Amendment
Bill No. CS/CS/CS/HB 27

Amendment No. 514377

CHAMBER ACTION
Senate		House
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1	Representative Ambler offered the following:
2
3	Substitute Amendment for Amendment (822565) (with title
4	amendment)
5	Remove lines 76-278 and insert:
6	(d)  Unit owner meetings.--
7	1.  There shall be an annual meeting of the unit owners
8	held at the location provided in the association bylaws and, if
9	the bylaws are silent as to the location, the meeting shall be
10	held within 45 miles of the condominium property. However, such
11	distance requirement does not apply to an association governing
12	a timeshare condominium. Unless the bylaws provide otherwise, a
13	vacancy on the board caused by the expiration of a director's
14	term shall be filled by electing a new board member, and the
15	election shall be by secret ballot; however, if the number of
16	vacancies equals or exceeds the number of candidates, no
17	election is required. The terms of all members of the board
18	shall expire at the annual meeting and such board members may
19	stand for reelection unless otherwise permitted by the bylaws.
20	In the event that the bylaws permit staggered terms of no more
21	than 2 years and upon approval of a majority of the total voting
22	interests, the association board members may serve 2-year
23	staggered terms. If the number no person is interested in or
24	demonstrates an intention to run for the position of a board
25	members member whose terms have term has expired according to
26	the provisions of this subparagraph exceeds the number of
27	eligible members showing interest in or demonstrating an
28	intention to run for the vacant positions, each such board
29	member whose term has expired shall become eligible for
30	reappointment be automatically reappointed to the board of
31	administration and need not stand for reelection. In a
32	condominium association of more than 10 units, coowners of a
33	unit may not serve as members of the board of directors at the
34	same time unless they own more than one unit and are not co-
35	occupants of a unit or unless there are not enough owners to
36	fill the vacancies on the board. Any unit owner desiring to be a
37	candidate for board membership shall comply with sub-
38	subparagraph subparagraph 3.a. A person who has been suspended
39	or removed by the division under this chapter, or who is
40	delinquent in the payment of any fee, fine, or special or
41	regular assessment as provided in paragraph (n), is not eligible
42	for board membership. A person who has been convicted of any
43	felony in this state or in a United States District or
44	Territorial Court, or who has been convicted of any offense in
45	another jurisdiction that would be considered a felony if
46	committed in this state, is not eligible for board membership
47	unless such felon's civil rights have been restored for a period
48	of no less than 5 years as of the date on which such person
49	seeks election to the board. The validity of an action by the
50	board is not affected if it is later determined that a member of
51	the board is ineligible for board membership due to having been
52	convicted of a felony.
53	2.  The bylaws shall provide the method of calling meetings
54	of unit owners, including annual meetings. Written notice, which
55	notice must include an agenda, shall be mailed, hand delivered,
56	or electronically transmitted to each unit owner at least 14
57	days prior to the annual meeting and shall be posted in a
58	conspicuous place on the condominium property at least 14
59	continuous days preceding the annual meeting. Upon notice to the
60	unit owners, the board shall by duly adopted rule designate a
61	specific location on the condominium property or association
62	property upon which all notices of unit owner meetings shall be
63	posted; however, if there is no condominium property or
64	association property upon which notices can be posted, this
65	requirement does not apply. In lieu of or in addition to the
66	physical posting of notice of any meeting of the unit owners on
67	the condominium property, the association may, by reasonable
68	rule, adopt a procedure for conspicuously posting and repeatedly
69	broadcasting the notice and the agenda on a closed-circuit cable
70	television system serving the condominium association. However,
71	if broadcast notice is used in lieu of a notice posted
72	physically on the condominium property, the notice and agenda
73	must be broadcast at least four times every broadcast hour of
74	each day that a posted notice is otherwise required under this
75	section. When broadcast notice is provided, the notice and
76	agenda must be broadcast in a manner and for a sufficient
77	continuous length of time so as to allow an average reader to
78	observe the notice and read and comprehend the entire content of
79	the notice and the agenda. Unless a unit owner waives in writing
80	the right to receive notice of the annual meeting, such notice
81	shall be hand delivered, mailed, or electronically transmitted
82	to each unit owner. Notice for meetings and notice for all other
83	purposes shall be mailed to each unit owner at the address last
84	furnished to the association by the unit owner, or hand
85	delivered to each unit owner. However, if a unit is owned by
86	more than one person, the association shall provide notice, for
87	meetings and all other purposes, to that one address which the
88	developer initially identifies for that purpose and thereafter
89	as one or more of the owners of the unit shall so advise the
90	association in writing, or if no address is given or the owners
91	of the unit do not agree, to the address provided on the deed of
92	record. An officer of the association, or the manager or other
93	person providing notice of the association meeting, shall
94	provide an affidavit or United States Postal Service certificate
95	of mailing, to be included in the official records of the
96	association affirming that the notice was mailed or hand
97	delivered, in accordance with this provision.
98	3.a.  The members of the board shall be elected by written
99	ballot or voting machine. Proxies shall in no event be used in
100	electing the board, either in general elections or elections to
101	fill vacancies caused by recall, resignation, or otherwise,
102	unless otherwise provided in this chapter. Not less than 60 days
103	before a scheduled election, the association shall mail,
104	deliver, or electronically transmit, whether by separate
105	association mailing or included in another association mailing,
106	delivery, or transmission, including regularly published
107	newsletters, to each unit owner entitled to a vote, a first
108	notice of the date of the election along with a certification
109	form provided by the division attesting that he or she has read
110	and understands, to the best of his or her ability, the
111	governing documents of the association and the provisions of
112	this chapter and any applicable rules. Any unit owner or other
113	eligible person desiring to be a candidate for the board must
