
1489	litigation or adversarial administrative proceedings.
1490	2.  Information obtained by an association in connection
1491	with the approval of the lease, sale, or other transfer of a
1492	parcel.
1493	3.  Disciplinary, health, insurance, and personnel records
1494	of the association's employees.
1495	4.  Medical records of parcel owners or community
1496	residents.
1497	(6)  BUDGETS.--
1498	(b)  In addition to annual operating expenses, the budget
1499	may include reserve accounts for capital expenditures and
1500	deferred maintenance for which the association is responsible.
1501	To the extent that such reserve accounts are not created or
1502	established pursuant to paragraph (d), funding of such reserves
1503	shall be limited to the extent that the governing documents do
1504	not limit increases in assessments, including reserves. If the
1505	budget of the association includes reserve accounts created or
1506	established pursuant to paragraph (d), such reserves shall be
1507	determined, maintained, and waived in the manner provided in
1508	this subsection. Once an association provides for reserve
1509	accounts created or established pursuant to paragraph (d) in the
1510	budget, the association shall thereafter determine, maintain,
1511	and waive reserves in compliance with this subsection. Nothing
1512	in this section precludes termination of a reserve account
1513	established pursuant to this paragraph upon approval of a
1514	majority of the voting interests of the association. Upon such
1515	approval, the terminating reserve account shall be removed from
1516	the budget.
