CS/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	the rights of a member of a homeowners' association to
71	speak at meetings of the board; revising provisions
72	relating to records that are not accessible to members of
73	a homeowners' association; providing for disclosure of
74	employment agreements with and compensation paid to
75	association employees; amending s. 720.305, F.S.; revising
76	provisions relating to imposing remedies against a
77	delinquent member of a homeowners' association or any
78	member's tenant, guest, or invitee; providing for the
79	suspension of certain rights of use; revising provisions
80	relating to the suspension of a member's voting rights;
81	requiring that the suspension of certain rights of use and
82	voting rights be approved at a noticed board meeting;
83	amending s. 720.306, F.S.; specifying additional
84	requirements for candidates to be a member of the board of
85	a homeowners' association; amending s. 720.3085, F.S.;
86	requiring any rent payments received by an association
87	from a tenant to be applied to the parcel owner's oldest
88	delinquent monetary obligation; amending s. 720.309, F.S.;
89	providing for the allocation of communications services by
90	a homeowners' association; providing for the cancellation
91	of communication contracts; providing that hearing-
92	impaired or legally blind parcel owners and parcel owners
93	receiving certain supplemental security income or food
94	assistance may discontinue the service without incurring
95	certain costs; providing that parcel residents may not be
96	denied access to available franchised, licensed, or
97	certificated cable or video service providers under
98	certain circumstances; providing an effective date.
99
100	Be It Enacted by the Legislature of the State of Florida:
101
102	Section 1.  Subsection (14) of section 633.0215, Florida
103	Statutes, is amended to read:
104	633.0215  Florida Fire Prevention Code.-
105	(14)  A condominium, cooperative, or multifamily
106	residential building that is less than four one or two stories
107	in height and has an exterior corridor providing a means of
108	egress is exempt from installing a manual fire alarm system as
109	required in s. 9.6 of the most recent edition of the Life Safety
110	Code adopted in the Florida Fire Prevention Code. This
111	subsection is intended to clarify existing law.
112	Section 2.  Paragraphs (a) and (c) of subsection (12) of
113	section 718.111, Florida Statutes, are amended to read:
114	718.111  The association.-
115	(12)  OFFICIAL RECORDS.-
116	(a)  From the inception of the association, the association
117	shall maintain each of the following items, if applicable, which
118	constitutes shall constitute the official records of the
119	association:
120	1.  A copy of the plans, permits, warranties, and other
121	items provided by the developer pursuant to s. 718.301(4).
122	2.  A photocopy of the recorded declaration of condominium
123	of each condominium operated by the association and of each
124	amendment to each declaration.
125	3.  A photocopy of the recorded bylaws of the association
126	and of each amendment to the bylaws.
127	4.  A certified copy of the articles of incorporation of
128	the association, or other documents creating the association,
129	and of each amendment thereto.
130	5.  A copy of the current rules of the association.
131	6.  A book or books that which contain the minutes of all
132	meetings of the association, of the board of administration, and
133	the of unit owners, which minutes must be retained for at least
134	7 years.
135	7.  A current roster of all unit owners and their mailing
136	addresses, unit identifications, voting certifications, and, if
137	known, telephone numbers. The association shall also maintain
138	the electronic mailing addresses and facsimile the numbers
139	designated by unit owners for receiving notice sent by
140	electronic transmission of those unit owners consenting to
141	receive notice by electronic transmission. The electronic
142	mailing addresses and facsimile telephone numbers are not
143	accessible to unit owners must be removed from association
144	records if consent to receive notice by electronic transmission
145	is not provided in accordance with subparagraph (c)5 revoked.
146	However, the association is not liable for an inadvertent
147	erroneous disclosure of the electronic mail address or facsimile
148	the number for receiving electronic transmission of notices.
149	8.  All current insurance policies of the association and
150	condominiums operated by the association.
151	9.  A current copy of any management agreement, lease, or
152	other contract to which the association is a party or under
153	which the association or the unit owners have an obligation or
154	responsibility.
155	10.  Bills of sale or transfer for all property owned by
156	the association.
157	11.  Accounting records for the association and separate
158	accounting records for each condominium that which the
159	association operates. All accounting records must shall be
160	maintained for at least 7 years. Any person who knowingly or
161	intentionally defaces or destroys such accounting records
162	required to be created and maintained by this chapter during the
163	period for which such records are required to be maintained, or
164	who knowingly or intentionally fails to create or maintain such
165	records, with the intent of causing harm to the association or
166	one or more of its members, is personally subject to a civil
167	penalty pursuant to s. 718.501(1)(d). The accounting records
168	must include, but are not limited to:
169	a.  Accurate, itemized, and detailed records of all
170	receipts and expenditures.
171	b.  A current account and a monthly, bimonthly, or
172	quarterly statement of the account for each unit designating the
173	name of the unit owner, the due date and amount of each
174	assessment, the amount paid on upon the account, and the balance
175	due.
176	c.  All audits, reviews, accounting statements, and
177	financial reports of the association or condominium.
178	d.  All contracts for work to be performed. Bids for work
179	to be performed are also considered official records and must be
180	maintained by the association.
181	12.  Ballots, sign-in sheets, voting proxies, and all other
182	papers relating to voting by unit owners, which must be
183	maintained for 1 year from the date of the election, vote, or
184	meeting to which the document relates, notwithstanding paragraph
185	(b).
186	13.  All rental records if the association is acting as
187	agent for the rental of condominium units.
188	14.  A copy of the current question and answer sheet as
189	described in s. 718.504.
190	15.  All other records of the association not specifically
191	included in the foregoing which are related to the operation of
192	the association.
193	16.  A copy of the inspection report as described provided
194	in s. 718.301(4)(p).
195	(c)  The official records of the association are open to
196	inspection by any association member or the authorized
197	representative of such member at all reasonable times. The right
198	to inspect the records includes the right to make or obtain
199	copies, at the reasonable expense, if any, of the member. The
200	association may adopt reasonable rules regarding the frequency,
201	time, location, notice, and manner of record inspections and
202	copying. The failure of an association to provide the records
203	within 10 working days after receipt of a written request
204	creates a rebuttable presumption that the association willfully
205	failed to comply with this paragraph. A unit owner who is denied
206	access to official records is entitled to the actual damages or
207	minimum damages for the association's willful failure to comply.
208	Minimum damages are shall be $50 per calendar day for up to 10
209	days, beginning the calculation to begin on the 11th working day
210	after receipt of the written request. The failure to permit
211	inspection of the association records as provided herein
212	entitles any person prevailing in an enforcement action to
213	recover reasonable attorney's fees from the person in control of
214	the records who, directly or indirectly, knowingly denied access
215	to the records. Any person who knowingly or intentionally
216	defaces or destroys accounting records that are required by this
217	chapter to be maintained during the period for which such
218	records are required to be maintained, or who knowingly or
219	intentionally fails to create or maintain accounting records
220	that are required to be created or maintained, with the intent
221	of causing harm to the association or one or more of its
222	members, is personally subject to a civil penalty pursuant to s.
223	718.501(1)(d). The association shall maintain an adequate number
224	of copies of the declaration, articles of incorporation, bylaws,
225	and rules, and all amendments to each of the foregoing, as well
226	as the question and answer sheet as described provided for in s.
227	718.504 and year-end financial information required under in
228	this section, on the condominium property to ensure their
229	availability to unit owners and prospective purchasers, and may
230	charge its actual costs for preparing and furnishing these
231	documents to those requesting the documents. Notwithstanding the
232	provisions of this paragraph, the following records are not
233	accessible to unit owners:
234	1.  Any record protected by the lawyer-client privilege as
235	described in s. 90.502; and any record protected by the work-
236	product privilege, including a any record prepared by an
237	association attorney or prepared at the attorney's express
238	direction,; which reflects a mental impression, conclusion,
239	litigation strategy, or legal theory of the attorney or the
240	association, and which was prepared exclusively for civil or
241	criminal litigation or for adversarial administrative
242	proceedings, or which was prepared in anticipation of such
243	imminent civil or criminal litigation or imminent adversarial
244	administrative proceedings until the conclusion of the
245	litigation or adversarial administrative proceedings.
246	2.  Information obtained by an association in connection
247	with the approval of the lease, sale, or other transfer of a
248	unit.
249	3.  Personnel records of association or management company
250	employees, including, but not limited to, disciplinary, payroll,
251	health, and insurance records. For purposes of this
252	subparagraph, the term "personnel records" does not include
253	written employment agreements with an association employee or
254	management company, or budgetary or financial records that
255	indicate the compensation paid to an association employee.
256	4.  Medical records of unit owners.
257	5.  Social security numbers, driver's license numbers,
258	credit card numbers, e-mail addresses, telephone numbers,
259	facsimile numbers, emergency contact information, any addresses
260	of a unit owner other than as provided to fulfill the
261	association's notice requirements, and other personal
262	identifying information of any person, excluding the person's
263	name, unit designation, mailing address, and property address,
264	and any address, e-mail address, or facsimile number provided to
265	the association to fulfill the association's notice
266	requirements. However, an owner may consent in writing to the
267	disclosure of protected information described in this
268	subparagraph. The association is not liable for the inadvertent
269	disclosure of information that is protected under this
270	subparagraph if the information is included in an official
271	record of the association and is voluntarily provided by an
272	owner and not requested by the association.
273	6.  Any Electronic security measures measure that are is
274	used by the association to safeguard data, including passwords.
275	7.  The software and operating system used by the
276	association which allow the allows manipulation of data, even if
277	the owner owns a copy of the same software used by the
278	association. The data is part of the official records of the
279	association.
280	Section 3.  Paragraphs (b), (c), and (d) of subsection (2)
281	of section 718.112, Florida Statutes, are amended to read:
282	718.112  Bylaws.-
283	(2)  REQUIRED PROVISIONS.-The bylaws shall provide for the
284	following and, if they do not do so, shall be deemed to include
285	the following:
286	(b)  Quorum; voting requirements; proxies.-
287	1.  Unless a lower number is provided in the bylaws, the
288	percentage of voting interests required to constitute a quorum
289	at a meeting of the members is shall be a majority of the voting
290	interests. Unless otherwise provided in this chapter or in the
291	declaration, articles of incorporation, or bylaws, and except as
292	provided in subparagraph (d)4. (d)3., decisions shall be made by
293	owners of a majority of the voting interests represented at a
294	meeting at which a quorum is present.
295	2.  Except as specifically otherwise provided herein, after
296	January 1, 1992, unit owners may not vote by general proxy, but
297	may vote by limited proxies substantially conforming to a
298	limited proxy form adopted by the division. A No voting interest
299	or consent right allocated to a unit owned by the association
300	may not shall be exercised or considered for any purpose,
301	whether for a quorum, an election, or otherwise. Limited proxies
302	and general proxies may be used to establish a quorum. Limited
303	proxies shall be used for votes taken to waive or reduce
304	reserves in accordance with subparagraph (f)2.; for votes taken
305	to waive the financial reporting requirements of s. 718.111(13);
306	for votes taken to amend the declaration pursuant to s. 718.110;
307	for votes taken to amend the articles of incorporation or bylaws
308	pursuant to this section; and for any other matter for which
309	this chapter requires or permits a vote of the unit owners.
310	Except as provided in paragraph (d), a after January 1, 1992, no
311	proxy, limited or general, may not shall be used in the election
312	of board members. General proxies may be used for other matters
313	for which limited proxies are not required, and may also be used
314	in voting for nonsubstantive changes to items for which a
315	limited proxy is required and given. Notwithstanding the
316	provisions of this subparagraph, unit owners may vote in person
317	at unit owner meetings. This subparagraph does not Nothing
318	contained herein shall limit the use of general proxies or
319	require the use of limited proxies for any agenda item or
320	election at any meeting of a timeshare condominium association.
