CS/HB 1195

1	A bill to be entitled
2	An act relating to condominium, cooperative, and
3	homeowners' associations; amending s. 633.0215, F.S.;
4	exempting certain residential buildings from a requirement
5	to install a manual fire alarm system; amending s.
6	718.111, F.S.; revising provisions relating to the
7	official records of condominium associations; providing
8	for disclosure of certain employment agreements with and
9	compensation paid to association employees; amending s.
10	718.112, F.S.; revising provisions relating to bylaws;
11	providing that board of administration meetings discussing
12	personnel matters are not open to unit owners; revising
13	requirements for electing the board of directors;
14	providing a definition; providing for continued office and
15	for filling vacancies under certain circumstances;
16	specifying unit owner eligibility for board membership;
17	requiring that certain educational curriculum be completed
18	within a specified time before or after the election or
19	appointment of a board director; providing application;
20	amending s. 718.113, F.S.; authorizing the board of a
21	condominium association to install impact glass or other
22	code-compliant windows under certain circumstances;
23	amending s. 718.114, F.S.; requiring the vote or written
24	consent of a majority of the total voting interests before
25	a condominium association may enter into certain
26	agreements to acquire leaseholds, memberships, or other
27	possessory or use interests; amending s. 718.116, F.S.;
28	revising provisions relating to condominium assessments;
29	requiring any rent payments received by an association
30	from a tenant to be applied to the unit owner's oldest
31	delinquent monetary obligation; conforming a cross-
32	reference; amending s. 718.117, F.S.; providing procedures
33	and requirements for termination of a condominium property
34	that has been totally destroyed or demolished; providing
35	procedures and requirements for partial termination of a
36	condominium property; requiring that a lien against a
37	condominium unit being terminated be transferred to the
38	proceeds of sale for certain portions of that property;
39	amending s. 718.303, F.S.; revising provisions relating to
40	imposing remedies against a delinquent unit owner or a
41	unit owner's tenant, guest, or invitee; providing for the
42	suspension of certain rights of use; revising provisions
43	relating to the suspension of a member's voting rights;
44	requiring that the suspension of certain rights of use and
45	voting rights be approved at a noticed board meeting;
46	amending s. 718.703, F.S.; redefining the term "bulk
47	assignee" and revising the definition of the term "bulk
48	buyer" for purposes of the Distressed Condominium Relief
49	Act; amending s. 718.704, F.S.; revising provisions
50	relating to the assignment and assumption of developer
51	rights by a bulk assignee; amending s. 718.705, F.S.;
52	revising provisions relating to the transfer of control of
53	a condominium board of administration to unit owners;
54	amending s. 718.706, F.S.; revising provisions relating to
55	the offering of units by a bulk assignee or bulk buyer;
56	amending s. 718.707, F.S.; revising the time limitation
57	for classification as a bulk assignee or bulk buyer;
58	amending s. 719.108, F.S.; requiring any rent payments
59	received by a cooperative association from a tenant to be
60	applied to the unit owner's oldest delinquent monetary
61	obligation; amending s. 719.303, F.S.; revising provisions
62	relating to imposing remedies against a delinquent unit
63	owner or a unit owner's tenant, guest, or invitee;
64	providing for the suspension of certain rights of use and
65	voting rights; requiring that the suspension of certain
66	rights of use and voting rights be approved at a noticed
67	board meeting; amending s. 720.301, F.S.; revising the
68	definition of the term "declaration of covenants";
69	amending s. 720.303, F.S.; revising provisions relating to
70	records that are not accessible to members of a
71	homeowners' association; providing for disclosure of
72	employment agreements with and compensation paid to
73	association employees; amending s. 720.305, F.S.; revising
74	provisions relating to imposing remedies against a
75	delinquent member of a homeowners' association or any
76	member's tenant, guest, or invitee; providing for the
77	suspension of certain rights of use; revising provisions
78	relating to the suspension of a member's voting rights;
79	requiring that the suspension of certain rights of use and
80	voting rights be approved at a noticed board meeting;
81	amending s. 720.306, F.S.; specifying additional
82	requirements for candidates to be a member of the board of
83	a homeowners' association; amending s. 720.3085, F.S.;
84	requiring any rent payments received by an association
85	from a tenant to be applied to the parcel owner's oldest
86	delinquent monetary obligation; amending s. 720.309, F.S.;
87	providing for the allocation of communications services by
88	a homeowners' association; providing for the cancellation
89	of communication contracts; providing that hearing-
90	impaired or legally blind parcel owners and parcel owners
91	receiving certain supplemental security income or food
92	assistance may discontinue the service without incurring
93	certain costs; providing that parcel residents may not be
94	denied access to available franchised, licensed, or
95	certificated cable or video service providers under
96	certain circumstances; providing an effective date.
97
98	Be It Enacted by the Legislature of the State of Florida:
99
100	Section 1.  Subsection (14) of section 633.0215, Florida
101	Statutes, is amended to read:
102	633.0215  Florida Fire Prevention Code.-
103	(14)  A condominium, cooperative, or multifamily
104	residential building that is less than four one or two stories
105	in height and has an exterior corridor providing a means of
106	egress is exempt from installing a manual fire alarm system as
107	required in s. 9.6 of the most recent edition of the Life Safety
108	Code adopted in the Florida Fire Prevention Code. This
109	subsection is intended to clarify existing law.
110	Section 2.  Paragraphs (a) and (c) of subsection (12) of
111	section 718.111, Florida Statutes, are amended to read:
112	718.111  The association.-
113	(12)  OFFICIAL RECORDS.-
114	(a)  From the inception of the association, the association
115	shall maintain each of the following items, if applicable, which
116	constitutes shall constitute the official records of the
117	association:
118	1.  A copy of the plans, permits, warranties, and other
119	items provided by the developer pursuant to s. 718.301(4).
120	2.  A photocopy of the recorded declaration of condominium
121	of each condominium operated by the association and of each
122	amendment to each declaration.
123	3.  A photocopy of the recorded bylaws of the association
124	and of each amendment to the bylaws.
125	4.  A certified copy of the articles of incorporation of
126	the association, or other documents creating the association,
127	and of each amendment thereto.
128	5.  A copy of the current rules of the association.
129	6.  A book or books that which contain the minutes of all
130	meetings of the association, of the board of administration, and
131	the of unit owners, which minutes must be retained for at least
132	7 years.
133	7.  A current roster of all unit owners and their mailing
134	addresses, unit identifications, voting certifications, and, if
135	known, telephone numbers. The association shall also maintain
136	the electronic mailing addresses and facsimile the numbers
137	designated by unit owners for receiving notice sent by
138	electronic transmission of those unit owners consenting to
139	receive notice by electronic transmission. The electronic
140	mailing addresses and facsimile telephone numbers are not
141	accessible to unit owners must be removed from association
142	records if consent to receive notice by electronic transmission
143	is not provided in accordance with subparagraph (c)5 revoked.
144	However, the association is not liable for an inadvertent
145	erroneous disclosure of the electronic mail address or facsimile
146	the number for receiving electronic transmission of notices.
147	8.  All current insurance policies of the association and
148	condominiums operated by the association.
149	9.  A current copy of any management agreement, lease, or
150	other contract to which the association is a party or under
151	which the association or the unit owners have an obligation or
152	responsibility.
153	10.  Bills of sale or transfer for all property owned by
154	the association.
155	11.  Accounting records for the association and separate
156	accounting records for each condominium that which the
157	association operates. All accounting records must shall be
158	maintained for at least 7 years. Any person who knowingly or
159	intentionally defaces or destroys such accounting records
160	required to be created and maintained by this chapter during the
161	period for which such records are required to be maintained, or
162	who knowingly or intentionally fails to create or maintain such
163	records, with the intent of causing harm to the association or
164	one or more of its members, is personally subject to a civil
165	penalty pursuant to s. 718.501(1)(d). The accounting records
166	must include, but are not limited to:
167	a.  Accurate, itemized, and detailed records of all
168	receipts and expenditures.
169	b.  A current account and a monthly, bimonthly, or
170	quarterly statement of the account for each unit designating the
171	name of the unit owner, the due date and amount of each
172	assessment, the amount paid on upon the account, and the balance
173	due.
174	c.  All audits, reviews, accounting statements, and
175	financial reports of the association or condominium.
176	d.  All contracts for work to be performed. Bids for work
177	to be performed are also considered official records and must be
178	maintained by the association.
179	12.  Ballots, sign-in sheets, voting proxies, and all other
180	papers relating to voting by unit owners, which must be
181	maintained for 1 year from the date of the election, vote, or
182	meeting to which the document relates, notwithstanding paragraph
183	(b).
184	13.  All rental records if the association is acting as
185	agent for the rental of condominium units.
186	14.  A copy of the current question and answer sheet as
187	described in s. 718.504.
188	15.  All other records of the association not specifically
189	included in the foregoing which are related to the operation of
190	the association.
191	16.  A copy of the inspection report as described provided
192	in s. 718.301(4)(p).
193	(c)  The official records of the association are open to
194	inspection by any association member or the authorized
195	representative of such member at all reasonable times. The right
196	to inspect the records includes the right to make or obtain
197	copies, at the reasonable expense, if any, of the member. The
198	association may adopt reasonable rules regarding the frequency,
199	time, location, notice, and manner of record inspections and
200	copying. The failure of an association to provide the records
201	within 10 working days after receipt of a written request
202	creates a rebuttable presumption that the association willfully
203	failed to comply with this paragraph. A unit owner who is denied
204	access to official records is entitled to the actual damages or
205	minimum damages for the association's willful failure to comply.
206	Minimum damages are shall be $50 per calendar day for up to 10
207	days, beginning the calculation to begin on the 11th working day
208	after receipt of the written request. The failure to permit
209	inspection of the association records as provided herein
210	entitles any person prevailing in an enforcement action to
211	recover reasonable attorney's fees from the person in control of
212	the records who, directly or indirectly, knowingly denied access
213	to the records. Any person who knowingly or intentionally
214	defaces or destroys accounting records that are required by this
215	chapter to be maintained during the period for which such
216	records are required to be maintained, or who knowingly or
217	intentionally fails to create or maintain accounting records
218	that are required to be created or maintained, with the intent
219	of causing harm to the association or one or more of its
220	members, is personally subject to a civil penalty pursuant to s.
221	718.501(1)(d). The association shall maintain an adequate number
222	of copies of the declaration, articles of incorporation, bylaws,
223	and rules, and all amendments to each of the foregoing, as well
224	as the question and answer sheet as described provided for in s.
225	718.504 and year-end financial information required under in
226	this section, on the condominium property to ensure their
227	availability to unit owners and prospective purchasers, and may
228	charge its actual costs for preparing and furnishing these
229	documents to those requesting the documents. Notwithstanding the
230	provisions of this paragraph, the following records are not
231	accessible to unit owners:
232	1.  Any record protected by the lawyer-client privilege as
233	described in s. 90.502; and any record protected by the work-
234	product privilege, including a any record prepared by an
235	association attorney or prepared at the attorney's express
236	direction,; which reflects a mental impression, conclusion,
237	litigation strategy, or legal theory of the attorney or the
238	association, and which was prepared exclusively for civil or
239	criminal litigation or for adversarial administrative
240	proceedings, or which was prepared in anticipation of such
241	imminent civil or criminal litigation or imminent adversarial
242	administrative proceedings until the conclusion of the
243	litigation or adversarial administrative proceedings.
244	2.  Information obtained by an association in connection
245	with the approval of the lease, sale, or other transfer of a
246	unit.
247	3.  Personnel records of association or management company
248	employees, including, but not limited to, disciplinary, payroll,
249	health, and insurance records. For purposes of this
250	subparagraph, the term "personnel records" does not include
251	written employment agreements with an association employee or
252	management company, or budgetary or financial records that
253	indicate the compensation paid to an association employee.
254	4.  Medical records of unit owners.
