Florida Senate - 2011                       CS for CS for SB 530
       
       
       
       By the Committees on Community Affairs; and Regulated
       Industries; and Senator Fasano
       
       
       
       578-03174-11                                           2011530c2
    1                        A bill to be entitled                      
    2         An act relating to condominium, cooperative, and
    3         homeowners’ associations; amending s. 633.0215, F.S.;
    4         exempting certain residential buildings from a
    5         requirement to install a manual fire alarm system;
    6         amending s. 718.111, F.S.; revising provisions
    7         relating to the official records of condominium
    8         associations; providing for disclosure of employment
    9         agreements or compensation paid to association
   10         employees; amending s. 718.112, F.S.; revising
   11         provisions relating to bylaws; providing that board of
   12         administration meetings discussing personnel matters
   13         are not open to unit members; revising requirements
   14         for electing the board of directors; providing for
   15         continued office and for filling vacancies under
   16         certain circumstances; specifying unit owner
   17         eligibility for board membership; requiring that
   18         certain educational curriculum be completed within a
   19         specified time before the election or appointment of a
   20         board director; amending s. 718.113, F.S.; authorizing
   21         the board of a condominium association to install
   22         impact glass or other code-compliant windows under
   23         certain circumstances; amending s. 718.114, F.S.;
   24         requiring the vote or written consent of a majority of
   25         the voting interests before a condominium association
   26         may enter into certain agreements to acquire
   27         leaseholds, memberships, or other possessory or use
   28         interests; amending s. 718.116, F.S.; revising
   29         provisions relating to condominium assessments;
   30         authorizing the association to charge for collection
   31         services for delinquent accounts; authorizing a claim
   32         of lien to secure reasonable expenses for collection
   33         services for a delinquent account; requiring any rent
   34         payments received by an association from a tenant to
   35         be applied to the oldest delinquent monetary
   36         obligation of a unit owner; amending s. 718.117, F.S.;
   37         providing a procedure for the termination of ownership
   38         of a condominium if the units have been totally
   39         destroyed or demolished; providing procedures and
   40         requirements for partial termination of a condominium
   41         property; requiring that a lien against a condominium
   42         unit being terminated be transferred to the proceeds
   43         of sale for that property; amending s. 718.303, F.S.;
   44         revising provisions relating to imposing remedies
   45         against a delinquent unit owner or occupant; providing
   46         for the suspension of certain rights of use or voting
   47         rights; requiring that the suspension of certain
   48         rights of use or voting rights be approved at a
   49         noticed board meeting; amending s. 718.703. F.S.;
   50         redefining the term “bulk assignee” for purposes of
   51         the Distressed Condominium Relief Act; amending s.
   52         718.704, F.S.; revising provisions relating to the
   53         assignment of developer rights by a bulk assignee;
   54         amending s. 718.705, F.S.; revising provisions
   55         relating to the transfer of control of a condominium
   56         board of administration to unit owners; amending s.
   57         718.706, F.S.; revising provisions relating to the
   58         offering of units by a bulk assignee or bulk buyer;
   59         amending s. 718.707, F.S.; revising the time
   60         limitation for classification as a bulk assignee or
   61         bulk buyer; amending s. 719.108, F.S.; authorizing an
   62         association to charge for collection services for
   63         delinquent accounts; authorizing a claim of lien to
   64         secure reasonable expenses for collection services for
   65         a delinquent account; requiring any rent payments
   66         received by a cooperative association from a tenant to
   67         be applied to the oldest delinquent monetary
   68         obligation of a unit owner; amending s. 719.303, F.S.;
   69         revising provisions relating to imposing remedies
   70         against a delinquent unit owner or occupant; providing
   71         for the suspension of certain rights of use or voting
   72         rights; requiring that the suspension of certain
   73         rights of use or voting rights be approved at a
   74         noticed board meeting; amending s. 720.301, F.S.;
   75         revising the definition of the term “declaration of
   76         covenants”; amending s. 720.303, F.S.; revising
   77         provisions relating to records that are not accessible
   78         to members of a homeowners’ association; providing for
   79         disclosure of employment agreements and compensation
   80         paid to association employees; amending s. 720.305,
   81         F.S.; revising provisions relating to imposing
   82         remedies against a delinquent member of a homeowners’
   83         association; requiring that the suspension of certain
   84         rights of use or voting rights be approved at a
   85         noticed board meeting; amending s. 720.306, F.S.;
   86         providing limitations on who may serve on the board of
   87         directors of a homeowners’ association; amending s.
   88         720.3085, F.S.; authorizing an association to charge
   89         for collection services for delinquent accounts;
   90         authorizing a claim of lien to secure expenses for
   91         collection services for a delinquent account;
   92         requiring any rent payments received by an association
   93         from a tenant to be applied to the oldest delinquent
   94         monetary obligation of a parcel owner; amending s.
   95         720.309, F.S.; providing for the allocation of
   96         communication services by a homeowners’ association;
   97         providing for the cancellation of communication
   98         contracts; providing that hearing-impaired or legally
   99         blind owners and owners receiving certain supplemental
  100         security income or food stamps may discontinue the
  101         service without incurring costs; providing that
  102         residents may not be denied access to available
  103         franchised, licensed, or certificated cable or video
  104         service providers; providing an effective date.
  105  
  106  Be It Enacted by the Legislature of the State of Florida:
  107  
  108         Section 1. Subsection (14) of section 633.0215, Florida
  109  Statutes, is amended to read:
  110         633.0215 Florida Fire Prevention Code.—
  111         (14) A condominium, cooperative, or multifamily residential
  112  building that is less than four one or two stories in height and
  113  has an exterior corridor providing a means of egress is exempt
  114  from installing a manual fire alarm system as required in s. 9.6
  115  of the most recent edition of the Life Safety Code adopted in
  116  the Florida Fire Prevention Code. This is intended to clarify
  117  existing law.
  118         Section 2. Paragraphs (a) and (c) of subsection (12) of
  119  section 718.111, Florida Statutes, are amended to read:
  120         718.111 The association.—
  121         (12) OFFICIAL RECORDS.—
  122         (a) From the inception of the association, the association
  123  shall maintain each of the following items, if applicable, which
  124  constitute shall constitute the official records of the
  125  association:
  126         1. A copy of the plans, permits, warranties, and other
  127  items provided by the developer pursuant to s. 718.301(4).