321	3.  Any proxy given is shall be effective only for the
322	specific meeting for which originally given and any lawfully
323	adjourned meetings thereof. A In no event shall any proxy is not
324	be valid for a period longer than 90 days after the date of the
325	first meeting for which it was given. Every proxy is revocable
326	at any time at the pleasure of the unit owner executing it.
327	4.  A member of the board of administration or a committee
328	may submit in writing his or her agreement or disagreement with
329	any action taken at a meeting that the member did not attend.
330	This agreement or disagreement may not be used as a vote for or
331	against the action taken or to create and may not be used for
332	the purposes of creating a quorum.
333	5.  If When any of the board or committee members meet by
334	telephone conference, those board or committee members attending
335	by telephone conference may be counted toward obtaining a quorum
336	and may vote by telephone. A telephone speaker must be used so
337	that the conversation of those board or committee members
338	attending by telephone may be heard by the board or committee
339	members attending in person as well as by any unit owners
340	present at a meeting.
341	(c)  Board of administration meetings.-Meetings of the
342	board of administration at which a quorum of the members is
343	present are shall be open to all unit owners. A Any unit owner
344	may tape record or videotape the meetings of the board of
345	administration. The right to attend such meetings includes the
346	right to speak at such meetings with reference to all designated
347	agenda items. The division shall adopt reasonable rules
348	governing the tape recording and videotaping of the meeting. The
349	association may adopt written reasonable rules governing the
350	frequency, duration, and manner of unit owner statements.
351	1.  Adequate notice of all board meetings, which must
352	notice shall specifically identify all incorporate an
353	identification of agenda items, must shall be posted
354	conspicuously on the condominium property at least 48 continuous
355	hours before preceding the meeting except in an emergency. If 20
356	percent of the voting interests petition the board to address an
357	item of business, the board shall at its next regular board
358	meeting or at a special meeting of the board, but not later than
359	60 days after the receipt of the petition, shall place the item
360	on the agenda. Any item not included on the notice may be taken
361	up on an emergency basis by at least a majority plus one of the
362	board members of the board. Such emergency action must shall be
363	noticed and ratified at the next regular board meeting of the
364	board. However, written notice of any meeting at which
365	nonemergency special assessments, or at which amendment to rules
366	regarding unit use, will be considered must shall be mailed,
367	delivered, or electronically transmitted to the unit owners and
368	posted conspicuously on the condominium property at least not
369	less than 14 days before prior to the meeting. Evidence of
370	compliance with this 14-day notice requirement must shall be
371	made by an affidavit executed by the person providing the notice
372	and filed with among the official records of the association.
373	Upon notice to the unit owners, the board shall, by duly adopted
374	rule, designate a specific location on the condominium property
375	or association property where upon which all notices of board
376	meetings are to shall be posted. If there is no condominium
377	property or association property where upon which notices can be
378	posted, notices of board meetings shall be mailed, delivered, or
379	electronically transmitted at least 14 days before the meeting
380	to the owner of each unit. In lieu of or in addition to the
381	physical posting of the notice of any meeting of the board of
382	administration on the condominium property, the association may,
383	by reasonable rule, adopt a procedure for conspicuously posting
384	and repeatedly broadcasting the notice and the agenda on a
385	closed-circuit cable television system serving the condominium
386	association. However, if broadcast notice is used in lieu of a
387	notice posted physically posted on the condominium property, the
388	notice and agenda must be broadcast at least four times every
389	broadcast hour of each day that a posted notice is otherwise
390	required under this section. If When broadcast notice is
391	provided, the notice and agenda must be broadcast in a manner
392	and for a sufficient continuous length of time so as to allow an
393	average reader to observe the notice and read and comprehend the
394	entire content of the notice and the agenda. Notice of any
395	meeting in which regular or special assessments against unit
396	owners are to be considered for any reason must shall
397	specifically state that assessments will be considered and
398	provide the nature, estimated cost, and description of the
399	purposes for such assessments.
400	2.  Meetings of a committee to take final action on behalf
401	of the board or make recommendations to the board regarding the
402	association budget are subject to the provisions of this
403	paragraph. Meetings of a committee that does not take final
404	action on behalf of the board or make recommendations to the
405	board regarding the association budget are subject to the
406	provisions of this section, unless those meetings are exempted
407	from this section by the bylaws of the association.
408	3.  Notwithstanding any other law, the requirement that
409	board meetings and committee meetings be open to the unit owners
410	does not apply is inapplicable to:
411	a.  Meetings between the board or a committee and the
412	association's attorney, with respect to proposed or pending
413	litigation, if when the meeting is held for the purpose of
414	seeking or rendering legal advice; or
415	b.  Board meetings held for the purpose of discussing
416	personnel matters.
417	(d)  Unit owner meetings.-
418	1.  An annual meeting of the unit owners shall be held at
419	the location provided in the association bylaws and, if the
420	bylaws are silent as to the location, the meeting shall be held
421	within 45 miles of the condominium property. However, such
422	distance requirement does not apply to an association governing
423	a timeshare condominium.
424	2.  Unless the bylaws provide otherwise, a vacancy on the
425	board caused by the expiration of a director's term shall be
426	filled by electing a new board member, and the election must be
427	by secret ballot. An election is not required However, if the
428	number of vacancies equals or exceeds the number of candidates,
429	an election is not required. For purposes of this paragraph, the
430	term "candidate" means an eligible person who has timely
431	submitted the written notice, as described in sub-subparagraph
432	4.a., of his or her intention to become a candidate. Except in a
433	timeshare condominium, or if the staggered term of a board
434	member does not expire until a later annual meeting, or if all
435	members terms would otherwise expire but there are no
436	candidates, the terms of all board members of the board expire
437	at the annual meeting, and such board members may stand for
438	reelection unless prohibited otherwise permitted by the bylaws.
439	If the bylaws permit staggered terms of no more than 2 years and
440	upon approval of a majority of the total voting interests, the
441	association board members may serve 2-year staggered terms. If
442	the number of board members whose terms expire at the annual
443	meeting equals or have expired exceeds the number of candidates,
444	the candidates become members of the board effective upon the
445	adjournment of the annual meeting. Unless the bylaws provide
446	otherwise, any remaining vacancies shall be filled by the
447	affirmative vote of the majority of the directors making up the
448	newly constituted board even if the directors constitute less
449	than a quorum or there is only one director eligible members
450	showing interest in or demonstrating an intention to run for the
451	vacant positions, each board member whose term has expired is
452	eligible for reappointment to the board of administration and
453	need not stand for reelection. In a condominium association of
454	more than 10 units or in a condominium association that does not
455	include timeshare units or timeshare interests, coowners of a
456	unit may not serve as members of the board of directors at the
457	same time unless they own more than one unit or unless there are
458	not enough eligible candidates to fill the vacancies on the
459	board at the time of the vacancy. Any unit owner desiring to be
460	a candidate for board membership must comply with sub-
461	subparagraph 4.a. and must be eligible to serve on the board of
462	directors at the time of the deadline for submitting a notice of
463	intent to run in order to have his or her name listed as a
464	proper candidate on the ballot or to serve on the board 3.a. A
465	person who has been suspended or removed by the division under
466	this chapter, or who is delinquent in the payment of any fee,
467	fine, or special or regular assessment as provided in paragraph
468	(n), is not eligible for board membership. A person who has been
469	convicted of any felony in this state or in a United States
470	District or Territorial Court, or who has been convicted of any
471	offense in another jurisdiction which that would be considered a
472	felony if committed in this state, is not eligible for board
473	membership unless such felon's civil rights have been restored
474	for at least 5 years as of the date on which such person seeks
475	election to the board. The validity of an action by the board is
476	not affected if it is later determined that a board member of
477	the board is ineligible for board membership due to having been
478	convicted of a felony.
479	3.2.  The bylaws must provide the method of calling
480	meetings of unit owners, including annual meetings. Written
481	notice, which must include an agenda, must shall be mailed, hand
482	delivered, or electronically transmitted to each unit owner at
483	least 14 days before the annual meeting, and must be posted in a
484	conspicuous place on the condominium property at least 14
485	continuous days before preceding the annual meeting. Upon notice
486	to the unit owners, the board shall, by duly adopted rule,
487	designate a specific location on the condominium property or
488	association property where upon which all notices of unit owner
489	meetings shall be posted. This requirement does not apply
490	However, if there is no condominium property or association
491	property for posting upon which notices can be posted, this
492	requirement does not apply. In lieu of, or in addition to, the
493	physical posting of meeting notices, the association may, by
494	reasonable rule, adopt a procedure for conspicuously posting and
495	repeatedly broadcasting the notice and the agenda on a closed-
496	circuit cable television system serving the condominium
497	association. However, if broadcast notice is used in lieu of a
498	notice posted physically on the condominium property, the notice
499	and agenda must be broadcast at least four times every broadcast
500	hour of each day that a posted notice is otherwise required
501	under this section. If broadcast notice is provided, the notice
502	and agenda must be broadcast in a manner and for a sufficient
503	continuous length of time so as to allow an average reader to
504	observe the notice and read and comprehend the entire content of
505	the notice and the agenda. Unless a unit owner waives in writing
506	the right to receive notice of the annual meeting, such notice
507	must be hand delivered, mailed, or electronically transmitted to
508	each unit owner. Notice for meetings and notice for all other
509	purposes must be mailed to each unit owner at the address last
510	furnished to the association by the unit owner, or hand
511	delivered to each unit owner. However, if a unit is owned by
512	more than one person, the association must shall provide notice,
513	for meetings and all other purposes, to the that one address
514	that which the developer initially identifies for that purpose
515	and thereafter as one or more of the owners of the unit shall
516	advise the association in writing, or if no address is given or
517	the owners of the unit do not agree, to the address provided on
518	the deed of record. An officer of the association, or the
519	manager or other person providing notice of the association
520	meeting, must shall provide an affidavit or United States Postal
521	Service certificate of mailing, to be included in the official
522	records of the association affirming that the notice was mailed
523	or hand delivered, in accordance with this provision.
524	4.3.  The members of the board shall be elected by written
525	ballot or voting machine. Proxies may not be used in electing
526	the board in general elections or elections to fill vacancies
527	caused by recall, resignation, or otherwise, unless otherwise
528	provided in this chapter.
529	a.  At least 60 days before a scheduled election, the
530	association shall mail, deliver, or electronically transmit,
531	whether by separate association mailing or included in another
532	association mailing, delivery, or transmission, including
533	regularly published newsletters, to each unit owner entitled to
534	a vote, a first notice of the date of the election. Any unit
535	owner or other eligible person desiring to be a candidate for
536	the board must give written notice of his or her intent to be a
537	candidate to the association at least 40 days before a scheduled
538	election. Together with the written notice and agenda as set
539	forth in subparagraph 3. 2., the association shall mail,
540	deliver, or electronically transmit a second notice of the
541	election to all unit owners entitled to vote, together with a
542	ballot that lists all candidates. Upon request of a candidate,
543	an information sheet, no larger than 8 1/2 inches by 11 inches,
544	which must be furnished by the candidate at least 35 days before
545	the election, must be included with the mailing, delivery, or
546	transmission of the ballot, with the costs of mailing, delivery,
547	or electronic transmission and copying to be borne by the
548	association. The association is not liable for the contents of
549	the information sheets prepared by the candidates. In order to
550	reduce costs, the association may print or duplicate the
551	information sheets on both sides of the paper. The division
552	shall by rule establish voting procedures consistent with this
553	sub-subparagraph, including rules establishing procedures for
554	giving notice by electronic transmission and rules providing for
555	the secrecy of ballots. Elections shall be decided by a
556	plurality of those ballots cast. There is no quorum requirement;
557	however, at least 20 percent of the eligible voters must cast a
558	ballot in order to have a valid election of members of the
559	board. A unit owner may not permit any other person to vote his
560	or her ballot, and any ballots improperly cast are invalid. A,
561	provided any unit owner who violates this provision may be fined
562	by the association in accordance with s. 718.303. A unit owner
563	who needs assistance in casting the ballot for the reasons
564	stated in s. 101.051 may obtain such assistance. The regular
565	election must occur on the date of the annual meeting. This sub-
566	subparagraph does not apply to timeshare condominium
567	associations. Notwithstanding this sub-subparagraph, an election
568	is not required unless more candidates file notices of intent to
569	run or are nominated than board vacancies exist.