255	5.  Social security numbers, driver's license numbers,
256	credit card numbers, e-mail addresses, telephone numbers,
257	facsimile numbers, emergency contact information, any addresses
258	of a unit owner other than as provided to fulfill the
259	association's notice requirements, and other personal
260	identifying information of any person, excluding the person's
261	name, unit designation, mailing address, and property address,
262	and any address, e-mail address, or facsimile number provided to
263	the association to fulfill the association's notice
264	requirements. However, an owner may consent in writing to the
265	disclosure of protected information described in this
266	subparagraph. The association is not liable for the inadvertent
267	disclosure of information that is protected under this
268	subparagraph if the information is included in an official
269	record of the association and is voluntarily provided by an
270	owner and not requested by the association.
271	6.  Any Electronic security measures measure that are is
272	used by the association to safeguard data, including passwords.
273	7.  The software and operating system used by the
274	association which allow the allows manipulation of data, even if
275	the owner owns a copy of the same software used by the
276	association. The data is part of the official records of the
277	association.
278	Section 3.  Paragraphs (b), (c), and (d) of subsection (2)
279	of section 718.112, Florida Statutes, are amended to read:
280	718.112  Bylaws.-
281	(2)  REQUIRED PROVISIONS.-The bylaws shall provide for the
282	following and, if they do not do so, shall be deemed to include
283	the following:
284	(b)  Quorum; voting requirements; proxies.-
285	1.  Unless a lower number is provided in the bylaws, the
286	percentage of voting interests required to constitute a quorum
287	at a meeting of the members is shall be a majority of the voting
288	interests. Unless otherwise provided in this chapter or in the
289	declaration, articles of incorporation, or bylaws, and except as
290	provided in subparagraph (d)4. (d)3., decisions shall be made by
291	owners of a majority of the voting interests represented at a
292	meeting at which a quorum is present.
293	2.  Except as specifically otherwise provided herein, after
294	January 1, 1992, unit owners may not vote by general proxy, but
295	may vote by limited proxies substantially conforming to a
296	limited proxy form adopted by the division. A No voting interest
297	or consent right allocated to a unit owned by the association
298	may not shall be exercised or considered for any purpose,
299	whether for a quorum, an election, or otherwise. Limited proxies
300	and general proxies may be used to establish a quorum. Limited
301	proxies shall be used for votes taken to waive or reduce
302	reserves in accordance with subparagraph (f)2.; for votes taken
303	to waive the financial reporting requirements of s. 718.111(13);
304	for votes taken to amend the declaration pursuant to s. 718.110;
305	for votes taken to amend the articles of incorporation or bylaws
306	pursuant to this section; and for any other matter for which
307	this chapter requires or permits a vote of the unit owners.
308	Except as provided in paragraph (d), a after January 1, 1992, no
309	proxy, limited or general, may not shall be used in the election
310	of board members. General proxies may be used for other matters
311	for which limited proxies are not required, and may also be used
312	in voting for nonsubstantive changes to items for which a
313	limited proxy is required and given. Notwithstanding the
314	provisions of this subparagraph, unit owners may vote in person
315	at unit owner meetings. This subparagraph does not Nothing
316	contained herein shall limit the use of general proxies or
317	require the use of limited proxies for any agenda item or
318	election at any meeting of a timeshare condominium association.
319	3.  Any proxy given is shall be effective only for the
320	specific meeting for which originally given and any lawfully
321	adjourned meetings thereof. A In no event shall any proxy is not
322	be valid for a period longer than 90 days after the date of the
323	first meeting for which it was given. Every proxy is revocable
324	at any time at the pleasure of the unit owner executing it.
325	4.  A member of the board of administration or a committee
326	may submit in writing his or her agreement or disagreement with
327	any action taken at a meeting that the member did not attend.
328	This agreement or disagreement may not be used as a vote for or
329	against the action taken or to create and may not be used for
330	the purposes of creating a quorum.
331	5.  If When any of the board or committee members meet by
332	telephone conference, those board or committee members attending
333	by telephone conference may be counted toward obtaining a quorum
334	and may vote by telephone. A telephone speaker must be used so
335	that the conversation of those board or committee members
336	attending by telephone may be heard by the board or committee
337	members attending in person as well as by any unit owners
338	present at a meeting.
339	(c)  Board of administration meetings.-Meetings of the
340	board of administration at which a quorum of the members is
341	present are shall be open to all unit owners. A Any unit owner
342	may tape record or videotape the meetings of the board of
343	administration. The right to attend such meetings includes the
344	right to speak at such meetings with reference to all designated
345	agenda items. The division shall adopt reasonable rules
346	governing the tape recording and videotaping of the meeting. The
347	association may adopt written reasonable rules governing the
348	frequency, duration, and manner of unit owner statements.
349	1.  Adequate notice of all board meetings, which must
350	notice shall specifically identify all incorporate an
351	identification of agenda items, must shall be posted
352	conspicuously on the condominium property at least 48 continuous
353	hours before preceding the meeting except in an emergency. If 20
354	percent of the voting interests petition the board to address an
355	item of business, the board shall at its next regular board
356	meeting or at a special meeting of the board, but not later than
357	60 days after the receipt of the petition, shall place the item
358	on the agenda. Any item not included on the notice may be taken
359	up on an emergency basis by at least a majority plus one of the
360	board members of the board. Such emergency action must shall be
361	noticed and ratified at the next regular board meeting of the
362	board. However, written notice of any meeting at which
363	nonemergency special assessments, or at which amendment to rules
364	regarding unit use, will be considered must shall be mailed,
365	delivered, or electronically transmitted to the unit owners and
366	posted conspicuously on the condominium property at least not
367	less than 14 days before prior to the meeting. Evidence of
368	compliance with this 14-day notice requirement must shall be
369	made by an affidavit executed by the person providing the notice
370	and filed with among the official records of the association.
371	Upon notice to the unit owners, the board shall, by duly adopted
372	rule, designate a specific location on the condominium property
373	or association property where upon which all notices of board
374	meetings are to shall be posted. If there is no condominium
375	property or association property where upon which notices can be
376	posted, notices of board meetings shall be mailed, delivered, or
377	electronically transmitted at least 14 days before the meeting
378	to the owner of each unit. In lieu of or in addition to the
379	physical posting of the notice of any meeting of the board of
380	administration on the condominium property, the association may,
381	by reasonable rule, adopt a procedure for conspicuously posting
382	and repeatedly broadcasting the notice and the agenda on a
383	closed-circuit cable television system serving the condominium
384	association. However, if broadcast notice is used in lieu of a
385	notice posted physically posted on the condominium property, the
386	notice and agenda must be broadcast at least four times every
387	broadcast hour of each day that a posted notice is otherwise
388	required under this section. If When broadcast notice is
389	provided, the notice and agenda must be broadcast in a manner
390	and for a sufficient continuous length of time so as to allow an
391	average reader to observe the notice and read and comprehend the
392	entire content of the notice and the agenda. Notice of any
393	meeting in which regular or special assessments against unit
394	owners are to be considered for any reason must shall
395	specifically state that assessments will be considered and
396	provide the nature, estimated cost, and description of the
397	purposes for such assessments.
398	2.  Meetings of a committee to take final action on behalf
399	of the board or make recommendations to the board regarding the
400	association budget are subject to the provisions of this
401	paragraph. Meetings of a committee that does not take final
402	action on behalf of the board or make recommendations to the
403	board regarding the association budget are subject to the
404	provisions of this section, unless those meetings are exempted
405	from this section by the bylaws of the association.
406	3.  Notwithstanding any other law, the requirement that
407	board meetings and committee meetings be open to the unit owners
408	does not apply is inapplicable to:
409	a.  Meetings between the board or a committee and the
410	association's attorney, with respect to proposed or pending
411	litigation, if when the meeting is held for the purpose of
412	seeking or rendering legal advice; or
413	b.  Board meetings held for the purpose of discussing
414	personnel matters.
415	(d)  Unit owner meetings.-
416	1.  An annual meeting of the unit owners shall be held at
417	the location provided in the association bylaws and, if the
418	bylaws are silent as to the location, the meeting shall be held
419	within 45 miles of the condominium property. However, such
420	distance requirement does not apply to an association governing
421	a timeshare condominium.
422	2.  Unless the bylaws provide otherwise, a vacancy on the
423	board caused by the expiration of a director's term shall be
424	filled by electing a new board member, and the election must be
425	by secret ballot. An election is not required However, if the
426	number of vacancies equals or exceeds the number of candidates,
427	an election is not required. For purposes of this paragraph, the
428	term "candidate" means an eligible person who has timely
429	submitted the written notice, as described in sub-subparagraph
430	4.a., of his or her intention to become a candidate. Except in a
431	timeshare condominium, or if the staggered term of a board
432	member does not expire until a later annual meeting, or if all
433	members terms would otherwise expire but there are no
434	candidates, the terms of all board members of the board expire
435	at the annual meeting, and such board members may stand for
436	reelection unless prohibited otherwise permitted by the bylaws.
437	If the bylaws permit staggered terms of no more than 2 years and
438	upon approval of a majority of the total voting interests, the
439	association board members may serve 2-year staggered terms. If
440	the number of board members whose terms expire at the annual
441	meeting equals or have expired exceeds the number of candidates,
442	the candidates become members of the board effective upon the
443	adjournment of the annual meeting. Unless the bylaws provide
444	otherwise, any remaining vacancies shall be filled by the
445	affirmative vote of the majority of the directors making up the
446	newly constituted board even if the directors constitute less
447	than a quorum or there is only one director eligible members
448	showing interest in or demonstrating an intention to run for the
449	vacant positions, each board member whose term has expired is
450	eligible for reappointment to the board of administration and
451	need not stand for reelection. In a condominium association of
452	more than 10 units or in a condominium association that does not
453	include timeshare units or timeshare interests, coowners of a
454	unit may not serve as members of the board of directors at the
455	same time unless they own more than one unit or unless there are
456	not enough eligible candidates to fill the vacancies on the
457	board at the time of the vacancy. Any unit owner desiring to be
458	a candidate for board membership must comply with sub-
459	subparagraph 4.a. and must be eligible to serve on the board of
460	directors at the time of the deadline for submitting a notice of
461	intent to run in order to have his or her name listed as a
462	proper candidate on the ballot or to serve on the board 3.a. A
463	person who has been suspended or removed by the division under
464	this chapter, or who is delinquent in the payment of any fee,
465	fine, or special or regular assessment as provided in paragraph
466	(n), is not eligible for board membership. A person who has been
467	convicted of any felony in this state or in a United States
468	District or Territorial Court, or who has been convicted of any
469	offense in another jurisdiction which that would be considered a
470	felony if committed in this state, is not eligible for board
471	membership unless such felon's civil rights have been restored
472	for at least 5 years as of the date on which such person seeks
473	election to the board. The validity of an action by the board is
474	not affected if it is later determined that a board member of
475	the board is ineligible for board membership due to having been
476	convicted of a felony.
477	3.2.  The bylaws must provide the method of calling
478	meetings of unit owners, including annual meetings. Written
479	notice, which must include an agenda, must shall be mailed, hand
480	delivered, or electronically transmitted to each unit owner at
481	least 14 days before the annual meeting, and must be posted in a
482	conspicuous place on the condominium property at least 14
483	continuous days before preceding the annual meeting. Upon notice
484	to the unit owners, the board shall, by duly adopted rule,
485	designate a specific location on the condominium property or
486	association property where upon which all notices of unit owner
487	meetings shall be posted. This requirement does not apply
488	However, if there is no condominium property or association
489	property for posting upon which notices can be posted, this
490	requirement does not apply. In lieu of, or in addition to, the
491	physical posting of meeting notices, the association may, by
492	reasonable rule, adopt a procedure for conspicuously posting and
493	repeatedly broadcasting the notice and the agenda on a closed-
494	circuit cable television system serving the condominium
495	association. However, if broadcast notice is used in lieu of a
496	notice posted physically on the condominium property, the notice
497	and agenda must be broadcast at least four times every broadcast
498	hour of each day that a posted notice is otherwise required
499	under this section. If broadcast notice is provided, the notice
500	and agenda must be broadcast in a manner and for a sufficient
501	continuous length of time so as to allow an average reader to
502	observe the notice and read and comprehend the entire content of
503	the notice and the agenda. Unless a unit owner waives in writing
504	the right to receive notice of the annual meeting, such notice
505	must be hand delivered, mailed, or electronically transmitted to
506	each unit owner. Notice for meetings and notice for all other
507	purposes must be mailed to each unit owner at the address last
508	furnished to the association by the unit owner, or hand
509	delivered to each unit owner. However, if a unit is owned by
510	more than one person, the association must shall provide notice,
511	for meetings and all other purposes, to the that one address
512	that which the developer initially identifies for that purpose
513	and thereafter as one or more of the owners of the unit shall
514	advise the association in writing, or if no address is given or
515	the owners of the unit do not agree, to the address provided on
516	the deed of record. An officer of the association, or the
517	manager or other person providing notice of the association
518	meeting, must shall provide an affidavit or United States Postal
519	Service certificate of mailing, to be included in the official
520	records of the association affirming that the notice was mailed
521	or hand delivered, in accordance with this provision.