  128         2. A photocopy of the recorded declaration of condominium
  129  of each condominium operated by the association and of each
  130  amendment to each declaration.
  131         3. A photocopy of the recorded bylaws of the association
  132  and of each amendment to the bylaws.
  133         4. A certified copy of the articles of incorporation of the
  134  association, or other documents creating the association, and of
  135  each amendment thereto.
  136         5. A copy of the current rules of the association.
  137         6. A book or books that which contain the minutes of all
  138  meetings of the association, of the board of administration, and
  139  the of unit owners, which minutes must be retained for at least
  140  7 years.
  141         7. A current roster of all unit owners and their mailing
  142  addresses, unit identifications, voting certifications, and, if
  143  known, telephone numbers. The association shall also maintain
  144  the electronic mailing addresses and facsimile the numbers
  145  designated by unit owners for receiving notice sent by
  146  electronic transmission of those unit owners consenting to
  147  receive notice by electronic transmission. The electronic
  148  mailing addresses and facsimile telephone numbers may not be
  149  accessible to unit owners must be removed from association
  150  records if consent to receive notice by electronic transmission
  151  is not provided in accordance with subparagraph (c)5 revoked.
  152  However, the association is not liable for an erroneous
  153  disclosure of the electronic mail address or facsimile the
  154  number for receiving electronic transmission of notices.
  155         8. All current insurance policies of the association and
  156  condominiums operated by the association.
  157         9. A current copy of any management agreement, lease, or
  158  other contract to which the association is a party or under
  159  which the association or the unit owners have an obligation or
  160  responsibility.
  161         10. Bills of sale or transfer for all property owned by the
  162  association.
  163         11. Accounting records for the association and separate
  164  accounting records for each condominium that which the
  165  association operates. All accounting records must shall be
  166  maintained for at least 7 years. Any person who knowingly or
  167  intentionally defaces or destroys such accounting records
  168  required to be created and maintained by this chapter during the
  169  period for which such records are required to be maintained, or
  170  who knowingly or intentionally fails to create or maintain such
  171  records, with the intent of causing harm to the association or
  172  one or more of its members, is personally subject to a civil
  173  penalty pursuant to s. 718.501(1)(d). The accounting records
  174  must include, but are not limited to:
  175         a. Accurate, itemized, and detailed records of all receipts
  176  and expenditures.
  177         b. A current account and a monthly, bimonthly, or quarterly
  178  statement of the account for each unit designating the name of
  179  the unit owner, the due date and amount of each assessment, the
  180  amount paid on upon the account, and the balance due.
  181         c. All audits, reviews, accounting statements, and
  182  financial reports of the association or condominium.
  183         d. All contracts for work to be performed. Bids for work to
  184  be performed are also considered official records and must be
  185  maintained by the association.
  186         12. Ballots, sign-in sheets, voting proxies, and all other
  187  papers relating to voting by unit owners, which must be
  188  maintained for 1 year from the date of the election, vote, or
  189  meeting to which the document relates, notwithstanding paragraph
  190  (b).
  191         13. All rental records if the association is acting as
  192  agent for the rental of condominium units.
  193         14. A copy of the current question and answer sheet as
  194  described in s. 718.504.
  195         15. All other records of the association not specifically
  196  included in the foregoing which are related to the operation of
  197  the association.
  198         16. A copy of the inspection report as described provided
  199  in s. 718.301(4)(p).
  200         (c) The official records of the association are open to
  201  inspection by any association member or the authorized
  202  representative of such member at all reasonable times. The right
  203  to inspect the records includes the right to make or obtain
  204  copies, at the reasonable expense, if any, of the member. The
  205  association may adopt reasonable rules regarding the frequency,
  206  time, location, notice, and manner of record inspections and
  207  copying. The failure of an association to provide the records
  208  within 10 working days after receipt of a written request
  209  creates a rebuttable presumption that the association willfully
  210  failed to comply with this paragraph. A unit owner who is denied
  211  access to official records is entitled to the actual damages or
  212  minimum damages for the association’s willful failure to comply.
  213  Minimum damages are shall be $50 per calendar day for up to 10
  214  days, beginning the calculation to begin on the 11th working day
  215  after receipt of the written request. The failure to permit
  216  inspection of the association records as provided herein
  217  entitles any person prevailing in an enforcement action to
  218  recover reasonable attorney’s fees from the person in control of
  219  the records who, directly or indirectly, knowingly denied access
  220  to the records. Any person who knowingly or intentionally
  221  defaces or destroys accounting records that are required by this
  222  chapter to be maintained during the period for which such
  223  records are required to be maintained, or who knowingly or
  224  intentionally fails to create or maintain accounting records
  225  that are required to be created or maintained, with the intent
  226  of causing harm to the association or one or more of its
  227  members, is personally subject to a civil penalty pursuant to s.
  228  718.501(1)(d). The association shall maintain an adequate number
  229  of copies of the declaration, articles of incorporation, bylaws,
  230  and rules, and all amendments to each of the foregoing, as well
  231  as the question and answer sheet as described provided for in s.
  232  718.504 and year-end financial information required under in
  233  this section, on the condominium property to ensure their
  234  availability to unit owners and prospective purchasers, and may
  235  charge its actual costs for preparing and furnishing these
  236  documents to those requesting the documents. Notwithstanding the
  237  provisions of this paragraph, the following records are not
  238  accessible to unit owners:
  239         1. Any record protected by the lawyer-client privilege as
  240  described in s. 90.502; and any record protected by the work
  241  product privilege, including a any record prepared by an
  242  association attorney or prepared at the attorney’s express
  243  direction,; which reflects a mental impression, conclusion,
  244  litigation strategy, or legal theory of the attorney or the
  245  association, and which was prepared exclusively for civil or
  246  criminal litigation or for adversarial administrative
  247  proceedings, or which was prepared in anticipation of such
  248  imminent civil or criminal litigation or imminent adversarial
  249  administrative proceedings until the conclusion of the
  250  litigation or adversarial administrative proceedings.
  251         2. Information obtained by an association in connection
  252  with the approval of the lease, sale, or other transfer of a
  253  unit.