570	b.  Within 90 days after being elected or appointed to the
571	board, each newly elected or appointed director shall certify in
572	writing to the secretary of the association that he or she has
573	read the association's declaration of condominium, articles of
574	incorporation, bylaws, and current written policies; that he or
575	she will work to uphold such documents and policies to the best
576	of his or her ability; and that he or she will faithfully
577	discharge his or her fiduciary responsibility to the
578	association's members. In lieu of this written certification,
579	within 90 days after being elected or appointed to the board,
580	the newly elected or appointed director may submit a certificate
581	of having satisfactorily completed satisfactory completion of
582	the educational curriculum administered by a division-approved
583	condominium education provider within 1 year before or 90 days
584	after the date of election or appointment. The written
585	certification or educational certificate is valid and does not
586	have to be resubmitted as long as the director serves on the
587	board without interruption. A director who fails to timely file
588	the written certification or educational certificate is
589	suspended from service on the board until he or she complies
590	with this sub-subparagraph. The board may temporarily fill the
591	vacancy during the period of suspension. The secretary shall
592	cause the association to retain a director's written
593	certification or educational certificate for inspection by the
594	members for 5 years after a director's election. Failure to have
595	such written certification or educational certificate on file
596	does not affect the validity of any board action. This chapter
597	does not limit the use of general or limited proxies, require
598	the use of general or limited proxies, or require the use of a
599	written ballot or voting machine for any agenda item or election
600	at any meeting of a timeshare condominium association.
601	5.4.  Any approval by unit owners called for by this
602	chapter or the applicable declaration or bylaws, including, but
603	not limited to, the approval requirement in s. 718.111(8), must
604	shall be made at a duly noticed meeting of unit owners and is
605	subject to all requirements of this chapter or the applicable
606	condominium documents relating to unit owner decisionmaking,
607	except that unit owners may take action by written agreement,
608	without meetings, on matters for which action by written
609	agreement without meetings is expressly allowed by the
610	applicable bylaws or declaration or any law statute that
611	provides for such action.
612	6.5.  Unit owners may waive notice of specific meetings if
613	allowed by the applicable bylaws or declaration or any law
614	statute. If authorized by the bylaws, notice of meetings of the
615	board of administration, unit owner meetings, except unit owner
616	meetings called to recall board members under paragraph (j), and
617	committee meetings may be given by electronic transmission to
618	unit owners who consent to receive notice by electronic
619	transmission.
620	7.6.  Unit owners shall have the right to participate in
621	meetings of unit owners with reference to all designated agenda
622	items. However, the association may adopt reasonable rules
623	governing the frequency, duration, and manner of unit owner
624	participation.
625	8.7.  A Any unit owner may tape record or videotape a
626	meeting of the unit owners subject to reasonable rules adopted
627	by the division.
628	9.8.  Unless otherwise provided in the bylaws, any vacancy
629	occurring on the board before the expiration of a term may be
630	filled by the affirmative vote of the majority of the remaining
631	directors, even if the remaining directors constitute less than
632	a quorum, or by the sole remaining director. In the alternative,
633	a board may hold an election to fill the vacancy, in which case
634	the election procedures must conform to the requirements of sub-
635	subparagraph 4.a. 3.a. unless the association governs 10 units
636	or fewer and has opted out of the statutory election process, in
637	which case the bylaws of the association control. Unless
638	otherwise provided in the bylaws, a board member appointed or
639	elected under this section shall fill the vacancy for the
640	unexpired term of the seat being filled. Filling vacancies
641	created by recall is governed by paragraph (j) and rules adopted
642	by the division.
643
644	Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a.
645	(d)3.a., an association of 10 or fewer units may, by affirmative
646	vote of a majority of the total voting interests, provide for
647	different voting and election procedures in its bylaws, which
648	vote may be by a proxy specifically delineating the different
649	voting and election procedures. The different voting and
650	election procedures may provide for elections to be conducted by
651	limited or general proxy.
652	Section 4.  Subsection (5) of section 718.113, Florida
653	Statutes, is amended to read:
654	718.113  Maintenance; limitation upon improvement; display
655	of flag; hurricane shutters; display of religious decorations.-
656	(5)  Each board of administration shall adopt hurricane
657	shutter specifications for each building within each condominium
658	operated by the association which shall include color, style,
659	and other factors deemed relevant by the board. All
660	specifications adopted by the board must shall comply with the
661	applicable building code.
662	(a)  The board may, subject to the provisions of s.
663	718.3026, and the approval of a majority of voting interests of
664	the condominium, install hurricane shutters, impact glass or
665	other code-compliant windows, or hurricane protection that
666	complies with or exceeds the applicable building code. However,
667	or both, except that a vote of the owners is not required if the
668	maintenance, repair, and replacement of hurricane shutters,
669	impact glass, or other code-compliant windows or other forms of
670	hurricane protection are the responsibility of the association
671	pursuant to the declaration of condominium. If However, where
672	hurricane protection or laminated glass or window film
673	architecturally designed to function as hurricane protection
674	which complies with or exceeds the current applicable building
675	code has been previously installed, the board may not install
676	hurricane shutters, or other hurricane protection, or impact
677	glass or other code-compliant windows except upon approval by a
678	majority vote of the voting interests.
679	(b)  The association is shall be responsible for the
680	maintenance, repair, and replacement of the hurricane shutters
681	or other hurricane protection authorized by this subsection if
682	such hurricane shutters or other hurricane protection is the
683	responsibility of the association pursuant to the declaration of
684	condominium. If the hurricane shutters or other hurricane
685	protection authorized by this subsection are the responsibility
686	of the unit owners pursuant to the declaration of condominium,
687	the responsibility for the maintenance, repair, and replacement
688	of such items are shall be the responsibility of the unit owner.
689	(c)  The board may operate shutters installed pursuant to
690	this subsection without permission of the unit owners only if
691	where such operation is necessary to preserve and protect the
692	condominium property and association property. The installation,
693	replacement, operation, repair, and maintenance of such shutters
694	in accordance with the procedures set forth in this paragraph
695	are herein shall not be deemed a material alteration to the
696	common elements or association property within the meaning of
697	this section.
698	(d)  Notwithstanding any other provision to the contrary in
699	the condominium documents, if approval is required by the
700	documents, a board may shall not refuse to approve the
701	installation or replacement of hurricane shutters by a unit
702	owner conforming to the specifications adopted by the board.
703	Section 5.  Section 718.114, Florida Statutes, is amended
704	to read:
705	718.114  Association powers.-An association may has the
706	power to enter into agreements, to acquire leaseholds,
707	memberships, and other possessory or use interests in lands or
708	facilities such as country clubs, golf courses, marinas, and
709	other recreational facilities,. It has this power whether or not
710	the lands or facilities are contiguous to the lands of the
711	condominium, if such lands and facilities they are intended to
712	provide enjoyment, recreation, or other use or benefit to the
713	unit owners. All of these leaseholds, memberships, and other
714	possessory or use interests existing or created at the time of
715	recording the declaration must be stated and fully described in
716	the declaration. Subsequent to the recording of the declaration,
717	agreements acquiring these leaseholds, memberships, or other
718	possessory or use interests which are not entered into within 12
719	months following the recording of the declaration are shall be
720	considered a material alteration or substantial addition to the
721	real property that is association property, and the association
722	may not acquire or enter into such agreements acquiring these
723	leaseholds, memberships, or other possessory or use interests
724	except upon a vote of, or written consent by, a majority of the
725	total voting interests or as authorized by the declaration as
726	provided in s. 718.113. The declaration may provide that the
727	rental, membership fees, operations, replacements, and other
728	expenses are common expenses and may impose covenants and
729	restrictions concerning their use and may contain other
730	provisions not inconsistent with this chapter. A condominium
731	association may conduct bingo games as provided in s. 849.0931.
732	Section 6.  Subsection (3), paragraph (b) of subsection
733	(5), and subsection (11) of section 718.116, Florida Statutes,
734	are amended to read:
735	718.116  Assessments; liability; lien and priority;
736	interest; collection.-
737	(3)  Assessments and installments on assessments which are
738	not paid when due bear interest at the rate provided in the
739	declaration, from the due date until paid. The This rate may not
740	exceed the rate allowed by law, and, if no rate is provided in
741	the declaration, interest accrues at the rate of 18 percent per
742	year. Also, If provided by the declaration or bylaws, the
743	association may, in addition to such interest, charge an
744	administrative late fee of up to the greater of $25 or 5 percent
745	of each installment of the assessment for each delinquent
746	installment for which the payment is late. Any payment received
747	by an association must be applied first to any interest accrued
748	by the association, then to any administrative late fee, then to
749	any costs and reasonable attorney's fees incurred in collection,
750	and then to the delinquent assessment. The foregoing is
751	applicable notwithstanding any restrictive endorsement,
752	designation, or instruction placed on or accompanying a payment.
753	A late fee is not subject to chapter 687 or s. 718.303(4)(3).
754	(5)
755	(b)  To be valid, a claim of lien must state the
756	description of the condominium parcel, the name of the record
757	owner, the name and address of the association, the amount due,
758	and the due dates. It must be executed and acknowledged by an
759	officer or authorized agent of the association. The lien is not
760	effective longer than 1 year after the claim of lien was
761	recorded unless, within that time, an action to enforce the lien
762	is commenced. The 1-year period is automatically extended for
763	any length of time during which the association is prevented
764	from filing a foreclosure action by an automatic stay resulting
765	from a bankruptcy petition filed by the parcel owner or any
766	other person claiming an interest in the parcel. The claim of
767	lien secures all unpaid assessments that are due and that may
768	accrue after the claim of lien is recorded and through the entry
769	of a final judgment, as well as interest and all reasonable
770	costs and attorney's fees incurred by the association incident
771	to the collection process. Upon payment in full, the person
772	making the payment is entitled to a satisfaction of the lien.
773
774	After notice of contest of lien has been recorded, the clerk of
775	the circuit court shall mail a copy of the recorded notice to
776	the association by certified mail, return receipt requested, at
777	the address shown in the claim of lien or most recent amendment
778	to it and shall certify to the service on the face of the
779	notice. Service is complete upon mailing. After service, the
780	association has 90 days in which to file an action to enforce
781	the lien; and, if the action is not filed within the 90-day
782	period, the lien is void. However, the 90-day period shall be
783	extended for any length of time during which that the
784	association is prevented from filing its action because of an
785	automatic stay resulting from the filing of a bankruptcy
786	petition by the unit owner or by any other person claiming an
787	interest in the parcel.
788	(11)  If the unit is occupied by a tenant and the unit
789	owner is delinquent in paying any monetary obligation due to the
790	association, the association may make a written demand that the
791	tenant pay rent to the association the future monetary
792	obligations related to the condominium unit to the association,
793	and continue to the tenant must make such payments until all
794	monetary obligations of the unit owner related to the unit have
795	been paid in full to the association payment. The demand is
796	continuing in nature and, upon demand, The tenant must pay the
797	monetary obligations to the association until the association
798	releases the tenant or the tenant discontinues tenancy in the
799	unit. The association must mail written notice to the unit owner
800	of the association's demand that the tenant make payments to the
801	association. The association shall, upon request, provide the
802	tenant with written receipts for payments made. A tenant who
803	acts in good faith in response to a written demand from an
804	association is immune from any claim by from the unit owner
805	related to the rent once the association has made written
806	demand. Any payment received from a tenant must be applied to
807	the unit owner's oldest delinquent monetary obligation.