522	4.3.  The members of the board shall be elected by written
523	ballot or voting machine. Proxies may not be used in electing
524	the board in general elections or elections to fill vacancies
525	caused by recall, resignation, or otherwise, unless otherwise
526	provided in this chapter.
527	a.  At least 60 days before a scheduled election, the
528	association shall mail, deliver, or electronically transmit,
529	whether by separate association mailing or included in another
530	association mailing, delivery, or transmission, including
531	regularly published newsletters, to each unit owner entitled to
532	a vote, a first notice of the date of the election. Any unit
533	owner or other eligible person desiring to be a candidate for
534	the board must give written notice of his or her intent to be a
535	candidate to the association at least 40 days before a scheduled
536	election. Together with the written notice and agenda as set
537	forth in subparagraph 3. 2., the association shall mail,
538	deliver, or electronically transmit a second notice of the
539	election to all unit owners entitled to vote, together with a
540	ballot that lists all candidates. Upon request of a candidate,
541	an information sheet, no larger than 8 1/2 inches by 11 inches,
542	which must be furnished by the candidate at least 35 days before
543	the election, must be included with the mailing, delivery, or
544	transmission of the ballot, with the costs of mailing, delivery,
545	or electronic transmission and copying to be borne by the
546	association. The association is not liable for the contents of
547	the information sheets prepared by the candidates. In order to
548	reduce costs, the association may print or duplicate the
549	information sheets on both sides of the paper. The division
550	shall by rule establish voting procedures consistent with this
551	sub-subparagraph, including rules establishing procedures for
552	giving notice by electronic transmission and rules providing for
553	the secrecy of ballots. Elections shall be decided by a
554	plurality of those ballots cast. There is no quorum requirement;
555	however, at least 20 percent of the eligible voters must cast a
556	ballot in order to have a valid election of members of the
557	board. A unit owner may not permit any other person to vote his
558	or her ballot, and any ballots improperly cast are invalid. A,
559	provided any unit owner who violates this provision may be fined
560	by the association in accordance with s. 718.303. A unit owner
561	who needs assistance in casting the ballot for the reasons
562	stated in s. 101.051 may obtain such assistance. The regular
563	election must occur on the date of the annual meeting. This sub-
564	subparagraph does not apply to timeshare condominium
565	associations. Notwithstanding this sub-subparagraph, an election
566	is not required unless more candidates file notices of intent to
567	run or are nominated than board vacancies exist.
568	b.  Within 90 days after being elected or appointed to the
569	board, each newly elected or appointed director shall certify in
570	writing to the secretary of the association that he or she has
571	read the association's declaration of condominium, articles of
572	incorporation, bylaws, and current written policies; that he or
573	she will work to uphold such documents and policies to the best
574	of his or her ability; and that he or she will faithfully
575	discharge his or her fiduciary responsibility to the
576	association's members. In lieu of this written certification,
577	within 90 days after being elected or appointed to the board,
578	the newly elected or appointed director may submit a certificate
579	of having satisfactorily completed satisfactory completion of
580	the educational curriculum administered by a division-approved
581	condominium education provider within 1 year before or 90 days
582	after the date of election or appointment. The written
583	certification or educational certificate is valid and does not
584	have to be resubmitted as long as the director serves on the
585	board without interruption. A director who fails to timely file
586	the written certification or educational certificate is
587	suspended from service on the board until he or she complies
588	with this sub-subparagraph. The board may temporarily fill the
589	vacancy during the period of suspension. The secretary shall
590	cause the association to retain a director's written
591	certification or educational certificate for inspection by the
592	members for 5 years after a director's election. Failure to have
593	such written certification or educational certificate on file
594	does not affect the validity of any board action. This chapter
595	does not limit the use of general or limited proxies, require
596	the use of general or limited proxies, or require the use of a
597	written ballot or voting machine for any agenda item or election
598	at any meeting of a timeshare condominium association.
599	5.4.  Any approval by unit owners called for by this
600	chapter or the applicable declaration or bylaws, including, but
601	not limited to, the approval requirement in s. 718.111(8), must
602	shall be made at a duly noticed meeting of unit owners and is
603	subject to all requirements of this chapter or the applicable
604	condominium documents relating to unit owner decisionmaking,
605	except that unit owners may take action by written agreement,
606	without meetings, on matters for which action by written
607	agreement without meetings is expressly allowed by the
608	applicable bylaws or declaration or any law statute that
609	provides for such action.
610	6.5.  Unit owners may waive notice of specific meetings if
611	allowed by the applicable bylaws or declaration or any law
612	statute. If authorized by the bylaws, notice of meetings of the
613	board of administration, unit owner meetings, except unit owner
614	meetings called to recall board members under paragraph (j), and
615	committee meetings may be given by electronic transmission to
616	unit owners who consent to receive notice by electronic
617	transmission.
618	7.6.  Unit owners shall have the right to participate in
619	meetings of unit owners with reference to all designated agenda
620	items. However, the association may adopt reasonable rules
621	governing the frequency, duration, and manner of unit owner
622	participation.
623	8.7.  A Any unit owner may tape record or videotape a
624	meeting of the unit owners subject to reasonable rules adopted
625	by the division.
626	9.8.  Unless otherwise provided in the bylaws, any vacancy
627	occurring on the board before the expiration of a term may be
628	filled by the affirmative vote of the majority of the remaining
629	directors, even if the remaining directors constitute less than
630	a quorum, or by the sole remaining director. In the alternative,
631	a board may hold an election to fill the vacancy, in which case
632	the election procedures must conform to the requirements of sub-
633	subparagraph 4.a. 3.a. unless the association governs 10 units
634	or fewer and has opted out of the statutory election process, in
635	which case the bylaws of the association control. Unless
636	otherwise provided in the bylaws, a board member appointed or
637	elected under this section shall fill the vacancy for the
638	unexpired term of the seat being filled. Filling vacancies
639	created by recall is governed by paragraph (j) and rules adopted
640	by the division.
641
642	Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a.
643	(d)3.a., an association of 10 or fewer units may, by affirmative
644	vote of a majority of the total voting interests, provide for
645	different voting and election procedures in its bylaws, which
646	vote may be by a proxy specifically delineating the different
647	voting and election procedures. The different voting and
648	election procedures may provide for elections to be conducted by
649	limited or general proxy.
650	Section 4.  Subsection (5) of section 718.113, Florida
651	Statutes, is amended to read:
652	718.113  Maintenance; limitation upon improvement; display
653	of flag; hurricane shutters; display of religious decorations.-
654	(5)  Each board of administration shall adopt hurricane
655	shutter specifications for each building within each condominium
656	operated by the association which shall include color, style,
657	and other factors deemed relevant by the board. All
658	specifications adopted by the board must shall comply with the
659	applicable building code.
660	(a)  The board may, subject to the provisions of s.
661	718.3026, and the approval of a majority of voting interests of
662	the condominium, install hurricane shutters, impact glass or
663	other code-compliant windows, or hurricane protection that
664	complies with or exceeds the applicable building code. However,
665	or both, except that a vote of the owners is not required if the
666	maintenance, repair, and replacement of hurricane shutters,
667	impact glass, or other code-compliant windows or other forms of
668	hurricane protection are the responsibility of the association
669	pursuant to the declaration of condominium. If However, where
670	hurricane protection or laminated glass or window film
671	architecturally designed to function as hurricane protection
672	which complies with or exceeds the current applicable building
673	code has been previously installed, the board may not install
674	hurricane shutters, or other hurricane protection, or impact
675	glass or other code-compliant windows except upon approval by a
676	majority vote of the voting interests.
677	(b)  The association is shall be responsible for the
678	maintenance, repair, and replacement of the hurricane shutters
679	or other hurricane protection authorized by this subsection if
680	such hurricane shutters or other hurricane protection is the
681	responsibility of the association pursuant to the declaration of
682	condominium. If the hurricane shutters or other hurricane
683	protection authorized by this subsection are the responsibility
684	of the unit owners pursuant to the declaration of condominium,
685	the responsibility for the maintenance, repair, and replacement
686	of such items are shall be the responsibility of the unit owner.
687	(c)  The board may operate shutters installed pursuant to
688	this subsection without permission of the unit owners only if
689	where such operation is necessary to preserve and protect the
690	condominium property and association property. The installation,
691	replacement, operation, repair, and maintenance of such shutters
692	in accordance with the procedures set forth in this paragraph
693	are herein shall not be deemed a material alteration to the
694	common elements or association property within the meaning of
695	this section.
696	(d)  Notwithstanding any other provision to the contrary in
697	the condominium documents, if approval is required by the
698	documents, a board may shall not refuse to approve the
699	installation or replacement of hurricane shutters by a unit
700	owner conforming to the specifications adopted by the board.
701	Section 5.  Section 718.114, Florida Statutes, is amended
702	to read:
703	718.114  Association powers.-An association may has the
704	power to enter into agreements, to acquire leaseholds,
705	memberships, and other possessory or use interests in lands or
706	facilities such as country clubs, golf courses, marinas, and
707	other recreational facilities,. It has this power whether or not
708	the lands or facilities are contiguous to the lands of the
709	condominium, if such lands and facilities they are intended to
710	provide enjoyment, recreation, or other use or benefit to the
711	unit owners. All of these leaseholds, memberships, and other
712	possessory or use interests existing or created at the time of
713	recording the declaration must be stated and fully described in
714	the declaration. Subsequent to the recording of the declaration,
715	agreements acquiring these leaseholds, memberships, or other
716	possessory or use interests which are not entered into within 12
717	months following the recording of the declaration are shall be
718	considered a material alteration or substantial addition to the
719	real property that is association property, and the association
720	may not acquire or enter into such agreements acquiring these
721	leaseholds, memberships, or other possessory or use interests
722	except upon a vote of, or written consent by, a majority of the
723	total voting interests or as authorized by the declaration as
724	provided in s. 718.113. The declaration may provide that the
725	rental, membership fees, operations, replacements, and other
726	expenses are common expenses and may impose covenants and
727	restrictions concerning their use and may contain other
728	provisions not inconsistent with this chapter. A condominium
729	association may conduct bingo games as provided in s. 849.0931.
730	Section 6.  Subsection (3), paragraph (b) of subsection
731	(5), and subsection (11) of section 718.116, Florida Statutes,
732	are amended to read:
733	718.116  Assessments; liability; lien and priority;
734	interest; collection.-
735	(3)  Assessments and installments on assessments which are
736	not paid when due bear interest at the rate provided in the
737	declaration, from the due date until paid. The This rate may not
738	exceed the rate allowed by law, and, if no rate is provided in
739	the declaration, interest accrues at the rate of 18 percent per
740	year. Also, If provided by the declaration or bylaws, the
741	association may, in addition to such interest, charge an
742	administrative late fee of up to the greater of $25 or 5 percent
743	of each installment of the assessment for each delinquent
744	installment for which the payment is late. Any payment received
745	by an association must be applied first to any interest accrued
746	by the association, then to any administrative late fee, then to
747	any costs and reasonable attorney's fees incurred in collection,
748	and then to the delinquent assessment. The foregoing is
749	applicable notwithstanding any restrictive endorsement,
750	designation, or instruction placed on or accompanying a payment.
