Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 530
       
       
       
       
       
       
                                Barcode 863324                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RE            .                                
                  04/25/2011           .                                
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       The Committee on Judiciary (Joyner) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (14) of section 633.0215, Florida
    6  Statutes, is amended to read:
    7         633.0215 Florida Fire Prevention Code.—
    8         (14) A condominium, cooperative, or multifamily residential
    9  building that is less than four one or two stories in height and
   10  has an exterior corridor providing a means of egress is exempt
   11  from installing a manual fire alarm system as required in s. 9.6
   12  of the most recent edition of the Life Safety Code adopted in
   13  the Florida Fire Prevention Code. This is intended to clarify
   14  existing law.
   15         Section 2. Paragraphs (a) and (c) of subsection (12) of
   16  section 718.111, Florida Statutes, are amended to read:
   17         718.111 The association.—
   18         (12) OFFICIAL RECORDS.—
   19         (a) From the inception of the association, the association
   20  shall maintain each of the following items, if applicable, which
   21  constitute shall constitute the official records of the
   22  association:
   23         1. A copy of the plans, permits, warranties, and other
   24  items provided by the developer pursuant to s. 718.301(4).
   25         2. A photocopy of the recorded declaration of condominium
   26  of each condominium operated by the association and of each
   27  amendment to each declaration.
   28         3. A photocopy of the recorded bylaws of the association
   29  and of each amendment to the bylaws.
   30         4. A certified copy of the articles of incorporation of the
   31  association, or other documents creating the association, and of
   32  each amendment thereto.
   33         5. A copy of the current rules of the association.
   34         6. A book or books that which contain the minutes of all
   35  meetings of the association, of the board of administration, and
   36  the of unit owners, which minutes must be retained for at least
   37  7 years.
   38         7. A current roster of all unit owners and their mailing
   39  addresses, unit identifications, voting certifications, and, if
   40  known, telephone numbers. The association shall also maintain
   41  the electronic mailing addresses and facsimile the numbers
   42  designated by unit owners for receiving notice sent by
   43  electronic transmission of those unit owners consenting to
   44  receive notice by electronic transmission. The electronic
   45  mailing addresses and facsimile telephone numbers may not be
   46  accessible to unit owners must be removed from association
   47  records if consent to receive notice by electronic transmission
   48  is not provided in accordance with subparagraph (c)5 revoked.
   49  However, the association is not liable for an erroneous
   50  disclosure of the electronic mail address or facsimile the
   51  number for receiving electronic transmission of notices.
   52         8. All current insurance policies of the association and
   53  condominiums operated by the association.
   54         9. A current copy of any management agreement, lease, or
   55  other contract to which the association is a party or under
   56  which the association or the unit owners have an obligation or
   57  responsibility.
   58         10. Bills of sale or transfer for all property owned by the
   59  association.
   60         11. Accounting records for the association and separate
   61  accounting records for each condominium that which the
   62  association operates. All accounting records must shall be
   63  maintained for at least 7 years. Any person who knowingly or
   64  intentionally defaces or destroys such accounting records
   65  required to be created and maintained by this chapter during the
   66  period for which such records are required to be maintained, or
   67  who knowingly or intentionally fails to create or maintain such
   68  records, with the intent of causing harm to the association or
   69  one or more of its members, is personally subject to a civil
   70  penalty pursuant to s. 718.501(1)(d). The accounting records
   71  must include, but are not limited to:
   72         a. Accurate, itemized, and detailed records of all receipts
   73  and expenditures.
   74         b. A current account and a monthly, bimonthly, or quarterly
   75  statement of the account for each unit designating the name of
   76  the unit owner, the due date and amount of each assessment, the
   77  amount paid on upon the account, and the balance due.
   78         c. All audits, reviews, accounting statements, and
   79  financial reports of the association or condominium.
   80         d. All contracts for work to be performed. Bids for work to
   81  be performed are also considered official records and must be
   82  maintained by the association.
   83         12. Ballots, sign-in sheets, voting proxies, and all other
   84  papers relating to voting by unit owners, which must be
   85  maintained for 1 year from the date of the election, vote, or
   86  meeting to which the document relates, notwithstanding paragraph
   87  (b).
   88         13. All rental records if the association is acting as
   89  agent for the rental of condominium units.
   90         14. A copy of the current question and answer sheet as
   91  described in s. 718.504.
   92         15. All other records of the association not specifically
   93  included in the foregoing which are related to the operation of
   94  the association.
   95         16. A copy of the inspection report as described provided
   96  in s. 718.301(4)(p).
   97         (c) The official records of the association are open to
   98  inspection by any association member or the authorized
   99  representative of such member at all reasonable times. The right
  100  to inspect the records includes the right to make or obtain
  101  copies, at the reasonable expense, if any, of the member. The
  102  association may adopt reasonable rules regarding the frequency,
  103  time, location, notice, and manner of record inspections and
  104  copying. The failure of an association to provide the records
  105  within 10 working days after receipt of a written request
  106  creates a rebuttable presumption that the association willfully
  107  failed to comply with this paragraph. A unit owner who is denied
  108  access to official records is entitled to the actual damages or
  109  minimum damages for the association’s willful failure to comply.
  110  Minimum damages are shall be $50 per calendar day for up to 10
  111  days, beginning the calculation to begin on the 11th working day
  112  after receipt of the written request. The failure to permit
  113  inspection of the association records as provided herein
  114  entitles any person prevailing in an enforcement action to
  115  recover reasonable attorney’s fees from the person in control of
  116  the records who, directly or indirectly, knowingly denied access
  117  to the records. Any person who knowingly or intentionally
  118  defaces or destroys accounting records that are required by this
  119  chapter to be maintained under this chapter during the period
  120  for which such records are required to be maintained, or who
  121  knowingly or intentionally fails to create or maintain
  122  accounting records that are required to be created or
  123  maintained, with the intent of causing harm to the association
  124  or one or more of its members, is personally subject to a civil
  125  penalty pursuant to s. 718.501(1)(d). The association shall
  126  maintain an adequate number of copies of the declaration,
  127  articles of incorporation, bylaws, and rules, and all amendments
  128  to each of the foregoing, as well as the question and answer
  129  sheet as described provided for in s. 718.504 and year-end
  130  financial information required under in this section, on the
  131  condominium property to ensure their availability to unit owners
  132  and prospective purchasers, and may charge its actual costs for
  133  preparing and furnishing these documents to those requesting the
  134  documents. Notwithstanding the provisions of this paragraph, the
  135  following records are not accessible to unit owners:
  136         1. Any record protected by the lawyer-client privilege as
  137  described in s. 90.502; and any record protected by the work
  138  product privilege, including a any record prepared by an
  139  association attorney or prepared at the attorney’s express
  140  direction,; which reflects a mental impression, conclusion,
  141  litigation strategy, or legal theory of the attorney or the
  142  association, and which was prepared exclusively for civil or
  143  criminal litigation or for adversarial administrative
  144  proceedings, or which was prepared in anticipation of such
  145  imminent civil or criminal litigation or imminent adversarial
  146  administrative proceedings until the conclusion of the
  147  litigation or adversarial administrative proceedings.
  148         2. Information obtained by an association in connection
  149  with the approval of the lease, sale, or other transfer of a
  150  unit.
  151         3. Personnel records of association or management company
  152  employees, including, but not limited to, disciplinary, payroll,
  153  health, and insurance records. For purposes of this
  154  subparagraph, the term “personnel records” does not include
  155  written employment agreements with an association employee or
  156  budgetary or financial records that indicate the compensation
  157  paid to an association employee.
  158         4. Medical records of unit owners.
  159         5. Social security numbers, driver’s license numbers,
  160  credit card numbers, e-mail addresses, telephone numbers,
  161  facsimile numbers, emergency contact information, any addresses
  162  of a unit owner other than as provided to fulfill the
  163  association’s notice requirements, and other personal
  164  identifying information of any person, excluding the person’s
  165  name, unit designation, mailing address, and property address,
  166  and any address, e-mail address, or facsimile number provided to
  167  the association to fulfill the association’s notice
  168  requirements. However, an owner may consent in writing to the
  169  disclosure of protected information described in this
  170  subparagraph. The association is not liable for the disclosure
  171  of information that is protected under this subparagraph if the
  172  information is included in an official record of the association
  173  and is voluntarily provided by an owner and not requested by the
  174  association.
  175         6. Any Electronic security measures measure that are is
  176  used by the association to safeguard data, including passwords.
  177         7. The software and operating system used by the
  178  association which allow the allows manipulation of data, even if
  179  the owner owns a copy of the same software used by the
  180  association. The data is part of the official records of the
  181  association.
  182         Section 3. Paragraphs (b), (c), and (d) of subsection (2)
  183  of section 718.112, Florida Statutes, are amended to read:
  184         718.112 Bylaws.—
  185         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  186  following and, if they do not do so, shall be deemed to include
  187  the following:
  188         (b) Quorum; voting requirements; proxies.—
  189         1. Unless a lower number is provided in the bylaws, the
  190  percentage of voting interests required to constitute a quorum
  191  at a meeting of the members is shall be a majority of the voting
  192  interests. Unless otherwise provided in this chapter or in the
  193  declaration, articles of incorporation, or bylaws, and except as
  194  provided in subparagraph (d)4. (d)3., decisions shall be made by
  195  owners of a majority of the voting interests represented at a
  196  meeting at which a quorum is present.
  197         2. Except as specifically otherwise provided herein, after
  198  January 1, 1992, unit owners may not vote by general proxy, but
  199  may vote by limited proxies substantially conforming to a
  200  limited proxy form adopted by the division. A No voting interest
  201  or consent right allocated to a unit owned by the association
  202  may not shall be exercised or considered for any purpose,
  203  whether for a quorum, an election, or otherwise. Limited proxies
  204  and general proxies may be used to establish a quorum. Limited
  205  proxies shall be used for votes taken to waive or reduce
  206  reserves in accordance with subparagraph (f)2.; for votes taken
  207  to waive the financial reporting requirements of s. 718.111(13);
  208  for votes taken to amend the declaration pursuant to s. 718.110;
  209  for votes taken to amend the articles of incorporation or bylaws
  210  pursuant to this section; and for any other matter for which
  211  this chapter requires or permits a vote of the unit owners.
  212  Except as provided in paragraph (d), a after January 1, 1992, no
  213  proxy, limited or general, may not shall be used in the election
  214  of board members. General proxies may be used for other matters
  215  for which limited proxies are not required, and may also be used
  216  in voting for nonsubstantive changes to items for which a
  217  limited proxy is required and given. Notwithstanding the
  218  provisions of this subparagraph, unit owners may vote in person
  219  at unit owner meetings. This subparagraph does not Nothing
  220  contained herein shall limit the use of general proxies or
  221  require the use of limited proxies for any agenda item or
  222  election at any meeting of a timeshare condominium association.
  223         3. Any proxy given is shall be effective only for the
  224  specific meeting for which originally given and any lawfully
  225  adjourned meetings thereof. A In no event shall any proxy is not
  226  be valid for a period longer than 90 days after the date of the
  227  first meeting for which it was given. Every proxy is revocable
  228  at any time at the pleasure of the unit owner executing it.
  229         4. A member of the board of administration or a committee
  230  may submit in writing his or her agreement or disagreement with
  231  any action taken at a meeting that the member did not attend.
  232  This agreement or disagreement may not be used as a vote for or
  233  against the action taken or to create and may not be used for
  234  the purposes of creating a quorum.
  235         5. If When any of the board or committee members meet by
  236  telephone conference, those board or committee members attending
  237  by telephone conference may be counted toward obtaining a quorum
  238  and may vote by telephone. A telephone speaker must be used so
  239  that the conversation of those board or committee members
  240  attending by telephone may be heard by the board or committee
  241  members attending in person as well as by any unit owners
  242  present at a meeting.
  243         (c) Board of administration meetings.—Meetings of the board
  244  of administration at which a quorum of the members is present
  245  are shall be open to all unit owners. A Any unit owner may tape
  246  record or videotape the meetings of the board of administration.
  247  The right to attend such meetings includes the right to speak at
  248  such meetings with reference to all designated agenda items. The
  249  division shall adopt reasonable rules governing the tape
  250  recording and videotaping of the meeting. The association may
  251  adopt written reasonable rules governing the frequency,
  252  duration, and manner of unit owner statements.