808	(a)  If the tenant paid prepaid rent to the unit owner for
809	a given rental period before receiving the demand from the
810	association and provides written evidence of prepaying paying
811	the rent to the association within 14 days after receiving the
812	demand, the tenant shall receive credit for the prepaid rent for
813	the applicable period but and must make any subsequent rental
814	payments to the association to be credited against the monetary
815	obligations of the unit owner to the association.
816	(b)  The tenant is not liable for increases in the amount
817	of the monetary obligations due unless the tenant was notified
818	in writing of the increase at least 10 days before the date the
819	rent is due. The liability of the tenant may not exceed the
820	amount due from the tenant to the tenant's landlord. The
821	tenant's landlord shall provide the tenant a credit against
822	rents due to the unit owner in the amount of moneys paid to the
823	association under this section.
824	(c)  The association may issue notices under s. 83.56 and
825	may sue for eviction under ss. 83.59-83.625 as if the
826	association were a landlord under part II of chapter 83 if the
827	tenant fails to pay a required payment to the association.
828	However, the association is not otherwise considered a landlord
829	under chapter 83 and specifically has no obligations duties
830	under s. 83.51.
831	(d)  The tenant does not, by virtue of payment of rent
832	monetary obligations to the association, have any of the rights
833	of a unit owner to vote in any election or to examine the books
834	and records of the association.
835	(e)  A court may supersede the effect of this subsection by
836	appointing a receiver.
837	Section 7.  Subsections (2), (3), (4), and (11), paragraphs
838	(a) and (d) of subsection (12), subsection (14), paragraph (a)
839	of subsection (17), and subsections (18) and (19) of section
840	718.117, Florida Statutes, are amended to read:
841	718.117  Termination of condominium.-
842	(2)  TERMINATION BECAUSE OF ECONOMIC WASTE OR
843	IMPOSSIBILITY.-
844	(a)  Notwithstanding any provision in the declaration, the
845	condominium form of ownership of a property may be terminated by
846	a plan of termination approved by the lesser of the lowest
847	percentage of voting interests necessary to amend the
848	declaration or as otherwise provided in the declaration for
849	approval of termination if:
850	1.  The total estimated cost of construction or repairs
851	necessary to construct the intended improvements or restore the
852	improvements to their former condition or bring them into
853	compliance with applicable laws or regulations exceeds the
854	combined fair market value of the units in the condominium after
855	completion of the construction or repairs; or
856	2.  It becomes impossible to operate or reconstruct a
857	condominium to its prior physical configuration because of land
858	use laws or regulations.
859	(b)  Notwithstanding paragraph (a), a condominium in which
860	75 percent or more of the units are timeshare units may be
861	terminated only pursuant to a plan of termination approved by 80
862	percent of the total voting interests of the association and the
863	holders of 80 percent of the original principal amount of
864	outstanding recorded mortgage liens of timeshare estates in the
865	condominium, unless the declaration provides for a lower voting
866	percentage.
867	(c)  Notwithstanding paragraph (a), a condominium that
868	includes units and timeshare estates where the improvements have
869	been totally destroyed or demolished may be terminated pursuant
870	to a plan of termination proposed by a unit owner upon the
871	filing of a petition in court seeking equitable relief. Within
872	10 days after the filing of a petition as provided in this
873	paragraph and in lieu of the requirements of paragraph (15)(a),
874	the petitioner shall record the proposed plan of termination and
875	mail a copy of the proposed plan and a copy of the petition to:
876	1.  If the association has not been dissolved as a matter
877	of law, each member of the board of directors of the association
878	identified in the most recent annual report filed with the
879	Department of State and the registered agent of the association;
880	2.  The managing entity as defined in s. 721.05(22);
881	3.  Each unit owner and each timeshare estate owner at the
882	address reflected in the official records of the association,
883	or, if the association records cannot be obtained by the
884	petitioner, each unit owner and each timeshare estate owner at
885	the address listed in the office of the tax collector for tax
886	notices; and
887	4.  Each holder of a recorded mortgage lien affecting a
888	unit or timeshare estate at the address appearing on the
889	recorded mortgage or any recorded assignment thereof.
890
891	The association, if it has not been dissolved as a matter of
892	law, acting as class representative, or the managing entity as
893	defined in s. 721.05(22), any unit owner, any timeshare estate
894	owner, or any holder of a recorded mortgage lien affecting a
895	unit or timeshare estate may intervene in the proceedings to
896	contest the proposed plan of termination brought pursuant to
897	this paragraph. The provisions of subsection (9), to the extent
898	inconsistent with this paragraph, and subsection (16) are not
899	applicable to a party contesting a plan of termination under
900	this paragraph. If no party intervenes to contest the proposed
901	plan within 45 days after the filing of the petition, the
902	petitioner may move the court to enter a final judgment to
903	authorize implementation of the plan of termination. If a party
904	timely intervenes to contest the proposed plan, the plan may not
905	be implemented until a final judgment has been entered by the
906	court finding that the proposed plan of termination is fair and
907	reasonable and authorizing implementation of the plan.
908	(3)  OPTIONAL TERMINATION.-Except as provided in subsection
909	(2) or unless the declaration provides for a lower percentage,
910	the condominium form of ownership of the property may be
911	terminated for all or a portion of the condominium property
912	pursuant to a plan of termination approved by at least 80
913	percent of the total voting interests of the condominium if no
914	not more than 10 percent of the total voting interests of the
915	condominium have rejected the plan of termination by negative
916	vote or by providing written objections thereto. This subsection
917	does not apply to condominiums in which 75 percent or more of
918	the units are timeshare units.
919	(4)  EXEMPTION.-A plan of termination is not an amendment
920	subject to s. 718.110(4). In a partial termination, a plan of
921	termination is not an amendment subject to s. 718.110(4) if the
922	ownership share of the common elements of a surviving unit in
923	the condominium remains in the same proportion to the surviving
924	units as it was before the partial termination.
925	(11)  PLAN OF TERMINATION; OPTIONAL PROVISIONS; CONDITIONAL
926	TERMINATION.-
927	(a)  The plan of termination may provide that each unit
928	owner retains the exclusive right of possession to the portion
929	of the real estate which that formerly constituted the unit if,
930	in which case the plan specifies must specify the conditions of
931	possession. In a partial termination, the plan of termination as
932	specified in subsection (10) must also identify the units that
933	survive the partial termination and provide that such units
934	remain in the condominium form of ownership pursuant to an
935	amendment to the declaration of condominium or an amended and
936	restated declaration. In a partial termination, title to the
937	surviving units and common elements that remain part of the
938	condominium property specified in the plan of termination remain
939	vested in the ownership shown in the public records and do not
940	vest in the termination trustee.
941	(b)  In a conditional termination, the plan must specify
942	the conditions for termination. A conditional plan does not vest
943	title in the termination trustee until the plan and a
944	certificate executed by the association with the formalities of
945	a deed, confirming that the conditions in the conditional plan
946	have been satisfied or waived by the requisite percentage of the
947	voting interests, have been recorded. In a partial termination,
948	the plan does not vest title to the surviving units or common
949	elements that remain part of the condominium property in the
950	termination trustee.
951	(12)  ALLOCATION OF PROCEEDS OF SALE OF CONDOMINIUM
952	PROPERTY.-
953	(a)  Unless the declaration expressly provides for the
954	allocation of the proceeds of sale of condominium property, the
955	plan of termination must first apportion the proceeds between
956	the aggregate value of all units and the value of the common
957	elements, based on their respective fair market values
958	immediately before the termination, as determined by one or more
959	independent appraisers selected by the association or
960	termination trustee. In a partial termination, the aggregate
961	values of the units and common elements that are being
962	terminated must be separately determined, and the plan of
963	termination must specify the allocation of the proceeds of sale
964	for the units and common elements.
965	(d)  Liens that encumber a unit shall be transferred to the
966	proceeds of sale of the condominium property and the proceeds of
967	sale or other distribution of association property, common
968	surplus, or other association assets attributable to such unit
969	in their same priority. In a partial termination, liens that
970	encumber a unit being terminated must be transferred to the
971	proceeds of sale of that portion of the condominium property
972	being terminated which are attributable to such unit. The
973	proceeds of any sale of condominium property pursuant to a plan
974	of termination may not be deemed to be common surplus or
975	association property.
976	(14)  TITLE VESTED IN TERMINATION TRUSTEE.-If termination
977	is pursuant to a plan of termination under subsection (2) or
978	subsection (3), the unit owners' rights and title to as tenants
979	in common in undivided interests in the condominium property
980	being terminated vests vest in the termination trustee when the
981	plan is recorded or at a later date specified in the plan. The
982	unit owners thereafter become the beneficiaries of the proceeds
983	realized from the plan of termination as set forth in the plan.
984	The termination trustee may deal with the condominium property
985	being terminated or any interest therein if the plan confers on
986	the trustee the authority to protect, conserve, manage, sell, or
987	dispose of the condominium property. The trustee, on behalf of
988	the unit owners, may contract for the sale of real property
989	being terminated, but the contract is not binding on the unit
990	owners until the plan is approved pursuant to subsection (2) or
991	subsection (3).
992	(17)  DISTRIBUTION.-
993	(a)  Following termination of the condominium, the
994	condominium property, association property, common surplus, and
995	other assets of the association shall be held by the termination
996	trustee pursuant to the plan of termination, as trustee for unit
997	owners and holders of liens on the units, in their order of
998	priority unless otherwise set forth in the plan of termination.
999	(18)  ASSOCIATION STATUS.-The termination of a condominium
1000	does not change the corporate status of the association that
1001	operated the condominium property. The association continues to
1002	exist to conclude its affairs, prosecute and defend actions by
1003	or against it, collect and discharge obligations, dispose of and
1004	convey its property, and collect and divide its assets, but not
1005	to act except as necessary to conclude its affairs. In a partial
1006	termination, the association may continue as the condominium
1007	association for the property that remains subject to the
1008	declaration of condominium.
1009	(19)  CREATION OF ANOTHER CONDOMINIUM.-The termination or
1010	partial termination of a condominium does not bar the filing of
1011	a new declaration of condominium or an amended and restated
1012	declaration of condominium by the termination trustee, or the
1013	trustee's successor in interest, for the terminated property or
1014	affecting any portion thereof of the same property. The partial
1015	termination of a condominium may provide for the simultaneous
1016	filing of an amendment to the declaration of condominium or an
1017	amended and restated declaration of condominium by the
1018	condominium association for any portion of the property not
1019	terminated from the condominium form of ownership.
1020	Section 8.  Subsections (3), (4), and (5) of section
1021	718.303, Florida Statutes, are amended, and subsection (6) is
1022	added to that section, to read:
1023	718.303  Obligations of owners and occupants; remedies.-
1024	(3)  If a unit owner is delinquent for more than 90 days in
1025	paying a monetary obligation due to the association, the
1026	association may suspend the right of a unit owner or a unit's
1027	occupant, licensee, or invitee to use common elements, common
1028	facilities, or any other association property until the monetary
1029	obligation is paid. This subsection does not apply to limited
1030	common elements intended to be used only by that unit, common
1031	elements that must be used to access the unit, utility services
1032	provided to the unit, parking spaces, or elevators. The
1033	association may also levy reasonable fines for the failure of
1034	the owner of the unit, or its occupant, licensee, or invitee, to
1035	comply with any provision of the declaration, the association
1036	bylaws, or reasonable rules of the association. A fine may does
1037	not become a lien against a unit. A fine may not exceed $100 per
1038	violation. However, A fine may be levied on the basis of each
1039	day of a continuing violation, with a single notice and
1040	opportunity for hearing. However, the fine may not exceed $100
1041	per violation, or $1,000 in the aggregate exceed $1,000.