  254         3. Personnel records of association or management company
  255  employees, including, but not limited to, disciplinary, payroll,
  256  health, and insurance records. For purposes of this
  257  subparagraph, the term “personnel records” does not include
  258  written employment agreements with an association employee or
  259  budgetary or financial records that indicate the compensation
  260  paid to an association employee.
  261         4. Medical records of unit owners.
  262         5. Social security numbers, driver’s license numbers,
  263  credit card numbers, e-mail addresses, telephone numbers,
  264  facsimile numbers, emergency contact information, any addresses
  265  of a unit owner other than as provided to fulfill the
  266  association’s notice requirements, and other personal
  267  identifying information of any person, excluding the person’s
  268  name, unit designation, mailing address, and property address,
  269  and any address, e-mail address, or facsimile number provided to
  270  the association to fulfill the association’s notice
  271  requirements. However, an owner may consent in writing to the
  272  disclosure of protected information described in this
  273  subparagraph. The association is not liable for the disclosure
  274  of information that is protected under this subparagraph if the
  275  information is included in an official record of the association
  276  and is voluntarily provided by an owner and not requested by the
  277  association.
  278         6. Any Electronic security measures measure that are is
  279  used by the association to safeguard data, including passwords.
  280         7. The software and operating system used by the
  281  association which allow the allows manipulation of data, even if
  282  the owner owns a copy of the same software used by the
  283  association. The data is part of the official records of the
  284  association.
  285         Section 3. Paragraphs (b), (c), and (d) of subsection (2)
  286  of section 718.112, Florida Statutes, are amended to read:
  287         718.112 Bylaws.—
  288         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  289  following and, if they do not do so, shall be deemed to include
  290  the following:
  291         (b) Quorum; voting requirements; proxies.—
  292         1. Unless a lower number is provided in the bylaws, the
  293  percentage of voting interests required to constitute a quorum
  294  at a meeting of the members is shall be a majority of the voting
  295  interests. Unless otherwise provided in this chapter or in the
  296  declaration, articles of incorporation, or bylaws, and except as
  297  provided in subparagraph (d)4. (d)3., decisions shall be made by
  298  owners of a majority of the voting interests represented at a
  299  meeting at which a quorum is present.
  300         2. Except as specifically otherwise provided herein, after
  301  January 1, 1992, unit owners may not vote by general proxy, but
  302  may vote by limited proxies substantially conforming to a
  303  limited proxy form adopted by the division. A No voting interest
  304  or consent right allocated to a unit owned by the association
  305  may not shall be exercised or considered for any purpose,
  306  whether for a quorum, an election, or otherwise. Limited proxies
  307  and general proxies may be used to establish a quorum. Limited
  308  proxies shall be used for votes taken to waive or reduce
  309  reserves in accordance with subparagraph (f)2.; for votes taken
  310  to waive the financial reporting requirements of s. 718.111(13);
  311  for votes taken to amend the declaration pursuant to s. 718.110;
  312  for votes taken to amend the articles of incorporation or bylaws
  313  pursuant to this section; and for any other matter for which
  314  this chapter requires or permits a vote of the unit owners.
  315  Except as provided in paragraph (d), a after January 1, 1992, no
  316  proxy, limited or general, may not shall be used in the election
  317  of board members. General proxies may be used for other matters
  318  for which limited proxies are not required, and may also be used
  319  in voting for nonsubstantive changes to items for which a
  320  limited proxy is required and given. Notwithstanding the
  321  provisions of this subparagraph, unit owners may vote in person
  322  at unit owner meetings. This subparagraph does not Nothing
  323  contained herein shall limit the use of general proxies or
  324  require the use of limited proxies for any agenda item or
  325  election at any meeting of a timeshare condominium association.
  326         3. Any proxy given is shall be effective only for the
  327  specific meeting for which originally given and any lawfully
  328  adjourned meetings thereof. A In no event shall any proxy is not
  329  be valid for a period longer than 90 days after the date of the
  330  first meeting for which it was given. Every proxy is revocable
  331  at any time at the pleasure of the unit owner executing it.
  332         4. A member of the board of administration or a committee
  333  may submit in writing his or her agreement or disagreement with
  334  any action taken at a meeting that the member did not attend.
  335  This agreement or disagreement may not be used as a vote for or
  336  against the action taken or to create and may not be used for
  337  the purposes of creating a quorum.
  338         5. If When any of the board or committee members meet by
  339  telephone conference, those board or committee members attending
  340  by telephone conference may be counted toward obtaining a quorum
  341  and may vote by telephone. A telephone speaker must be used so
  342  that the conversation of those board or committee members
  343  attending by telephone may be heard by the board or committee
  344  members attending in person as well as by any unit owners
  345  present at a meeting.
  346         (c) Board of administration meetings.—Meetings of the board
  347  of administration at which a quorum of the members is present
  348  are shall be open to all unit owners. A Any unit owner may tape
  349  record or videotape the meetings of the board of administration.
  350  The right to attend such meetings includes the right to speak at
  351  such meetings with reference to all designated agenda items. The
  352  division shall adopt reasonable rules governing the tape
  353  recording and videotaping of the meeting. The association may
  354  adopt written reasonable rules governing the frequency,
  355  duration, and manner of unit owner statements.
  356         1. Adequate notice of all board meetings, which must notice
  357  shall specifically identify all incorporate an identification of
  358  agenda items, must shall be posted conspicuously on the
  359  condominium property at least 48 continuous hours before
  360  preceding the meeting except in an emergency. If 20 percent of
  361  the voting interests petition the board to address an item of
  362  business, the board shall at its next regular board meeting or
  363  at a special meeting of the board, but not later than 60 days
  364  after the receipt of the petition, shall place the item on the
  365  agenda. Any item not included on the notice may be taken up on
  366  an emergency basis by at least a majority plus one of the board
  367  members of the board. Such emergency action must shall be
  368  noticed and ratified at the next regular board meeting of the
  369  board. However, written notice of any meeting at which
  370  nonemergency special assessments, or at which amendment to rules
  371  regarding unit use, will be considered must shall be mailed,
  372  delivered, or electronically transmitted to the unit owners and
  373  posted conspicuously on the condominium property at least not
  374  less than 14 days before prior to the meeting. Evidence of
  375  compliance with this 14-day notice requirement must shall be
  376  made by an affidavit executed by the person providing the notice
  377  and filed with among the official records of the association.