751	A late fee is not subject to chapter 687 or s. 718.303(4)(3).
752	(5)
753	(b)  To be valid, a claim of lien must state the
754	description of the condominium parcel, the name of the record
755	owner, the name and address of the association, the amount due,
756	and the due dates. It must be executed and acknowledged by an
757	officer or authorized agent of the association. The lien is not
758	effective longer than 1 year after the claim of lien was
759	recorded unless, within that time, an action to enforce the lien
760	is commenced. The 1-year period is automatically extended for
761	any length of time during which the association is prevented
762	from filing a foreclosure action by an automatic stay resulting
763	from a bankruptcy petition filed by the parcel owner or any
764	other person claiming an interest in the parcel. The claim of
765	lien secures all unpaid assessments that are due and that may
766	accrue after the claim of lien is recorded and through the entry
767	of a final judgment, as well as interest and all reasonable
768	costs and attorney's fees incurred by the association incident
769	to the collection process. Upon payment in full, the person
770	making the payment is entitled to a satisfaction of the lien.
771
772	After notice of contest of lien has been recorded, the clerk of
773	the circuit court shall mail a copy of the recorded notice to
774	the association by certified mail, return receipt requested, at
775	the address shown in the claim of lien or most recent amendment
776	to it and shall certify to the service on the face of the
777	notice. Service is complete upon mailing. After service, the
778	association has 90 days in which to file an action to enforce
779	the lien; and, if the action is not filed within the 90-day
780	period, the lien is void. However, the 90-day period shall be
781	extended for any length of time during which that the
782	association is prevented from filing its action because of an
783	automatic stay resulting from the filing of a bankruptcy
784	petition by the unit owner or by any other person claiming an
785	interest in the parcel.
786	(11)  If the unit is occupied by a tenant and the unit
787	owner is delinquent in paying any monetary obligation due to the
788	association, the association may make a written demand that the
789	tenant pay rent to the association the future monetary
790	obligations related to the condominium unit to the association,
791	and continue to the tenant must make such payments until all
792	monetary obligations of the unit owner related to the unit have
793	been paid in full to the association payment. The demand is
794	continuing in nature and, upon demand, The tenant must pay the
795	monetary obligations to the association until the association
796	releases the tenant or the tenant discontinues tenancy in the
797	unit. The association must mail written notice to the unit owner
798	of the association's demand that the tenant make payments to the
799	association. The association shall, upon request, provide the
800	tenant with written receipts for payments made. A tenant who
801	acts in good faith in response to a written demand from an
802	association is immune from any claim by from the unit owner
803	related to the rent once the association has made written
804	demand. Any payment received from a tenant must be applied to
805	the unit owner's oldest delinquent monetary obligation.
806	(a)  If the tenant paid prepaid rent to the unit owner for
807	a given rental period before receiving the demand from the
808	association and provides written evidence of prepaying paying
809	the rent to the association within 14 days after receiving the
810	demand, the tenant shall receive credit for the prepaid rent for
811	the applicable period but and must make any subsequent rental
812	payments to the association to be credited against the monetary
813	obligations of the unit owner to the association.
814	(b)  The tenant is not liable for increases in the amount
815	of the monetary obligations due unless the tenant was notified
816	in writing of the increase at least 10 days before the date the
817	rent is due. The liability of the tenant may not exceed the
818	amount due from the tenant to the tenant's landlord. The
819	tenant's landlord shall provide the tenant a credit against
820	rents due to the unit owner in the amount of moneys paid to the
821	association under this section.
822	(c)  The association may issue notices under s. 83.56 and
823	may sue for eviction under ss. 83.59-83.625 as if the
824	association were a landlord under part II of chapter 83 if the
825	tenant fails to pay a required payment to the association.
826	However, the association is not otherwise considered a landlord
827	under chapter 83 and specifically has no obligations duties
828	under s. 83.51.
829	(d)  The tenant does not, by virtue of payment of rent
830	monetary obligations to the association, have any of the rights
831	of a unit owner to vote in any election or to examine the books
832	and records of the association.
833	(e)  A court may supersede the effect of this subsection by
834	appointing a receiver.
835	Section 7.  Subsections (2), (3), (4), and (11), paragraphs
836	(a) and (d) of subsection (12), subsection (14), paragraph (a)
837	of subsection (17), and subsections (18) and (19) of section
838	718.117, Florida Statutes, are amended to read:
839	718.117  Termination of condominium.-
840	(2)  TERMINATION BECAUSE OF ECONOMIC WASTE OR
841	IMPOSSIBILITY.-
842	(a)  Notwithstanding any provision in the declaration, the
843	condominium form of ownership of a property may be terminated by
844	a plan of termination approved by the lesser of the lowest
845	percentage of voting interests necessary to amend the
846	declaration or as otherwise provided in the declaration for
847	approval of termination if:
848	1.  The total estimated cost of construction or repairs
849	necessary to construct the intended improvements or restore the
850	improvements to their former condition or bring them into
851	compliance with applicable laws or regulations exceeds the
852	combined fair market value of the units in the condominium after
853	completion of the construction or repairs; or
854	2.  It becomes impossible to operate or reconstruct a
855	condominium to its prior physical configuration because of land
856	use laws or regulations.
857	(b)  Notwithstanding paragraph (a), a condominium in which
858	75 percent or more of the units are timeshare units may be
859	terminated only pursuant to a plan of termination approved by 80
860	percent of the total voting interests of the association and the
861	holders of 80 percent of the original principal amount of
862	outstanding recorded mortgage liens of timeshare estates in the
863	condominium, unless the declaration provides for a lower voting
864	percentage.
865	(c)  Notwithstanding paragraph (a), a condominium that
866	includes units and timeshare estates where the improvements have
867	been totally destroyed or demolished may be terminated pursuant
868	to a plan of termination proposed by a unit owner upon the
869	filing of a petition in court seeking equitable relief. Within
870	10 days after the filing of a petition as provided in this
871	paragraph and in lieu of the requirements of paragraph (15)(a),
872	the petitioner shall record the proposed plan of termination and
873	mail a copy of the proposed plan and a copy of the petition to:
874	1.  If the association has not been dissolved as a matter
875	of law, each member of the board of directors of the association
876	identified in the most recent annual report filed with the
877	Department of State and the registered agent of the association;
878	2.  The managing entity as defined in s. 721.05(22);
879	3.  Each unit owner and each timeshare estate owner at the
880	address reflected in the official records of the association,
881	or, if the association records cannot be obtained by the
882	petitioner, each unit owner and each timeshare estate owner at
883	the address listed in the office of the tax collector for tax
884	notices; and
885	4.  Each holder of a recorded mortgage lien affecting a
886	unit or timeshare estate at the address appearing on the
887	recorded mortgage or any recorded assignment thereof.
888
889	The association, if it has not been dissolved as a matter of
890	law, acting as class representative, or the managing entity as
891	defined in s. 721.05(22), any unit owner, any timeshare estate
892	owner, or any holder of a recorded mortgage lien affecting a
893	unit or timeshare estate may intervene in the proceedings to
894	contest the proposed plan of termination brought pursuant to
895	this paragraph. The provisions of subsection (9), to the extent
896	inconsistent with this paragraph, and subsection (16) are not
897	applicable to a party contesting a plan of termination under
898	this paragraph. If no party intervenes to contest the proposed
899	plan within 45 days after the filing of the petition, the
900	petitioner may move the court to enter a final judgment to
901	authorize implementation of the plan of termination. If a party
902	timely intervenes to contest the proposed plan, the plan may not
903	be implemented until a final judgment has been entered by the
904	court finding that the proposed plan of termination is fair and
905	reasonable and authorizing implementation of the plan.
906	(3)  OPTIONAL TERMINATION.-Except as provided in subsection
907	(2) or unless the declaration provides for a lower percentage,
908	the condominium form of ownership of the property may be
909	terminated for all or a portion of the condominium property
910	pursuant to a plan of termination approved by at least 80
911	percent of the total voting interests of the condominium if no
912	not more than 10 percent of the total voting interests of the
913	condominium have rejected the plan of termination by negative
914	vote or by providing written objections thereto. This subsection
915	does not apply to condominiums in which 75 percent or more of
916	the units are timeshare units.
917	(4)  EXEMPTION.-A plan of termination is not an amendment
918	subject to s. 718.110(4). In a partial termination, a plan of
919	termination is not an amendment subject to s. 718.110(4) if the
920	ownership share of the common elements of a surviving unit in
921	the condominium remains in the same proportion to the surviving
922	units as it was before the partial termination.
923	(11)  PLAN OF TERMINATION; OPTIONAL PROVISIONS; CONDITIONAL
924	TERMINATION.-
925	(a)  The plan of termination may provide that each unit
926	owner retains the exclusive right of possession to the portion
927	of the real estate which that formerly constituted the unit if,
928	in which case the plan specifies must specify the conditions of
929	possession. In a partial termination, the plan of termination as
930	specified in subsection (10) must also identify the units that
931	survive the partial termination and provide that such units
932	remain in the condominium form of ownership pursuant to an
933	amendment to the declaration of condominium or an amended and
934	restated declaration. In a partial termination, title to the
935	surviving units and common elements that remain part of the
936	condominium property specified in the plan of termination remain
937	vested in the ownership shown in the public records and do not
938	vest in the termination trustee.
939	(b)  In a conditional termination, the plan must specify
940	the conditions for termination. A conditional plan does not vest
941	title in the termination trustee until the plan and a
942	certificate executed by the association with the formalities of
943	a deed, confirming that the conditions in the conditional plan
944	have been satisfied or waived by the requisite percentage of the
945	voting interests, have been recorded. In a partial termination,
946	the plan does not vest title to the surviving units or common
947	elements that remain part of the condominium property in the
948	termination trustee.
949	(12)  ALLOCATION OF PROCEEDS OF SALE OF CONDOMINIUM
950	PROPERTY.-
951	(a)  Unless the declaration expressly provides for the
952	allocation of the proceeds of sale of condominium property, the
953	plan of termination must first apportion the proceeds between
954	the aggregate value of all units and the value of the common
955	elements, based on their respective fair market values
956	immediately before the termination, as determined by one or more
957	independent appraisers selected by the association or
958	termination trustee. In a partial termination, the aggregate
959	values of the units and common elements that are being
960	terminated must be separately determined, and the plan of
961	termination must specify the allocation of the proceeds of sale
962	for the units and common elements.
963	(d)  Liens that encumber a unit shall be transferred to the
964	proceeds of sale of the condominium property and the proceeds of
965	sale or other distribution of association property, common
966	surplus, or other association assets attributable to such unit
967	in their same priority. In a partial termination, liens that
968	encumber a unit being terminated must be transferred to the
969	proceeds of sale of that portion of the condominium property
970	being terminated which are attributable to such unit. The
971	proceeds of any sale of condominium property pursuant to a plan
972	of termination may not be deemed to be common surplus or
973	association property.
974	(14)  TITLE VESTED IN TERMINATION TRUSTEE.-If termination
975	is pursuant to a plan of termination under subsection (2) or
976	subsection (3), the unit owners' rights and title to as tenants
977	in common in undivided interests in the condominium property
978	being terminated vests vest in the termination trustee when the
979	plan is recorded or at a later date specified in the plan. The
980	unit owners thereafter become the beneficiaries of the proceeds
981	realized from the plan of termination as set forth in the plan.
982	The termination trustee may deal with the condominium property
983	being terminated or any interest therein if the plan confers on
984	the trustee the authority to protect, conserve, manage, sell, or
985	dispose of the condominium property. The trustee, on behalf of
986	the unit owners, may contract for the sale of real property
987	being terminated, but the contract is not binding on the unit
988	owners until the plan is approved pursuant to subsection (2) or
989	subsection (3).
990	(17)  DISTRIBUTION.-
991	(a)  Following termination of the condominium, the
992	condominium property, association property, common surplus, and
993	other assets of the association shall be held by the termination
994	trustee pursuant to the plan of termination, as trustee for unit
995	owners and holders of liens on the units, in their order of
996	priority unless otherwise set forth in the plan of termination.