  253         1. Adequate notice of all board meetings, which must notice
  254  shall specifically identify all incorporate an identification of
  255  agenda items, must shall be posted conspicuously on the
  256  condominium property at least 48 continuous hours before
  257  preceding the meeting except in an emergency. If 20 percent of
  258  the voting interests petition the board to address an item of
  259  business, the board shall at its next regular board meeting or
  260  at a special meeting of the board, but not later than 60 days
  261  after the receipt of the petition, shall place the item on the
  262  agenda. Any item not included on the notice may be taken up on
  263  an emergency basis by at least a majority plus one of the board
  264  members of the board. Such emergency action must shall be
  265  noticed and ratified at the next regular board meeting of the
  266  board. However, written notice of any meeting at which
  267  nonemergency special assessments, or at which amendment to rules
  268  regarding unit use, will be considered must shall be mailed,
  269  delivered, or electronically transmitted to the unit owners and
  270  posted conspicuously on the condominium property at least not
  271  less than 14 days before prior to the meeting. Evidence of
  272  compliance with this 14-day notice requirement must shall be
  273  made by an affidavit executed by the person providing the notice
  274  and filed with among the official records of the association.
  275  Upon notice to the unit owners, the board shall, by duly adopted
  276  rule, designate a specific location on the condominium property
  277  or association property where upon which all notices of board
  278  meetings are to shall be posted. If there is no condominium
  279  property or association property where upon which notices can be
  280  posted, notices of board meetings shall be mailed, delivered, or
  281  electronically transmitted at least 14 days before the meeting
  282  to the owner of each unit. In lieu of or in addition to the
  283  physical posting of the notice of any meeting of the board of
  284  administration on the condominium property, the association may,
  285  by reasonable rule, adopt a procedure for conspicuously posting
  286  and repeatedly broadcasting the notice and the agenda on a
  287  closed-circuit cable television system serving the condominium
  288  association. However, if broadcast notice is used in lieu of a
  289  notice posted physically posted on the condominium property, the
  290  notice and agenda must be broadcast at least four times every
  291  broadcast hour of each day that a posted notice is otherwise
  292  required under this section. If When broadcast notice is
  293  provided, the notice and agenda must be broadcast in a manner
  294  and for a sufficient continuous length of time so as to allow an
  295  average reader to observe the notice and read and comprehend the
  296  entire content of the notice and the agenda. Notice of any
  297  meeting in which regular or special assessments against unit
  298  owners are to be considered for any reason must shall
  299  specifically state that assessments will be considered and
  300  provide the nature, estimated cost, and description of the
  301  purposes for such assessments.
  302         2. Meetings of a committee to take final action on behalf
  303  of the board or make recommendations to the board regarding the
  304  association budget are subject to the provisions of this
  305  paragraph. Meetings of a committee that does not take final
  306  action on behalf of the board or make recommendations to the
  307  board regarding the association budget are subject to the
  308  provisions of this section, unless those meetings are exempted
  309  from this section by the bylaws of the association.
  310         3. Notwithstanding any other law, the requirement that
  311  board meetings and committee meetings be open to the unit owners
  312  does not apply is inapplicable to:
  313         a. Meetings between the board or a committee and the
  314  association’s attorney, with respect to proposed or pending
  315  litigation, if when the meeting is held for the purpose of
  316  seeking or rendering legal advice; or
  317         b. Board meetings held for the purpose of discussing
  318  personnel matters.
  319         (d) Unit owner meetings.—
  320         1. An annual meeting of the unit owners shall be held at
  321  the location provided in the association bylaws and, if the
  322  bylaws are silent as to the location, the meeting shall be held
  323  within 45 miles of the condominium property. However, such
  324  distance requirement does not apply to an association governing
  325  a timeshare condominium.
  326         2. Unless the bylaws provide otherwise, a vacancy on the
  327  board caused by the expiration of a director’s term shall be
  328  filled by electing a new board member, and the election must be
  329  by secret ballot. An election is not required However, if the
  330  number of vacancies equals or exceeds the number of candidates,
  331  an election is not required. For purposes of this paragraph, the
  332  term “candidate” means an eligible person who has timely
  333  submitted the written notice, as described in sub-subparagraph
  334  4.a., of his or her intention to become a candidate. Except in a
  335  timeshare condominium, or if the staggered term of a board
  336  member does not expire until a later annual meeting, or if all
  337  members terms would otherwise expire but there are no
  338  candidates, the terms of all board members of the board expire
  339  at the annual meeting, and such board members may stand for
  340  reelection unless prohibited otherwise permitted by the bylaws.
  341  If the bylaws permit staggered terms of no more than 2 years and
  342  upon approval of a majority of the total voting interests, the
  343  association board members may serve 2-year staggered terms. If
  344  the number of board members whose terms expire at the annual
  345  meeting equals or have expired exceeds the number of candidates,
  346  the candidates become members of the board effective upon the
  347  adjournment of the annual meeting. Unless the bylaws provide
  348  otherwise, any remaining vacancies shall be filled by the
  349  affirmative vote of the majority of the directors making up the
  350  newly constituted board even if the directors constitute less
  351  than a quorum or there is only one director eligible members
  352  showing interest in or demonstrating an intention to run for the
  353  vacant positions, each board member whose term has expired is
  354  eligible for reappointment to the board of administration and
  355  need not stand for reelection. In a condominium association of
  356  more than 10 units or in a condominium association that does not
  357  include timeshare units or timeshare interests, coowners of a
  358  unit may not serve as members of the board of directors at the
  359  same time unless they own more than one unit or unless there are
  360  not enough eligible candidates to fill the vacancies on the
  361  board at the time of the vacancy. Any unit owner desiring to be
  362  a candidate for board membership must comply with sub
  363  subparagraph 4.a. and must be eligible to serve on the board of
  364  directors at the time of the deadline for submitting a notice of
  365  intent to run, and continuously thereafter, in order to have his
  366  or her name listed as a proper candidate on the ballot or to
  367  serve on the board 3.a. A person who has been suspended or
  368  removed by the division under this chapter, or who is delinquent
  369  in the payment of any fee, fine, or special or regular
  370  assessment as provided in paragraph (n), is not eligible for
  371  board membership. A person who has been convicted of any felony
  372  in this state or in a United States District or Territorial
  373  Court, or who has been convicted of any offense in another
  374  jurisdiction which that would be considered a felony if
  375  committed in this state, is not eligible for board membership
  376  unless such felon’s civil rights have been restored for at least
  377  5 years as of the date on which such person seeks election to
  378  the board. The validity of an action by the board is not
  379  affected if it is later determined that a board member of the
  380  board is ineligible for board membership due to having been
  381  convicted of a felony.
  382         3.2. The bylaws must provide the method of calling meetings
  383  of unit owners, including annual meetings. Written notice, which
  384  must include an agenda, must shall be mailed, hand delivered, or
  385  electronically transmitted to each unit owner at least 14 days
  386  before the annual meeting, and must be posted in a conspicuous
  387  place on the condominium property at least 14 continuous days
  388  before preceding the annual meeting. Upon notice to the unit
  389  owners, the board shall, by duly adopted rule, designate a
  390  specific location on the condominium property or association
  391  property where upon which all notices of unit owner meetings
  392  shall be posted. This requirement does not apply However, if
  393  there is no condominium property or association property for
  394  posting upon which notices can be posted, this requirement does
  395  not apply. In lieu of, or in addition to, the physical posting
  396  of meeting notices, the association may, by reasonable rule,
  397  adopt a procedure for conspicuously posting and repeatedly
  398  broadcasting the notice and the agenda on a closed-circuit cable
  399  television system serving the condominium association. However,
  400  if broadcast notice is used in lieu of a notice posted
  401  physically on the condominium property, the notice and agenda
  402  must be broadcast at least four times every broadcast hour of
  403  each day that a posted notice is otherwise required under this
  404  section. If broadcast notice is provided, the notice and agenda
  405  must be broadcast in a manner and for a sufficient continuous
  406  length of time so as to allow an average reader to observe the
  407  notice and read and comprehend the entire content of the notice
  408  and the agenda. Unless a unit owner waives in writing the right
  409  to receive notice of the annual meeting, such notice must be
  410  hand delivered, mailed, or electronically transmitted to each
  411  unit owner. Notice for meetings and notice for all other
  412  purposes must be mailed to each unit owner at the address last
  413  furnished to the association by the unit owner, or hand
  414  delivered to each unit owner. However, if a unit is owned by
  415  more than one person, the association must shall provide notice,
  416  for meetings and all other purposes, to the that one address
  417  that which the developer initially identifies for that purpose
  418  and thereafter as one or more of the owners of the unit shall
  419  advise the association in writing, or if no address is given or
  420  the owners of the unit do not agree, to the address provided on
  421  the deed of record. An officer of the association, or the
  422  manager or other person providing notice of the association
  423  meeting, must shall provide an affidavit or United States Postal
  424  Service certificate of mailing, to be included in the official
  425  records of the association affirming that the notice was mailed
  426  or hand delivered, in accordance with this provision.
  427         4.3. The members of the board shall be elected by written
  428  ballot or voting machine. Proxies may not be used in electing
  429  the board in general elections or elections to fill vacancies
  430  caused by recall, resignation, or otherwise, unless otherwise
  431  provided in this chapter.
  432         a. At least 60 days before a scheduled election, the
  433  association shall mail, deliver, or electronically transmit,
  434  whether by separate association mailing or included in another
  435  association mailing, delivery, or transmission, including
  436  regularly published newsletters, to each unit owner entitled to
  437  a vote, a first notice of the date of the election. Any unit
  438  owner or other eligible person desiring to be a candidate for
  439  the board must give written notice of his or her intent to be a
  440  candidate to the association at least 40 days before a scheduled
  441  election. Together with the written notice and agenda as set
  442  forth in subparagraph 3. 2., the association shall mail,
  443  deliver, or electronically transmit a second notice of the
  444  election to all unit owners entitled to vote, together with a
  445  ballot that lists all candidates. Upon request of a candidate,
  446  an information sheet, no larger than 8 1/2 inches by 11 inches,
  447  which must be furnished by the candidate at least 35 days before
  448  the election, must be included with the mailing, delivery, or
  449  transmission of the ballot, with the costs of mailing, delivery,
  450  or electronic transmission and copying to be borne by the
  451  association. The association is not liable for the contents of
  452  the information sheets prepared by the candidates. In order to
  453  reduce costs, the association may print or duplicate the
  454  information sheets on both sides of the paper. The division
  455  shall by rule establish voting procedures consistent with this
  456  sub-subparagraph, including rules establishing procedures for
  457  giving notice by electronic transmission and rules providing for
  458  the secrecy of ballots. Elections shall be decided by a
  459  plurality of those ballots cast. There is no quorum requirement;
  460  however, at least 20 percent of the eligible voters must cast a
  461  ballot in order to have a valid election of members of the
  462  board. A unit owner may not permit any other person to vote his
  463  or her ballot, and any ballots improperly cast are invalid. A,
  464  provided any unit owner who violates this provision may be fined
  465  by the association in accordance with s. 718.303. A unit owner
  466  who needs assistance in casting the ballot for the reasons
  467  stated in s. 101.051 may obtain such assistance. The regular
  468  election must occur on the date of the annual meeting. This sub
  469  subparagraph does not apply to timeshare condominium
  470  associations. Notwithstanding this sub-subparagraph, an election
  471  is not required unless more candidates file notices of intent to
  472  run or are nominated than board vacancies exist.
  473         b. Within 90 days after being elected or appointed to the
  474  board, each newly elected or appointed director shall certify in
  475  writing to the secretary of the association that he or she has
  476  read the association’s declaration of condominium, articles of
  477  incorporation, bylaws, and current written policies; that he or
  478  she will work to uphold such documents and policies to the best
  479  of his or her ability; and that he or she will faithfully
  480  discharge his or her fiduciary responsibility to the
  481  association’s members. In lieu of this written certification,
  482  within 90 days after being elected or appointed to the board,
  483  the newly elected or appointed director may submit a certificate
  484  of having satisfactorily completed satisfactory completion of
  485  the educational curriculum administered by a division-approved
  486  condominium education provider within 1 year before or 90 days
  487  after the date of election or appointment. The written
  488  certification or educational certificate is valid and does not
  489  have to be resubmitted as long as the director serves on the
  490  board without interruption. A director who fails to timely file
  491  the written certification or educational certificate is
  492  suspended from service on the board until he or she complies
  493  with this sub-subparagraph. The board may temporarily fill the
  494  vacancy during the period of suspension. The secretary shall
  495  cause the association to retain a director’s written
  496  certification or educational certificate for inspection by the
  497  members for 5 years after a director’s election. Failure to have
  498  such written certification or educational certificate on file
  499  does not affect the validity of any board action.
  500         5.4. Any approval by unit owners called for by this chapter
  501  or the applicable declaration or bylaws, including, but not
  502  limited to, the approval requirement in s. 718.111(8), must
  503  shall be made at a duly noticed meeting of unit owners and is
  504  subject to all requirements of this chapter or the applicable
  505  condominium documents relating to unit owner decisionmaking,
  506  except that unit owners may take action by written agreement,
  507  without meetings, on matters for which action by written
  508  agreement without meetings is expressly allowed by the
  509  applicable bylaws or declaration or any law statute that
  510  provides for such action.