  378  Upon notice to the unit owners, the board shall, by duly adopted
  379  rule, designate a specific location on the condominium property
  380  or association property where upon which all notices of board
  381  meetings are to shall be posted. If there is no condominium
  382  property or association property where upon which notices can be
  383  posted, notices of board meetings shall be mailed, delivered, or
  384  electronically transmitted at least 14 days before the meeting
  385  to the owner of each unit. In lieu of or in addition to the
  386  physical posting of the notice of any meeting of the board of
  387  administration on the condominium property, the association may,
  388  by reasonable rule, adopt a procedure for conspicuously posting
  389  and repeatedly broadcasting the notice and the agenda on a
  390  closed-circuit cable television system serving the condominium
  391  association. However, if broadcast notice is used in lieu of a
  392  notice posted physically posted on the condominium property, the
  393  notice and agenda must be broadcast at least four times every
  394  broadcast hour of each day that a posted notice is otherwise
  395  required under this section. If When broadcast notice is
  396  provided, the notice and agenda must be broadcast in a manner
  397  and for a sufficient continuous length of time so as to allow an
  398  average reader to observe the notice and read and comprehend the
  399  entire content of the notice and the agenda. Notice of any
  400  meeting in which regular or special assessments against unit
  401  owners are to be considered for any reason must shall
  402  specifically state that assessments will be considered and
  403  provide the nature, estimated cost, and description of the
  404  purposes for such assessments.
  405         2. Meetings of a committee to take final action on behalf
  406  of the board or make recommendations to the board regarding the
  407  association budget are subject to the provisions of this
  408  paragraph. Meetings of a committee that does not take final
  409  action on behalf of the board or make recommendations to the
  410  board regarding the association budget are subject to the
  411  provisions of this section, unless those meetings are exempted
  412  from this section by the bylaws of the association.
  413         3. Notwithstanding any other law, the requirement that
  414  board meetings and committee meetings be open to the unit owners
  415  does not apply is inapplicable to:
  416         a. Meetings between the board or a committee and the
  417  association’s attorney, with respect to proposed or pending
  418  litigation, if when the meeting is held for the purpose of
  419  seeking or rendering legal advice; or
  420         b. Board meetings held for the purpose of discussing
  421  personnel matters.
  422         (d) Unit owner meetings.—
  423         1. An annual meeting of the unit owners shall be held at
  424  the location provided in the association bylaws and, if the
  425  bylaws are silent as to the location, the meeting shall be held
  426  within 45 miles of the condominium property. However, such
  427  distance requirement does not apply to an association governing
  428  a timeshare condominium.
  429         2. Unless the bylaws provide otherwise, a vacancy on the
  430  board caused by the expiration of a director’s term shall be
  431  filled by electing a new board member, and the election must be
  432  by secret ballot. An election is not required However, if the
  433  number of vacancies equals or exceeds the number of candidates,
  434  an election is not required. For purposes of this paragraph, the
  435  term “candidate” means an eligible person who has timely
  436  submitted the written notice, as described in sub-subparagraph
  437  4.a., of his or her intention to become a candidate. Except in a
  438  timeshare condominium, or if the staggered term of a board
  439  member does not expire until a later annual meeting, or if all
  440  members terms would otherwise expire but there are no
  441  candidates, the terms of all board members of the board expire
  442  at the annual meeting, and such board members may stand for
  443  reelection unless prohibited otherwise permitted by the bylaws.
  444  If the bylaws permit staggered terms of no more than 2 years and
  445  upon approval of a majority of the total voting interests, the
  446  association board members may serve 2-year staggered terms. If
  447  the number of board members whose terms expire at the annual
  448  meeting equals or have expired exceeds the number of candidates,
  449  the candidates become members of the board effective upon the
  450  adjournment of the annual meeting. Unless the bylaws provide
  451  otherwise, any remaining vacancies shall be filled by the
  452  affirmative vote of the majority of the directors making up the
  453  newly constituted board even if the directors constitute less
  454  than a quorum or there is only one director eligible members
  455  showing interest in or demonstrating an intention to run for the
  456  vacant positions, each board member whose term has expired is
  457  eligible for reappointment to the board of administration and
  458  need not stand for reelection. In a condominium association of
  459  more than 10 units or in a condominium association that does not
  460  include timeshare units or timeshare interests, coowners of a
  461  unit may not serve as members of the board of directors at the
  462  same time unless they own more than one unit or unless there are
  463  not enough eligible candidates to fill the vacancies on the
  464  board at the time of the vacancy. Any unit owner desiring to be
  465  a candidate for board membership must comply with sub
  466  subparagraph 4.a. and must be eligible to serve on the board of
  467  directors at the time of the deadline for submitting a notice of
  468  intent to run, and continuously thereafter, in order to have his
  469  or her name listed as a proper candidate on the ballot or to
  470  serve on the board 3.a. A person who has been suspended or
  471  removed by the division under this chapter, or who is delinquent
  472  in the payment of any fee, fine, or special or regular
  473  assessment as provided in paragraph (n), is not eligible for
  474  board membership. A person who has been convicted of any felony
  475  in this state or in a United States District or Territorial
  476  Court, or who has been convicted of any offense in another
  477  jurisdiction which that would be considered a felony if
  478  committed in this state, is not eligible for board membership
  479  unless such felon’s civil rights have been restored for at least
  480  5 years as of the date on which such person seeks election to
  481  the board. The validity of an action by the board is not
  482  affected if it is later determined that a board member of the
  483  board is ineligible for board membership due to having been
  484  convicted of a felony.