997	(18)  ASSOCIATION STATUS.-The termination of a condominium
998	does not change the corporate status of the association that
999	operated the condominium property. The association continues to
1000	exist to conclude its affairs, prosecute and defend actions by
1001	or against it, collect and discharge obligations, dispose of and
1002	convey its property, and collect and divide its assets, but not
1003	to act except as necessary to conclude its affairs. In a partial
1004	termination, the association may continue as the condominium
1005	association for the property that remains subject to the
1006	declaration of condominium.
1007	(19)  CREATION OF ANOTHER CONDOMINIUM.-The termination or
1008	partial termination of a condominium does not bar the filing of
1009	a new declaration of condominium or an amended and restated
1010	declaration of condominium by the termination trustee, or the
1011	trustee's successor in interest, for the terminated property or
1012	affecting any portion thereof of the same property. The partial
1013	termination of a condominium may provide for the simultaneous
1014	filing of an amendment to the declaration of condominium or an
1015	amended and restated declaration of condominium by the
1016	condominium association for any portion of the property not
1017	terminated from the condominium form of ownership.
1018	Section 8.  Subsections (3), (4), and (5) of section
1019	718.303, Florida Statutes, are amended, and subsection (6) is
1020	added to that section, to read:
1021	718.303  Obligations of owners and occupants; remedies.-
1022	(3)  If a unit owner is delinquent for more than 90 days in
1023	paying a monetary obligation due to the association, the
1024	association may suspend the right of a unit owner or a unit's
1025	occupant, licensee, or invitee to use common elements, common
1026	facilities, or any other association property until the monetary
1027	obligation is paid. This subsection does not apply to limited
1028	common elements intended to be used only by that unit, common
1029	elements that must be used to access the unit, utility services
1030	provided to the unit, parking spaces, or elevators. The
1031	association may also levy reasonable fines for the failure of
1032	the owner of the unit, or its occupant, licensee, or invitee, to
1033	comply with any provision of the declaration, the association
1034	bylaws, or reasonable rules of the association. A fine may does
1035	not become a lien against a unit. A fine may not exceed $100 per
1036	violation. However, A fine may be levied on the basis of each
1037	day of a continuing violation, with a single notice and
1038	opportunity for hearing. However, the fine may not exceed $100
1039	per violation, or $1,000 in the aggregate exceed $1,000.
1040	(a)  An association may suspend, for a reasonable period of
1041	time, the right of a unit owner, or a unit owner's tenant,
1042	guest, or invitee, to use the common elements, common
1043	facilities, or any other association property for failure to
1044	comply with any provision of the declaration, the association
1045	bylaws, or reasonable rules of the association.
1046	(b)  A fine or suspension may not be imposed levied and a
1047	suspension may not be imposed unless the association first
1048	provides at least 14 days' written notice and an opportunity for
1049	a hearing to the unit owner and, if applicable, its occupant,
1050	licensee, or invitee. The hearing must be held before a
1051	committee of other unit owners who are neither board members nor
1052	persons residing in a board member's household. If the committee
1053	does not agree with the fine or suspension, the fine or
1054	suspension may not be levied or imposed.
1055	(4)  If a unit owner is more than 90 days delinquent in
1056	paying a monetary obligation due to the association, the
1057	association may suspend the right of the unit owner or the
1058	unit's occupant, licensee, or invitee to use common elements,
1059	common facilities, or any other association property until the
1060	monetary obligation is paid in full. This subsection does not
1061	apply to limited common elements intended to be used only by
1062	that unit, common elements needed to access the unit, utility
1063	services provided to the unit, parking spaces, or elevators. The
1064	notice and hearing requirements under subsection (3) do not
1065	apply to suspensions imposed under this subsection.
1066	(4)  The notice and hearing requirements of subsection (3)
1067	do not apply to the imposition of suspensions or fines against a
1068	unit owner or a unit's occupant, licensee, or invitee because of
1069	failing to pay any amounts due the association. If such a fine
1070	or suspension is imposed, the association must levy the fine or
1071	impose a reasonable suspension at a properly noticed board
1072	meeting, and after the imposition of such fine or suspension,
1073	the association must notify the unit owner and, if applicable,
1074	the unit's occupant, licensee, or invitee by mail or hand
1075	delivery.
1076	(5)  An association may also suspend the voting rights of a
1077	member due to nonpayment of any monetary obligation due to the
1078	association which is more than 90 days delinquent. The
1079	suspension ends upon full payment of all obligations currently
1080	due or overdue the association. A voting interest or consent
1081	right allocated to a unit which has been suspended by the
1082	association may not be exercised or considered for any purpose,
1083	including, but not limited to, a quorum, an election, or the
1084	votes required to approve an action under this chapter or
1085	pursuant to the declaration, articles of incorporation, or
1086	bylaws. The notice and hearing requirements under subsection (3)
1087	do not apply to a suspension imposed under this subsection.
1088	(6)  All suspensions imposed pursuant to subsection (4) or
1089	subsection (5) must be approved at a properly noticed board
1090	meeting. Upon approval, the association must notify the unit
1091	owner and, if applicable, the unit's occupant, licensee, or
1092	invitee by mail or hand delivery.
1093	Section 9.  Section 718.703, Florida Statutes, is amended
1094	to read:
1095	718.703  Definitions.-As used in this part, the term:
1096	(1)  "Bulk assignee" means a person who is not a bulk buyer
1097	and who:
1098	(a)  Acquires more than seven condominium parcels in a
1099	single condominium as set forth in s. 718.707; and
1100	(b)  Receives an assignment of any of the developer rights,
1101	other than or in addition to those rights described in
1102	subsection (2), some or all of the rights of the developer as
1103	set forth in the declaration of condominium or this chapter: by
1104	1.  By a written instrument recorded as part of or as an
1105	exhibit to the deed; or as
1106	2.  By a separate instrument recorded in the public records
1107	of the county in which the condominium is located; or
1108	3.  Pursuant to a final judgment or certificate of title
1109	issued in favor of a purchaser at a foreclosure sale.
1110
1111	A mortgagee or its assignee may not be deemed a bulk assignee or
1112	a developer by reason of the acquisition of condominium units
1113	and receipt of an assignment of some or all of a developer
1114	rights unless the mortgagee or its assignee exercises any of the
1115	developer rights other than those described in subsection (2).
1116	(2)  "Bulk buyer" means a person who acquires more than
1117	seven condominium parcels in a single condominium as set forth
1118	in s. 718.707, but who does not receive an assignment of any
1119	developer rights, or receives only some or all of the following
1120	rights: other than
1121	(a)  The right to conduct sales, leasing, and marketing
1122	activities within the condominium;
1123	(b)  The right to be exempt from the payment of working
1124	capital contributions to the condominium association arising out
1125	of, or in connection with, the bulk buyer's acquisition of the a
1126	bulk number of units; and
1127	(c)  The right to be exempt from any rights of first
1128	refusal which may be held by the condominium association and
1129	would otherwise be applicable to subsequent transfers of title
1130	from the bulk buyer to a third party purchaser concerning one or
1131	more units.
1132	Section 10.  Section 718.704, Florida Statutes, is amended
1133	to read:
1134	718.704  Assignment and assumption of developer rights by
1135	bulk assignee; bulk buyer.-
1136	(1)  A bulk assignee is deemed to have assumed assumes and
1137	is liable for all duties and responsibilities of the developer
1138	under the declaration and this chapter upon its acquisition of
1139	title to units and continuously thereafter, except that it is
1140	not liable for:
1141	(a)  Warranties of the developer under s. 718.203(1) or s.
1142	718.618, except as expressly provided by the bulk assignee in a
1143	prospectus or offering circular, or the contract for purchase
1144	and sale executed with a purchaser, or for design, construction,
1145	development, or repair work performed by or on behalf of the
1146	such bulk assignee.;
1147	(b)  The obligation to:
1148	1.  Fund converter reserves under s. 718.618 for a unit
1149	that was not acquired by the bulk assignee; or
1150	2.  Provide implied converter warranties on any portion of
1151	the condominium property except as expressly provided by the
1152	bulk assignee in a prospectus or offering circular, or the
1153	contract for purchase and sale executed with a purchaser, or for
1154	and pertaining to any design, construction, development, or
1155	repair work performed by or on behalf of the bulk assignee.;
1156	(c)  The requirement to provide the association with a
1157	cumulative audit of the association's finances from the date of
1158	formation of the condominium association as required by s.
1159	718.301(4)(c). However, the bulk assignee must provide an audit
1160	for the period during which the bulk assignee elects or appoints
1161	a majority of the members of the board of administration.;
1162	(d)  Any liability arising out of or in connection with
1163	actions taken by the board of administration or the developer-
1164	appointed directors before the bulk assignee elects or appoints
1165	a majority of the members of the board of administration.; and
1166	(e)  Any liability for or arising out of the developer's
1167	failure to fund previous assessments or to resolve budgetary
1168	deficits in relation to a developer's right to guarantee
1169	assessments, except as otherwise provided in subsection (2).
1170
1171	The bulk assignee is also responsible only for delivering
1172	documents and materials in accordance with s. 718.705(3). A bulk
1173	assignee may expressly assume some or all of the developer
1174	obligations of the developer described in paragraphs (a)-(e).
1175	(2)  A bulk assignee assigned the developer right receiving
1176	the assignment of the rights of the developer to guarantee the
1177	level of assessments and fund budgetary deficits pursuant to s.
1178	718.116 assumes and is liable for all obligations of the
1179	developer with respect to such guarantee upon its acquisition of
1180	title to the units and continuously thereafter, including any
1181	applicable funding of reserves to the extent required by law,
1182	for as long as the guarantee remains in effect. A bulk assignee
1183	not receiving such assignment, or a bulk buyer, does not assume
1184	and is not liable for the obligations of the developer with
1185	respect to such guarantee, but is responsible for payment of
1186	assessments due on or after acquisition of the units in the same
1187	manner as all other owners of condominium parcels or as
1188	otherwise provided in s. 718.116.
1189	(3)  A bulk buyer is liable for the duties and
1190	responsibilities of a the developer under the declaration and
1191	this chapter only to the extent that such provided in this part,
1192	together with any other duties or responsibilities are of the
1193	developer expressly assumed in writing by the bulk buyer.
1194	(4)  An acquirer of condominium parcels is not a bulk
1195	assignee or a bulk buyer if the transfer to such acquirer was
1196	made:
1197	(a)  Before the effective date of this part;
1198	(b)  With the intent to hinder, delay, or defraud any
1199	purchaser, unit owner, or the association;, or if the acquirer
1200	is
1201	(c)  By a person who would be considered an insider under
1202	s. 726.102(7).
1203	(5)  An assignment of developer rights to a bulk assignee
1204	may be made by a the developer, a previous bulk assignee, a
1205	mortgagee or assignee who has acquired title to the units and
1206	received an assignment of rights, or a court acting on behalf of
1207	the developer or the previous bulk assignee if such developer
1208	rights are held by the predecessor in title to the bulk
1209	assignee. At any particular time, there may not be no more than
1210	one bulk assignee within a condominium; however, but there may
1211	be more than one bulk buyer. If more than one acquirer of
1212	condominium parcels in the same condominium receives an
1213	assignment of developer rights in addition to those rights
1214	described in s. 718.703(2) from the same person, the bulk
1215	assignee is the acquirer whose instrument of assignment is
1216	recorded first in the public records of the county in which the
1217	condominium is located, and any subsequent purported bulk
1218	assignee may still qualify as a bulk buyer.
1219	Section 11.  Subsections (1) and (3) of section 718.705,
1220	Florida Statutes, are amended to read:
1221	718.705  Board of administration; transfer of control.-
1222	(1)  If, at the time the bulk assignee acquires title to
1223	the units and receives an assignment of developer rights, the
1224	developer has not relinquished control of the board of
1225	administration, for purposes of determining the timing for
1226	transfer of control of the board of administration of the
1227	association to unit owners other than the developer under s.