  511         6.5. Unit owners may waive notice of specific meetings if
  512  allowed by the applicable bylaws or declaration or any law
  513  statute. If authorized by the bylaws, notice of meetings of the
  514  board of administration, unit owner meetings, except unit owner
  515  meetings called to recall board members under paragraph (j), and
  516  committee meetings may be given by electronic transmission to
  517  unit owners who consent to receive notice by electronic
  518  transmission.
  519         7.6. Unit owners shall have the right to participate in
  520  meetings of unit owners with reference to all designated agenda
  521  items. However, the association may adopt reasonable rules
  522  governing the frequency, duration, and manner of unit owner
  523  participation.
  524         8.7.A Any unit owner may tape record or videotape a
  525  meeting of the unit owners subject to reasonable rules adopted
  526  by the division.
  527         9.8. Unless otherwise provided in the bylaws, any vacancy
  528  occurring on the board before the expiration of a term may be
  529  filled by the affirmative vote of the majority of the remaining
  530  directors, even if the remaining directors constitute less than
  531  a quorum, or by the sole remaining director. In the alternative,
  532  a board may hold an election to fill the vacancy, in which case
  533  the election procedures must conform to the requirements of sub
  534  subparagraph 4.a. 3.a. unless the association governs 10 units
  535  or fewer and has opted out of the statutory election process, in
  536  which case the bylaws of the association control. Unless
  537  otherwise provided in the bylaws, a board member appointed or
  538  elected under this section shall fill the vacancy for the
  539  unexpired term of the seat being filled. Filling vacancies
  540  created by recall is governed by paragraph (j) and rules adopted
  541  by the division.
  542         10. This chapter does not limit the use of general or
  543  limited proxies, require the use of general or limited proxies,
  544  or require the use of a written ballot or voting machine for any
  545  agenda item or election at any meeting of a timeshare
  546  condominium association.
  547  
  548  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a.
  549  (d)3.a., an association of 10 or fewer units may, by affirmative
  550  vote of a majority of the total voting interests, provide for
  551  different voting and election procedures in its bylaws, which
  552  vote may be by a proxy specifically delineating the different
  553  voting and election procedures. The different voting and
  554  election procedures may provide for elections to be conducted by
  555  limited or general proxy.
  556         Section 4. Subsection (5) of section 718.113, Florida
  557  Statutes, is amended to read:
  558         718.113 Maintenance; limitation upon improvement; display
  559  of flag; hurricane shutters; display of religious decorations.—
  560         (5) Each board of administration shall adopt hurricane
  561  shutter specifications for each building within each condominium
  562  operated by the association which shall include color, style,
  563  and other factors deemed relevant by the board. All
  564  specifications adopted by the board must shall comply with the
  565  applicable building code.
  566         (a) The board may, subject to the provisions of s.
  567  718.3026, and the approval of a majority of voting interests of
  568  the condominium, install hurricane shutters, impact glass or
  569  other code-compliant windows, or hurricane protection that
  570  complies with or exceeds the applicable building code. However,
  571  or both, except that a vote of the owners is not required if the
  572  maintenance, repair, and replacement of hurricane shutters,
  573  impact glass, or other code-compliant windows or other forms of
  574  hurricane protection are the responsibility of the association
  575  pursuant to the declaration of condominium. If However, where
  576  hurricane protection or laminated glass or window film
  577  architecturally designed to function as hurricane protection
  578  which complies with or exceeds the current applicable building
  579  code has been previously installed, the board may not install
  580  hurricane shutters, or other hurricane protection, or impact
  581  glass or other code-compliant windows except upon approval by a
  582  majority vote of the voting interests.
  583         (b) The association is shall be responsible for the
  584  maintenance, repair, and replacement of the hurricane shutters
  585  or other hurricane protection authorized by this subsection if
  586  such hurricane shutters or other hurricane protection is the
  587  responsibility of the association pursuant to the declaration of
  588  condominium. If the hurricane shutters or other hurricane
  589  protection is authorized by this subsection are the
  590  responsibility of the unit owners pursuant to the declaration of
  591  condominium, the responsibility for the maintenance, repair, and
  592  replacement of such items is shall be the responsibility of the
  593  unit owner.
  594         (c) The board may operate shutters installed pursuant to
  595  this subsection without permission of the unit owners only if
  596  where such operation is necessary to preserve and protect the
  597  condominium property and association property. The installation,
  598  replacement, operation, repair, and maintenance of such shutters
  599  in accordance with the procedures set forth in this paragraph
  600  are herein shall not be deemed a material alteration to the
  601  common elements or association property within the meaning of
  602  this section.
  603         (d) Notwithstanding any other provision to the contrary in
  604  the condominium documents, if approval is required by the
  605  documents, a board may shall not refuse to approve the
  606  installation or replacement of hurricane shutters by a unit
  607  owner conforming to the specifications adopted by the board.
  608         Section 5. Section 718.114, Florida Statutes, is amended to
  609  read:
  610         718.114 Association powers.—An association may has the
  611  power to enter into agreements, to acquire leaseholds,
  612  memberships, and other possessory or use interests in lands or
  613  facilities such as country clubs, golf courses, marinas, and
  614  other recreational facilities,. It has this power whether or not
  615  the lands or facilities are contiguous to the lands of the
  616  condominium, if such lands and facilities they are intended to
  617  provide enjoyment, recreation, or other use or benefit to the
  618  unit owners. All of these leaseholds, memberships, and other
  619  possessory or use interests existing or created at the time of
  620  recording the declaration must be stated and fully described in
  621  the declaration. Subsequent to the recording of the declaration,
  622  agreements acquiring these leaseholds, memberships, or other
  623  possessory or use interests which are not entered into within 12
  624  months following the recording of the declaration are shall be
  625  considered a material alteration or substantial addition to the
  626  real property that is association property, and the association
  627  may not acquire or enter into such agreements acquiring these
  628  leaseholds, memberships, or other possessory or use interests
  629  except upon a vote of, or written consent by, a majority of the
  630  total voting interests or as authorized by the declaration as
  631  provided in s. 718.113. The declaration may provide that the
  632  rental, membership fees, operations, replacements, and other
  633  expenses are common expenses and may impose covenants and
  634  restrictions concerning their use and may contain other
  635  provisions not inconsistent with this chapter. A condominium
  636  association may conduct bingo games as provided in s. 849.0931.
  637         Section 6. Subsections (1) and (3), paragraph (b) of
  638  subsection (5), and subsection (11) of section 718.116, Florida
  639  Statutes, are amended to read:
  640         718.116 Assessments; liability; lien and priority;
  641  interest; collection.—
  642         (1)(a) A unit owner, regardless of how his or her title has
  643  been acquired, including by purchase at a foreclosure sale or by
  644  deed in lieu of foreclosure, is liable for all assessments which
  645  come due while he or she is the unit owner. Additionally, A unit
  646  owner is also jointly and severally liable with the previous
  647  owner for all unpaid assessments that came due up to the time of
  648  transfer of title. This liability is without prejudice to any
  649  right the owner may have to recover from the previous owner the
  650  amounts paid by the owner.
  651         (a)(b) The liability of a first mortgagee or its successor
  652  or assignees who acquire title to a unit by foreclosure or by
  653  deed in lieu of foreclosure for the unpaid assessments that
  654  became due before the mortgagee’s acquisition of title is
  655  limited to the lesser of:
  656         1. The unit’s unpaid common expenses and regular periodic
  657  assessments that which accrued or came due during the 12 months
  658  immediately preceding the acquisition of title and for which
  659  payment in full has not been received by the association; or
  660         2. One percent of the original mortgage debt.
  661  
  662  The provisions of this paragraph apply only if the first
  663  mortgagee joined the association as a defendant in the
  664  foreclosure action. Joinder of the association is not required
  665  if, on the date the complaint is filed, the association was
  666  dissolved or did not maintain an office or agent for service of
  667  process at a location that which was known to or reasonably
  668  discoverable by the mortgagee.
  669         (b) An association, or its successor or assignee, which
  670  acquires title to a unit through the foreclosure of its lien for
  671  assessments is not liable for any unpaid assessments, late fees,
  672  interest, or reasonable attorney’s fees and costs that came due
  673  before the association’s acquisition of title in favor of any
  674  other association, as defined in s. 718.103(2) or s. 720.301(9),
  675  which holds a superior lien interest on the unit. This paragraph
  676  is intended to clarify existing law.
  677         (c) The person acquiring title shall pay the amount owed to
  678  the association within 30 days after transfer of title. Failure
  679  to pay the full amount when due entitles shall entitle the
  680  association to record a claim of lien against the parcel and
  681  proceed in the same manner as provided in this section for the
  682  collection of unpaid assessments.
  683         (d) With respect to each timeshare unit, each owner of a
  684  timeshare estate therein is jointly and severally liable for the
  685  payment of all assessments and other charges levied against or
  686  with respect to that unit pursuant to the declaration or bylaws,
  687  except to the extent that the declaration or bylaws may
  688  otherwise provide to the contrary.
  689         (e) Notwithstanding the provisions of paragraph (a) (b), a
  690  first mortgagee or its successor or assignees who acquire title
  691  to a condominium unit as a result of the foreclosure of the
  692  mortgage or by deed in lieu of foreclosure of the mortgage are
  693  shall be exempt from liability for all unpaid assessments
  694  attributable to the parcel or chargeable to the previous owner
  695  which came due before prior to acquisition of title if the first
  696  mortgage was recorded before prior to April 1, 1992. If,
  697  However, if the first mortgage was recorded on or after April 1,
  698  1992, or if on the date the mortgage was recorded, the
  699  declaration included language incorporating by reference future
  700  amendments to this chapter, the provisions of paragraph (a) does
  701  (b) shall apply.
  702         (f) The provisions of this subsection are intended to
  703  clarify existing law, and are shall not be available if in any
  704  case where the unpaid assessments sought to be recovered by the
  705  association are secured by a lien recorded before prior to the
  706  recording of the mortgage. Notwithstanding the provisions of
  707  chapter 48, the association is shall be a proper party to
  708  intervene in any foreclosure proceeding to seek equitable
  709  relief.
  710         (g) For purposes of this subsection, the term “successor or
  711  assignee” as used with respect to a first mortgagee includes
  712  only a subsequent holder of the first mortgage.
  713         (3) Assessments and installments on assessments which are
  714  not paid when due bear interest at the rate provided in the
  715  declaration, from the due date until paid. The This rate may not
  716  exceed the rate allowed by law, and, if no rate is provided in
  717  the declaration, interest accrues at the rate of 18 percent per
  718  year. Also, If provided by the declaration or bylaws, the
  719  association may, in addition to such interest, charge an
  720  administrative late fee of up to the greater of $25 or 5 percent
  721  of each installment of the assessment for each delinquent
  722  installment for which the payment is late. Any payment received
  723  by an association must be applied first to any interest accrued
  724  by the association, then to any administrative late fee, then to
  725  any costs and reasonable attorney’s fees incurred in collection,
  726  and then to the delinquent assessment. The foregoing applies is
  727  applicable notwithstanding any restrictive endorsement,
  728  designation, or instruction placed on or accompanying a payment.
  729  A late fee is not subject to chapter 687 or s. 718.303(4)
  730  718.303(3).
  731         (5)
  732         (b) To be valid, a claim of lien must state the description
  733  of the condominium parcel, the name of the record owner, the
  734  name and address of the association, the amount due, and the due
  735  dates. It must be executed and acknowledged by an officer or
  736  authorized agent of the association. The lien is not effective
  737  longer than 1 year after the claim of lien was recorded unless,
  738  within that time, an action to enforce the lien is commenced.
  739  The 1-year period is automatically extended for any length of
  740  time during which the association is prevented from filing a
  741  foreclosure action by an automatic stay resulting from a
  742  bankruptcy petition filed by the parcel owner or any other
  743  person claiming an interest in the parcel. The claim of lien
  744  secures all unpaid assessments that are due and that may accrue
  745  after the claim of lien is recorded and through the entry of a
  746  final judgment, as well as interest and all reasonable costs and
  747  attorney’s fees incurred by the association incident to the
  748  collection process. Upon payment in full, the person making the
  749  payment is entitled to a satisfaction of the lien.
  750  
  751  After notice of contest of lien has been recorded, the clerk of
  752  the circuit court shall mail a copy of the recorded notice to
  753  the association by certified mail, return receipt requested, at
  754  the address shown in the claim of lien or most recent amendment
  755  to it and shall certify to the service on the face of the
  756  notice. Service is complete upon mailing. After service, the
  757  association has 90 days in which to file an action to enforce
  758  the lien; and, if the action is not filed within the 90-day
  759  period, the lien is void. However, the 90-day period shall be
  760  extended for any length of time that the association is
  761  prevented from filing its action because of an automatic stay
  762  resulting from the filing of a bankruptcy petition by the unit
  763  owner or by any other person claiming an interest in the parcel.