1042	(a)  An association may suspend, for a reasonable period of
1043	time, the right of a unit owner, or a unit owner's tenant,
1044	guest, or invitee, to use the common elements, common
1045	facilities, or any other association property for failure to
1046	comply with any provision of the declaration, the association
1047	bylaws, or reasonable rules of the association.
1048	(b)  A fine or suspension may not be imposed levied and a
1049	suspension may not be imposed unless the association first
1050	provides at least 14 days' written notice and an opportunity for
1051	a hearing to the unit owner and, if applicable, its occupant,
1052	licensee, or invitee. The hearing must be held before a
1053	committee of other unit owners who are neither board members nor
1054	persons residing in a board member's household. If the committee
1055	does not agree with the fine or suspension, the fine or
1056	suspension may not be levied or imposed.
1057	(4)  If a unit owner is more than 90 days delinquent in
1058	paying a monetary obligation due to the association, the
1059	association may suspend the right of the unit owner or the
1060	unit's occupant, licensee, or invitee to use common elements,
1061	common facilities, or any other association property until the
1062	monetary obligation is paid in full. This subsection does not
1063	apply to limited common elements intended to be used only by
1064	that unit, common elements needed to access the unit, utility
1065	services provided to the unit, parking spaces, or elevators. The
1066	notice and hearing requirements under subsection (3) do not
1067	apply to suspensions imposed under this subsection.
1068	(4)  The notice and hearing requirements of subsection (3)
1069	do not apply to the imposition of suspensions or fines against a
1070	unit owner or a unit's occupant, licensee, or invitee because of
1071	failing to pay any amounts due the association. If such a fine
1072	or suspension is imposed, the association must levy the fine or
1073	impose a reasonable suspension at a properly noticed board
1074	meeting, and after the imposition of such fine or suspension,
1075	the association must notify the unit owner and, if applicable,
1076	the unit's occupant, licensee, or invitee by mail or hand
1077	delivery.
1078	(5)  An association may also suspend the voting rights of a
1079	member due to nonpayment of any monetary obligation due to the
1080	association which is more than 90 days delinquent. The
1081	suspension ends upon full payment of all obligations currently
1082	due or overdue the association. A voting interest or consent
1083	right allocated to a unit which has been suspended by the
1084	association may not be exercised or considered for any purpose,
1085	including, but not limited to, a quorum, an election, or the
1086	votes required to approve an action under this chapter or
1087	pursuant to the declaration, articles of incorporation, or
1088	bylaws. The notice and hearing requirements under subsection (3)
1089	do not apply to a suspension imposed under this subsection.
1090	(6)  All suspensions imposed pursuant to subsection (4) or
1091	subsection (5) must be approved at a properly noticed board
1092	meeting. Upon approval, the association must notify the unit
1093	owner and, if applicable, the unit's occupant, licensee, or
1094	invitee by mail or hand delivery.
1095	Section 9.  Section 718.703, Florida Statutes, is amended
1096	to read:
1097	718.703  Definitions.-As used in this part, the term:
1098	(1)  "Bulk assignee" means a person who is not a bulk buyer
1099	and who:
1100	(a)  Acquires more than seven condominium parcels in a
1101	single condominium as set forth in s. 718.707; and
1102	(b)  Receives an assignment of any of the developer rights,
1103	other than or in addition to those rights described in
1104	subsection (2), some or all of the rights of the developer as
1105	set forth in the declaration of condominium or this chapter: by
1106	1.  By a written instrument recorded as part of or as an
1107	exhibit to the deed; or as
1108	2.  By a separate instrument recorded in the public records
1109	of the county in which the condominium is located; or
1110	3.  Pursuant to a final judgment or certificate of title
1111	issued in favor of a purchaser at a foreclosure sale.
1112
1113	A mortgagee or its assignee may not be deemed a bulk assignee or
1114	a developer by reason of the acquisition of condominium units
1115	and receipt of an assignment of some or all of a developer
1116	rights unless the mortgagee or its assignee exercises any of the
1117	developer rights other than those described in subsection (2).
1118	(2)  "Bulk buyer" means a person who acquires more than
1119	seven condominium parcels in a single condominium as set forth
1120	in s. 718.707, but who does not receive an assignment of any
1121	developer rights, or receives only some or all of the following
1122	rights: other than
1123	(a)  The right to conduct sales, leasing, and marketing
1124	activities within the condominium;
1125	(b)  The right to be exempt from the payment of working
1126	capital contributions to the condominium association arising out
1127	of, or in connection with, the bulk buyer's acquisition of the a
1128	bulk number of units; and
1129	(c)  The right to be exempt from any rights of first
1130	refusal which may be held by the condominium association and
1131	would otherwise be applicable to subsequent transfers of title
1132	from the bulk buyer to a third party purchaser concerning one or
1133	more units.
1134	Section 10.  Section 718.704, Florida Statutes, is amended
1135	to read:
1136	718.704  Assignment and assumption of developer rights by
1137	bulk assignee; bulk buyer.-
1138	(1)  A bulk assignee is deemed to have assumed assumes and
1139	is liable for all duties and responsibilities of the developer
1140	under the declaration and this chapter upon its acquisition of
1141	title to units and continuously thereafter, except that it is
1142	not liable for:
1143	(a)  Warranties of the developer under s. 718.203(1) or s.
1144	718.618, except as expressly provided by the bulk assignee in a
1145	prospectus or offering circular, or the contract for purchase
1146	and sale executed with a purchaser, or for design, construction,
1147	development, or repair work performed by or on behalf of the
1148	such bulk assignee.;
1149	(b)  The obligation to:
1150	1.  Fund converter reserves under s. 718.618 for a unit
1151	that was not acquired by the bulk assignee; or
1152	2.  Provide implied converter warranties on any portion of
1153	the condominium property except as expressly provided by the
1154	bulk assignee in a prospectus or offering circular, or the
1155	contract for purchase and sale executed with a purchaser, or for
1156	and pertaining to any design, construction, development, or
1157	repair work performed by or on behalf of the bulk assignee.;
1158	(c)  The requirement to provide the association with a
1159	cumulative audit of the association's finances from the date of
1160	formation of the condominium association as required by s.
1161	718.301(4)(c). However, the bulk assignee must provide an audit
1162	for the period during which the bulk assignee elects or appoints
1163	a majority of the members of the board of administration.;
1164	(d)  Any liability arising out of or in connection with
1165	actions taken by the board of administration or the developer-
1166	appointed directors before the bulk assignee elects or appoints
1167	a majority of the members of the board of administration.; and
1168	(e)  Any liability for or arising out of the developer's
1169	failure to fund previous assessments or to resolve budgetary
1170	deficits in relation to a developer's right to guarantee
1171	assessments, except as otherwise provided in subsection (2).
1172
1173	The bulk assignee is also responsible only for delivering
1174	documents and materials in accordance with s. 718.705(3). A bulk
1175	assignee may expressly assume some or all of the developer
1176	obligations of the developer described in paragraphs (a)-(e).
1177	(2)  A bulk assignee assigned the developer right receiving
1178	the assignment of the rights of the developer to guarantee the
1179	level of assessments and fund budgetary deficits pursuant to s.
1180	718.116 assumes and is liable for all obligations of the
1181	developer with respect to such guarantee upon its acquisition of
1182	title to the units and continuously thereafter, including any
1183	applicable funding of reserves to the extent required by law,
1184	for as long as the guarantee remains in effect. A bulk assignee
1185	not receiving such assignment, or a bulk buyer, does not assume
1186	and is not liable for the obligations of the developer with
1187	respect to such guarantee, but is responsible for payment of
1188	assessments due on or after acquisition of the units in the same
1189	manner as all other owners of condominium parcels or as
1190	otherwise provided in s. 718.116.
1191	(3)  A bulk buyer is liable for the duties and
1192	responsibilities of a the developer under the declaration and
1193	this chapter only to the extent that such provided in this part,
1194	together with any other duties or responsibilities are of the
1195	developer expressly assumed in writing by the bulk buyer.
1196	(4)  An acquirer of condominium parcels is not a bulk
1197	assignee or a bulk buyer if the transfer to such acquirer was
1198	made:
1199	(a)  Before the effective date of this part;
1200	(b)  With the intent to hinder, delay, or defraud any
1201	purchaser, unit owner, or the association;, or if the acquirer
1202	is
1203	(c)  By a person who would be considered an insider under
1204	s. 726.102(7).
1205	(5)  An assignment of developer rights to a bulk assignee
1206	may be made by a the developer, a previous bulk assignee, a
1207	mortgagee or assignee who has acquired title to the units and
1208	received an assignment of rights, or a court acting on behalf of
1209	the developer or the previous bulk assignee if such developer
1210	rights are held by the predecessor in title to the bulk
1211	assignee. At any particular time, there may not be no more than
1212	one bulk assignee within a condominium; however, but there may
1213	be more than one bulk buyer. If more than one acquirer of
1214	condominium parcels in the same condominium receives an
1215	assignment of developer rights in addition to those rights
1216	described in s. 718.703(2) from the same person, the bulk
1217	assignee is the acquirer whose instrument of assignment is
1218	recorded first in the public records of the county in which the
1219	condominium is located, and any subsequent purported bulk
1220	assignee may still qualify as a bulk buyer.
1221	Section 11.  Subsections (1) and (3) of section 718.705,
1222	Florida Statutes, are amended to read:
1223	718.705  Board of administration; transfer of control.-
1224	(1)  If, at the time the bulk assignee acquires title to
1225	the units and receives an assignment of developer rights, the
1226	developer has not relinquished control of the board of
1227	administration, for purposes of determining the timing for
1228	transfer of control of the board of administration of the
1229	association to unit owners other than the developer under s.
1230	718.301(1)(a) and (b), if a bulk assignee is entitled to elect a
1231	majority of the members of the board, a condominium parcel
1232	acquired by the bulk assignee is not deemed to be conveyed to a
1233	purchaser, or owned by an owner other than the developer, until
1234	the condominium parcel is conveyed to an owner who is not a bulk
1235	assignee.
1236	(3)  If a bulk assignee relinquishes control of the board
1237	of administration as set forth in s. 718.301, the bulk assignee
1238	must deliver all of those items required by s. 718.301(4).
1239	However, the bulk assignee is not required to deliver items and
1240	documents not in the possession of the bulk assignee if some
1241	items were or should have been in existence before the bulk
1242	assignee's acquisition of the units during the period during
1243	which the bulk assignee was entitled to elect at least a
1244	majority of the members of the board of administration. In
1245	conjunction with the acquisition of units condominium parcels, a
1246	bulk assignee shall undertake a good faith effort to obtain the
1247	documents and materials that must be provided to the association
1248	pursuant to s. 718.301(4). If the bulk assignee is not able to
1249	obtain all of such documents and materials, the bulk assignee
1250	must certify in writing to the association the names or
1251	descriptions of the documents and materials that were not
1252	obtainable by the bulk assignee. Delivery of the certificate
1253	relieves the bulk assignee of responsibility for delivering the
1254	documents and materials referenced in the certificate as
1255	otherwise required under ss. 718.112 and 718.301 and this part.
1256	The responsibility of the bulk assignee for the audit required
1257	by s. 718.301(4) commences as of the date on which the bulk
1258	assignee elected or appointed a majority of the members of the
1259	board of administration.