1228	718.301(1)(a) and (b), if a bulk assignee is entitled to elect a
1229	majority of the members of the board, a condominium parcel
1230	acquired by the bulk assignee is not deemed to be conveyed to a
1231	purchaser, or owned by an owner other than the developer, until
1232	the condominium parcel is conveyed to an owner who is not a bulk
1233	assignee.
1234	(3)  If a bulk assignee relinquishes control of the board
1235	of administration as set forth in s. 718.301, the bulk assignee
1236	must deliver all of those items required by s. 718.301(4).
1237	However, the bulk assignee is not required to deliver items and
1238	documents not in the possession of the bulk assignee if some
1239	items were or should have been in existence before the bulk
1240	assignee's acquisition of the units during the period during
1241	which the bulk assignee was entitled to elect at least a
1242	majority of the members of the board of administration. In
1243	conjunction with the acquisition of units condominium parcels, a
1244	bulk assignee shall undertake a good faith effort to obtain the
1245	documents and materials that must be provided to the association
1246	pursuant to s. 718.301(4). If the bulk assignee is not able to
1247	obtain all of such documents and materials, the bulk assignee
1248	must certify in writing to the association the names or
1249	descriptions of the documents and materials that were not
1250	obtainable by the bulk assignee. Delivery of the certificate
1251	relieves the bulk assignee of responsibility for delivering the
1252	documents and materials referenced in the certificate as
1253	otherwise required under ss. 718.112 and 718.301 and this part.
1254	The responsibility of the bulk assignee for the audit required
1255	by s. 718.301(4) commences as of the date on which the bulk
1256	assignee elected or appointed a majority of the members of the
1257	board of administration.
1258	Section 12.  Section 718.706, Florida Statutes, is amended
1259	to read:
1260	718.706  Specific provisions pertaining to offering of
1261	units by a bulk assignee or bulk buyer.-
1262	(1)  Before offering more than seven any units in a single
1263	condominium for sale or for lease for a term exceeding 5 years,
1264	a bulk assignee or a bulk buyer must file the following
1265	documents with the division and provide such documents to a
1266	prospective purchaser or tenant:
1267	(a)  An updated prospectus or offering circular, or a
1268	supplement to the prospectus or offering circular, filed by the
1269	original developer prepared in accordance with s. 718.504, which
1270	must include the form of contract for sale and for lease in
1271	compliance with s. 718.503(2);
1272	(b)  An updated Frequently Asked Questions and Answers
1273	sheet;
1274	(c)  The executed escrow agreement if required under s.
1275	718.202; and
1276	(d)  The financial information required by s. 718.111(13).
1277	However, if a financial information report did does not exist
1278	for the fiscal year before the acquisition of title by the bulk
1279	assignee or bulk buyer, and if or accounting records that cannot
1280	be obtained in good faith by the bulk assignee or the bulk buyer
1281	which would permit preparation of the required financial
1282	information report for that period cannot be obtained despite
1283	good faith efforts by the bulk assignee or the bulk buyer, the
1284	bulk assignee or bulk buyer is excused from the requirement of
1285	this paragraph. However, the bulk assignee or bulk buyer must
1286	include in the purchase contract the following statement in
1287	conspicuous type:
1288
1289	ALL OR A PORTION OF THE FINANCIAL INFORMATION REPORT
1290	REQUIRED UNDER S. 718.111(13) FOR THE TIME PERIOD
1291	BEFORE THE SELLER'S ACQUISITION OF THE UNIT
1292	IMMEDIATELY PRECEDING FISCAL YEAR OF THE ASSOCIATION
1293	IS NOT AVAILABLE OR CANNOT BE OBTAINED DESPITE THE
1294	GOOD FAITH EFFORTS OF CREATED BY THE SELLER DUE TO THE
1295	INSUFFICIENT ACCOUNTING RECORDS OF THE ASSOCIATION.
1296
1297	(2)  Before offering more than seven any units in a single
1298	condominium for sale or for lease for a term exceeding 5 years,
1299	a bulk assignee or a bulk buyer must file with the division and
1300	provide to a prospective purchaser or tenant under a lease for a
1301	term exceeding 5 years a disclosure statement that includes, but
1302	is not limited to:
1303	(a)  A description of any rights of the developer rights
1304	that developer which have been assigned to the bulk assignee or
1305	bulk buyer;
1306	(b)  The following statement in conspicuous type:
1307
1308	THE SELLER IS NOT OBLIGATED FOR ANY WARRANTIES OF THE
1309	DEVELOPER UNDER S. 718.203(1) OR S. 718.618, AS
1310	APPLICABLE, EXCEPT FOR DESIGN, CONSTRUCTION,
1311	DEVELOPMENT, OR REPAIR WORK PERFORMED BY OR ON BEHALF
1312	OF THE SELLER; and
1313
1314	(c)  If the condominium is a conversion subject to part VI,
1315	the following statement in conspicuous type:
1316
1317	THE SELLER HAS NO OBLIGATION TO FUND CONVERTER
1318	RESERVES OR TO PROVIDE CONVERTER WARRANTIES UNDER S.
1319	718.618 ON ANY PORTION OF THE CONDOMINIUM PROPERTY
1320	EXCEPT AS MAY BE EXPRESSLY REQUIRED OF THE SELLER IN
1321	THE CONTRACT FOR PURCHASE AND SALE EXECUTED BY THE
1322	SELLER AND THE PREVIOUS DEVELOPER AND PERTAINING TO
1323	ANY DESIGN, CONSTRUCTION, DEVELOPMENT, OR REPAIR WORK
1324	PERFORMED BY OR ON BEHALF OF THE SELLER.
1325
1326	(3)  A bulk assignee, while it is in control of the board
1327	of administration of the association, may not authorize, on
1328	behalf of the association:
1329	(a)  The waiver of reserves or the reduction of funding of
1330	the reserves pursuant to s. 718.112(2)(f)2., unless approved by
1331	a majority of the voting interests not controlled by the
1332	developer, bulk assignee, and bulk buyer; or
1333	(b)  The use of reserve expenditures for other purposes
1334	pursuant to s. 718.112(2)(f)3., unless approved by a majority of
1335	the voting interests not controlled by the developer, bulk
1336	assignee, and bulk buyer.
1337	(4)  A bulk assignee or a bulk buyer must comply with all
1338	the requirements of s. 718.302 regarding any contracts entered
1339	into by the association during the period the bulk assignee or
1340	bulk buyer maintains control of the board of administration.
1341	Unit owners shall be provided afforded all of the rights and the
1342	protections contained in s. 718.302 regarding agreements entered
1343	into by the association which are under the control of before
1344	unit owners other than the developer, bulk assignee, or bulk
1345	buyer elected a majority of the board of administration.
1346	(5)  Notwithstanding any other provision of this part, a
1347	bulk assignee or a bulk buyer is not required to comply with the
1348	filing or disclosure requirements of subsections (1) and (2) if
1349	all of the units owned by the bulk assignee or bulk buyer are
1350	offered and conveyed to a single purchaser in a single
1351	transaction. A bulk buyer must comply with the requirements
1352	contained in the declaration regarding any transfer of a unit,
1353	including sales, leases, and subleases. A bulk buyer is not
1354	entitled to any exemptions afforded a developer or successor
1355	developer under this chapter regarding the transfer of a unit,
1356	including sales, leases, or subleases.
1357	Section 13.  Section 718.707, Florida Statutes, is amended
1358	to read:
1359	718.707  Time limitation for classification as bulk
1360	assignee or bulk buyer.-A person acquiring condominium parcels
1361	may not be classified as a bulk assignee or bulk buyer unless
1362	the condominium parcels were acquired on or after July 1, 2010,
1363	but before July 1, 2012. The date of such acquisition shall be
1364	determined by the date of recording of a deed or other
1365	instrument of conveyance for such parcels in the public records
1366	of the county in which the condominium is located, or by the
1367	date of issuing issuance of a certificate of title in a
1368	foreclosure proceeding with respect to such condominium parcels.
1369	Section 14.  Subsections (3), (4), and (10) of section
1370	719.108, Florida Statutes, are amended to read:
1371	719.108  Rents and assessments; liability; lien and
1372	priority; interest; collection; cooperative ownership.-
1373	(3)  Rents and assessments, and installments on them, not
1374	paid when due bear interest at the rate provided in the
1375	cooperative documents from the date due until paid. This rate
1376	may not exceed the rate allowed by law, and, if a rate is not
1377	provided in the cooperative documents, interest accrues at 18
1378	percent per annum. If the cooperative documents or bylaws so
1379	provide, the association may charge an administrative late fee
1380	in addition to such interest, in an amount not to exceed the
1381	greater of $25 or 5 percent of each installment of the
1382	assessment for each delinquent installment that the payment is
1383	late. Any payment received by an association must be applied
1384	first to any interest accrued by the association, then to any
1385	administrative late fee, then to any costs and reasonable
1386	attorney's fees incurred in collection, and then to the
1387	delinquent assessment. The foregoing applies notwithstanding any
1388	restrictive endorsement, designation, or instruction placed on
1389	or accompanying a payment. A late fee is not subject to chapter
1390	687 or s. 719.303(4)(3).
1391	(4)  The association has a lien on each cooperative parcel
1392	for any unpaid rents and assessments, plus interest, and any
1393	authorized administrative late fees, and any reasonable costs
1394	for collection services for which the association has contracted
1395	against the unit owner of the cooperative parcel. If authorized
1396	by the cooperative documents, the lien also secures reasonable
1397	attorney's fees incurred by the association incident to the
1398	collection of the rents and assessments or enforcement of such
1399	lien. The lien is effective from and after recording a claim of
1400	lien in the public records in the county in which the
1401	cooperative parcel is located which states the description of
1402	the cooperative parcel, the name of the unit owner, the amount
1403	due, and the due dates. The lien expires if a claim of lien is
1404	not filed within 1 year after the date the assessment was due,
1405	and the lien does not continue for longer than 1 year after the
1406	claim of lien has been recorded unless, within that time, an
1407	action to enforce the lien is commenced. Except as otherwise
1408	provided in this chapter, a lien may not be filed by the
1409	association against a cooperative parcel until 30 days after the
1410	date on which a notice of intent to file a lien has been
1411	delivered to the owner.
1412	(a)  The notice must be sent to the unit owner at the
1413	address of the unit by first-class United States mail and:
1414	1.  If the most recent address of the unit owner on the
1415	records of the association is the address of the unit, the
1416	notice must be sent by registered or certified mail, return
1417	receipt requested, to the unit owner at the address of the unit.
1418	2.  If the most recent address of the unit owner on the
1419	records of the association is in the United States, but is not
1420	the address of the unit, the notice must be sent by registered
1421	or certified mail, return receipt requested, to the unit owner
1422	at his or her most recent address.
1423	3.  If the most recent address of the unit owner on the
1424	records of the association is not in the United States, the
1425	notice must be sent by first-class United States mail to the
1426	unit owner at his or her most recent address.
1427	(b)  A notice that is sent pursuant to this subsection is
1428	deemed delivered upon mailing.
1429	(10)  If the unit is occupied by a tenant and the unit
1430	owner is delinquent in paying any monetary obligation due to the
1431	association, the association may make a written demand that the
1432	tenant pay rent to the association the future monetary
1433	obligations related to the cooperative share to the association
1434	and continue to the tenant must make such payments until all
1435	monetary obligations of the unit owner related to the unit have
1436	been paid in full to the association payment. The demand is
1437	continuing in nature, and upon demand, The tenant must pay the
1438	monetary obligations to the association until the association
1439	releases the tenant or the tenant discontinues tenancy in the
1440	unit. The association must mail written notice to the unit owner
1441	of the association's demand that the tenant make payments to the
1442	association. The association shall, upon request, provide the
1443	tenant with written receipts for payments made. A tenant who
1444	acts in good faith in response to a written demand from an
1445	association is immune from any claim by from the unit owner
1446	related to the rent once the association has made written
1447	demand. Any payment received from a tenant by the association
1448	must be applied to the unit owner's oldest delinquent monetary
1449	obligation.