  764         (11) If the unit is occupied by a tenant and the unit owner
  765  is delinquent in paying any monetary obligation due to the
  766  association, the association may make a written demand that the
  767  tenant pay subsequent rental payments to the association the
  768  future monetary obligations related to the condominium unit to
  769  the association, and continue to the tenant must make such
  770  payments until all monetary obligations of the unit owner
  771  related to the unit have been paid in full to the association
  772  payment. The demand is continuing in nature and, upon demand,
  773  The tenant must pay rent the monetary obligations to the
  774  association until the association releases the tenant or the
  775  tenant discontinues tenancy in the unit. The association must
  776  mail written notice to the unit owner of the association’s
  777  demand that the tenant make payments to the association. The
  778  association shall, upon request, provide the tenant with written
  779  receipts for payments made. A tenant who acts in good faith in
  780  response to a written demand from an association is immune from
  781  any claim by from the unit owner.
  782         (a) The association must provide written notice to the unit
  783  owner of the association’s demand that the tenant make payments
  784  to the association. Such notice must be made by hand delivery or
  785  United States mail and in substantially the following form:
  786  
  787         Pursuant to s. 718.116(11), Florida Statutes, the
  788         association hereby demands that you pay your rent
  789         directly to the condominium association and continue
  790         until the association notifies you otherwise.
  791         Payment due the association may be in the same
  792         form you paid your landlord and must be sent by U.S.
  793         Mail or hand delivered to (...full address...) and
  794         payable to (...name...).
  795         Your obligation to pay your rent to the
  796         association begins immediately, unless you have
  797         already paid rent to your landlord for the current
  798         period before receiving this notice. In such case, you
  799         must provide the association written proof of your
  800         payment within 14 days after receiving this notice,
  801         and your obligation to pay rent to the association
  802         begins with the next rental period.
  803         Section 7.116(11), Florida Statutes, also
  804         provides that your payment of rent to the association
  805         gives you complete immunity from any claim for the
  806         rent by your landlord for all amounts timely paid to
  807         the association.
  808  
  809         (b)(a) If the tenant paid prepaid rent to the landlord or
  810  unit owner for a given rental period before receiving the demand
  811  from the association and provides written evidence to the
  812  association of having paid paying the rent to the association
  813  within 14 days after receiving the demand, the tenant shall
  814  begin making rental payments for the following rental period and
  815  continue making receive credit for the prepaid rent for the
  816  applicable period and must make any subsequent rental payments
  817  to the association to be credited against the monetary
  818  obligations of the unit owner until to the association releases
  819  the tenant or the tenant discontinues tenancy in the unit.
  820         (c)(b) The tenant is not liable for increases in the amount
  821  of the monetary obligations due unless the tenant was notified
  822  in writing of the increase at least 10 days before the date the
  823  rent is due. The liability of the tenant may not exceed the
  824  amount due from the tenant to the tenant’s landlord. The
  825  tenant’s landlord shall provide the tenant a credit against
  826  rents due to the landlord unit owner in the amount of moneys
  827  paid to the association under this section.
  828         (d)(c) The association may issue notices under s. 83.56 and
  829  may sue for eviction under ss. 83.59-83.625 as if the
  830  association were a landlord under part II of chapter 83 if the
  831  tenant fails to pay a required payment to the association.
  832  However, the association is not otherwise considered a landlord
  833  under chapter 83 and specifically has no obligations duties
  834  under s. 83.51.
  835         (e)(d) The tenant does not, by virtue of payment of
  836  monetary obligations to the association, have any of the rights
  837  of a unit owner to vote in any election or to examine the books
  838  and records of the association.
  839         (f)(e) A court may supersede the effect of this subsection
  840  by appointing a receiver.
  841         Section 8. Paragraph (c) is added to subsection (2) of
  842  section 718.117, Florida Statutes, and subsections (3), (4), and
  843  (11), paragraphs (a) and (d) of subsection (12), subsection
  844  (14), paragraph (a) of subsection (17), and subsections (18) and
  845  (19) of that section are amended, to read:
  846         718.117 Termination of condominium.—
  847         (2) TERMINATION BECAUSE OF ECONOMIC WASTE OR
  848  IMPOSSIBILITY.—
  849         (c) Notwithstanding paragraph (a), a condominium that
  850  includes units and timeshare estates where the improvements have
  851  been totally destroyed or demolished may be terminated pursuant
  852  to a plan of termination proposed by a unit owner upon filing a
  853  petition in court seeking equitable relief.
  854         1. Within 10 days after filing the petition, and in lieu of
  855  the requirements of paragraph (15)(a), the petitioner shall
  856  record the proposed plan of termination and mail copies of the
  857  plan and the petition to:
  858         a. Each member of the board of directors of the association
  859  identified in the most recent annual report filed with the
  860  department of state and the registered agent of the association
  861  if the association has not been dissolved as a matter of law;
  862         b. The managing entity as defined in s. 721.05;
  863         c. Each unit owner and each timeshare estate owner at the
  864  address reflected in the official records of the association, or
  865  if the association records cannot be obtained by the petitioner,
  866  each unit owner and each timeshare estate owner at the address
  867  listed in the office of the tax collector for tax notices; and
  868         d. Each holder of a recorded mortgage lien affecting a unit
  869  or timeshare estate at the address appearing on the recorded
  870  mortgage or any recorded assignment thereof.
  871         2. The association as class representative if it has not
  872  been dissolved as a matter of law, the managing entity as
  873  defined in s. 721.05, any unit owner, timeshare estate owner, or
  874  holder of a recorded mortgage lien affecting a unit or timeshare
  875  estate may intervene in the proceedings to contest the proposed
  876  plan of termination brought pursuant to this paragraph. The
  877  provisions of subsection (9), to the extent inconsistent with
  878  this paragraph, and subsection (16) are not applicable to a
  879  party contesting a plan of termination under this paragraph. If
  880  no party intervenes to contest the proposed plan within 45 days
  881  after filing the petition, the petitioner may move the court to
  882  enter a final judgment authorizing that the plan of termination
  883  be implemented. If a party timely intervenes to contest the
  884  proposed plan, the plan may not be implemented until a final
  885  judgment has been entered by the court finding that the proposed
  886  plan of termination is fair and reasonable and authorizing
  887  implementation of the plan.
  888         (3) OPTIONAL TERMINATION.—Except as provided in subsection
  889  (2) or unless the declaration provides for a lower percentage,
  890  the condominium form of ownership of the property may be
  891  terminated for all or a portion of the condominium property
  892  pursuant to a plan of termination approved by at least 80
  893  percent of the total voting interests of the condominium if no
  894  not more than 10 percent of the total voting interests of the
  895  condominium have rejected the plan of termination by negative
  896  vote or by providing written objections thereto. This subsection
  897  does not apply to condominiums in which 75 percent or more of
  898  the units are timeshare units.
  899         (4) EXEMPTION.—A plan of termination is not an amendment
  900  subject to s. 718.110(4). In a partial termination, a plan of
  901  termination is not an amendment subject to s. 718.110(4) if the
  902  ownership share of the common elements of a surviving unit in
  903  the condominium remains in the same proportion to the surviving
  904  units as it was before the partial termination.
  905         (11) PLAN OF TERMINATION; OPTIONAL PROVISIONS; CONDITIONAL
  906  TERMINATION.—
  907         (a) The plan of termination may provide that each unit
  908  owner retains the exclusive right of possession to the portion
  909  of the real estate which that formerly constituted the unit if,
  910  in which case the plan specifies must specify the conditions of
  911  possession. In a partial termination, the plan of termination as
  912  specified in subsection (10) must also identify the units that
  913  survive the partial termination and provide that such units
  914  remain in the condominium form of ownership pursuant to an
  915  amendment to the declaration of condominium or an amended and
  916  restated declaration. In a partial termination, title to the
  917  surviving units and common elements that remain part of the
  918  condominium property specified in the plan of termination remain
  919  vested in the ownership shown in the public records and do not
  920  vest in the termination trustee.
  921         (b) In a conditional termination, the plan must specify the
  922  conditions for termination. A conditional plan does not vest
  923  title in the termination trustee until the plan and a
  924  certificate executed by the association with the formalities of
  925  a deed, confirming that the conditions in the conditional plan
  926  have been satisfied or waived by the requisite percentage of the
  927  voting interests, have been recorded. In a partial termination,
  928  the plan does not vest title to the surviving units or common
  929  elements that remain part of the condominium property in the
  930  termination trustee.
  931         (12) ALLOCATION OF PROCEEDS OF SALE OF CONDOMINIUM
  932  PROPERTY.—
  933         (a) Unless the declaration expressly provides for the
  934  allocation of the proceeds of sale of condominium property, the
  935  plan of termination must first apportion the proceeds between
  936  the aggregate value of all units and the value of the common
  937  elements, based on their respective fair market values
  938  immediately before the termination, as determined by one or more
  939  independent appraisers selected by the association or
  940  termination trustee. In a partial termination, the aggregate
  941  values of the units and common elements that are being
  942  terminated must be separately determined, and the plan of
  943  termination must specify the allocation of the proceeds of sale
  944  for the units and common elements.
  945         (d) Liens that encumber a unit shall be transferred to the
  946  proceeds of sale of the condominium property and the proceeds of
  947  sale or other distribution of association property, common
  948  surplus, or other association assets attributable to such unit
  949  in their same priority. In a partial termination, liens that
  950  encumber a unit being terminated must be transferred to the
  951  proceeds of sale of that portion of the condominium property
  952  being terminated which are attributable to such unit. The
  953  proceeds of any sale of condominium property pursuant to a plan
  954  of termination may not be deemed to be common surplus or
  955  association property.
  956         (14) TITLE VESTED IN TERMINATION TRUSTEE.—If termination is
  957  pursuant to a plan of termination under subsection (2) or
  958  subsection (3), the unit owners’ rights and title to as tenants
  959  in common in undivided interests in the condominium property
  960  being terminated vests vest in the termination trustee when the
  961  plan is recorded or at a later date specified in the plan. The
  962  unit owners thereafter become the beneficiaries of the proceeds
  963  realized from the plan of termination as set forth in the plan.
  964  The termination trustee may deal with the condominium property
  965  being terminated or any interest therein if the plan confers on
  966  the trustee the authority to protect, conserve, manage, sell, or
  967  dispose of the condominium property. The trustee, on behalf of
  968  the unit owners, may contract for the sale of real property
  969  being terminated, but the contract is not binding on the unit
  970  owners until the plan is approved pursuant to subsection (2) or
  971  subsection (3).
  972         (17) DISTRIBUTION.—
  973         (a) Following termination of the condominium, the
  974  condominium property, association property, common surplus, and
  975  other assets of the association shall be held by the termination
  976  trustee pursuant to the plan of termination, as trustee for unit
  977  owners and holders of liens on the units, in their order of
  978  priority unless otherwise set forth in the plan of termination.
  979         (18) ASSOCIATION STATUS.—The termination of a condominium
  980  does not change the corporate status of the association that
  981  operated the condominium property. The association continues to
  982  exist to conclude its affairs, prosecute and defend actions by
  983  or against it, collect and discharge obligations, dispose of and
  984  convey its property, and collect and divide its assets, but not
  985  to act except as necessary to conclude its affairs. In a partial
  986  termination, the association may continue as the condominium
  987  association for the property that remains subject to the
  988  declaration of condominium.
  989         (19) CREATION OF ANOTHER CONDOMINIUM.—The termination or
  990  partial termination of a condominium does not bar the filing of
  991  a new declaration of condominium or an amended and restated
  992  declaration of condominium by the termination trustee, or the
  993  trustee’s successor in interest, for the terminated property or
  994  affecting any portion thereof of the same property. The partial
  995  termination of a condominium may provide for the simultaneous
  996  filing of an amendment to the declaration of condominium or an
  997  amended and restated declaration of condominium by the
  998  condominium association for any portion of the property not
  999  terminated from the condominium form of ownership.
 1000         Section 9. Subsections (3), (4), and (5) of section
 1001  718.303, Florida Statutes, are amended, and subsection (6) is
 1002  added to that section, to read:
 1003         718.303 Obligations of owners and occupants; remedies.—
 1004         (3) If a unit owner is delinquent for more than 90 days in
 1005  paying a monetary obligation due to the association, the
 1006  association may suspend the right of a unit owner or a unit’s
 1007  occupant, licensee, or invitee to use common elements, common
 1008  facilities, or any other association property until the monetary
 1009  obligation is paid. This subsection does not apply to limited
 1010  common elements intended to be used only by that unit, common
 1011  elements that must be used to access the unit, utility services
 1012  provided to the unit, parking spaces, or elevators. The
 1013  association may also levy reasonable fines for the failure of
 1014  the owner of the unit, or its occupant, licensee, or invitee, to
 1015  comply with any provision of the declaration, the association
 1016  bylaws, or reasonable rules of the association. A fine may does
 1017  not become a lien against a unit. A fine may not exceed $100 per
 1018  violation. However, A fine may be levied on the basis of each
 1019  day of a continuing violation, with a single notice and
 1020  opportunity for hearing. However, the fine may not exceed $100
 1021  per violation, or $1,000 in the aggregate exceed $1,000.