  485         3.2. The bylaws must provide the method of calling meetings
  486  of unit owners, including annual meetings. Written notice, which
  487  must include an agenda, must shall be mailed, hand delivered, or
  488  electronically transmitted to each unit owner at least 14 days
  489  before the annual meeting, and must be posted in a conspicuous
  490  place on the condominium property at least 14 continuous days
  491  before preceding the annual meeting. Upon notice to the unit
  492  owners, the board shall, by duly adopted rule, designate a
  493  specific location on the condominium property or association
  494  property where upon which all notices of unit owner meetings
  495  shall be posted. This requirement does not apply However, if
  496  there is no condominium property or association property for
  497  posting upon which notices can be posted, this requirement does
  498  not apply. In lieu of, or in addition to, the physical posting
  499  of meeting notices, the association may, by reasonable rule,
  500  adopt a procedure for conspicuously posting and repeatedly
  501  broadcasting the notice and the agenda on a closed-circuit cable
  502  television system serving the condominium association. However,
  503  if broadcast notice is used in lieu of a notice posted
  504  physically on the condominium property, the notice and agenda
  505  must be broadcast at least four times every broadcast hour of
  506  each day that a posted notice is otherwise required under this
  507  section. If broadcast notice is provided, the notice and agenda
  508  must be broadcast in a manner and for a sufficient continuous
  509  length of time so as to allow an average reader to observe the
  510  notice and read and comprehend the entire content of the notice
  511  and the agenda. Unless a unit owner waives in writing the right
  512  to receive notice of the annual meeting, such notice must be
  513  hand delivered, mailed, or electronically transmitted to each
  514  unit owner. Notice for meetings and notice for all other
  515  purposes must be mailed to each unit owner at the address last
  516  furnished to the association by the unit owner, or hand
  517  delivered to each unit owner. However, if a unit is owned by
  518  more than one person, the association must shall provide notice,
  519  for meetings and all other purposes, to the that one address
  520  that which the developer initially identifies for that purpose
  521  and thereafter as one or more of the owners of the unit shall
  522  advise the association in writing, or if no address is given or
  523  the owners of the unit do not agree, to the address provided on
  524  the deed of record. An officer of the association, or the
  525  manager or other person providing notice of the association
  526  meeting, must shall provide an affidavit or United States Postal
  527  Service certificate of mailing, to be included in the official
  528  records of the association affirming that the notice was mailed
  529  or hand delivered, in accordance with this provision.
  530         4.3. The members of the board shall be elected by written
  531  ballot or voting machine. Proxies may not be used in electing
  532  the board in general elections or elections to fill vacancies
  533  caused by recall, resignation, or otherwise, unless otherwise
  534  provided in this chapter.
  535         a. At least 60 days before a scheduled election, the
  536  association shall mail, deliver, or electronically transmit,
  537  whether by separate association mailing or included in another
  538  association mailing, delivery, or transmission, including
  539  regularly published newsletters, to each unit owner entitled to
  540  a vote, a first notice of the date of the election. Any unit
  541  owner or other eligible person desiring to be a candidate for
  542  the board must give written notice of his or her intent to be a
  543  candidate to the association at least 40 days before a scheduled
  544  election. Together with the written notice and agenda as set
  545  forth in subparagraph 3. 2., the association shall mail,
  546  deliver, or electronically transmit a second notice of the
  547  election to all unit owners entitled to vote, together with a
  548  ballot that lists all candidates. Upon request of a candidate,
  549  an information sheet, no larger than 8 1/2 inches by 11 inches,
  550  which must be furnished by the candidate at least 35 days before
  551  the election, must be included with the mailing, delivery, or
  552  transmission of the ballot, with the costs of mailing, delivery,
  553  or electronic transmission and copying to be borne by the
  554  association. The association is not liable for the contents of
  555  the information sheets prepared by the candidates. In order to
  556  reduce costs, the association may print or duplicate the
  557  information sheets on both sides of the paper. The division
  558  shall by rule establish voting procedures consistent with this
  559  sub-subparagraph, including rules establishing procedures for
  560  giving notice by electronic transmission and rules providing for
  561  the secrecy of ballots. Elections shall be decided by a
  562  plurality of those ballots cast. There is no quorum requirement;
  563  however, at least 20 percent of the eligible voters must cast a
  564  ballot in order to have a valid election of members of the
  565  board. A unit owner may not permit any other person to vote his
  566  or her ballot, and any ballots improperly cast are invalid. A,
  567  provided any unit owner who violates this provision may be fined
  568  by the association in accordance with s. 718.303. A unit owner
  569  who needs assistance in casting the ballot for the reasons
  570  stated in s. 101.051 may obtain such assistance. The regular
  571  election must occur on the date of the annual meeting. This sub
  572  subparagraph does not apply to timeshare condominium
  573  associations. Notwithstanding this sub-subparagraph, an election
  574  is not required unless more candidates file notices of intent to
  575  run or are nominated than board vacancies exist.
  576         b. Within 90 days after being elected or appointed to the
  577  board, each newly elected or appointed director shall certify in
  578  writing to the secretary of the association that he or she has
  579  read the association’s declaration of condominium, articles of
  580  incorporation, bylaws, and current written policies; that he or
  581  she will work to uphold such documents and policies to the best
  582  of his or her ability; and that he or she will faithfully
  583  discharge his or her fiduciary responsibility to the
  584  association’s members. In lieu of this written certification,
  585  within 90 days after being elected or appointed to the board,
  586  the newly elected or appointed director may submit a certificate
  587  of having satisfactorily completed satisfactory completion of
  588  the educational curriculum administered by a division-approved
  589  condominium education provider within 1 year before or 90 days
  590  after the date of election or appointment. The written
  591  certification or educational certificate is valid and does not
  592  have to be resubmitted as long as the director serves on the
  593  board without interruption. A director who fails to timely file
  594  the written certification or educational certificate is
  595  suspended from service on the board until he or she complies
  596  with this sub-subparagraph. The board may temporarily fill the
  597  vacancy during the period of suspension. The secretary shall
  598  cause the association to retain a director’s written
  599  certification or educational certificate for inspection by the
  600  members for 5 years after a director’s election. Failure to have
  601  such written certification or educational certificate on file
  602  does not affect the validity of any board action. This chapter
  603  does not limit the use of general or limited proxies, require
  604  the use of general or limited proxies, or require the use of a
  605  written ballot or voting machine for any agenda item or election
  606  at any meeting of a timeshare condominium association.
  607         5.4. Any approval by unit owners called for by this chapter
  608  or the applicable declaration or bylaws, including, but not
  609  limited to, the approval requirement in s. 718.111(8), must
  610  shall be made at a duly noticed meeting of unit owners and is
  611  subject to all requirements of this chapter or the applicable
  612  condominium documents relating to unit owner decisionmaking,
  613  except that unit owners may take action by written agreement,
  614  without meetings, on matters for which action by written
  615  agreement without meetings is expressly allowed by the
  616  applicable bylaws or declaration or any law statute that
  617  provides for such action.