1260	Section 12.  Section 718.706, Florida Statutes, is amended
1261	to read:
1262	718.706  Specific provisions pertaining to offering of
1263	units by a bulk assignee or bulk buyer.-
1264	(1)  Before offering more than seven any units in a single
1265	condominium for sale or for lease for a term exceeding 5 years,
1266	a bulk assignee or a bulk buyer must file the following
1267	documents with the division and provide such documents to a
1268	prospective purchaser or tenant:
1269	(a)  An updated prospectus or offering circular, or a
1270	supplement to the prospectus or offering circular, filed by the
1271	original developer prepared in accordance with s. 718.504, which
1272	must include the form of contract for sale and for lease in
1273	compliance with s. 718.503(2);
1274	(b)  An updated Frequently Asked Questions and Answers
1275	sheet;
1276	(c)  The executed escrow agreement if required under s.
1277	718.202; and
1278	(d)  The financial information required by s. 718.111(13).
1279	However, if a financial information report did does not exist
1280	for the fiscal year before the acquisition of title by the bulk
1281	assignee or bulk buyer, and if or accounting records that cannot
1282	be obtained in good faith by the bulk assignee or the bulk buyer
1283	which would permit preparation of the required financial
1284	information report for that period cannot be obtained despite
1285	good faith efforts by the bulk assignee or the bulk buyer, the
1286	bulk assignee or bulk buyer is excused from the requirement of
1287	this paragraph. However, the bulk assignee or bulk buyer must
1288	include in the purchase contract the following statement in
1289	conspicuous type:
1290
1291	ALL OR A PORTION OF THE FINANCIAL INFORMATION REPORT
1292	REQUIRED UNDER S. 718.111(13) FOR THE TIME PERIOD
1293	BEFORE THE SELLER'S ACQUISITION OF THE UNIT
1294	IMMEDIATELY PRECEDING FISCAL YEAR OF THE ASSOCIATION
1295	IS NOT AVAILABLE OR CANNOT BE OBTAINED DESPITE THE
1296	GOOD FAITH EFFORTS OF CREATED BY THE SELLER DUE TO THE
1297	INSUFFICIENT ACCOUNTING RECORDS OF THE ASSOCIATION.
1298
1299	(2)  Before offering more than seven any units in a single
1300	condominium for sale or for lease for a term exceeding 5 years,
1301	a bulk assignee or a bulk buyer must file with the division and
1302	provide to a prospective purchaser or tenant under a lease for a
1303	term exceeding 5 years a disclosure statement that includes, but
1304	is not limited to:
1305	(a)  A description of any rights of the developer rights
1306	that developer which have been assigned to the bulk assignee or
1307	bulk buyer;
1308	(b)  The following statement in conspicuous type:
1309
1310	THE SELLER IS NOT OBLIGATED FOR ANY WARRANTIES OF THE
1311	DEVELOPER UNDER S. 718.203(1) OR S. 718.618, AS
1312	APPLICABLE, EXCEPT FOR DESIGN, CONSTRUCTION,
1313	DEVELOPMENT, OR REPAIR WORK PERFORMED BY OR ON BEHALF
1314	OF THE SELLER; and
1315
1316	(c)  If the condominium is a conversion subject to part VI,
1317	the following statement in conspicuous type:
1318
1319	THE SELLER HAS NO OBLIGATION TO FUND CONVERTER
1320	RESERVES OR TO PROVIDE CONVERTER WARRANTIES UNDER S.
1321	718.618 ON ANY PORTION OF THE CONDOMINIUM PROPERTY
1322	EXCEPT AS MAY BE EXPRESSLY REQUIRED OF THE SELLER IN
1323	THE CONTRACT FOR PURCHASE AND SALE EXECUTED BY THE
1324	SELLER AND THE PREVIOUS DEVELOPER AND PERTAINING TO
1325	ANY DESIGN, CONSTRUCTION, DEVELOPMENT, OR REPAIR WORK
1326	PERFORMED BY OR ON BEHALF OF THE SELLER.
1327
1328	(3)  A bulk assignee, while it is in control of the board
1329	of administration of the association, may not authorize, on
1330	behalf of the association:
1331	(a)  The waiver of reserves or the reduction of funding of
1332	the reserves pursuant to s. 718.112(2)(f)2., unless approved by
1333	a majority of the voting interests not controlled by the
1334	developer, bulk assignee, and bulk buyer; or
1335	(b)  The use of reserve expenditures for other purposes
1336	pursuant to s. 718.112(2)(f)3., unless approved by a majority of
1337	the voting interests not controlled by the developer, bulk
1338	assignee, and bulk buyer.
1339	(4)  A bulk assignee or a bulk buyer must comply with all
1340	the requirements of s. 718.302 regarding any contracts entered
1341	into by the association during the period the bulk assignee or
1342	bulk buyer maintains control of the board of administration.
1343	Unit owners shall be provided afforded all of the rights and the
1344	protections contained in s. 718.302 regarding agreements entered
1345	into by the association which are under the control of before
1346	unit owners other than the developer, bulk assignee, or bulk
1347	buyer elected a majority of the board of administration.
1348	(5)  Notwithstanding any other provision of this part, a
1349	bulk assignee or a bulk buyer is not required to comply with the
1350	filing or disclosure requirements of subsections (1) and (2) if
1351	all of the units owned by the bulk assignee or bulk buyer are
1352	offered and conveyed to a single purchaser in a single
1353	transaction. A bulk buyer must comply with the requirements
1354	contained in the declaration regarding any transfer of a unit,
1355	including sales, leases, and subleases. A bulk buyer is not
1356	entitled to any exemptions afforded a developer or successor
1357	developer under this chapter regarding the transfer of a unit,
1358	including sales, leases, or subleases.
1359	Section 13.  Section 718.707, Florida Statutes, is amended
1360	to read:
1361	718.707  Time limitation for classification as bulk
1362	assignee or bulk buyer.-A person acquiring condominium parcels
1363	may not be classified as a bulk assignee or bulk buyer unless
1364	the condominium parcels were acquired on or after July 1, 2010,
1365	but before July 1, 2012. The date of such acquisition shall be
1366	determined by the date of recording of a deed or other
1367	instrument of conveyance for such parcels in the public records
1368	of the county in which the condominium is located, or by the
1369	date of issuing issuance of a certificate of title in a
1370	foreclosure proceeding with respect to such condominium parcels.
1371	Section 14.  Subsections (3), (4), and (10) of section
1372	719.108, Florida Statutes, are amended to read:
1373	719.108  Rents and assessments; liability; lien and
1374	priority; interest; collection; cooperative ownership.-
1375	(3)  Rents and assessments, and installments on them, not
1376	paid when due bear interest at the rate provided in the
1377	cooperative documents from the date due until paid. This rate
1378	may not exceed the rate allowed by law, and, if a rate is not
1379	provided in the cooperative documents, interest accrues at 18
1380	percent per annum. If the cooperative documents or bylaws so
1381	provide, the association may charge an administrative late fee
1382	in addition to such interest, in an amount not to exceed the
1383	greater of $25 or 5 percent of each installment of the
1384	assessment for each delinquent installment that the payment is
1385	late. Any payment received by an association must be applied
1386	first to any interest accrued by the association, then to any
1387	administrative late fee, then to any costs and reasonable
1388	attorney's fees incurred in collection, and then to the
1389	delinquent assessment. The foregoing applies notwithstanding any
1390	restrictive endorsement, designation, or instruction placed on
1391	or accompanying a payment. A late fee is not subject to chapter
1392	687 or s. 719.303(4)(3).
1393	(4)  The association has a lien on each cooperative parcel
1394	for any unpaid rents and assessments, plus interest, and any
1395	authorized administrative late fees, and any reasonable costs
1396	for collection services for which the association has contracted
1397	against the unit owner of the cooperative parcel. If authorized
1398	by the cooperative documents, the lien also secures reasonable
1399	attorney's fees incurred by the association incident to the
1400	collection of the rents and assessments or enforcement of such
1401	lien. The lien is effective from and after recording a claim of
1402	lien in the public records in the county in which the
1403	cooperative parcel is located which states the description of
1404	the cooperative parcel, the name of the unit owner, the amount
1405	due, and the due dates. The lien expires if a claim of lien is
1406	not filed within 1 year after the date the assessment was due,
1407	and the lien does not continue for longer than 1 year after the
1408	claim of lien has been recorded unless, within that time, an
1409	action to enforce the lien is commenced. Except as otherwise
1410	provided in this chapter, a lien may not be filed by the
1411	association against a cooperative parcel until 30 days after the
1412	date on which a notice of intent to file a lien has been
1413	delivered to the owner.
1414	(a)  The notice must be sent to the unit owner at the
1415	address of the unit by first-class United States mail and:
1416	1.  If the most recent address of the unit owner on the
1417	records of the association is the address of the unit, the
1418	notice must be sent by registered or certified mail, return
1419	receipt requested, to the unit owner at the address of the unit.
1420	2.  If the most recent address of the unit owner on the
1421	records of the association is in the United States, but is not
1422	the address of the unit, the notice must be sent by registered
1423	or certified mail, return receipt requested, to the unit owner
1424	at his or her most recent address.
1425	3.  If the most recent address of the unit owner on the
1426	records of the association is not in the United States, the
1427	notice must be sent by first-class United States mail to the
1428	unit owner at his or her most recent address.
1429	(b)  A notice that is sent pursuant to this subsection is
1430	deemed delivered upon mailing.
1431	(10)  If the unit is occupied by a tenant and the unit
1432	owner is delinquent in paying any monetary obligation due to the
1433	association, the association may make a written demand that the
1434	tenant pay rent to the association the future monetary
1435	obligations related to the cooperative share to the association
1436	and continue to the tenant must make such payments until all
1437	monetary obligations of the unit owner related to the unit have
1438	been paid in full to the association payment. The demand is
1439	continuing in nature, and upon demand, The tenant must pay the
1440	monetary obligations to the association until the association
1441	releases the tenant or the tenant discontinues tenancy in the
1442	unit. The association must mail written notice to the unit owner
1443	of the association's demand that the tenant make payments to the
1444	association. The association shall, upon request, provide the
1445	tenant with written receipts for payments made. A tenant who
1446	acts in good faith in response to a written demand from an
1447	association is immune from any claim by from the unit owner
1448	related to the rent once the association has made written
1449	demand. Any payment received from a tenant by the association
1450	must be applied to the unit owner's oldest delinquent monetary
1451	obligation.
1452	(a)  If the tenant paid prepaid rent to the unit owner for
1453	a given rental period before receiving the demand from the
1454	association and provides written evidence of prepaying paying
1455	the rent to the association within 14 days after receiving the
1456	demand, the tenant shall receive credit for the prepaid rent for
1457	the applicable period but and must make any subsequent rental
1458	payments to the association to be credited against the monetary
1459	obligations of the unit owner to the association.
1460	(b)  The tenant is not liable for increases in the amount
1461	of the regular monetary obligations due unless the tenant was
1462	notified in writing of the increase at least 10 days before the
1463	date on which the rent is due. The liability of the tenant may
1464	not exceed the amount due from the tenant to the tenant's
1465	landlord. The tenant's landlord shall provide the tenant a
1466	credit against rents due to the unit owner in the amount of
1467	moneys paid to the association under this section.
1468	(c)  The association may issue notices under s. 83.56 and
1469	may sue for eviction under ss. 83.59-83.625 as if the
1470	association were a landlord under part II of chapter 83 if the
1471	tenant fails to pay a required payment. However, the association
1472	is not otherwise considered a landlord under chapter 83 and
1473	specifically has no obligations duties under s. 83.51.
1474	(d)  The tenant does not, by virtue of payment of monetary
1475	obligations, have any of the rights of a unit owner to vote in
1476	any election or to examine the books and records of the
1477	association.