1517	(c)1.  If the budget of the association does not provide
1518	for reserve accounts created or established pursuant to
1519	paragraph (d) governed by this subsection and the association is
1520	responsible for the repair and maintenance of capital
1521	improvements that may result in a special assessment if reserves
1522	are not provided, each financial report for the preceding fiscal
1523	year required by subsection (7) shall contain the following
1524	statement in conspicuous type: THE BUDGET OF THE ASSOCIATION
1525	DOES NOT PROVIDE FOR RESERVE ACCOUNTS FOR CAPITAL EXPENDITURES
1526	AND DEFERRED MAINTENANCE THAT MAY RESULT IN SPECIAL ASSESSMENTS.
1527	OWNERS MAY ELECT TO PROVIDE FOR RESERVE ACCOUNTS PURSUANT TO THE
1528	PROVISIONS OF SECTION 720.303(6), FLORIDA STATUTES, UPON THE
1529	APPROVAL OF NOT LESS THAN A MAJORITY OF THE TOTAL VOTING
1530	INTERESTS OF THE ASSOCIATION ATTAINED BY VOTE OF THE MEMBERS AT
1531	A MEETING OR BY WRITTEN CONSENT EXECUTED BY A MAJORITY OF THE
1532	VOTING INTERESTS.
1533	2.  If the budget of the association does provide for
1534	funding of accounts for deferred expenditures, including, but
1535	not limited to, funds for capital expenditures and deferred
1536	maintenance, but such accounts are not created or established
1537	pursuant to paragraph (d), each financial report for the
1538	preceding fiscal year required by subsection (7) shall also
1539	contain the following statement in conspicuous type: THE BUDGET
1540	OF THE ASSOCIATION DOES PROVIDE FOR LIMITED VOLUNTARY DEFERRED
1541	EXPENDITURE ACCOUNTS, INCLUDING CAPITAL EXPENDITURES AND
1542	DEFERRED MAINTENANCE, SUBJECT TO LIMITS ON FUNDING CONTAINED IN
1543	OUR GOVERNING DOCUMENTS. BECAUSE THE OWNERS HAVE NOT ELECTED TO
1544	PROVIDE FOR RESERVE ACCOUNTS PURSUANT TO THE PROVISIONS OF
1545	SECTION 720.303(6), FLORIDA STATUTES, THESE FUNDS ARE NOT
1546	SUBJECT TO THE RESTRICTIONS ON USE OF SUCH FUNDS SET FORTH IN
1547	THAT STATUTE, NOR ARE RESERVES CALCULATED IN ACCORDANCE WITH
1548	THAT STATUTE.
1549	(d)  An association shall be deemed to have provided for
1550	reserve accounts when reserve accounts have been initially
1551	established by the developer or when the membership of the
1552	association affirmatively elects to provide for reserves. If
1553	reserve accounts are not initially provided for by the
1554	developer, the membership of the association may elect to do so
1555	upon the affirmative approval of not less than a majority of the
1556	total voting interests of the association. Such approval may be
1557	attained by vote of the members at a duly called meeting of the
1558	membership or upon a written consent executed by not less than a
1559	majority of the total voting interests in the community. The
1560	approval action of the membership shall state that reserve
1561	accounts shall be provided for in the budget and shall designate
1562	the components for which the reserve accounts are to be
1563	established. Upon approval by the membership, the board of
1564	directors shall provide for the required reserve accounts for
1565	inclusion in the budget in the next fiscal year following the
1566	approval and in each year thereafter. Once established as
1567	provided in this subsection, the reserve accounts shall be
1568	funded or maintained or shall have their funding waived in the
1569	manner provided in paragraph (f).
1570	(f)  After one or more Once a reserve account or reserve
1571	accounts are established, the membership of the association,
1572	upon a majority vote at a meeting at which a quorum is present,
1573	may provide for no reserves or less reserves than required by
1574	this section. If a meeting of the unit owners has been called to
1575	determine whether to waive or reduce the funding of reserves and
1576	no such result is achieved or a quorum is not present, the
1577	reserves as included in the budget shall go into effect. After
1578	the turnover, the developer may vote its voting interest to
1579	waive or reduce the funding of reserves. Any vote taken pursuant
1580	to this subsection to waive or reduce reserves shall be
1581	applicable only to one budget year.
1582	(g)  Funding formulas for reserves authorized by this
1583	section shall be based on either a separate analysis of each of
1584	the required assets or a pooled analysis of two or more of the
1585	required assets.
1586	1.  If the association maintains separate reserve accounts
1587	for each of the required assets, the amount of the contribution
1588	to each reserve account shall be the sum of the following two
1589	calculations:
1590	a.  The total amount necessary, if any, to bring a negative
1591	component balance to zero.
1592	b.  The total estimated deferred maintenance expense or
1593	estimated replacement cost of the reserve component less the
1594	estimated balance of the reserve component as of the beginning
1595	of the period for which the budget will be in effect. The
1596	remainder, if greater than zero, shall be divided by the
1597	estimated remaining useful life of the component.
1598
1599	The formula may be adjusted each year for changes in estimates
1600	and deferred maintenance performed during the year and may
1601	include factors such as inflation and earnings on invested
1602	funds.
1603	2.  If the association maintains a pooled account of two or
1604	more of the required reserve assets, the amount of the
1605	contribution to the pooled reserve account as disclosed on the
1606	proposed budget shall not be less than that required to ensure
1607	that the balance on hand at the beginning of the period for
1608	which the budget will go into effect plus the projected annual
1609	cash inflows over the remaining estimated useful life of all of
1610	the assets that make up the reserve pool are equal to or greater
1611	than the projected annual cash outflows over the remaining
1612	estimated useful lives of all of the assets that make up the
1613	reserve pool, based on the current reserve analysis. The
1614	projected annual cash inflows may include estimated earnings
1615	from investment of principal and accounts receivable minus the
1616	allowance for doubtful accounts. The reserve funding formula
1617	shall not include any type of balloon payments.
1618	(7)  FINANCIAL REPORTING.--Within 90 days after the end of
1619	the fiscal year, or annually on the date provided in the bylaws,
1620	the association shall prepare and complete, or contract with a
1621	third party for the preparation and completion of, a financial
1622	report for the preceding fiscal year. Within 21 days after the
1623	final financial report is completed by the association or
1624	received from the third party, but not later than 120 days after
1625	the end of the fiscal year or other date as provided in the
1626	bylaws, the association shall, within the time limits set forth
1627	in subsection (5), provide each member with a copy of the annual
1628	financial report or a written notice that a copy of the
1629	financial report is available upon request at no charge to the
1630	member. Financial reports shall be prepared as follows:
1631	(a)  An association that meets the criteria of this
1632	paragraph shall prepare or cause to be prepared a complete set
1633	of financial statements in accordance with generally accepted
1634	accounting principles as adopted by the Board of Accountancy.
1635	The financial statements shall be based upon the association's
1636	total annual revenues, as follows:
1637	1.  An association with total annual revenues of $150,000
1638	$100,000 or more, but less than $300,000 $200,000, shall prepare
1639	compiled financial statements.