  618         6.5. Unit owners may waive notice of specific meetings if
  619  allowed by the applicable bylaws or declaration or any law
  620  statute. If authorized by the bylaws, notice of meetings of the
  621  board of administration, unit owner meetings, except unit owner
  622  meetings called to recall board members under paragraph (j), and
  623  committee meetings may be given by electronic transmission to
  624  unit owners who consent to receive notice by electronic
  625  transmission.
  626         7.6. Unit owners shall have the right to participate in
  627  meetings of unit owners with reference to all designated agenda
  628  items. However, the association may adopt reasonable rules
  629  governing the frequency, duration, and manner of unit owner
  630  participation.
  631         8.7.A Any unit owner may tape record or videotape a
  632  meeting of the unit owners subject to reasonable rules adopted
  633  by the division.
  634         9.8. Unless otherwise provided in the bylaws, any vacancy
  635  occurring on the board before the expiration of a term may be
  636  filled by the affirmative vote of the majority of the remaining
  637  directors, even if the remaining directors constitute less than
  638  a quorum, or by the sole remaining director. In the alternative,
  639  a board may hold an election to fill the vacancy, in which case
  640  the election procedures must conform to the requirements of sub
  641  subparagraph 4.a. 3.a. unless the association governs 10 units
  642  or fewer and has opted out of the statutory election process, in
  643  which case the bylaws of the association control. Unless
  644  otherwise provided in the bylaws, a board member appointed or
  645  elected under this section shall fill the vacancy for the
  646  unexpired term of the seat being filled. Filling vacancies
  647  created by recall is governed by paragraph (j) and rules adopted
  648  by the division.
  649  
  650  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a.
  651  (d)3.a., an association of 10 or fewer units may, by affirmative
  652  vote of a majority of the total voting interests, provide for
  653  different voting and election procedures in its bylaws, which
  654  vote may be by a proxy specifically delineating the different
  655  voting and election procedures. The different voting and
  656  election procedures may provide for elections to be conducted by
  657  limited or general proxy.
  658         Section 4. Subsection (5) of section 718.113, Florida
  659  Statutes, is amended to read:
  660         718.113 Maintenance; limitation upon improvement; display
  661  of flag; hurricane shutters; display of religious decorations.—
  662         (5) Each board of administration shall adopt hurricane
  663  shutter specifications for each building within each condominium
  664  operated by the association which shall include color, style,
  665  and other factors deemed relevant by the board. All
  666  specifications adopted by the board must shall comply with the
  667  applicable building code.
  668         (a) The board may, subject to the provisions of s.
  669  718.3026, and the approval of a majority of voting interests of
  670  the condominium, install hurricane shutters, impact glass or
  671  other code-compliant windows, or hurricane protection that
  672  complies with or exceeds the applicable building code. However,
  673  or both, except that a vote of the owners is not required if the
  674  maintenance, repair, and replacement of hurricane shutters,
  675  impact glass, or other code-compliant windows or other forms of
  676  hurricane protection are the responsibility of the association
  677  pursuant to the declaration of condominium. If However, where
  678  hurricane protection or laminated glass or window film
  679  architecturally designed to function as hurricane protection
  680  which complies with or exceeds the current applicable building
  681  code has been previously installed, the board may not install
  682  hurricane shutters, or other hurricane protection, or impact
  683  glass or other code-compliant windows except upon approval by a
  684  majority vote of the voting interests.
  685         (b) The association is shall be responsible for the
  686  maintenance, repair, and replacement of the hurricane shutters
  687  or other hurricane protection authorized by this subsection if
  688  such hurricane shutters or other hurricane protection is the
  689  responsibility of the association pursuant to the declaration of
  690  condominium. If the hurricane shutters or other hurricane
  691  protection is authorized by this subsection are the
  692  responsibility of the unit owners pursuant to the declaration of
  693  condominium, the responsibility for the maintenance, repair, and
  694  replacement of such items is shall be the responsibility of the
  695  unit owner.
  696         (c) The board may operate shutters installed pursuant to
  697  this subsection without permission of the unit owners only if
  698  where such operation is necessary to preserve and protect the
  699  condominium property and association property. The installation,
  700  replacement, operation, repair, and maintenance of such shutters
  701  in accordance with the procedures set forth in this paragraph
  702  are herein shall not be deemed a material alteration to the
  703  common elements or association property within the meaning of
  704  this section.
  705         (d) Notwithstanding any other provision to the contrary in
  706  the condominium documents, if approval is required by the
  707  documents, a board may shall not refuse to approve the
  708  installation or replacement of hurricane shutters by a unit
  709  owner conforming to the specifications adopted by the board.
  710         Section 5. Section 718.114, Florida Statutes, is amended to
  711  read:
  712         718.114 Association powers.—An association may has the
  713  power to enter into agreements, to acquire leaseholds,
  714  memberships, and other possessory or use interests in lands or
  715  facilities such as country clubs, golf courses, marinas, and
  716  other recreational facilities,. It has this power whether or not
  717  the lands or facilities are contiguous to the lands of the
  718  condominium, if such lands and facilities they are intended to
  719  provide enjoyment, recreation, or other use or benefit to the
  720  unit owners. All of these leaseholds, memberships, and other
  721  possessory or use interests existing or created at the time of
  722  recording the declaration must be stated and fully described in
  723  the declaration. Subsequent to the recording of the declaration,
  724  agreements acquiring these leaseholds, memberships, or other
  725  possessory or use interests which are not entered into within 12
  726  months following the recording of the declaration are shall be
  727  considered a material alteration or substantial addition to the
  728  real property that is association property, and the association
  729  may not acquire or enter into such agreements acquiring these
  730  leaseholds, memberships, or other possessory or use interests
  731  except upon a vote of, or written consent by, a majority of the
  732  total voting interests or as authorized by the declaration as
  733  provided in s. 718.113. The declaration may provide that the
  734  rental, membership fees, operations, replacements, and other
  735  expenses are common expenses and may impose covenants and
  736  restrictions concerning their use and may contain other
  737  provisions not inconsistent with this chapter. A condominium
  738  association may conduct bingo games as provided in s. 849.0931.