 1022         (a)An association may suspend, for a reasonable period of
 1023  time, the right of a unit owner, or a unit owner’s tenant,
 1024  guest, or invitee, to use the common elements, common
 1025  facilities, or any other association property for failure to
 1026  comply with any provision of the declaration, the association
 1027  bylaws, or reasonable rules of the association.
 1028         (b) A fine or suspension may not be imposed levied and a
 1029  suspension may not be imposed unless the association first
 1030  provides at least 14 days’ written notice and an opportunity for
 1031  a hearing to the unit owner and, if applicable, its occupant,
 1032  licensee, or invitee. The hearing must be held before a
 1033  committee of other unit owners who are neither board members nor
 1034  persons residing in a board member’s household. If the committee
 1035  does not agree with the fine or suspension, the fine or
 1036  suspension may not be levied or imposed.
 1037         (4) If a unit owner is more than 90 days delinquent in
 1038  paying a monetary obligation due to the association, the
 1039  association may suspend the right of the unit owner or the
 1040  unit’s occupant, licensee, or invitee to use common elements,
 1041  common facilities, or any other association property until the
 1042  monetary obligation is paid in full. This subsection does not
 1043  apply to limited common elements intended to be used only by
 1044  that unit, common elements needed to access the unit, utility
 1045  services provided to the unit, parking spaces, or elevators. The
 1046  notice and hearing requirements under subsection (3) do not
 1047  apply to suspensions imposed under this subsection.
 1048         (4) The notice and hearing requirements of subsection (3)
 1049  do not apply to the imposition of suspensions or fines against a
 1050  unit owner or a unit’s occupant, licensee, or invitee because of
 1051  failing to pay any amounts due the association. If such a fine
 1052  or suspension is imposed, the association must levy the fine or
 1053  impose a reasonable suspension at a properly noticed board
 1054  meeting, and after the imposition of such fine or suspension,
 1055  the association must notify the unit owner and, if applicable,
 1056  the unit’s occupant, licensee, or invitee by mail or hand
 1057  delivery.
 1058         (5) An association may also suspend the voting rights of a
 1059  unit or member due to nonpayment of any monetary obligation due
 1060  to the association which is more than 90 days delinquent. A
 1061  voting interest or consent right allocated to a unit or member
 1062  which has been suspended by the association may not be counted
 1063  towards the total number of voting interests for any purpose,
 1064  including, but not limited to, the number of voting interests
 1065  necessary to constitute a quorum, conduct an election, or
 1066  approve an action under this chapter or pursuant to the
 1067  declaration, articles of incorporation, or bylaws. The
 1068  suspension ends upon full payment of all obligations currently
 1069  due or overdue the association. The notice and hearing
 1070  requirements under subsection (3) do not apply to a suspension
 1071  imposed under this subsection.
 1072         (6) All suspensions imposed pursuant to subsection (4) or
 1073  subsection (5) must be approved at a properly noticed board
 1074  meeting. Upon approval, the association must notify the unit
 1075  owner and, if applicable, the unit’s occupant, licensee, or
 1076  invitee by mail or hand delivery.
 1077         Section 10. Section 718.703, Florida Statutes, is amended
 1078  to read:
 1079         718.703 Definitions.—As used in this part, the term:
 1080         (1) “Bulk assignee” means a person who is not a bulk buyer
 1081  and who:
 1082         (a) Acquires more than seven condominium parcels in a
 1083  single condominium as set forth in s. 718.707; and
 1084         (b) Receives an assignment of any of the developer rights,
 1085  other than or in addition to those rights described in
 1086  subsection (2), some or all of the rights of the developer as
 1087  set forth in the declaration of condominium or this chapter: by
 1088         1.By a written instrument recorded as part of or as an
 1089  exhibit to the deed; or as
 1090         2.By a separate instrument recorded in the public records
 1091  of the county in which the condominium is located; or
 1092         3. Pursuant to a final judgment or certificate of title
 1093  issued in favor of a purchaser at a foreclosure sale.
 1094  
 1095  A mortgagee or its assignee may not be deemed a bulk assignee or
 1096  a developer by reason of the acquisition of condominium units
 1097  and receipt of an assignment of some or all of a developer
 1098  rights unless the mortgagee or its assignee exercises any of the
 1099  developer rights other than those described in subsection (2).
 1100         (2) “Bulk buyer” means a person who acquires more than
 1101  seven condominium parcels in a single condominium as set forth
 1102  in s. 718.707, but who does not receive an assignment of any
 1103  developer rights, or receives only some or all of the following
 1104  rights: other than
 1105         (a) The right to conduct sales, leasing, and marketing
 1106  activities within the condominium;
 1107         (b) The right to be exempt from the payment of working
 1108  capital contributions to the condominium association arising out
 1109  of, or in connection with, the bulk buyer’s acquisition of the a
 1110  bulk number of units; and
 1111         (c) The right to be exempt from any rights of first refusal
 1112  which may be held by the condominium association and would
 1113  otherwise be applicable to subsequent transfers of title from
 1114  the bulk buyer to a third party purchaser concerning one or more
 1115  units.
 1116         Section 11. Section 718.704, Florida Statutes, is amended
 1117  to read:
 1118         718.704 Assignment and assumption of developer rights by
 1119  bulk assignee; bulk buyer.—
 1120         (1) A bulk assignee is deemed to have assumed assumes and
 1121  is liable for all duties and responsibilities of the developer
 1122  under the declaration and this chapter upon its acquisition of
 1123  title to units and continuously thereafter, except that it is
 1124  not liable for:
 1125         (a) Warranties of the developer under s. 718.203(1) or s.
 1126  718.618, except as expressly provided by the bulk assignee in a
 1127  prospectus or offering circular, or the contract for purchase
 1128  and sale executed with a purchaser, or for design, construction,
 1129  development, or repair work performed by or on behalf of the
 1130  such bulk assignee.;
 1131         (b) The obligation to:
 1132         1. Fund converter reserves under s. 718.618 for a unit that
 1133  was not acquired by the bulk assignee; or
 1134         2. Provide implied converter warranties on any portion of
 1135  the condominium property except as expressly provided by the
 1136  bulk assignee in a prospectus or offering circular, or the
 1137  contract for purchase and sale executed with a purchaser, or for
 1138  and pertaining to any design, construction, development, or
 1139  repair work performed by or on behalf of the bulk assignee.;
 1140         (c) The requirement to provide the association with a
 1141  cumulative audit of the association’s finances from the date of
 1142  formation of the condominium association as required by s.
 1143  718.301(4)(c). However, the bulk assignee must provide an audit
 1144  for the period during which the bulk assignee elects or appoints
 1145  a majority of the members of the board of administration.;
 1146         (d) Any liability arising out of or in connection with
 1147  actions taken by the board of administration or the developer
 1148  appointed directors before the bulk assignee elects or appoints
 1149  a majority of the members of the board of administration.; and
 1150         (e) Any liability for or arising out of the developer’s
 1151  failure to fund previous assessments or to resolve budgetary
 1152  deficits in relation to a developer’s right to guarantee
 1153  assessments, except as otherwise provided in subsection (2).
 1154  
 1155  The bulk assignee is also responsible only for delivering
 1156  documents and materials in accordance with s. 718.705(3). A bulk
 1157  assignee may expressly assume some or all of the developer
 1158  obligations of the developer described in paragraphs (a)-(e).
 1159         (2) A bulk assignee assigned the developer right receiving
 1160  the assignment of the rights of the developer to guarantee the
 1161  level of assessments and fund budgetary deficits pursuant to s.
 1162  718.116 assumes and is liable for all obligations of the
 1163  developer with respect to such guarantee upon its acquisition of
 1164  title to the units and continuously thereafter, including any
 1165  applicable funding of reserves to the extent required by law,
 1166  for as long as the guarantee remains in effect. A bulk assignee
 1167  not receiving such assignment, or a bulk buyer, does not assume
 1168  and is not liable for the obligations of the developer with
 1169  respect to such guarantee, but is responsible for payment of
 1170  assessments due on or after acquisition of the units in the same
 1171  manner as all other owners of condominium parcels or as
 1172  otherwise provided in s. 718.116.
 1173         (3) A bulk buyer is liable for the duties and
 1174  responsibilities of a the developer under the declaration and
 1175  this chapter only to the extent that such provided in this part,
 1176  together with any other duties or responsibilities are of the
 1177  developer expressly assumed in writing by the bulk buyer.
 1178         (4) An acquirer of condominium parcels is not a bulk
 1179  assignee or a bulk buyer if the transfer to such acquirer was
 1180  made:
 1181         (a) Before the effective date of this part;
 1182         (b) With the intent to hinder, delay, or defraud any
 1183  purchaser, unit owner, or the association;, or if the acquirer
 1184  is
 1185         (c) By a person who would be considered an insider under s.
 1186  726.102(7).
 1187         (5) An assignment of developer rights to a bulk assignee
 1188  may be made by a the developer, a previous bulk assignee, a
 1189  mortgagee or assignee who has acquired title to the units and
 1190  received an assignment of rights, or a court acting on behalf of
 1191  the developer or the previous bulk assignee if such developer
 1192  rights are held by the predecessor in title to the bulk
 1193  assignee. At any particular time, there may not be no more than
 1194  one bulk assignee within a condominium; however, but there may
 1195  be more than one bulk buyer. If more than one acquirer of
 1196  condominium parcels in the same condominium receives an
 1197  assignment of developer rights in addition to those rights
 1198  described in s. 718.703(2) from the same person, the bulk
 1199  assignee is the acquirer whose instrument of assignment is
 1200  recorded first in the public records of the county in which the
 1201  condominium is located, and any subsequent purported bulk
 1202  assignee may still qualify as a bulk buyer.
 1203         Section 12. Subsections (1) and (3) of section 718.705,
 1204  Florida Statutes, are amended to read:
 1205         718.705 Board of administration; transfer of control.—
 1206         (1) If at the time the bulk assignee acquires title to the
 1207  units and receives an assignment of developer rights, the
 1208  developer has not relinquished control of the board of
 1209  administration, for purposes of determining the timing for
 1210  transfer of control of the board of administration of the
 1211  association to unit owners other than the developer under s.
 1212  718.301(1)(a) and (b), if a bulk assignee is entitled to elect a
 1213  majority of the members of the board, a condominium parcel
 1214  acquired by the bulk assignee is not deemed to be conveyed to a
 1215  purchaser, or owned by an owner other than the developer, until
 1216  the condominium parcel is conveyed to an owner who is not a bulk
 1217  assignee.
 1218         (3) If a bulk assignee relinquishes control of the board of
 1219  administration as set forth in s. 718.301, the bulk assignee
 1220  must deliver all of those items required by s. 718.301(4).
 1221  However, the bulk assignee is not required to deliver items and
 1222  documents not in the possession of the bulk assignee if some
 1223  items were or should have been in existence before the bulk
 1224  assignee’s acquisition of the units during the period during
 1225  which the bulk assignee was entitled to elect at least a
 1226  majority of the members of the board of administration. In
 1227  conjunction with the acquisition of units condominium parcels, a
 1228  bulk assignee shall undertake a good faith effort to obtain the
 1229  documents and materials that must be provided to the association
 1230  pursuant to s. 718.301(4). If the bulk assignee is not able to
 1231  obtain all of such documents and materials, the bulk assignee
 1232  must certify in writing to the association the names or
 1233  descriptions of the documents and materials that were not
 1234  obtainable by the bulk assignee. Delivery of the certificate
 1235  relieves the bulk assignee of responsibility for delivering the
 1236  documents and materials referenced in the certificate as
 1237  otherwise required under ss. 718.112 and 718.301 and this part.
 1238  The responsibility of the bulk assignee for the audit required
 1239  by s. 718.301(4) commences as of the date on which the bulk
 1240  assignee elected or appointed a majority of the members of the
 1241  board of administration.
 1242         Section 13. Section 718.706, Florida Statutes, is amended
 1243  to read:
 1244         718.706 Specific provisions pertaining to offering of units
 1245  by a bulk assignee or bulk buyer.—
 1246         (1) Before offering more than seven any units in a single
 1247  condominium for sale or for lease for a term exceeding 5 years,
 1248  a bulk assignee or a bulk buyer must file the following
 1249  documents with the division and provide such documents to a
 1250  prospective purchaser or tenant:
 1251         (a) An updated prospectus or offering circular, or a
 1252  supplement to the prospectus or offering circular, filed by the
 1253  original developer prepared in accordance with s. 718.504, which
 1254  must include the form of contract for sale and for lease in
 1255  compliance with s. 718.503(2);
 1256         (b) An updated Frequently Asked Questions and Answers
 1257  sheet;
 1258         (c) The executed escrow agreement if required under s.