1640	2.  An association with total annual revenues of at least
1641	$300,000 $200,000, but less than $600,000 $400,000, shall
1642	prepare reviewed financial statements.
1643	3.  An association with total annual revenues of $600,000
1644	$400,000 or more shall prepare audited financial statements.
1645	(b)1.  An association with total annual revenues of less
1646	than $150,000 $100,000 shall prepare a report of cash receipts
1647	and expenditures.
1648	2.  An association in a community of fewer than 50 parcels,
1649	regardless of the association's annual revenues, may prepare a
1650	report of cash receipts and expenditures in lieu of financial
1651	statements required by paragraph (a) unless the governing
1652	documents provide otherwise.
1653	3.  A report of cash receipts and disbursement must
1654	disclose the amount of receipts by accounts and receipt
1655	classifications and the amount of expenses by accounts and
1656	expense classifications, including, but not limited to, the
1657	following, as applicable: costs for security, professional, and
1658	management fees and expenses; taxes; costs for recreation
1659	facilities; expenses for refuse collection and utility services;
1660	expenses for lawn care; costs for building maintenance and
1661	repair; insurance costs; administration and salary expenses; and
1662	reserves if maintained by the association.
1663	(c)  If 20 percent of the parcel owners petition the board
1664	for a level of financial reporting higher than that required by
1665	this section, the association shall duly notice and hold a
1666	meeting of members within 30 days of receipt of the petition for
1667	the purpose of voting on raising the level of reporting for that
1668	fiscal year. Upon approval of a majority of the total voting
1669	interests of the parcel owners, the association shall prepare or
1670	cause to be prepared, shall amend the budget or adopt a special
1671	assessment to pay for the financial report regardless of any
1672	provision to the contrary in the governing documents, and shall
1673	provide within 120 90 days of the meeting or the end of the
1674	fiscal year, whichever occurs later:
1675	1.  Compiled, reviewed, or audited financial statements, if
1676	the association is otherwise required to prepare a report of
1677	cash receipts and expenditures;
1678	2.  Reviewed or audited financial statements, if the
1679	association is otherwise required to prepare compiled financial
1680	statements; or
1681	3.  Audited financial statements if the association is
1682	otherwise required to prepare reviewed financial statements.
1683	(12)  COMPENSATION PROHIBITED.--A director, officer, or
1684	committee member of the association may not receive directly or
1685	indirectly any salary or compensation from the association for
1686	performance of duties as a director, officer, or committee
1687	member and such person may not in any other way benefit
1688	financially from service to the association. This subsection
1689	shall not be construed to preclude:
1690	(a)  Participation by such person in a financial benefit
1691	accruing to all or a significant number of members as a result
1692	of actions lawfully taken by the board or a committee of which
1693	he or she is a member, including, but not limited to, routine
1694	maintenance, repair, or replacement of community assets;
1695	(b)  Reimbursement for out-of-pocket expenses incurred by
1696	such person on behalf of the association, subject to approval of
1697	such reimbursement in accordance with procedures established by
1698	the association's governing documents or, in the absence of such
1699	procedures, in accordance with an approval process established
1700	by the board; or
1701	(c)  Any recovery of insurance proceeds derived from a
1702	policy of insurance maintained by the association for the
1703	benefit of its members.
1704	Section 15.  Subsections (1), (2), and (3) of section
1705	720.305, Florida Statutes, are amended to read:
1706	720.305  Obligations of members; remedies at law or in
1707	equity; levy of fines and suspension of use rights; failure to
1708	fill sufficient number of vacancies on board of directors to
1709	constitute a quorum; appointment of receiver upon petition of
1710	any member.--
1711	(1)  Each member and the member's tenants, guests, and
1712	invitees, and each association, are governed by, and must comply
1713	with, this chapter, the governing documents of the community,
1714	and the rules of the association. Actions at law or in equity,
1715	or both, to redress alleged failure or refusal to comply with
1716	these provisions may be brought by the association or by any
1717	member against:
1718	(a)  The association;
1719	(b)  A member;
1720	(c)  Any director or officer of an association who
1721	willfully and knowingly fails to comply with these provisions;
1722	and
1723	(d)  Any tenants, guests, or invitees occupying a parcel or
1724	using the common areas.