  739         Section 6. Subsection (3), paragraph (b) of subsection (5),
  740  and subsection (11) of section 718.116, Florida Statutes, are
  741  amended to read:
  742         718.116 Assessments; liability; lien and priority;
  743  interest; collection.—
  744         (3) Assessments and installments on assessments which are
  745  not paid when due bear interest at the rate provided in the
  746  declaration, from the due date until paid. The This rate may not
  747  exceed the rate allowed by law, and, if no rate is provided in
  748  the declaration, interest accrues at the rate of 18 percent per
  749  year. Also, If provided by the declaration or bylaws, the
  750  association may, in addition to such interest, charge an
  751  administrative late fee of up to the greater of $25 or 5 percent
  752  of each installment of the assessment for each delinquent
  753  installment for which the payment is late. The association may
  754  also charge for reasonable expenses incurred by the association
  755  for collection services that are reasonably related to the
  756  collection of the delinquent account rendered by a community
  757  association manager or community association management firm, as
  758  specified in a written agreement with such community association
  759  manager or firm, and payable to the community association
  760  manager or firm as a liquidated sum. Any payment received by an
  761  association must be applied first to any interest accrued by the
  762  association, then to any administrative late fee, then to
  763  expenses for collection services, then to any costs and
  764  reasonable attorney’s fees incurred in collection, and then to
  765  the delinquent assessment. The foregoing is applicable
  766  notwithstanding any restrictive endorsement, designation, or
  767  instruction placed on or accompanying a payment. A late fee is
  768  not subject to chapter 687 or s. 718.303(4) 718.303(3).
  769         (5)
  770         (b) To be valid, a claim of lien must state the description
  771  of the condominium parcel, the name of the record owner, the
  772  name and address of the association, the amount due, and the due
  773  dates. It must be executed and acknowledged by an officer or
  774  authorized agent of the association. The lien is not effective
  775  longer than 1 year after the claim of lien was recorded unless,
  776  within that time, an action to enforce the lien is commenced.
  777  The 1-year period is automatically extended for any length of
  778  time during which the association is prevented from filing a
  779  foreclosure action by an automatic stay resulting from a
  780  bankruptcy petition filed by the parcel owner or any other
  781  person claiming an interest in the parcel. The claim of lien
  782  secures all unpaid assessments that are due and that may accrue
  783  after the claim of lien is recorded and through the entry of a
  784  final judgment, as well as interest and all reasonable costs and
  785  attorney’s fees incurred by the association incident to the
  786  collection process. The claim of lien also secures reasonable
  787  expenses for collection services incurred before filing a claim
  788  as provided in subsection (3). Upon payment in full, the person
  789  making the payment is entitled to a satisfaction of the lien.
  790  
  791  After notice of contest of lien has been recorded, the clerk of
  792  the circuit court shall mail a copy of the recorded notice to
  793  the association by certified mail, return receipt requested, at
  794  the address shown in the claim of lien or most recent amendment
  795  to it and shall certify to the service on the face of the
  796  notice. Service is complete upon mailing. After service, the
  797  association has 90 days in which to file an action to enforce
  798  the lien; and, if the action is not filed within the 90-day
  799  period, the lien is void. However, the 90-day period shall be
  800  extended for any length of time during which that the
  801  association is prevented from filing its action because of an
  802  automatic stay resulting from the filing of a bankruptcy
  803  petition by the unit owner or by any other person claiming an
  804  interest in the parcel.
  805         (11) If the unit is occupied by a tenant and the unit owner
  806  is delinquent in paying any monetary obligation due to the
  807  association, the association may make a written demand that the
  808  tenant pay rent to the association the future monetary
  809  obligations related to the condominium unit to the association,
  810  and continue to the tenant must make such payments until all
  811  monetary obligations of the unit owner related to the unit have
  812  been paid in full to the association payment. The demand is
  813  continuing in nature and, upon demand, The tenant must pay rent
  814  the monetary obligations to the association until the
  815  association releases the tenant or the tenant discontinues
  816  tenancy in the unit. The association must mail written notice to
  817  the unit owner of the association’s demand that the tenant make
  818  payments to the association. The association shall, upon
  819  request, provide the tenant with written receipts for payments
  820  made. A tenant who acts in good faith in response to a written
  821  demand from an association is immune from any claim by from the
  822  unit owner related to the rent once the association has made
  823  written demand. Any payment received from a tenant must be
  824  applied to the unit owner’s oldest delinquent monetary
  825  obligation.
  826         (a) If the tenant paid prepaid rent to the unit owner for a
  827  given rental period before receiving the demand from the
  828  association and provides written evidence of prepaying paying
  829  the rent to the association within 14 days after receiving the
  830  demand, the tenant shall receive credit for the prepaid rent for
  831  the applicable period but and must make any subsequent rental
  832  payments to the association to be credited against the monetary
  833  obligations of the unit owner to the association.
  834         (b) The tenant is not liable for increases in the amount of
  835  the monetary obligations due unless the tenant was notified in
  836  writing of the increase at least 10 days before the date the
  837  rent is due. The liability of the tenant may not exceed the
  838  amount due from the tenant to the tenant’s landlord. The
  839  tenant’s landlord shall provide the tenant a credit against
  840  rents due to the unit owner in the amount of moneys paid to the
  841  association under this section.
  842         (c) The association may issue notices under s. 83.56 and
  843  may sue for eviction under ss. 83.59-83.625 as if the
  844  association were a landlord under part II of chapter 83 if the
  845  tenant fails to pay a required payment to the association.
  846  However, the association is not otherwise considered a landlord
  847  under chapter 83 and specifically has no obligations duties
  848  under s. 83.51.
  849         (d) The tenant does not, by virtue of payment of rent
  850  monetary obligations to the association, have any of the rights
  851  of a unit owner to vote in any election or to examine the books
  852  and records of the association.
  853         (e) A court may supersede the effect of this subsection by
  854  appointing a receiver.