 1259  718.202; and
 1260         (d) The financial information required by s. 718.111(13).
 1261  However, if a financial information report did does not exist
 1262  for the fiscal year before the acquisition of title by the bulk
 1263  assignee or bulk buyer, and if or accounting records that cannot
 1264  be obtained in good faith by the bulk assignee or the bulk buyer
 1265  which would permit preparation of the required financial
 1266  information report for that period cannot be obtained despite
 1267  good faith efforts by the bulk assignee or the bulk buyer, the
 1268  bulk assignee or bulk buyer is excused from the requirement of
 1269  this paragraph. However, the bulk assignee or bulk buyer must
 1270  include in the purchase contract the following statement in
 1271  conspicuous type:
 1272  
 1273         ALL OR A PORTION OF THE FINANCIAL INFORMATION REPORT
 1274         REQUIRED UNDER S. 718.111(13) FOR THE TIME PERIOD
 1275         BEFORE THE SELLER’S ACQUISITION OF THE UNIT
 1276         IMMEDIATELY PRECEDING FISCAL YEAR OF THE ASSOCIATION
 1277         IS NOT AVAILABLE OR CANNOT BE OBTAINED DESPITE THE
 1278         GOOD FAITH EFFORTS OF CREATED BY THE SELLER DUE TO THE
 1279         INSUFFICIENT ACCOUNTING RECORDS OF THE ASSOCIATION.
 1280  
 1281         (2) Before offering more than seven any units in a single
 1282  condominium for sale or for lease for a term exceeding 5 years,
 1283  a bulk assignee or a bulk buyer must file with the division and
 1284  provide to a prospective purchaser or tenant under a lease for a
 1285  term exceeding 5 years a disclosure statement that includes, but
 1286  is not limited to:
 1287         (a) A description of any rights of the developer rights
 1288  that developer which have been assigned to the bulk assignee or
 1289  bulk buyer;
 1290         (b) The following statement in conspicuous type:
 1291  
 1292         THE SELLER IS NOT OBLIGATED FOR ANY WARRANTIES OF THE
 1293         DEVELOPER UNDER S. 718.203(1) OR S. 718.618, AS
 1294         APPLICABLE, EXCEPT FOR DESIGN, CONSTRUCTION,
 1295         DEVELOPMENT, OR REPAIR WORK PERFORMED BY OR ON BEHALF
 1296         OF THE SELLER; and
 1297  
 1298         (c) If the condominium is a conversion subject to part VI,
 1299  the following statement in conspicuous type:
 1300  
 1301         THE SELLER HAS NO OBLIGATION TO FUND CONVERTER
 1302         RESERVES OR TO PROVIDE CONVERTER WARRANTIES UNDER S.
 1303         718.618 ON ANY PORTION OF THE CONDOMINIUM PROPERTY
 1304         EXCEPT AS MAY BE EXPRESSLY REQUIRED OF THE SELLER IN
 1305         THE CONTRACT FOR PURCHASE AND SALE EXECUTED BY THE
 1306         SELLER AND THE PREVIOUS DEVELOPER AND PERTAINING TO
 1307         ANY DESIGN, CONSTRUCTION, DEVELOPMENT, OR REPAIR WORK
 1308         PERFORMED BY OR ON BEHALF OF THE SELLER.
 1309  
 1310         (3) A bulk assignee, while it is in control of the board of
 1311  administration of the association, may not authorize, on behalf
 1312  of the association:
 1313         (a) The waiver of reserves or the reduction of funding of
 1314  the reserves pursuant to s. 718.112(2)(f)2., unless approved by
 1315  a majority of the voting interests not controlled by the
 1316  developer, bulk assignee, and bulk buyer; or
 1317         (b) The use of reserve expenditures for other purposes
 1318  pursuant to s. 718.112(2)(f)3., unless approved by a majority of
 1319  the voting interests not controlled by the developer, bulk
 1320  assignee, and bulk buyer.
 1321         (4) A bulk assignee or a bulk buyer must comply with all
 1322  the requirements of s. 718.302 regarding any contracts entered
 1323  into by the association during the period the bulk assignee or
 1324  bulk buyer maintains control of the board of administration.
 1325  Unit owners shall be provided afforded all of the rights and the
 1326  protections contained in s. 718.302 regarding agreements entered
 1327  into by the association which are under the control of before
 1328  unit owners other than the developer, bulk assignee, or bulk
 1329  buyer elected a majority of the board of administration.
 1330         (5) Notwithstanding any other provision of this part, a
 1331  bulk assignee or a bulk buyer is not required to comply with the
 1332  filing or disclosure requirements of subsections (1) and (2) if
 1333  all of the units owned by the bulk assignee or bulk buyer are
 1334  offered and conveyed to a single purchaser in a single
 1335  transaction. A bulk buyer must comply with the requirements
 1336  contained in the declaration regarding any transfer of a unit,
 1337  including sales, leases, and subleases. A bulk buyer is not
 1338  entitled to any exemptions afforded a developer or successor
 1339  developer under this chapter regarding the transfer of a unit,
 1340  including sales, leases, or subleases.
 1341         Section 14. Section 718.707, Florida Statutes, is amended
 1342  to read:
 1343         718.707 Time limitation for classification as bulk assignee
 1344  or bulk buyer.—A person acquiring condominium parcels may not be
 1345  classified as a bulk assignee or bulk buyer unless the
 1346  condominium parcels were acquired on or after July 1, 2010, but
 1347  before July 1, 2012. The date of such acquisition shall be
 1348  determined by the date of recording of a deed or other
 1349  instrument of conveyance for such parcels in the public records
 1350  of the county in which the condominium is located, or by the
 1351  date of issuing issuance of a certificate of title in a
 1352  foreclosure proceeding with respect to such condominium parcels.
 1353         Section 15. Subsections (4) and (10) of section 719.108,
 1354  Florida Statutes, are amended to read:
 1355         719.108 Rents and assessments; liability; lien and
 1356  priority; interest; collection; cooperative ownership.—
 1357         (4) The association has a lien on each cooperative parcel
 1358  for any unpaid rents and assessments, plus interest, any
 1359  authorized administrative late fees, and any reasonable costs
 1360  for collection services for which the association has contracted
 1361  against the unit owner of the cooperative parcel. If authorized
 1362  by the cooperative documents, the lien also secures reasonable
 1363  attorney’s fees incurred by the association incident to the
 1364  collection of the rents and assessments or enforcement of such
 1365  lien. The lien is effective from and after recording a claim of
 1366  lien in the public records in the county in which the
 1367  cooperative parcel is located which states the description of
 1368  the cooperative parcel, the name of the unit owner, the amount
 1369  due, and the due dates. The lien expires if a claim of lien is
 1370  not filed within 1 year after the date the assessment was due,
 1371  and the lien does not continue for longer than 1 year after the
 1372  claim of lien has been recorded unless, within that time, an
 1373  action to enforce the lien is commenced. Except as otherwise
 1374  provided in this chapter, a lien may not be filed by the
 1375  association against a cooperative parcel until 30 days after the
 1376  date on which a notice of intent to file a lien has been
 1377  delivered to the owner.
 1378         (a) The notice must be sent to the unit owner at the
 1379  address of the unit by first-class United States mail and:
 1380         1. If the most recent address of the unit owner on the
 1381  records of the association is the address of the unit, the
 1382  notice must be sent by registered or certified mail, return
 1383  receipt requested, to the unit owner at the address of the unit.
 1384         2. If the most recent address of the unit owner on the
 1385  records of the association is in the United States, but is not
 1386  the address of the unit, the notice must be sent by registered
 1387  or certified mail, return receipt requested, to the unit owner
 1388  at his or her most recent address.
 1389         3. If the most recent address of the unit owner on the
 1390  records of the association is not in the United States, the
 1391  notice must be sent by first-class United States mail to the
 1392  unit owner at his or her most recent address.
 1393         (b) A notice that is sent pursuant to this subsection is
 1394  deemed delivered upon mailing.
 1395         (10) If the unit is occupied by a tenant and the unit owner
 1396  is delinquent in paying any monetary obligation due to the
 1397  association, the association may make a written demand that the
 1398  tenant pay rent to the association the future monetary
 1399  obligations related to the cooperative share to the association
 1400  and continue to the tenant must make such payments until all
 1401  monetary obligations of the unit owner related to the unit have
 1402  been paid in full to the association payment. The demand is
 1403  continuing in nature, and upon demand, The tenant must pay the
 1404  rent the monetary obligations to the association until the
 1405  association releases the tenant or the tenant discontinues
 1406  tenancy in the unit. The association must mail written notice to
 1407  the unit owner of the association’s demand that the tenant make
 1408  payments to the association. The association shall, upon
 1409  request, provide the tenant with written receipts for payments
 1410  made. A tenant who acts in good faith in response to a written
 1411  demand from an association is immune from any claim by from the
 1412  unit owner.
 1413         (a) If the tenant paid prepaid rent to the unit owner for a
 1414  given rental period before receiving the demand from the
 1415  association and provides written evidence of prepaying paying
 1416  the rent to the association within 14 days after receiving the
 1417  demand, the tenant shall receive credit for the prepaid rent for
 1418  the applicable period but and must make any subsequent rental
 1419  payments to the association to be credited against the monetary
 1420  obligations of the unit owner to the association.
 1421         (b) The tenant is not liable for increases in the amount of
 1422  the regular monetary obligations due unless the tenant was
 1423  notified in writing of the increase at least 10 days before the
 1424  date on which the rent is due. The liability of the tenant may
 1425  not exceed the amount due from the tenant to the tenant’s
 1426  landlord. The tenant’s landlord shall provide the tenant a
 1427  credit against rents due to the unit owner in the amount of
 1428  moneys paid to the association under this section.
 1429         (c) The association may issue notices under s. 83.56 and
 1430  may sue for eviction under ss. 83.59-83.625 as if the
 1431  association were a landlord under part II of chapter 83 if the
 1432  tenant fails to pay a required payment. However, the association
 1433  is not otherwise considered a landlord under chapter 83 and
 1434  specifically has no obligations duties under s. 83.51.
 1435         (d) The tenant does not, by virtue of payment of monetary
 1436  obligations, have any of the rights of a unit owner to vote in
 1437  any election or to examine the books and records of the
 1438  association.
 1439         (e) A court may supersede the effect of this subsection by
 1440  appointing a receiver.
 1441         Section 16. Subsection (3) of section 719.303, Florida
 1442  Statutes, is amended, and subsections (4), (5), and (6) are
 1443  added to that section, to read:
 1444         719.303 Obligations of owners.—
 1445         (3) If the cooperative documents so provide, The
 1446  association may levy reasonable fines against a unit owner for
 1447  failure of the unit owner or the unit’s occupant, his or her
 1448  licensee, or invitee or the unit’s occupant to comply with any
 1449  provision of the cooperative documents or reasonable rules of
 1450  the association. A fine may not No fine shall become a lien
 1451  against a unit. No fine shall exceed $100 per violation.
 1452  However, A fine may be levied on the basis of each day of a
 1453  continuing violation, with a single notice and opportunity for
 1454  hearing. However, the fine may not exceed $100 per violation, or
 1455  $1,000 provided that no such fine shall in the aggregate exceed
 1456  $1,000.
 1457         (a) An association may suspend, for a reasonable period of
 1458  time, the right of a unit owner, or a unit owner’s tenant,
 1459  guest, or invitee, to use the common elements, common
 1460  facilities, or any other association property for failure to
 1461  comply with any provision of the cooperative documents or
 1462  reasonable rules of the association.
 1463         (b) A No fine or suspension may not be imposed levied
 1464  except after giving reasonable notice and opportunity for a
 1465  hearing to the unit owner and, if applicable, the unit’s his or
 1466  her licensee or invitee. The hearing must shall be held before a
 1467  committee of other unit owners. If the committee does not agree
 1468  with the fine or suspension, it may shall not be imposed levied.
 1469  This subsection does not apply to unoccupied units.
 1470         (4) If a unit owner is more than 90 days delinquent in
 1471  paying a monetary obligation due to the association, the
 1472  association may suspend the right of the unit owner or the
 1473  unit’s occupant, licensee, or invitee to use common elements,
 1474  common facilities, or any other association property until the
 1475  monetary obligation is paid in full. This subsection does not
 1476  apply to limited common elements intended to be used only by
 1477  that unit, common elements needed to access the unit, utility
 1478  services provided to the unit, parking spaces, or elevators. The
 1479  notice and hearing requirements under subsection (3) do not
 1480  apply to suspensions imposed under this subsection.
 1481         (5) An association may suspend the voting rights of a unit
 1482  or member due to nonpayment of any monetary obligation due to
 1483  the association which is more than 90 days delinquent. A voting
 1484  interest or consent right allocated to a unit or member which
 1485  has been suspended by the association may not be counted towards
 1486  the total number of voting interests for any purpose, including,
 1487  but not limited to, the number of voting interests necessary to
 1488  constitute a quorum, conduct an election, or approve an action
 1489  under this chapter or pursuant to the declaration, articles of
 1490  incorporation, or bylaws. The suspension ends upon full payment
 1491  of all obligations currently due or overdue the association. The
 1492  notice and hearing requirements under subsection (3) do not
 1493  apply to a suspension imposed under this subsection.