1725
1726	The prevailing party in any such litigation is entitled to
1727	recover reasonable attorney's fees and costs. A member
1728	prevailing in an action between the association and the member
1729	under this section, in addition to recovering his or her
1730	reasonable attorney's fees, may recover additional amounts as
1731	determined by the court to be necessary to reimburse the member
1732	for his or her share of assessments levied by the association to
1733	fund its expenses of the litigation. The prevailing party in any
1734	such litigation is entitled to recover reasonable attorney's
1735	fees and costs, including reasonable postjudgment attorney's
1736	fees and costs, provided the court retains jurisdiction to
1737	enforce the judgment. This relief does not exclude other
1738	remedies provided by law. This section does not deprive any
1739	person of any other available right or remedy.
1740	(2)  If the governing documents so provide, an association
1741	may suspend, for a reasonable period of time, the rights of a
1742	member or a member's tenants, guests, or invitees, or both, to
1743	use common areas and facilities and may levy reasonable fines,
1744	not to exceed $100 per violation, against any member or any
1745	tenant, guest, or invitee. A fine may be levied on the basis of
1746	each day of a continuing violation, with a single notice and
1747	opportunity for hearing, except that no such fine shall exceed
1748	$1,000 in the aggregate unless otherwise provided in the
1749	governing documents. A fine of less than $1,000 shall not become
1750	a lien against a parcel. In any action to recover a fine, the
1751	prevailing party is entitled to collect its reasonable
1752	attorney's fees and costs from the nonprevailing party as
1753	determined by the court.
1754	(a)  A fine or suspension may not be imposed without notice
1755	of at least 14 days to the person sought to be fined or
1756	suspended and an opportunity for a hearing before a committee of
1757	at least three members appointed by the board who are not
1758	officers, directors, or employees of the association, or the
1759	spouse, parent, child, brother, or sister of an officer,
1760	director, or employee. If the committee, by majority vote, does
1761	not approve a proposed fine or suspension, it may not be
1762	imposed.
1763	(b)  The requirements of this subsection do not apply to
1764	the imposition of suspensions or fines upon any member because
1765	of the failure of the member to pay assessments or other charges
1766	when due if such action is authorized by the governing
1767	documents.
1768	(c)  Suspension of common-area-use rights shall not impair
1769	the right of an owner or tenant of a parcel to have vehicular
1770	and pedestrian ingress to and egress from the parcel, including,
1771	but not limited to, the right to park.
1772	(3)  Unless If the governing documents so provide
1773	otherwise, an association may suspend the voting rights of a
1774	member for the nonpayment of regular annual assessments that are
1775	delinquent in excess of 90 days.
1776	Section 16.  Subsections (3), (5), (8), and (9) of section
1777	720.306, Florida Statutes, are amended to read:
1778	720.306  Meetings of members; voting and election
1779	procedures; amendments.--
1780	(3)  SPECIAL MEETINGS.--Special meetings must be held when
1781	called by the board of directors or, unless a different
1782	percentage is stated in the governing documents, by at least 10
1783	percent of the total voting interests of the association or when
1784	sudden, unforeseen happenings occur that require action to
1785	protect lives or property of the association's members. Business
1786	conducted at a special meeting is limited to the purposes
1787	described in the notice of the meeting.
1788	(5)  NOTICE OF MEETINGS.--The bylaws shall provide for
1789	giving notice to members of all member meetings, and if they do
1790	not do so shall be deemed to provide the following: The
1791	association shall give all parcel owners and members actual
1792	notice of all membership meetings, which shall be mailed,
1793	delivered, or electronically transmitted to the members not less
1794	than 14 days prior to the meeting. Evidence of compliance with
1795	this 14-day notice shall be made by an affidavit executed by the
1796	person providing the notice and filed upon execution among the
1797	official records of the association. Notice of a special meeting
1798	shall be made at least 48 hours in advance or less than that in
1799	case of any sudden, unforeseen happening that requires action to
1800	protect lives or property of the association's members. In
1801	addition to mailing, delivering, or electronically transmitting
1802	the notice of any meeting, the association may, by reasonable
1803	rule, adopt a procedure for conspicuously posting and repeatedly
1804	broadcasting the notice and the agenda on a closed-circuit cable
1805	television system serving the association. When broadcast notice
1806	is provided, the notice and agenda must be broadcast in a manner
1807	and for a sufficient continuous length of time so as to allow an
1808	average reader to observe the notice and read and comprehend the
1809	entire content of the notice and the agenda.