114	give written notice of his or her intent to be a candidate to
115	the association not less than 40 days before a scheduled
116	election. Together with the written notice and agenda as set
117	forth in subparagraph 2., the association shall mail, deliver,
118	or electronically transmit a second notice of the election to
119	all unit owners entitled to vote therein, together with a ballot
120	which shall list all candidates. Upon request of a candidate,
121	the association shall include an information sheet, no larger
122	than 8 1/2 inches by 11 inches, which must be furnished by the
123	candidate not less than 35 days before the election, shall along
124	with the signed certification form provided for in this
125	subparagraph, to be included with the mailing, delivery, or
126	transmission of the ballot, with the costs of mailing, delivery,
127	or electronic transmission and copying to be borne by the
128	association. The association is not liable for the contents of
129	the information sheets prepared by the candidates. In order to
130	reduce costs, the association may print or duplicate the
131	information sheets on both sides of the paper. The division
132	shall by rule establish voting procedures consistent with the
133	provisions contained herein, including rules establishing
134	procedures for giving notice by electronic transmission and
135	rules providing for the secrecy of ballots. Elections shall be
136	decided by a plurality of those ballots cast. There shall be no
137	quorum requirement; however, at least 20 percent of the eligible
138	voters must cast a ballot in order to have a valid election of
139	members of the board. No unit owner shall permit any other
140	person to vote his or her ballot, and any such ballots
141	improperly cast shall be deemed invalid, provided any unit owner
142	who violates this provision may be fined by the association in
143	accordance with s. 718.303. A unit owner who needs assistance in
144	casting the ballot for the reasons stated in s. 101.051 may
145	obtain assistance in casting the ballot. The regular election
146	shall occur on the date of the annual meeting. The provisions of
147	this sub-subparagraph subparagraph shall not apply to timeshare
148	condominium associations. Notwithstanding the provisions of this
149	sub-subparagraph subparagraph, an election is not required
150	unless more candidates file notices of intent to run or are
151	nominated than board vacancies exist.
152	b.  Within 90 days after being elected to the board, each
153	newly elected director shall certify in writing to the secretary
154	of the association that he or she has read the association's
155	declarations of covenants and restrictions, articles of
156	incorporation, bylaws, and current written policies; that he or
157	she will work to uphold such documents and policies to the best
158	of his or her ability; and that he or she will faithfully
159	discharge his or her fiduciary responsibility to the
160	association's members. In lieu of this written certification,
161	the newly elected director may submit a certificate of
162	satisfactory completion of the educational curriculum
163	administered by a division-approved condominium education
164	provider. Failure to timely file the written certification or
165	educational certificate automatically disqualifies the director
166	from service on the board. The secretary shall cause the
167	association to retain a director's written certification or
168	educational certificate for inspection by the members for 5
169	years after a director's election. Failure to have such written
170	certification or educational certificate on file does not affect
171	the validity of any appropriate action.
172	4.  Any approval by unit owners called for by this chapter
173	or the applicable declaration or bylaws, including, but not
174	limited to, the approval requirement in s. 718.111(8), shall be
175	made at a duly noticed meeting of unit owners and shall be
176	subject to all requirements of this chapter or the applicable
177	condominium documents relating to unit owner decisionmaking,
178	except that unit owners may take action by written agreement,
179	without meetings, on matters for which action by written
180	agreement without meetings is expressly allowed by the
181	applicable bylaws or declaration or any statute that provides
182	for such action.
183	5.  Unit owners may waive notice of specific meetings if
184	allowed by the applicable bylaws or declaration or any statute.
185	If authorized by the bylaws, notice of meetings of the board of
186	administration, unit owner meetings, except unit owner meetings
187	called to recall board members under paragraph (j), and
188	committee meetings may be given by electronic transmission to
189	unit owners who consent to receive notice by electronic
190	transmission.
191	6.  Unit owners shall have the right to participate in
192	meetings of unit owners with reference to all designated agenda
193	items. However, the association may adopt reasonable rules
194	governing the frequency, duration, and manner of unit owner
195	participation.
196	7.  Any unit owner may tape record or videotape a meeting
197	of the unit owners subject to reasonable rules adopted by the
198	division.
199	8.  Unless otherwise provided in the bylaws, any vacancy
200	occurring on the board before the expiration of a term may be
201	filled by the affirmative vote of the majority of the remaining
202	directors, even if the remaining directors constitute less than
203	a quorum, or by the sole remaining director. In the alternative,
204	a board may hold an election to fill the vacancy, in which case
205	the election procedures must conform to the requirements of sub-
206	subparagraph subparagraph 3.a. unless the association governs 10
207	units or fewer less and has opted out of the statutory election
208	process, in which case the bylaws of the association control.
209	Unless otherwise provided in the bylaws, a board member
210	appointed or elected under this section shall fill the vacancy
211	for the unexpired term of the seat being filled. Filling
212	vacancies created by recall is governed by paragraph (j) and
213	rules adopted by the division.
214
215	Notwithstanding subparagraph subparagraphs (b)2. and sub-
216	subparagraph (d)3.a., an association of 10 or fewer units may,
217	by the affirmative vote of a majority of the total voting
218	interests, provide for different voting and election procedures
219	in its bylaws, which vote may be by a proxy specifically
220	delineating the different voting and election procedures. The
221	different voting and election procedures may provide for
222	elections to be conducted by limited or general proxy.
223
224	-----------------------------------------------------
225	T I T L E  A M E N D M E N T
226	Remove lines 3-14 and insert:
227	718.112, F.S.; revising requirements for the reappointment of
228	certain board members; revising board eligibility requirements;
229	revising notice requirements for board candidates; establishing
230	requirements for newly elected board members;

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