 1494         (6) All suspensions imposed pursuant to subsection (4) or
 1495  subsection (5) must be approved at a properly noticed board
 1496  meeting. Upon approval, the association must notify the unit
 1497  owner and, if applicable, the unit’s occupant, licensee, or
 1498  invitee by mail or hand delivery.
 1499         Section 17. Subsection (4) of section 720.301, Florida
 1500  Statutes, is amended to read:
 1501         720.301 Definitions.—As used in this chapter, the term:
 1502         (4) “Declaration of covenants,” or “declaration,” means a
 1503  recorded written instrument or instruments in the nature of
 1504  covenants running with the land which subject subjects the land
 1505  comprising the community to the jurisdiction and control of an
 1506  association or associations in which the owners of the parcels,
 1507  or their association representatives, must be members.
 1508         Section 18. Paragraph (c) of subsection (5) of section
 1509  720.303, Florida Statutes, is amended to read:
 1510         720.303 Association powers and duties; meetings of board;
 1511  official records; budgets; financial reporting; association
 1512  funds; recalls.—
 1513         (5) INSPECTION AND COPYING OF RECORDS.—The official records
 1514  shall be maintained within the state and must be open to
 1515  inspection and available for photocopying by members or their
 1516  authorized agents at reasonable times and places within 10
 1517  business days after receipt of a written request for access.
 1518  This subsection may be complied with by having a copy of the
 1519  official records available for inspection or copying in the
 1520  community. If the association has a photocopy machine available
 1521  where the records are maintained, it must provide parcel owners
 1522  with copies on request during the inspection if the entire
 1523  request is limited to no more than 25 pages.
 1524         (c) The association may adopt reasonable written rules
 1525  governing the frequency, time, location, notice, records to be
 1526  inspected, and manner of inspections, but may not require a
 1527  parcel owner to demonstrate any proper purpose for the
 1528  inspection, state any reason for the inspection, or limit a
 1529  parcel owner’s right to inspect records to less than one 8-hour
 1530  business day per month. The association may impose fees to cover
 1531  the costs of providing copies of the official records,
 1532  including, without limitation, the costs of copying. The
 1533  association may charge up to 50 cents per page for copies made
 1534  on the association’s photocopier. If the association does not
 1535  have a photocopy machine available where the records are kept,
 1536  or if the records requested to be copied exceed 25 pages in
 1537  length, the association may have copies made by an outside
 1538  vendor or association management company personnel and may
 1539  charge the actual cost of copying, including any reasonable
 1540  costs involving personnel fees and charges at an hourly rate for
 1541  vendor or employee time to cover administrative costs to the
 1542  vendor or association. The association shall maintain an
 1543  adequate number of copies of the recorded governing documents,
 1544  to ensure their availability to members and prospective members.
 1545  Notwithstanding this paragraph, the following records are not
 1546  accessible to members or parcel owners:
 1547         1. Any record protected by the lawyer-client privilege as
 1548  described in s. 90.502 and any record protected by the work
 1549  product privilege, including, but not limited to, a any record
 1550  prepared by an association attorney or prepared at the
 1551  attorney’s express direction which reflects a mental impression,
 1552  conclusion, litigation strategy, or legal theory of the attorney
 1553  or the association and which was prepared exclusively for civil
 1554  or criminal litigation or for adversarial administrative
 1555  proceedings or which was prepared in anticipation of such
 1556  imminent civil or criminal litigation or imminent adversarial
 1557  administrative proceedings until the conclusion of the
 1558  litigation or administrative proceedings.
 1559         2. Information obtained by an association in connection
 1560  with the approval of the lease, sale, or other transfer of a
 1561  parcel.
 1562         3. Personnel records of the association’s employees,
 1563  including, but not limited to, disciplinary, payroll, health,
 1564  and insurance records. For purposes of this paragraph, the term
 1565  “personnel records” does not include written employment
 1566  agreements with an association employee or budgetary or
 1567  financial records that indicate the compensation paid to an
 1568  association employee.
 1569         4. Medical records of parcel owners or community residents.
 1570         5. Social security numbers, driver’s license numbers,
 1571  credit card numbers, electronic mailing addresses, telephone
 1572  numbers, facsimile numbers, emergency contact information, any
 1573  addresses for a parcel owner other than as provided for
 1574  association notice requirements, and other personal identifying
 1575  information of any person, excluding the person’s name, parcel
 1576  designation, mailing address, and property address. However, an
 1577  owner may consent in writing to the disclosure of protected
 1578  information described in this subparagraph. The association is
 1579  not liable for the disclosure of information that is protected
 1580  under this subparagraph if the information is included in an
 1581  official record of the association and is voluntarily provided
 1582  by an owner and not requested by the association.
 1583         6. Any electronic security measure that is used by the
 1584  association to safeguard data, including passwords.
 1585         7. The software and operating system used by the
 1586  association which allows the manipulation of data, even if the
 1587  owner owns a copy of the same software used by the association.
 1588  The data is part of the official records of the association.
 1589         Section 19. Subsection (2) of section 720.305, Florida
 1590  Statutes, is amended, present subsection (3) of that section is
 1591  amended and renumbered as subsection (4), and a new subsection
 1592  (3) and subsection (5) are added to that section, to read:
 1593         720.305 Obligations of members; remedies at law or in
 1594  equity; levy of fines and suspension of use rights.—
 1595         (2) The association If a member is delinquent for more than
 1596  90 days in paying a monetary obligation due the association, an
 1597  association may suspend, until such monetary obligation is paid,
 1598  the rights of a member or a member’s tenants, guests, or
 1599  invitees, or both, to use common areas and facilities and may
 1600  levy reasonable fines of up to $100 per violation, against any
 1601  member or any member’s tenant, guest, or invitee for the failure
 1602  of the owner of the parcel, or its occupant, licensee, or
 1603  invitee, to comply with any provision of the declaration, the
 1604  association bylaws, or reasonable rules of the association. A
 1605  fine may be levied for each day of a continuing violation, with
 1606  a single notice and opportunity for hearing, except that the a
 1607  fine may not exceed $1,000 in the aggregate unless otherwise
 1608  provided in the governing documents. A fine of less than $1,000
 1609  may not become a lien against a parcel. In any action to recover
 1610  a fine, the prevailing party is entitled to collect its
 1611  reasonable attorney’s fees and costs from the nonprevailing
 1612  party as determined by the court.
 1613         (a) An association may suspend, for a reasonable period of
 1614  time, the right of a member, or a member’s tenant, guest, or
 1615  invitee, to use common areas and facilities for the failure of
 1616  the owner of the parcel, or its occupant, licensee, or invitee,
 1617  to comply with any provision of the declaration, the association
 1618  bylaws, or reasonable rules of the association. The provisions
 1619  regarding the suspension-of-use rights do not apply to the
 1620  portion of common areas that must be used to provide access to
 1621  the parcel or utility services provided to the parcel.
 1622         (b)(a) A fine or suspension may not be imposed without at
 1623  least 14 days’ notice to the person sought to be fined or
 1624  suspended and an opportunity for a hearing before a committee of
 1625  at least three members appointed by the board who are not
 1626  officers, directors, or employees of the association, or the
 1627  spouse, parent, child, brother, or sister of an officer,
 1628  director, or employee. If the committee, by majority vote, does
 1629  not approve a proposed fine or suspension, it may not be
 1630  imposed. If the association imposes a fine or suspension, the
 1631  association must provide written notice of such fine or
 1632  suspension by mail or hand delivery to the parcel owner and, if
 1633  applicable, to any tenant, licensee, or invitee of the parcel
 1634  owner.
 1635         (3) If a member is more than 90 days delinquent in paying a
 1636  monetary obligation due to the association, the association may
 1637  suspend the right of the member, or the member’s tenant, guest,
 1638  or invitee, to use common areas and facilities until the
 1639  monetary obligation is paid in full. The subsection does not
 1640  apply to that portion of common areas used to provide access to
 1641  the parcel or to utility services provided to the parcel.
 1642         (b) Suspension does of common-area-use rights do not impair
 1643  the right of an owner or tenant of a parcel to have vehicular
 1644  and pedestrian ingress to and egress from the parcel, including,
 1645  but not limited to, the right to park. The notice and hearing
 1646  requirements under subsection (2) do not apply to a suspension
 1647  imposed under this subsection.
 1648         (4)(3)If the governing documents so provide, An
 1649  association may suspend the voting rights of a parcel or member
 1650  for the nonpayment of any monetary obligation that is more than
 1651  regular annual assessments that are delinquent in excess of 90
 1652  days delinquent. A voting interest or consent right allocated to
 1653  a parcel or member which has been suspended by the association
 1654  may not be counted towards the total number of voting interests
 1655  for any purpose, including, but not limited to, the number of
 1656  voting interests necessary to constitute a quorum, conduct an
 1657  election, or approve an action under this chapter or pursuant to
 1658  the governing documents. The suspension ends upon full payment
 1659  of all obligations currently due or overdue to the association.
 1660  The notice and hearing requirements under subsection (2) do not
 1661  apply to a suspension imposed under this subsection.
 1662         (5) All suspensions imposed pursuant to subsection (3) or
 1663  subsection (4) must be approved at a properly noticed board
 1664  meeting. Upon approval, the association must notify the parcel
 1665  owner and, if applicable, the parcel’s occupant, licensee, or
 1666  invitee by mail or hand delivery.
 1667         Section 20. Subsection (9) of section 720.306, Florida
 1668  Statutes, is amended to read:
 1669         720.306 Meetings of members; voting and election
 1670  procedures; amendments.—
 1671         (9) ELECTIONS AND BOARD VACANCIES.—Elections of directors
 1672  must be conducted in accordance with the procedures set forth in
 1673  the governing documents of the association.
 1674         (a) All members of the association are eligible to serve on
 1675  the board of directors, and a member may nominate himself or
 1676  herself as a candidate for the board at a meeting where the
 1677  election is to be held or, if the election process allows voting
 1678  by absentee ballot, in advance of the balloting. However:
 1679         1. A person who is delinquent in the payment of any fee,
 1680  fine, or other monetary obligation to the association for more
 1681  than 90 days is not eligible for board membership.
 1682         2. A person who has been convicted of any felony in this
 1683  state or in a United States District or Terrritorial Court, or
 1684  has been convicted of any offense in another jurisdiction which
 1685  would be considered a felony if committed in this state, is not
 1686  eligible for board membership unless such felon’s civil rights
 1687  have been restored for at least 5 years as of the date on which
 1688  such person seeks election to the board. The validity of any
 1689  action by the board is not affected if it is later determined
 1690  that a member of the board is ineligible for board membership
 1691  due to having been convicted of a felony.
 1692         (b) Except as otherwise provided in the governing
 1693  documents, boards of directors must be elected by a plurality of
 1694  the votes cast by eligible voters.
 1695         (c) Any election dispute between a member and an
 1696  association must be submitted to mandatory binding arbitration
 1697  with the division. Such proceedings must be conducted in the
 1698  manner provided by s. 718.1255 and the procedural rules adopted
 1699  by the division.
 1700         (d) Unless otherwise provided in the bylaws, any vacancy
 1701  occurring on the board before the expiration of a term may be
 1702  filled by an affirmative vote of the majority of the remaining
 1703  directors, even if the remaining directors constitute less than
 1704  a quorum, or by the sole remaining director. In the alternative,
 1705  a board may hold an election to fill the vacancy, in which case
 1706  the election procedures must conform to the requirements of the
 1707  governing documents.
 1708         (e) Unless otherwise provided in the bylaws, a board member
 1709  appointed or elected under this section is appointed for the
 1710  unexpired term of the seat being filled.
 1711         (f) Filling vacancies created by recall is governed by s.
 1712  720.303(10) and rules adopted by the division.
 1713         Section 21. Subsections (2) and (8) of section 720.3085,
 1714  Florida Statutes, are amended to read:
 1715         720.3085 Payment for assessments; lien claims.—
 1716         (2)(a) A parcel owner, regardless of how his or her title
 1717  to property has been acquired, including by purchase at a
 1718  foreclosure sale or by deed in lieu of foreclosure, is liable
 1719  for all assessments that come due while he or she is the parcel
 1720  owner. The parcel owner’s liability for assessments may not be
 1721  avoided by waiver or suspension of the use or enjoyment of any
 1722  common area or by abandonment of the parcel upon which the
 1723  assessments are made.
 1724         (a)(b) A parcel owner is jointly and severally liable with
 1725  the previous parcel owner for all unpaid assessments that came
 1726  due up to the time of transfer of title. This liability is
 1727  without prejudice to any right the present parcel owner may have
 1728  to recover any amounts paid by the present owner from the
 1729  previous owner.