1450	(a)  If the tenant paid prepaid rent to the unit owner for
1451	a given rental period before receiving the demand from the
1452	association and provides written evidence of prepaying paying
1453	the rent to the association within 14 days after receiving the
1454	demand, the tenant shall receive credit for the prepaid rent for
1455	the applicable period but and must make any subsequent rental
1456	payments to the association to be credited against the monetary
1457	obligations of the unit owner to the association.
1458	(b)  The tenant is not liable for increases in the amount
1459	of the regular monetary obligations due unless the tenant was
1460	notified in writing of the increase at least 10 days before the
1461	date on which the rent is due. The liability of the tenant may
1462	not exceed the amount due from the tenant to the tenant's
1463	landlord. The tenant's landlord shall provide the tenant a
1464	credit against rents due to the unit owner in the amount of
1465	moneys paid to the association under this section.
1466	(c)  The association may issue notices under s. 83.56 and
1467	may sue for eviction under ss. 83.59-83.625 as if the
1468	association were a landlord under part II of chapter 83 if the
1469	tenant fails to pay a required payment. However, the association
1470	is not otherwise considered a landlord under chapter 83 and
1471	specifically has no obligations duties under s. 83.51.
1472	(d)  The tenant does not, by virtue of payment of monetary
1473	obligations, have any of the rights of a unit owner to vote in
1474	any election or to examine the books and records of the
1475	association.
1476	(e)  A court may supersede the effect of this subsection by
1477	appointing a receiver.
1478	Section 15.  Subsection (3) of section 719.303, Florida
1479	Statutes, is amended, and subsections (4), (5), and (6) are
1480	added to that section, to read:
1481	719.303  Obligations of owners.-
1482	(3)  If the cooperative documents so provide, The
1483	association may levy reasonable fines against a unit owner for
1484	failure of the unit owner or the unit's occupant, his or her
1485	licensee, or invitee or the unit's occupant to comply with any
1486	provision of the cooperative documents or reasonable rules of
1487	the association. A fine may not No fine shall become a lien
1488	against a unit. No fine shall exceed $100 per violation.
1489	However, A fine may be levied on the basis of each day of a
1490	continuing violation, with a single notice and opportunity for
1491	hearing. However, the fine may not exceed $100 per violation, or
1492	$1,000 provided that no such fine shall in the aggregate exceed
1493	$1,000.
1494	(a)  An association may suspend, for a reasonable period of
1495	time, the right of a unit owner, or a unit owner's tenant,
1496	guest, or invitee, to use the common elements, common
1497	facilities, or any other association property for failure to
1498	comply with any provision of the cooperative documents or
1499	reasonable rules of the association.
1500	(b)  A No fine or suspension may not be imposed levied
1501	except after giving reasonable notice and opportunity for a
1502	hearing to the unit owner and, if applicable, the unit's his or
1503	her licensee or invitee. The hearing must shall be held before a
1504	committee of other unit owners. If the committee does not agree
1505	with the fine or suspension, it may shall not be imposed levied.
1506	This subsection does not apply to unoccupied units.
1507	(4)  If a unit owner is more than 90 days delinquent in
1508	paying a monetary obligation due to the association, the
1509	association may suspend the right of the unit owner or the
1510	unit's occupant, licensee, or invitee to use common elements,
1511	common facilities, or any other association property until the
1512	monetary obligation is paid in full. This subsection does not
1513	apply to limited common elements intended to be used only by
1514	that unit, common elements needed to access the unit, utility
1515	services provided to the unit, parking spaces, or elevators. The
1516	notice and hearing requirements under subsection (3) do not
1517	apply to suspensions imposed under this subsection.
1518	(5)  An association may suspend the voting rights of a
1519	member due to nonpayment of any monetary obligation due to the
1520	association which is more than 90 days delinquent. The
1521	suspension ends upon full payment of all obligations currently
1522	due or overdue the association. A voting interest or consent
1523	right allocated to a unit which has been suspended by the
1524	association may not be exercised or considered for any purpose,
1525	including, but not limited to, a quorum, an election, or the
1526	votes required to approve an action under this chapter or
1527	pursuant to the cooperative documents. The notice and hearing
1528	requirements under subsection (3) do not apply to a suspension
1529	imposed under this subsection.
1530	(6)  All suspensions imposed pursuant to subsection (4) or
1531	subsection (5) must be approved at a properly noticed board
1532	meeting. Upon approval, the association must notify the unit
1533	owner and, if applicable, the unit's occupant, licensee, or
1534	invitee by mail or hand delivery.
1535	Section 16.  Subsection (4) of section 720.301, Florida
1536	Statutes, is amended to read:
1537	720.301  Definitions.-As used in this chapter, the term:
1538	(4)  "Declaration of covenants," or "declaration," means a
1539	recorded written instrument or instruments in the nature of
1540	covenants running with the land which subject subjects the land
1541	comprising the community to the jurisdiction and control of an
1542	association or associations in which the owners of the parcels,
1543	or their association representatives, must be members.
1544	Section 17.  Paragraph (c) of subsection (5) of section
1545	720.303, Florida Statutes, is amended to read:
1546	720.303  Association powers and duties; meetings of board;
1547	official records; budgets; financial reporting; association
1548	funds; recalls.-
1549	(5)  INSPECTION AND COPYING OF RECORDS.-The official
1550	records shall be maintained within the state and must be open to
1551	inspection and available for photocopying by members or their
1552	authorized agents at reasonable times and places within 10
1553	business days after receipt of a written request for access.
1554	This subsection may be complied with by having a copy of the
1555	official records available for inspection or copying in the
1556	community. If the association has a photocopy machine available
1557	where the records are maintained, it must provide parcel owners
1558	with copies on request during the inspection if the entire
1559	request is limited to no more than 25 pages.
1560	(c)  The association may adopt reasonable written rules
1561	governing the frequency, time, location, notice, records to be
1562	inspected, and manner of inspections, but may not require a
1563	parcel owner to demonstrate any proper purpose for the
1564	inspection, state any reason for the inspection, or limit a
1565	parcel owner's right to inspect records to less than one 8-hour
1566	business day per month. The association may impose fees to cover
1567	the costs of providing copies of the official records,
1568	including, without limitation, the costs of copying. The
1569	association may charge up to 50 cents per page for copies made
1570	on the association's photocopier. If the association does not
1571	have a photocopy machine available where the records are kept,
1572	or if the records requested to be copied exceed 25 pages in
1573	length, the association may have copies made by an outside
1574	vendor or association management company personnel and may
1575	charge the actual cost of copying, including any reasonable
1576	costs involving personnel fees and charges at an hourly rate for
1577	vendor or employee time to cover administrative costs to the
1578	vendor or association. The association shall maintain an
1579	adequate number of copies of the recorded governing documents,
1580	to ensure their availability to members and prospective members.
1581	Notwithstanding this paragraph, the following records are not
1582	accessible to members or parcel owners:
1583	1.  Any record protected by the lawyer-client privilege as
1584	described in s. 90.502 and any record protected by the work-
1585	product privilege, including, but not limited to, a any record
1586	prepared by an association attorney or prepared at the
1587	attorney's express direction which reflects a mental impression,
1588	conclusion, litigation strategy, or legal theory of the attorney
1589	or the association and which was prepared exclusively for civil
1590	or criminal litigation or for adversarial administrative
1591	proceedings or which was prepared in anticipation of such
1592	imminent civil or criminal litigation or imminent adversarial
1593	administrative proceedings until the conclusion of the
1594	litigation or administrative proceedings.
1595	2.  Information obtained by an association in connection
1596	with the approval of the lease, sale, or other transfer of a
1597	parcel.
1598	3.  Personnel records of the association's employees,
1599	including, but not limited to, disciplinary, payroll, health,
1600	and insurance records. For purposes of this subparagraph, the
1601	term "personnel records" does not include written employment
1602	agreements with an association employee or budgetary or
1603	financial records that indicate the compensation paid to an
1604	association employee.
1605	4.  Medical records of parcel owners or community
1606	residents.
1607	5.  Social security numbers, driver's license numbers,
1608	credit card numbers, electronic mailing addresses, telephone
1609	numbers, facsimile numbers, emergency contact information, any
1610	addresses for a parcel owner other than as provided for
1611	association notice requirements, and other personal identifying
1612	information of any person, excluding the person's name, parcel
1613	designation, mailing address, and property address. However, an
1614	owner may consent in writing to the disclosure of protected
1615	information described in this subparagraph. The association is
1616	not liable for the disclosure of information that is protected
1617	under this subparagraph if the information is included in an
1618	official record of the association and is voluntarily provided
1619	by an owner and not requested by the association.
1620	6.  Any electronic security measure that is used by the
1621	association to safeguard data, including passwords.
1622	7.  The software and operating system used by the
1623	association which allows the manipulation of data, even if the
1624	owner owns a copy of the same software used by the association.
1625	The data is part of the official records of the association.
1626	Section 18.  Section 720.305, Florida Statutes, is amended
1627	to read:
1628	720.305  Obligations of members; remedies at law or in
1629	equity; levy of fines and suspension of use rights.-
1630	(1)  Each member and the member's tenants, guests, and
1631	invitees, and each association, are governed by, and must comply
1632	with, this chapter, the governing documents of the community,
1633	and the rules of the association. Actions at law or in equity,
1634	or both, to redress alleged failure or refusal to comply with
1635	these provisions may be brought by the association or by any
1636	member against:
1637	(a)  The association;
1638	(b)  A member;
1639	(c)  Any director or officer of an association who
1640	willfully and knowingly fails to comply with these provisions;
1641	and
1642	(d)  Any tenants, guests, or invitees occupying a parcel or
1643	using the common areas.
1644
1645	The prevailing party in any such litigation is entitled to
1646	recover reasonable attorney's fees and costs. A member
1647	prevailing in an action between the association and the member
1648	under this section, in addition to recovering his or her
1649	reasonable attorney's fees, may recover additional amounts as
1650	determined by the court to be necessary to reimburse the member
1651	for his or her share of assessments levied by the association to
1652	fund its expenses of the litigation. This relief does not
1653	exclude other remedies provided by law. This section does not
1654	deprive any person of any other available right or remedy.
1655	(2)  The association If a member is delinquent for more
1656	than 90 days in paying a monetary obligation due the
1657	association, an association may suspend, until such monetary
1658	obligation is paid, the rights of a member or a member's
1659	tenants, guests, or invitees, or both, to use common areas and
1660	facilities and may levy reasonable fines of up to $100 per
1661	violation, against any member or any member's tenant, guest, or
1662	invitee for the failure of the owner of the parcel or its
1663	occupant, licensee, or invitee to comply with any provision of
1664	the declaration, the association bylaws, or reasonable rules of
1665	the association. A fine may be levied for each day of a
1666	continuing violation, with a single notice and opportunity for
1667	hearing, except that the a fine may not exceed $1,000 in the
1668	aggregate unless otherwise provided in the governing documents.
1669	A fine of less than $1,000 may not become a lien against a
1670	parcel. In any action to recover a fine, the prevailing party is
1671	entitled to collect its reasonable attorney's fees and costs
1672	from the nonprevailing party as determined by the court.
1673	(a)  An association may suspend, for a reasonable period of
1674	time, the right of a member, or a member's tenant, guest, or
1675	invitee, to use common areas and facilities for the failure of
1676	the owner of the parcel or its occupant, licensee, or invitee to
1677	comply with any provision of the declaration, the association
1678	bylaws, or reasonable rules of the association. The provisions
1679	regarding the suspension-of-use rights do not apply to the
1680	portion of common areas that must be used to provide access to
1681	the parcel or utility services provided to the parcel.