1478	(e)  A court may supersede the effect of this subsection by
1479	appointing a receiver.
1480	Section 15.  Subsection (3) of section 719.303, Florida
1481	Statutes, is amended, and subsections (4), (5), and (6) are
1482	added to that section, to read:
1483	719.303  Obligations of owners.-
1484	(3)  If the cooperative documents so provide, The
1485	association may levy reasonable fines against a unit owner for
1486	failure of the unit owner or the unit's occupant, his or her
1487	licensee, or invitee or the unit's occupant to comply with any
1488	provision of the cooperative documents or reasonable rules of
1489	the association. A fine may not No fine shall become a lien
1490	against a unit. No fine shall exceed $100 per violation.
1491	However, A fine may be levied on the basis of each day of a
1492	continuing violation, with a single notice and opportunity for
1493	hearing. However, the fine may not exceed $100 per violation, or
1494	$1,000 provided that no such fine shall in the aggregate exceed
1495	$1,000.
1496	(a)  An association may suspend, for a reasonable period of
1497	time, the right of a unit owner, or a unit owner's tenant,
1498	guest, or invitee, to use the common elements, common
1499	facilities, or any other association property for failure to
1500	comply with any provision of the cooperative documents or
1501	reasonable rules of the association.
1502	(b)  A No fine or suspension may not be imposed levied
1503	except after giving reasonable notice and opportunity for a
1504	hearing to the unit owner and, if applicable, the unit's his or
1505	her licensee or invitee. The hearing must shall be held before a
1506	committee of other unit owners. If the committee does not agree
1507	with the fine or suspension, it may shall not be imposed levied.
1508	This subsection does not apply to unoccupied units.
1509	(4)  If a unit owner is more than 90 days delinquent in
1510	paying a monetary obligation due to the association, the
1511	association may suspend the right of the unit owner or the
1512	unit's occupant, licensee, or invitee to use common elements,
1513	common facilities, or any other association property until the
1514	monetary obligation is paid in full. This subsection does not
1515	apply to limited common elements intended to be used only by
1516	that unit, common elements needed to access the unit, utility
1517	services provided to the unit, parking spaces, or elevators. The
1518	notice and hearing requirements under subsection (3) do not
1519	apply to suspensions imposed under this subsection.
1520	(5)  An association may suspend the voting rights of a
1521	member due to nonpayment of any monetary obligation due to the
1522	association which is more than 90 days delinquent. The
1523	suspension ends upon full payment of all obligations currently
1524	due or overdue the association. A voting interest or consent
1525	right allocated to a unit which has been suspended by the
1526	association may not be exercised or considered for any purpose,
1527	including, but not limited to, a quorum, an election, or the
1528	votes required to approve an action under this chapter or
1529	pursuant to the cooperative documents. The notice and hearing
1530	requirements under subsection (3) do not apply to a suspension
1531	imposed under this subsection.
1532	(6)  All suspensions imposed pursuant to subsection (4) or
1533	subsection (5) must be approved at a properly noticed board
1534	meeting. Upon approval, the association must notify the unit
1535	owner and, if applicable, the unit's occupant, licensee, or
1536	invitee by mail or hand delivery.
1537	Section 16.  Subsection (4) of section 720.301, Florida
1538	Statutes, is amended to read:
1539	720.301  Definitions.-As used in this chapter, the term:
1540	(4)  "Declaration of covenants," or "declaration," means a
1541	recorded written instrument or instruments in the nature of
1542	covenants running with the land which subject subjects the land
1543	comprising the community to the jurisdiction and control of an
1544	association or associations in which the owners of the parcels,
1545	or their association representatives, must be members.
1546	Section 17.  Paragraph (b) of subsection (2) and paragraph
1547	(c) of subsection (5) of section 720.303, Florida Statutes, are
1548	amended to read:
1549	720.303  Association powers and duties; meetings of board;
1550	official records; budgets; financial reporting; association
1551	funds; recalls.-
1552	(2)  BOARD MEETINGS.-
1553	(b)  Members have the right to attend all meetings of the
1554	board and to speak on any matter placed on the agenda by
1555	petition of the voting interests for at least 3 minutes. The
1556	right to attend such meetings includes the right to speak at
1557	such meetings with reference to all designated items. The
1558	association may adopt written reasonable rules expanding the
1559	right of members to speak and governing the frequency, duration,
1560	and other manner of member statements, which rules must be
1561	consistent with this paragraph and may include a sign-up sheet
1562	for members wishing to speak. Notwithstanding any other law,
1563	meetings between the board or a committee and the association's
1564	attorney to discuss proposed or pending litigation or meetings
1565	of the board held for the purpose of discussing personnel
1566	matters are not required to be open to the members other than
1567	directors.
1568	(5)  INSPECTION AND COPYING OF RECORDS.-The official
1569	records shall be maintained within the state and must be open to
1570	inspection and available for photocopying by members or their
1571	authorized agents at reasonable times and places within 10
1572	business days after receipt of a written request for access.
1573	This subsection may be complied with by having a copy of the
1574	official records available for inspection or copying in the
1575	community. If the association has a photocopy machine available
1576	where the records are maintained, it must provide parcel owners
1577	with copies on request during the inspection if the entire
1578	request is limited to no more than 25 pages.
1579	(c)  The association may adopt reasonable written rules
1580	governing the frequency, time, location, notice, records to be
1581	inspected, and manner of inspections, but may not require a
1582	parcel owner to demonstrate any proper purpose for the
1583	inspection, state any reason for the inspection, or limit a
1584	parcel owner's right to inspect records to less than one 8-hour
1585	business day per month. The association may impose fees to cover
1586	the costs of providing copies of the official records,
1587	including, without limitation, the costs of copying. The
1588	association may charge up to 50 cents per page for copies made
1589	on the association's photocopier. If the association does not
1590	have a photocopy machine available where the records are kept,
1591	or if the records requested to be copied exceed 25 pages in
1592	length, the association may have copies made by an outside
1593	vendor or association management company personnel and may
1594	charge the actual cost of copying, including any reasonable
1595	costs involving personnel fees and charges at an hourly rate for
1596	vendor or employee time to cover administrative costs to the
1597	vendor or association. The association shall maintain an
1598	adequate number of copies of the recorded governing documents,
1599	to ensure their availability to members and prospective members.
1600	Notwithstanding this paragraph, the following records are not
1601	accessible to members or parcel owners:
1602	1.  Any record protected by the lawyer-client privilege as
1603	described in s. 90.502 and any record protected by the work-
1604	product privilege, including, but not limited to, a any record
1605	prepared by an association attorney or prepared at the
1606	attorney's express direction which reflects a mental impression,
1607	conclusion, litigation strategy, or legal theory of the attorney
1608	or the association and which was prepared exclusively for civil
1609	or criminal litigation or for adversarial administrative
1610	proceedings or which was prepared in anticipation of such
1611	imminent civil or criminal litigation or imminent adversarial
1612	administrative proceedings until the conclusion of the
1613	litigation or administrative proceedings.
1614	2.  Information obtained by an association in connection
1615	with the approval of the lease, sale, or other transfer of a
1616	parcel.
1617	3.  Personnel records of the association's employees,
1618	including, but not limited to, disciplinary, payroll, health,
1619	and insurance records. For purposes of this subparagraph, the
1620	term "personnel records" does not include written employment
1621	agreements with an association employee or budgetary or
1622	financial records that indicate the compensation paid to an
1623	association employee.
1624	4.  Medical records of parcel owners or community
1625	residents.
1626	5.  Social security numbers, driver's license numbers,
1627	credit card numbers, electronic mailing addresses, telephone
1628	numbers, facsimile numbers, emergency contact information, any
1629	addresses for a parcel owner other than as provided for
1630	association notice requirements, and other personal identifying
1631	information of any person, excluding the person's name, parcel
1632	designation, mailing address, and property address. However, an
1633	owner may consent in writing to the disclosure of protected
1634	information described in this subparagraph. The association is
1635	not liable for the disclosure of information that is protected
1636	under this subparagraph if the information is included in an
1637	official record of the association and is voluntarily provided
1638	by an owner and not requested by the association.
1639	6.  Any electronic security measure that is used by the
1640	association to safeguard data, including passwords.
1641	7.  The software and operating system used by the
1642	association which allows the manipulation of data, even if the
1643	owner owns a copy of the same software used by the association.
1644	The data is part of the official records of the association.
1645	Section 18.  Section 720.305, Florida Statutes, is amended
1646	to read:
1647	720.305  Obligations of members; remedies at law or in
1648	equity; levy of fines and suspension of use rights.-
1649	(1)  Each member and the member's tenants, guests, and
1650	invitees, and each association, are governed by, and must comply
1651	with, this chapter, the governing documents of the community,
1652	and the rules of the association. Actions at law or in equity,
1653	or both, to redress alleged failure or refusal to comply with
1654	these provisions may be brought by the association or by any
1655	member against:
1656	(a)  The association;
1657	(b)  A member;
1658	(c)  Any director or officer of an association who
1659	willfully and knowingly fails to comply with these provisions;
1660	and
1661	(d)  Any tenants, guests, or invitees occupying a parcel or
1662	using the common areas.
1663
1664	The prevailing party in any such litigation is entitled to
1665	recover reasonable attorney's fees and costs. A member
1666	prevailing in an action between the association and the member
1667	under this section, in addition to recovering his or her
1668	reasonable attorney's fees, may recover additional amounts as
1669	determined by the court to be necessary to reimburse the member
1670	for his or her share of assessments levied by the association to
1671	fund its expenses of the litigation. This relief does not
1672	exclude other remedies provided by law. This section does not
1673	deprive any person of any other available right or remedy.
1674	(2)  The association If a member is delinquent for more
1675	than 90 days in paying a monetary obligation due the
1676	association, an association may suspend, until such monetary
1677	obligation is paid, the rights of a member or a member's
1678	tenants, guests, or invitees, or both, to use common areas and
1679	facilities and may levy reasonable fines of up to $100 per
1680	violation, against any member or any member's tenant, guest, or
1681	invitee for the failure of the owner of the parcel or its
1682	occupant, licensee, or invitee to comply with any provision of
1683	the declaration, the association bylaws, or reasonable rules of
1684	the association. A fine may be levied for each day of a
1685	continuing violation, with a single notice and opportunity for
1686	hearing, except that the a fine may not exceed $1,000 in the
1687	aggregate unless otherwise provided in the governing documents.
1688	A fine of less than $1,000 may not become a lien against a
1689	parcel. In any action to recover a fine, the prevailing party is
1690	entitled to collect its reasonable attorney's fees and costs
1691	from the nonprevailing party as determined by the court.
1692	(a)  An association may suspend, for a reasonable period of
1693	time, the right of a member, or a member's tenant, guest, or
1694	invitee, to use common areas and facilities for the failure of
1695	the owner of the parcel or its occupant, licensee, or invitee to
1696	comply with any provision of the declaration, the association
1697	bylaws, or reasonable rules of the association. The provisions
1698	regarding the suspension-of-use rights do not apply to the
1699	portion of common areas that must be used to provide access to
1700	the parcel or utility services provided to the parcel.
1701	(b)(a)  A fine or suspension may not be imposed without at
1702	least 14 days' notice to the person sought to be fined or
1703	suspended and an opportunity for a hearing before a committee of
1704	at least three members appointed by the board who are not
1705	officers, directors, or employees of the association, or the
1706	spouse, parent, child, brother, or sister of an officer,
1707	director, or employee. If the committee, by majority vote, does
1708	not approve a proposed fine or suspension, it may not be
1709	imposed. If the association imposes a fine or suspension, the
1710	association must provide written notice of such fine or
1711	suspension by mail or hand delivery to the parcel owner and, if
1712	applicable, to any tenant, licensee, or invitee of the parcel
1713	owner.