 1730         (b)(c) Notwithstanding any other provision of anything to
 1731  the contrary contained in this section, the liability of a first
 1732  mortgagee, or its successor or assignee as a subsequent holder
 1733  of the first mortgage who acquires title to a parcel by
 1734  foreclosure or by deed in lieu of foreclosure for the unpaid
 1735  assessments that became due before the mortgagee’s acquisition
 1736  of title is limited to, shall be the lesser of:
 1737         1. The parcel’s unpaid common expenses and regular periodic
 1738  or special assessments that accrued or came due during the 12
 1739  months immediately preceding the acquisition of title and for
 1740  which payment in full has not been received by the association;
 1741  or
 1742         2. One percent of the original mortgage debt.
 1743  
 1744  The limitations on first mortgagee liability provided by this
 1745  paragraph apply only if the first mortgagee filed suit against
 1746  the parcel owner and initially joined the association as a
 1747  defendant in the mortgagee foreclosure action. Joinder of the
 1748  association is not required if, on the date the complaint is
 1749  filed, the association was dissolved or did not maintain an
 1750  office or agent for service of process at a location that was
 1751  known to or reasonably discoverable by the mortgagee.
 1752         (c) An association, or its successor or assignee, which
 1753  acquires title to a parcel through the foreclosure of its lien
 1754  for assessments is not liable for any unpaid assessments, late
 1755  fees, interest, or reasonable attorney’s fees and costs that
 1756  came due before the association’s acquisition of title in favor
 1757  of any other association, as defined in s. 718.103(2) or s.
 1758  720.301(9), which hold a superior lien interest on the parcel.
 1759  This paragraph is intended to clarify existing law.
 1760         (8) If the parcel is occupied by a tenant and the parcel
 1761  owner is delinquent in paying any monetary obligation due to the
 1762  association, the association may demand that the tenant pay rent
 1763  to the association and continue to make such payments until all
 1764  the monetary obligations of the parcel owner related to the
 1765  parcel have been paid in full and the future monetary
 1766  obligations related to the parcel. The demand is continuing in
 1767  nature, and upon demand, the tenant must continue to pay the
 1768  monetary obligations until the association releases the tenant
 1769  or until the tenant discontinues tenancy in the parcel. A tenant
 1770  who acts in good faith in response to a written demand from an
 1771  association is immune from any claim by from the parcel owner.
 1772         (a) If the tenant paid prepaid rent to the parcel owner for
 1773  a given rental period before receiving the demand from the
 1774  association and provides written evidence of prepaying paying
 1775  the rent to the association within 14 days after receiving the
 1776  demand, the tenant shall receive credit for the prepaid rent for
 1777  the applicable period but and must make any subsequent rental
 1778  payments to the association to be credited against the monetary
 1779  obligations of the parcel owner to the association. The
 1780  association shall, upon request, provide the tenant with written
 1781  receipts for payments made. The association shall mail written
 1782  notice to the parcel owner of the association’s demand that the
 1783  tenant pay monetary obligations to the association.
 1784         (b) The tenant is not liable for increases in the amount of
 1785  the monetary obligations due unless the tenant was notified in
 1786  writing of the increase at least 10 days before the date on
 1787  which the rent is due. The liability of the tenant may not
 1788  exceed the amount due from the tenant to the tenant’s landlord.
 1789  The tenant shall be given a credit against rents due to the
 1790  parcel owner in the amount of assessments paid to the
 1791  association.
 1792         (c) The association may issue notices under s. 83.56 and
 1793  may sue for eviction under ss. 83.59-83.625 as if the
 1794  association were a landlord under part II of chapter 83 if the
 1795  tenant fails to pay a monetary obligation. However, the
 1796  association is not otherwise considered a landlord under chapter
 1797  83 and specifically has no obligations duties under s. 83.51.
 1798         (d) The tenant does not, by virtue of payment of monetary
 1799  obligations, have any of the rights of a parcel owner to vote in
 1800  any election or to examine the books and records of the
 1801  association.
 1802         (e) A court may supersede the effect of this subsection by
 1803  appointing a receiver.
 1804         Section 22. Section 720.309, Florida Statutes, is amended
 1805  to read:
 1806         720.309 Agreements entered into by the association.—
 1807         (1) Any grant or reservation made by any document, and any
 1808  contract that has with a term greater than in excess of 10
 1809  years, that is made by an association before control of the
 1810  association is turned over to the members other than the
 1811  developer, and that provides which provide for the operation,
 1812  maintenance, or management of the association or common areas,
 1813  must be fair and reasonable.
 1814         (2) If the governing documents provide for the cost of
 1815  communication services as defined in s. 202.11, information
 1816  services or Internet services obtained pursuant to a bulk
 1817  contract shall be deemed an operating expense of the
 1818  association. If the governing documents do not provide for such
 1819  services, the board may contract for the services, and the cost
 1820  shall be deemed an operating expense of the association but must
 1821  be allocated on a per-parcel basis rather than a percentage
 1822  basis, notwithstanding that the governing documents provide for
 1823  other than an equal sharing of operating expenses. Any contract
 1824  entered into before July 1, 2011, in which the cost of the
 1825  service is not equally divided among all parcel owners may be
 1826  changed by a majority of the voting interests present at a
 1827  regular or special meeting of the association in order to
 1828  allocate the cost equally among all parcels.
 1829         (a) Any contract entered into may be canceled by a majority
 1830  of the voting interests present at the next regular or special
 1831  meeting of the association, whichever occurs first. Any member
 1832  may make a motion to cancel such contract, but if no motion is
 1833  made or if such motion fails to obtain the required vote, the
 1834  contract shall be deemed ratified for the term expressed
 1835  therein.
 1836         (b) Any contract entered into must provide, and shall be
 1837  deemed to provide if not expressly set forth therein, that a
 1838  hearing-impaired or legally blind parcel owner who does not
 1839  occupy the parcel along with a nonhearing-impaired or sighted
 1840  person, or a parcel owner who receives supplemental security
 1841  income under Title XVI of the Social Security Act or food stamps
 1842  as administered by the Department of Children and Family
 1843  Services pursuant to s. 414.31, may discontinue the service
 1844  without incurring disconnect fees, penalties, or subsequent
 1845  service charges, and may not be required to pay any operating
 1846  expenses charge related to such service for those parcels. If
 1847  fewer than all parcel owners share the expenses of the
 1848  communication services, information services, or Internet
 1849  services, the expense must be shared by all participating parcel
 1850  owners. The association may use the provisions of s. 720.3085 to
 1851  enforce payment by the parcel owners receiving such services.
 1852         (c) A resident of any parcel, whether a tenant or parcel
 1853  owner, may not be denied access to available franchised,
 1854  licensed, or certificated cable or video service providers if
 1855  the resident pays the provider directly for services. A resident
 1856  or a cable or video service provider may not be required to pay
 1857  anything of value in order to obtain or provide such service
 1858  except for the charges normally paid for like services by
 1859  residents of single-family homes located outside the community
 1860  but within the same franchised, licensed, or certificated area,
 1861  and except for installation charges agreed to between the
 1862  resident and the service provider.
 1863         Section 23. This act shall take effect July 1, 2011.
 1864  
 1865  ================= T I T L E  A M E N D M E N T ================
 1866         And the title is amended as follows:
 1867         Delete everything before the enacting clause
 1868  and insert:
 1869                        A bill to be entitled                      
 1870         An act relating to condominium, cooperative, and
 1871         homeowners’ associations; amending s. 633.0215, F.S.;
 1872         exempting certain residential buildings from a
 1873         requirement to install a manual fire alarm system;
 1874         amending s. 718.111, F.S.; revising provisions
 1875         relating to the official records of condominium
 1876         associations; providing for disclosure of employment
 1877         agreements or compensation paid to association
 1878         employees; amending s. 718.112, F.S.; revising
 1879         provisions relating to bylaws; providing that board of
 1880         administration meetings discussing personnel matters
 1881         are not open to unit members; revising requirements
 1882         for electing the board of directors; providing for
 1883         continued office and for filling vacancies under
 1884         certain circumstances; specifying unit owner
 1885         eligibility for board membership; requiring that
 1886         certain educational curriculum be completed within a
 1887         specified time before the election or appointment of a
 1888         board director; amending s. 718.113, F.S.; authorizing
 1889         the board of a condominium association to install
 1890         impact glass or other code-compliant windows under
 1891         certain circumstances; amending s. 718.114, F.S.;
 1892         requiring the vote or written consent of a majority of
 1893         the voting interests before a condominium association
 1894         may enter into certain agreements to acquire
 1895         leaseholds, memberships, or other possessory or use
 1896         interests; amending s. 718.116, F.S.; revising
 1897         provisions relating to condominium assessments;
 1898         providing that an association that acquires title to a
 1899         unit through the foreclosure of its lien for
 1900         assessments is not liable for unpaid assessments, late
 1901         fees, interest, or attorney’s fees and costs under
 1902         specified circumstances; conforming a cross-reference;
 1903         revising provisions authorizing an association to
 1904         collect rent from the tenant of a unit owner that owes
 1905         money to the association; amending s. 718.117, F.S.;
 1906         providing a procedure for the termination of ownership
 1907         of a condominium if the units have been totally
 1908         destroyed or demolished; providing procedures and
 1909         requirements for partial termination of a condominium
 1910         property; requiring that a lien against a condominium
 1911         unit being terminated be transferred to the proceeds
 1912         of sale for that property; amending s. 718.303, F.S.;
 1913         revising provisions relating to imposing remedies
 1914         against a delinquent unit owner or occupant; providing
 1915         for the suspension of certain rights of use or voting
 1916         rights; forbidding a voting interest or consent right
 1917         allocated to a unit or member which has been suspended
 1918         from being counted toward the total number of voting
 1919         interests; requiring that the suspension of certain
 1920         rights of use or voting rights be approved at a
 1921         noticed board meeting; amending s. 718.703. F.S.;
 1922         redefining the term “bulk assignee” for purposes of
 1923         the Distressed Condominium Relief Act; amending s.
 1924         718.704, F.S.; revising provisions relating to the
 1925         assignment of developer rights by a bulk assignee;
 1926         amending s. 718.705, F.S.; revising provisions
 1927         relating to the transfer of control of a condominium
 1928         board of administration to unit owners; amending s.
 1929         718.706, F.S.; revising provisions relating to the
 1930         offering of units by a bulk assignee or bulk buyer;
 1931         amending s. 718.707, F.S.; revising the time
 1932         limitation for classification as a bulk assignee or
 1933         bulk buyer; amending s. 719.108, F.S.; deleting a
 1934         provision authorizing an association to add
 1935         administrative late fees and costs for collection
 1936         services to a lien against a cooperative parcel for
 1937         unpaid rents and assessments; amending s. 719.303,
 1938         F.S.; revising provisions relating to imposing
 1939         remedies against a delinquent unit owner or occupant;
 1940         providing for the suspension of certain rights of use
 1941         or voting rights; forbidding a voting interest or
 1942         consent right allocated to a unit or member which has
 1943         been suspended from being counted toward the total
 1944         number of voting interests; requiring that the
 1945         suspension of certain rights of use or voting rights
 1946         be approved at a noticed board meeting; amending s.
 1947         720.301, F.S.; revising the definition of the term
 1948         “declaration of covenants”; amending s. 720.303, F.S.;
 1949         revising provisions relating to records that are not
 1950         accessible to members of a homeowners’ association;
 1951         providing for disclosure of employment agreements and
 1952         compensation paid to association employees; amending
 1953         s. 720.305, F.S.; revising provisions relating to
 1954         imposing remedies against a delinquent member of a
 1955         homeowners’ association; forbidding a voting interest
 1956         or consent right allocated to a parcel or member which
 1957         has been suspended from being counted toward the total
 1958         number of voting interests; requiring that the
 1959         suspension of certain rights of use or voting rights
 1960         be approved at a noticed board meeting; amending s.
 1961         720.306, F.S.; providing limitations on who may serve
 1962         on the board of directors of a homeowners’
 1963         association; amending s. 720.3085, F.S.; revising
 1964         provisions relating to the payment of assessments;
 1965         providing that an association that acquires title to a
 1966         unit through the foreclosure of its lien for
 1967         assessments is not liable for unpaid assessments, late
 1968         fees, interest, or attorney’s fees and costs under
 1969         specified circumstances; amending s. 720.309, F.S.;
 1970         providing for the allocation of communication services
 1971         by a homeowners’ association; providing for the
 1972         cancellation of communication contracts; providing
 1973         that hearing-impaired or legally blind owners and
 1974         owners receiving certain supplemental security income
 1975         or food stamps may discontinue the service without
 1976         incurring costs; providing that residents may not be
 1977         denied access to available franchised, licensed, or
 1978         certificated cable or video service providers;
 1979         providing an effective date.