1682	(b)(a)  A fine or suspension may not be imposed without at
1683	least 14 days' notice to the person sought to be fined or
1684	suspended and an opportunity for a hearing before a committee of
1685	at least three members appointed by the board who are not
1686	officers, directors, or employees of the association, or the
1687	spouse, parent, child, brother, or sister of an officer,
1688	director, or employee. If the committee, by majority vote, does
1689	not approve a proposed fine or suspension, it may not be
1690	imposed. If the association imposes a fine or suspension, the
1691	association must provide written notice of such fine or
1692	suspension by mail or hand delivery to the parcel owner and, if
1693	applicable, to any tenant, licensee, or invitee of the parcel
1694	owner.
1695	(3)  If a member is more than 90 days delinquent in paying
1696	a monetary obligation due to the association, the association
1697	may suspend the rights of the member, or the member's tenant,
1698	guest, or invitee, to use common areas and facilities until the
1699	monetary obligation is paid in full. This subsection does not
1700	apply to that portion of common areas used to provide access or
1701	utility services to the parcel.
1702	(b)  Suspension does of common-area-use rights do not
1703	impair the right of an owner or tenant of a parcel to have
1704	vehicular and pedestrian ingress to and egress from the parcel,
1705	including, but not limited to, the right to park. The notice and
1706	hearing requirements under subsection (2) do not apply to a
1707	suspension imposed under this subsection.
1708	(4)(3)  If the governing documents so provide, An
1709	association may suspend the voting rights of a member for the
1710	nonpayment of any monetary obligation that is more than regular
1711	annual assessments that are delinquent in excess of 90 days
1712	delinquent. A voting interest or consent right allocated to a
1713	parcel which has been suspended by the association may not be
1714	exercised or considered for any purpose, including, but not
1715	limited to, a quorum, an election, or the votes required to
1716	approve an action under this chapter or pursuant to the
1717	governing documents. The notice and hearing requirements under
1718	subsection (3) do not apply to a suspension imposed under this
1719	subsection. The suspension ends upon full payment of all
1720	obligations currently due or overdue to the association.
1721	(5)  All suspensions imposed pursuant to subsection (3) or
1722	subsection (4) must be approved at a properly noticed board
1723	meeting. Upon approval, the association must notify the parcel
1724	owner and, if applicable, the parcel's occupant, licensee, or
1725	invitee by mail or hand delivery.
1726	Section 19.  Subsection (9) of section 720.306, Florida
1727	Statutes, is amended to read:
1728	720.306  Meetings of members; voting and election
1729	procedures; amendments.-
1730	(9)(a)  ELECTIONS AND BOARD VACANCIES.- Elections of
1731	directors must be conducted in accordance with the procedures
1732	set forth in the governing documents of the association. All
1733	members of the association are eligible to serve on the board of
1734	directors, and a member may nominate himself or herself as a
1735	candidate for the board at a meeting where the election is to be
1736	held or, if the election process allows voting by absentee
1737	ballot, in advance of the balloting. Except as otherwise
1738	provided in the governing documents, boards of directors must be
1739	elected by a plurality of the votes cast by eligible voters.
1740	(b)  A person who is delinquent in the payment of any fee,
1741	fine, or other monetary obligation to the association for more
1742	than 90 days is not eligible for board membership. A person who
1743	has been convicted of any felony in this state or in a United
1744	States District or Territorial Court, or has been convicted of
1745	any offense in another jurisdiction which would be considered a
1746	felony if committed in this state, is not eligible for board
1747	membership unless such felon's civil rights have been restored
1748	for at least 5 years as of the date on which such person seeks
1749	election to the board. The validity of any action by the board
1750	is not affected if it is later determined that a member of the
1751	board is ineligible for board membership.
1752	(c)  Any election dispute between a member and an
1753	association must be submitted to mandatory binding arbitration
1754	with the division. Such proceedings must be conducted in the
1755	manner provided by s. 718.1255 and the procedural rules adopted
1756	by the division. Unless otherwise provided in the bylaws, any
1757	vacancy occurring on the board before the expiration of a term
1758	may be filled by an affirmative vote of the majority of the
1759	remaining directors, even if the remaining directors constitute
1760	less than a quorum, or by the sole remaining director. In the
1761	alternative, a board may hold an election to fill the vacancy,
1762	in which case the election procedures must conform to the
1763	requirements of the governing documents. Unless otherwise
1764	provided in the bylaws, a board member appointed or elected
1765	under this section is appointed for the unexpired term of the
1766	seat being filled. Filling vacancies created by recall is
1767	governed by s. 720.303(10) and rules adopted by the division.
1768	Section 20.  Paragraph (a) of subsection (1) and
1769	subsections (3) and (8) of section 720.3085, Florida Statutes,
1770	are amended to read:
1771	720.3085  Payment for assessments; lien claims.-
1772	(1)  When authorized by the governing documents, the
1773	association has a lien on each parcel to secure the payment of
1774	assessments and other amounts provided for by this section.
1775	Except as otherwise set forth in this section, the lien is
1776	effective from and shall relate back to the date on which the
1777	original declaration of the community was recorded. However, as
1778	to first mortgages of record, the lien is effective from and
1779	after recording of a claim of lien in the public records of the
1780	county in which the parcel is located. This subsection does not
1781	bestow upon any lien, mortgage, or certified judgment of record
1782	on July 1, 2008, including the lien for unpaid assessments
1783	created in this section, a priority that, by law, the lien,
1784	mortgage, or judgment did not have before July 1, 2008.
1785	(a)  To be valid, a claim of lien must state the
1786	description of the parcel, the name of the record owner, the
1787	name and address of the association, the assessment amount due,
1788	and the due date. The claim of lien secures shall secure all
1789	unpaid assessments that are due and that may accrue subsequent
1790	to the recording of the claim of lien and before entry of a
1791	certificate of title, as well as interest, late charges, and
1792	reasonable costs and attorney's fees incurred by the association
1793	incident to the collection process. The person making the
1794	payment is entitled to a satisfaction of the lien upon payment
1795	in full.
1796	(3)  Assessments and installments on assessments that are
1797	not paid when due bear interest from the due date until paid at
1798	the rate provided in the declaration of covenants or the bylaws
1799	of the association, which rate may not exceed the rate allowed
1800	by law. If no rate is provided in the declaration or bylaws,
1801	interest accrues at the rate of 18 percent per year.
1802	(a)  If the declaration or bylaws so provide, the
1803	association may also charge an administrative late fee in an
1804	amount not to exceed the greater of $25 or 5 percent of the
1805	amount of each installment that is paid past the due date.
1806	(b)  Any payment received by an association and accepted
1807	shall be applied first to any interest accrued, then to any
1808	administrative late fee, then to any costs and reasonable
1809	attorney's fees incurred in collection, and then to the
1810	delinquent assessment. This paragraph applies notwithstanding
1811	any restrictive endorsement, designation, or instruction placed
1812	on or accompanying a payment. A late fee is not subject to the
1813	provisions of chapter 687 and is not a fine.
1814	(8)  If the parcel is occupied by a tenant and the parcel
1815	owner is delinquent in paying any monetary obligation due to the
1816	association, the association may demand that the tenant pay rent
1817	to the association and continue to make such payments until all
1818	the monetary obligations of the parcel owner related to the
1819	parcel have been paid in full and the future monetary
1820	obligations related to the parcel. The demand is continuing in
1821	nature, and upon demand, the tenant must continue to pay the
1822	monetary obligations until the association releases the tenant
1823	or until the tenant discontinues tenancy in the parcel. A tenant
1824	who acts in good faith in response to a written demand from an
1825	association is immune from any claim by from the parcel owner
1826	related to the rent once the association has made written
1827	demand. Any payment received from a tenant by the association
1828	must be applied to the parcel owner's oldest delinquent monetary
1829	obligation.
1830	(a)  If the tenant paid prepaid rent to the parcel owner
1831	for a given rental period before receiving the demand from the
1832	association and provides written evidence of prepaying paying
1833	the rent to the association within 14 days after receiving the
1834	demand, the tenant shall receive credit for the prepaid rent for
1835	the applicable period but and must make any subsequent rental
1836	payments to the association to be credited against the monetary
1837	obligations of the parcel owner to the association. The
1838	association shall, upon request, provide the tenant with written
1839	receipts for payments made. The association shall mail written
1840	notice to the parcel owner of the association's demand that the
1841	tenant pay monetary obligations to the association.
1842	(b)  The tenant is not liable for increases in the amount
1843	of the monetary obligations due unless the tenant was notified
1844	in writing of the increase at least 10 days before the date on
1845	which the rent is due. The liability of the tenant may not
1846	exceed the amount due from the tenant to the tenant's landlord.
1847	The tenant shall be given a credit against rents due to the
1848	parcel owner in the amount of assessments paid to the
1849	association.
1850	(c)  The association may issue notices under s. 83.56 and
1851	may sue for eviction under ss. 83.59-83.625 as if the
1852	association were a landlord under part II of chapter 83 if the
1853	tenant fails to pay a monetary obligation. However, the
1854	association is not otherwise considered a landlord under chapter
1855	83 and specifically has no obligations duties under s. 83.51.
1856	(d)  The tenant does not, by virtue of payment of monetary
1857	obligations, have any of the rights of a parcel owner to vote in
1858	any election or to examine the books and records of the
1859	association.
1860	(e)  A court may supersede the effect of this subsection by
1861	appointing a receiver.
1862	Section 21.  Section 720.309, Florida Statutes, is amended
1863	to read:
1864	720.309  Agreements entered into by the association.-
1865	(1)  Any grant or reservation made by any document, and any
1866	contract that has with a term greater than in excess of 10
1867	years, that is made by an association before control of the
1868	association is turned over to the members other than the
1869	developer, and that provides which provide for the operation,
1870	maintenance, or management of the association or common areas,
1871	must be fair and reasonable.
1872	(2)  If the governing documents provide for the cost of
1873	communications services as defined in s. 202.11, information
1874	services or Internet services obtained pursuant to a bulk
1875	contract shall be deemed an operating expense of the
1876	association. If the governing documents do not provide for such
1877	services, the board may contract for the services, and the cost
1878	shall be deemed an operating expense of the association but must
1879	be allocated on a per-parcel basis rather than a percentage
1880	basis, notwithstanding that the governing documents provide for
1881	other than an equal sharing of operating expenses. Any contract
1882	entered into before July 1, 2011, in which the cost of the
1883	service is not equally divided among all parcel owners may be
1884	changed by a majority of the voting interests present at a
1885	regular or special meeting of the association in order to
1886	allocate the cost equally among all parcels.
1887	(a)  Any contract entered into by the board may be canceled
1888	by a majority of the voting interests present at the next
1889	regular or special meeting of the association, whichever occurs
1890	first. Any member may make a motion to cancel such contract, but
1891	if no motion is made or if such motion fails to obtain the
1892	required vote, the contract shall be deemed ratified for the
1893	term expressed therein.
1894	(b)  Any contract entered into by the board must provide,
1895	and shall be deemed to provide if not expressly set forth
1896	therein, that a hearing-impaired or legally blind parcel owner
1897	who does not occupy the parcel with a non-hearing-impaired or
1898	sighted person, or a parcel owner who receives supplemental
1899	security income under Title XVI of the Social Security Act or
1900	food assistance as administered by the Department of Children
1901	and Family Services pursuant to s. 414.31, may discontinue the
1902	service without incurring disconnect fees, penalties, or
1903	subsequent service charges, and may not be required to pay any
1904	operating expenses charge related to such service for those
1905	parcels. If fewer than all parcel owners share the expenses of
1906	the communications services, information services, or Internet
1907	services, the expense must be shared by all participating parcel
1908	owners. The association may use the provisions of s. 720.3085 to
1909	enforce payment by the parcel owners receiving such services.
1910	(c)  A resident of any parcel, whether a tenant or parcel
1911	owner, may not be denied access to available franchised,
1912	licensed, or certificated cable or video service providers if
1913	the resident pays the provider directly for services. A resident
1914	or a cable or video service provider may not be required to pay
1915	anything of value in order to obtain or provide such service
1916	except for the charges normally paid for like services by
1917	residents of single-family homes located outside the community
1918	but within the same franchised, licensed, or certificated area,
1919	and except for installation charges agreed to between the
1920	resident and the service provider.
1921	Section 22.  This act shall take effect July 1, 2011.

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