1714	(3)  If a member is more than 90 days delinquent in paying
1715	a monetary obligation due to the association, the association
1716	may suspend the rights of the member, or the member's tenant,
1717	guest, or invitee, to use common areas and facilities until the
1718	monetary obligation is paid in full. This subsection does not
1719	apply to that portion of common areas used to provide access or
1720	utility services to the parcel.
1721	(b)  Suspension does of common-area-use rights do not
1722	impair the right of an owner or tenant of a parcel to have
1723	vehicular and pedestrian ingress to and egress from the parcel,
1724	including, but not limited to, the right to park. The notice and
1725	hearing requirements under subsection (2) do not apply to a
1726	suspension imposed under this subsection.
1727	(4)(3)  If the governing documents so provide, An
1728	association may suspend the voting rights of a member for the
1729	nonpayment of any monetary obligation that is more than regular
1730	annual assessments that are delinquent in excess of 90 days
1731	delinquent. A voting interest or consent right allocated to a
1732	parcel which has been suspended by the association may not be
1733	exercised or considered for any purpose, including, but not
1734	limited to, a quorum, an election, or the votes required to
1735	approve an action under this chapter or pursuant to the
1736	governing documents. The notice and hearing requirements under
1737	subsection (3) do not apply to a suspension imposed under this
1738	subsection. The suspension ends upon full payment of all
1739	obligations currently due or overdue to the association.
1740	(5)  All suspensions imposed pursuant to subsection (3) or
1741	subsection (4) must be approved at a properly noticed board
1742	meeting. Upon approval, the association must notify the parcel
1743	owner and, if applicable, the parcel's occupant, licensee, or
1744	invitee by mail or hand delivery.
1745	Section 19.  Subsection (9) of section 720.306, Florida
1746	Statutes, is amended to read:
1747	720.306  Meetings of members; voting and election
1748	procedures; amendments.-
1749	(9)(a)  ELECTIONS AND BOARD VACANCIES.- Elections of
1750	directors must be conducted in accordance with the procedures
1751	set forth in the governing documents of the association. All
1752	members of the association are eligible to serve on the board of
1753	directors, and a member may nominate himself or herself as a
1754	candidate for the board at a meeting where the election is to be
1755	held or, if the election process allows voting by absentee
1756	ballot, in advance of the balloting. Except as otherwise
1757	provided in the governing documents, boards of directors must be
1758	elected by a plurality of the votes cast by eligible voters.
1759	(b)  A person who is delinquent in the payment of any fee,
1760	fine, or other monetary obligation to the association for more
1761	than 90 days is not eligible for board membership. A person who
1762	has been convicted of any felony in this state or in a United
1763	States District or Territorial Court, or has been convicted of
1764	any offense in another jurisdiction which would be considered a
1765	felony if committed in this state, is not eligible for board
1766	membership unless such felon's civil rights have been restored
1767	for at least 5 years as of the date on which such person seeks
1768	election to the board. The validity of any action by the board
1769	is not affected if it is later determined that a member of the
1770	board is ineligible for board membership.
1771	(c)  Any election dispute between a member and an
1772	association must be submitted to mandatory binding arbitration
1773	with the division. Such proceedings must be conducted in the
1774	manner provided by s. 718.1255 and the procedural rules adopted
1775	by the division. Unless otherwise provided in the bylaws, any
1776	vacancy occurring on the board before the expiration of a term
1777	may be filled by an affirmative vote of the majority of the
1778	remaining directors, even if the remaining directors constitute
1779	less than a quorum, or by the sole remaining director. In the
1780	alternative, a board may hold an election to fill the vacancy,
1781	in which case the election procedures must conform to the
1782	requirements of the governing documents. Unless otherwise
1783	provided in the bylaws, a board member appointed or elected
1784	under this section is appointed for the unexpired term of the
1785	seat being filled. Filling vacancies created by recall is
1786	governed by s. 720.303(10) and rules adopted by the division.
1787	Section 20.  Paragraph (a) of subsection (1) and
1788	subsections (3) and (8) of section 720.3085, Florida Statutes,
1789	are amended to read:
1790	720.3085  Payment for assessments; lien claims.-
1791	(1)  When authorized by the governing documents, the
1792	association has a lien on each parcel to secure the payment of
1793	assessments and other amounts provided for by this section.
1794	Except as otherwise set forth in this section, the lien is
1795	effective from and shall relate back to the date on which the
1796	original declaration of the community was recorded. However, as
1797	to first mortgages of record, the lien is effective from and
1798	after recording of a claim of lien in the public records of the
1799	county in which the parcel is located. This subsection does not
1800	bestow upon any lien, mortgage, or certified judgment of record
1801	on July 1, 2008, including the lien for unpaid assessments
1802	created in this section, a priority that, by law, the lien,
1803	mortgage, or judgment did not have before July 1, 2008.
1804	(a)  To be valid, a claim of lien must state the
1805	description of the parcel, the name of the record owner, the
1806	name and address of the association, the assessment amount due,
1807	and the due date. The claim of lien secures shall secure all
1808	unpaid assessments that are due and that may accrue subsequent
1809	to the recording of the claim of lien and before entry of a
1810	certificate of title, as well as interest, late charges, and
1811	reasonable costs and attorney's fees incurred by the association
1812	incident to the collection process. The person making the
1813	payment is entitled to a satisfaction of the lien upon payment
1814	in full.
1815	(3)  Assessments and installments on assessments that are
1816	not paid when due bear interest from the due date until paid at
1817	the rate provided in the declaration of covenants or the bylaws
1818	of the association, which rate may not exceed the rate allowed
1819	by law. If no rate is provided in the declaration or bylaws,
1820	interest accrues at the rate of 18 percent per year.
1821	(a)  If the declaration or bylaws so provide, the
1822	association may also charge an administrative late fee in an
1823	amount not to exceed the greater of $25 or 5 percent of the
1824	amount of each installment that is paid past the due date.
1825	(b)  Any payment received by an association and accepted
1826	shall be applied first to any interest accrued, then to any
1827	administrative late fee, then to any costs and reasonable
1828	attorney's fees incurred in collection, and then to the
1829	delinquent assessment. This paragraph applies notwithstanding
1830	any restrictive endorsement, designation, or instruction placed
1831	on or accompanying a payment. A late fee is not subject to the
1832	provisions of chapter 687 and is not a fine.
1833	(8)  If the parcel is occupied by a tenant and the parcel
1834	owner is delinquent in paying any monetary obligation due to the
1835	association, the association may demand that the tenant pay rent
1836	to the association and continue to make such payments until all
1837	the monetary obligations of the parcel owner related to the
1838	parcel have been paid in full and the future monetary
1839	obligations related to the parcel. The demand is continuing in
1840	nature, and upon demand, the tenant must continue to pay the
1841	monetary obligations until the association releases the tenant
1842	or until the tenant discontinues tenancy in the parcel. A tenant
1843	who acts in good faith in response to a written demand from an
1844	association is immune from any claim by from the parcel owner
1845	related to the rent once the association has made written
1846	demand. Any payment received from a tenant by the association
1847	must be applied to the parcel owner's oldest delinquent monetary
1848	obligation.
1849	(a)  If the tenant paid prepaid rent to the parcel owner
1850	for a given rental period before receiving the demand from the
1851	association and provides written evidence of prepaying paying
1852	the rent to the association within 14 days after receiving the
1853	demand, the tenant shall receive credit for the prepaid rent for
1854	the applicable period but and must make any subsequent rental
1855	payments to the association to be credited against the monetary
1856	obligations of the parcel owner to the association. The
1857	association shall, upon request, provide the tenant with written
1858	receipts for payments made. The association shall mail written
1859	notice to the parcel owner of the association's demand that the
1860	tenant pay monetary obligations to the association.
1861	(b)  The tenant is not liable for increases in the amount
1862	of the monetary obligations due unless the tenant was notified
1863	in writing of the increase at least 10 days before the date on
1864	which the rent is due. The liability of the tenant may not
1865	exceed the amount due from the tenant to the tenant's landlord.
1866	The tenant shall be given a credit against rents due to the
1867	parcel owner in the amount of assessments paid to the
1868	association.
1869	(c)  The association may issue notices under s. 83.56 and
1870	may sue for eviction under ss. 83.59-83.625 as if the
1871	association were a landlord under part II of chapter 83 if the
1872	tenant fails to pay a monetary obligation. However, the
1873	association is not otherwise considered a landlord under chapter
1874	83 and specifically has no obligations duties under s. 83.51.
1875	(d)  The tenant does not, by virtue of payment of monetary
1876	obligations, have any of the rights of a parcel owner to vote in
1877	any election or to examine the books and records of the
1878	association.
1879	(e)  A court may supersede the effect of this subsection by
1880	appointing a receiver.
1881	Section 21.  Section 720.309, Florida Statutes, is amended
1882	to read:
1883	720.309  Agreements entered into by the association.-
1884	(1)  Any grant or reservation made by any document, and any
1885	contract that has with a term greater than in excess of 10
1886	years, that is made by an association before control of the
1887	association is turned over to the members other than the
1888	developer, and that provides which provide for the operation,
1889	maintenance, or management of the association or common areas,
1890	must be fair and reasonable.
1891	(2)  If the governing documents provide for the cost of
1892	communications services as defined in s. 202.11, information
1893	services or Internet services obtained pursuant to a bulk
1894	contract shall be deemed an operating expense of the
1895	association. If the governing documents do not provide for such
1896	services, the board may contract for the services, and the cost
1897	shall be deemed an operating expense of the association but must
1898	be allocated on a per-parcel basis rather than a percentage
1899	basis, notwithstanding that the governing documents provide for
1900	other than an equal sharing of operating expenses. Any contract
1901	entered into before July 1, 2011, in which the cost of the
1902	service is not equally divided among all parcel owners may be
1903	changed by a majority of the voting interests present at a
1904	regular or special meeting of the association in order to
1905	allocate the cost equally among all parcels.
1906	(a)  Any contract entered into by the board may be canceled
1907	by a majority of the voting interests present at the next
1908	regular or special meeting of the association, whichever occurs
1909	first. Any member may make a motion to cancel such contract, but
1910	if no motion is made or if such motion fails to obtain the
1911	required vote, the contract shall be deemed ratified for the
1912	term expressed therein.
1913	(b)  Any contract entered into by the board must provide,
1914	and shall be deemed to provide if not expressly set forth
1915	therein, that a hearing-impaired or legally blind parcel owner
1916	who does not occupy the parcel with a non-hearing-impaired or
1917	sighted person, or a parcel owner who receives supplemental
1918	security income under Title XVI of the Social Security Act or
1919	food assistance as administered by the Department of Children
1920	and Family Services pursuant to s. 414.31, may discontinue the
1921	service without incurring disconnect fees, penalties, or
1922	subsequent service charges, and may not be required to pay any
1923	operating expenses charge related to such service for those
1924	parcels. If fewer than all parcel owners share the expenses of
1925	the communications services, information services, or Internet
1926	services, the expense must be shared by all participating parcel
1927	owners. The association may use the provisions of s. 720.3085 to
1928	enforce payment by the parcel owners receiving such services.
1929	(c)  A resident of any parcel, whether a tenant or parcel
1930	owner, may not be denied access to available franchised,
1931	licensed, or certificated cable or video service providers if
1932	the resident pays the provider directly for services. A resident
1933	or a cable or video service provider may not be required to pay
1934	anything of value in order to obtain or provide such service
1935	except for the charges normally paid for like services by
1936	residents of single-family homes located outside the community
1937	but within the same franchised, licensed, or certificated area,
1938	and except for installation charges agreed to between the
1939	resident and the service provider.
1940	Section 22.  This act shall take effect July 1, 2011.

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