1810	(8)  PROXY VOTING.--The members have the right, unless
1811	otherwise provided in this subsection or in the governing
1812	documents, to vote in person or by proxy.
1813	(a)  To be valid, a proxy must be dated, must state the
1814	date, time, and place of the meeting for which it was given, and
1815	must be signed by the authorized person who executed the proxy.
1816	A proxy is effective only for the specific meeting for which it
1817	was originally given, as the meeting may lawfully be adjourned
1818	and reconvened from time to time, and automatically expires 90
1819	days after the date of the meeting for which it was originally
1820	given. A proxy is revocable at any time at the pleasure of the
1821	person who executes it. If the proxy form expressly so provides,
1822	any proxy holder may appoint, in writing, a substitute to act in
1823	his or her place.
1824	(b)  If the governing documents require a secret ballot,
1825	the absentee ballot must be enclosed in a blank envelope that
1826	shall be placed inside another envelope bearing the required
1827	information and signature. After the owner's eligibility to vote
1828	has been verified and before the ballots are counted, the blank
1829	envelope shall be removed from the envelope bearing the
1830	information and signature and added to the ballots of the
1831	members voting in person or by proxy. Absentee ballots must be
1832	mailed or hand delivered to the place specified in the notice of
1833	the meeting at which the election will be held, not later than
1834	the date specified in such notice.
1835	(9)  ELECTIONS; BOARD MEMBER CERTIFICATION.--
1836	(a)  Elections of directors must be conducted in accordance
1837	with the procedures set forth in the governing documents of the
1838	association. All members of the association shall be eligible to
1839	serve on the board of directors, and a member may nominate
1840	himself or herself as a candidate for the board at a meeting
1841	where the election is to be held or, in the case of an election
1842	process that allows voting by absentee ballot, in advance of the
1843	balloting. Except as otherwise provided in the governing
1844	documents, boards of directors must be elected by a plurality of
1845	the votes cast by eligible voters. Any election dispute between
1846	a member and an association must be submitted to mandatory
1847	binding arbitration with the division. Such proceedings shall be
1848	conducted in the manner provided by s. 718.1255 and the
1849	procedural rules adopted by the division.
1850	(b)  Within 30 days after being elected to the board of
1851	directors, a new director shall certify in writing to the
1852	secretary of the association that he or she has read the
1853	association's declarations of covenants and restrictions,
1854	articles of incorporation, bylaws, and current written policies
1855	and that he or she will work to uphold each to the best of his
1856	or her ability and will faithfully discharge his or her
1857	fiduciary responsibility to the association's members. Failure
1858	to timely file such statement shall automatically disqualify the
1859	director from service on the association's board of directors.
1860	The secretary shall cause the association to retain a director's
1861	certification for inspection by the membership of the
1862	association for a period of 5 years after a director's election.
1863	Failure to have such certification on file shall not affect the
1864	validity of any appropriate action.
1865	(c)  Any director who has unexcused absences from three
1866	consecutive board meetings shall be deemed to have submitted his
1867	or her resignation from the board.
1868	Section 17.  Subsection (5) is added to section 720.307,
1869	Florida Statutes, to read:
1870	720.307  Transition of association control in a
1871	community.--With respect to homeowners' associations:
1872	(5)  Except where precluded by the association's governing
1873	documents, the board of directors of the association may levy
1874	assessments on an unimproved parcel in the same amounts as
1875	assessments on improved parcels if that parcel is not improved
1876	within 5 years after the date the parcel was sold by the
1877	developer.
1878	Section 18.  Paragraph (d) is added to subsection (1) of
1879	section 720.3075, Florida Statutes, to read:
1880	720.3075  Prohibited clauses in association documents.--
1881	(1)  It is declared that the public policy of this state
1882	prohibits the inclusion or enforcement of certain types of
1883	clauses in homeowners' association documents, including
1884	declaration of covenants, articles of incorporation, bylaws, or
1885	any other document of the association which binds members of the
1886	association, which either have the effect of or provide that:
1887	(d)  The builder or developers are not liable for defects
1888	in the construction of common areas or parcels and improvements
1889	on common areas, or that the developer or builders do not
1890	warranty that the common areas and parcels, and any improvements
1891	constructed on common areas, are free from defects for any
1892	period less than 10 years after completion of such areas,
1893	parcels, or improvements.
1894
1895	Such clauses are declared null and void as against the public
1896	policy of this state.
1897	Section 19.  Paragraph (a) of subsection (4) of section
1898	720.308, Florida Statutes, is amended to read:
1899	720.308  Assessments and charges.--
1900	(4)  CASH FUNDING REQUIREMENTS DURING GUARANTEE.--The cash
1901	payments required from the guarantor during the guarantee period
1902	shall be determined as follows:
1903	(a)  If at any time during the guarantee period the funds
1904	collected from member assessments at the guaranteed level and
1905	other revenues collected by the association are not sufficient
1906	to provide payment, on a timely basis, of all accounts payable
1907	of the association assessments, including the full funding of
1908	the reserves unless properly waived, the guarantor shall advance
1909	sufficient cash to the association at the time such payments are
1910	due.
1911	Section 20.  Paragraph (b) of subsection (4) and paragraph
1912	(c) of subsection (6) of section 720.3085, Florida Statutes, are
1913	amended to read:
1914	720.3085  Payment for assessments; lien claims.--
1915	(4)  A homeowners' association may not file a claim of lien
1916	against a parcel for unpaid assessments unless a written notice
1917	or demand for past due assessments as well as any other amounts
1918	owed to the association pursuant to its governing documents has
1919	been made by the association. The written notice or demand must:
1920	(b)  Be sent by registered or certified mail, return
1921	receipt requested, and by first-class United States mail to the
1922	parcel owner at his or her last address as reflected in the
1923	records of the association, if the address is within the United
1924	States, and by first-class United States mail to the parcel
1925	owner subject to the demand at the address of the parcel if the
1926	owner's address as reflected in the records of the association
1927	is not the parcel address. If the address reflected in the
1928	records is outside the United States, then sending the notice to
1929	that address and to the parcel address by first-class United
1930	States mail is sufficient.
1931	(6)  If after service of a summons on a complaint to
1932	foreclose a lien the parcel is not the subject of a mortgage
1933	foreclosure or a notice of tax certificate sale, or the parcel
1934	owner is not a debtor in bankruptcy proceedings, the parcel
1935	owner may serve and file with the court a qualifying offer at
1936	any time before the entry of a foreclosure judgment. For
1937	purposes of this subsection, the term "qualifying offer" means a
1938	written offer to pay all amounts secured by the lien of the
1939	association plus interest accruing during the pendency of the
1940	offer at the rate of interest provided in this section. The
1941	parcel owner may make only one qualifying offer during the
1942	pendency of a foreclosure action.
1943	(c)  The qualifying offer of the parcel owner must be in
1944	writing;, be signed by the owner of the parcel and the spouse of
1945	the owner if the spouse holds a homestead interest in the
1946	parcel;, be acknowledged by a notary public;, state the total
1947	amount due the association, including attorney's fees and costs
1948	incurred by the association in the foreclosure action that are
1949	required to be paid by the parcel owner; state that the total
1950	amount due the association is secured by the lien of the
1951	association;, state that the association is entitled to
1952	foreclose the lien and obtain a foreclosure judgment for the
1953	total amount due if the parcel owner breaches the qualifying
1954	offer;, state that the parcel owner will not endanger the
1955	priority of the lien of the association or the amounts secured
1956	by the lien;, and state the actual date or dates the association
1957	will receive the total amount due from the parcel owner. If the
1958	parcel owner makes a qualifying offer under this subsection, the
1959	association may not add the cost of any legal fees incurred by
1960	the association within the period of the stay other than costs
1961	acquired in defense of a mortgage foreclosure action concerning
1962	the parcel, a bankruptcy proceeding in which the parcel owner is
1963	a debtor, or in response to filings by a party other than the
1964	association in the lien foreclosure action of the association.
1965	Section 21.  Paragraph (a) of subsection (1) of section
1966	720.401, Florida Statutes, is amended to read:
1967	720.401  Prospective purchasers subject to association
1968	membership requirement; disclosure required; covenants;
1969	assessments; contract cancellation.--
1970	(1)(a)  A prospective parcel owner in a community must be
1971	presented a disclosure summary before executing the contract for
1972	sale. The disclosure summary must be in a form substantially
1973	similar to the following form:
1974
1975	DISCLOSURE SUMMARY
1976	FOR
1977	(NAME OF COMMUNITY)
1978
1979	1.  AS A PURCHASER OF PROPERTY IN THIS COMMUNITY, YOU WILL
1980	BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS' ASSOCIATION.
1981	2.  THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE
1982	COVENANTS GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS
1983	COMMUNITY.
1984	3.  YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE
1985	ASSOCIATION. ASSESSMENTS MAY BE SUBJECT TO PERIODIC CHANGE. IF
1986	APPLICABLE, THE CURRENT AMOUNT IS $_____ PER _____. YOU WILL
1987	ALSO BE OBLIGATED TO PAY ANY SPECIAL ASSESSMENTS IMPOSED BY THE
1988	ASSOCIATION. SUCH SPECIAL ASSESSMENTS MAY BE SUBJECT TO CHANGE.
1989	IF APPLICABLE, THE CURRENT AMOUNT IS $_____ PER _____.
1990	4.  YOU MAY BE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE
1991	RESPECTIVE MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT. ALL
1992	ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE.
1993	5.  YOUR FAILURE TO PAY SPECIAL ASSESSMENTS OR ASSESSMENTS
1994	LEVIED BY A MANDATORY HOMEOWNERS' ASSOCIATION COULD RESULT IN A
1995	LIEN ON YOUR PROPERTY.
1996	6.  THERE MAY BE AN OBLIGATION TO PAY RENT OR LAND USE FEES
1997	FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES AS AN
1998	OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS' ASSOCIATION. IF
1999	APPLICABLE, THE CURRENT AMOUNT IS $_____ PER _____.
2000	7.  IF THE ASSOCIATION IS STILL UNDER THE CONTROL OF THE
2001	DEVELOPER, THE DEVELOPER MAY HAVE THE RIGHT TO AMEND THE
2002	RESTRICTIVE COVENANTS WITHOUT THE APPROVAL OF THE ASSOCIATION
2003	MEMBERSHIP OR THE APPROVAL OF THE PARCEL OWNERS.
2004	8.  THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE
2005	ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU
2006	SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING
2007	DOCUMENTS BEFORE PURCHASING PROPERTY.
2008	9.  THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC RECORD AND
2009	CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE
2010	PROPERTY IS LOCATED, OR ARE NOT RECORDED AND CAN BE OBTAINED
2011	FROM THE DEVELOPER.
2012	10.  THERE MAY BE AN OBLIGATION TO PAY ASSESSMENTS (TAXES
2013	AND/OR FEES) TO A RESIDENTIAL COMMUNITY DEVELOPMENT DISTRICT FOR
2014	THE PURPOSE OF RETIRING BOND OBLIGATIONS USED TO CONSTRUCT
2015	INFRASTRUCTURE AND/OR OTHER IMPROVEMENTS.
2016	11.  YOU ARE JOINTLY AND SEVERALLY LIABLE WITH THE PREVIOUS
2017	OWNER OF YOUR PROPERTY FOR ALL UNPAID ASSESSMENTS THAT CAME DUE
2018	UP TO THE TIME OF TRANSFER OF TITLE.
2019
2020	DATE:     PURCHASER:
2021	PURCHASER:
2022	The disclosure must be supplied by the developer, or by the
2023	parcel owner if the sale is by an owner that is not the
2024	developer. Any contract or agreement for sale shall refer to and
2025	incorporate the disclosure summary and shall include, in
2026	prominent language, a statement that the potential buyer should
2027	not execute the contract or agreement until they have received
2028	and read the disclosure summary required by this section.
2029	Section 22.  This act shall take effect July 1, 2008.

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