  855         Section 7. Paragraph (c) is added to subsection (2) of
  856  section 718.117, Florida Statutes, and subsections (3), (4), and
  857  (11), paragraphs (a) and (d) of subsection (12), subsection
  858  (14), paragraph (a) of subsection (17), and subsections (18) and
  859  (19) of that section are amended, to read:
  860         718.117 Termination of condominium.—
  861         (2) TERMINATION BECAUSE OF ECONOMIC WASTE OR
  862  IMPOSSIBILITY.—
  863         (c) Notwithstanding paragraph (a), a condominium that
  864  includes units and timeshare estates where the improvements have
  865  been totally destroyed or demolished may be terminated pursuant
  866  to a plan of termination proposed by a unit owner upon filing a
  867  petition in court seeking equitable relief.
  868         1. Within 10 days after filing the petition, and in lieu of
  869  the requirements of paragraph (15)(a), the petitioner shall
  870  record the proposed plan of termination and mail copies of the
  871  plan and the petition to:
  872         a. Each member of the board of directors of the association
  873  identified in the most recent annual report filed with the
  874  department of state and the registered agent of the association
  875  if the association has not been dissolved as a matter of law;
  876         b. The managing entity as defined in s. 721.05;
  877         c. Each unit owner and each timeshare estate owner at the
  878  address reflected in the official records of the association, or
  879  if the association records cannot be obtained by the petitioner,
  880  each unit owner and each timeshare estate owner at the address
  881  listed in the office of the tax collector for tax notices; and
  882         d. Each holder of a recorded mortgage lien affecting a unit
  883  or timeshare estate at the address appearing on the recorded
  884  mortgage or any recorded assignment thereof.
  885         2. The association as class representative if it has not
  886  been dissolved as a matter of law, the managing entity as
  887  defined in s. 721.05, any unit owner, timeshare estate owner, or
  888  holder of a recorded mortgage lien affecting a unit or timeshare
  889  estate may intervene in the proceedings to contest the proposed
  890  plan of termination brought pursuant to this paragraph. The
  891  provisions of subsection (9), to the extent inconsistent with
  892  this paragraph, and subsection (16) are not applicable to a
  893  party contesting a plan of termination under this paragraph. If
  894  no party intervenes to contest the proposed plan within 45 days
  895  after filing the petition, the petitioner may move the court to
  896  enter a final judgment authorizing that the plan of termination
  897  be implemented. If a party timely intervenes to contest the
  898  proposed plan, the plan may not be implemented until a final
  899  judgment has been entered by the court finding that the proposed
  900  plan of termination is fair and reasonable and authorizing
  901  implementation of the plan.
  902         (3) OPTIONAL TERMINATION.—Except as provided in subsection
  903  (2) or unless the declaration provides for a lower percentage,
  904  the condominium form of ownership of the property may be
  905  terminated for all or a portion of the condominium property
  906  pursuant to a plan of termination approved by at least 80
  907  percent of the total voting interests of the condominium if no
  908  not more than 10 percent of the total voting interests of the
  909  condominium have rejected the plan of termination by negative
  910  vote or by providing written objections thereto. This subsection
  911  does not apply to condominiums in which 75 percent or more of
  912  the units are timeshare units.
  913         (4) EXEMPTION.—A plan of termination is not an amendment
  914  subject to s. 718.110(4). In a partial termination, a plan of
  915  termination is not an amendment subject to s. 718.110(4) if the
  916  ownership share of the common elements of a surviving unit in
  917  the condominium remains in the same proportion to the surviving
  918  units as it was before the partial termination.
  919         (11) PLAN OF TERMINATION; OPTIONAL PROVISIONS; CONDITIONAL
  920  TERMINATION.—
  921         (a) The plan of termination may provide that each unit
  922  owner retains the exclusive right of possession to the portion
  923  of the real estate which that formerly constituted the unit if,
  924  in which case the plan specifies must specify the conditions of
  925  possession. In a partial termination, the plan of termination as
  926  specified in subsection (10) must also identify the units that
  927  survive the partial termination and provide that such units
  928  remain in the condominium form of ownership pursuant to an
  929  amendment to the declaration of condominium or an amended and
  930  restated declaration. In a partial termination, title to the
  931  surviving units and common elements that remain part of the
  932  condominium property specified in the plan of termination remain
  933  vested in the ownership shown in the public records and do not
  934  vest in the termination trustee.
  935         (b) In a conditional termination, the plan must specify the
  936  conditions for termination. A conditional plan does not vest
  937  title in the termination trustee until the plan and a
  938  certificate executed by the association with the formalities of
  939  a deed, confirming that the conditions in the conditional plan
  940  have been satisfied or waived by the requisite percentage of the
  941  voting interests, have been recorded. In a partial termination,
  942  the plan does not vest title to the surviving units or common
  943  elements that remain part of the condominium property in the
  944  termination trustee.
  945         (12) ALLOCATION OF PROCEEDS OF SALE OF CONDOMINIUM
  946  PROPERTY.—
  947         (a) Unless the declaration expressly provides for the
  948  allocation of the proceeds of sale of condominium property, the
  949  plan of termination must first apportion the proceeds between
  950  the aggregate value of all units and the value of the common
  951  elements, based on their respective fair market values
  952  immediately before the termination, as determined by one or more
  953  independent appraisers selected by the association or
  954  termination trustee. In a partial termination, the aggregate
  955  values of the units and common elements that are being
  956  terminated must be separately determined, and the plan of
  957  termination must specify the allocation of the proceeds of sale
  958  for the units and common elements.
  959         (d) Liens that encumber a unit shall be transferred to the
  960  proceeds of sale of the condominium property and the proceeds of
  961  sale or other distribution of association property, common
  962  surplus, or other association assets attributable to such unit
  963  in their same priority. In a partial termination, liens that
  964  encumber a unit being terminated must be transferred to the
  965  proceeds of sale of that portion of the condominium property
  966  being terminated which are attributable to such unit. The
  967  proceeds of any sale of condominium property pursuant to a plan
  968  of termination may not be deemed to be common surplus or
  969  association property.
  970         (14) TITLE VESTED IN TERMINATION TRUSTEE.—If termination is
  971  pursuant to a plan of termination under subsection (2) or
  972  subsection (3), the unit owners’ rights and title to as tenants
  973  in common in undivided interests in the condominium property
  974  being terminated vests vest in the termination trustee when the
  975  plan is recorded or at a later date specified in the plan. The
  976  unit owners thereafter become the beneficiaries of the proceeds
  977  realized from the plan of termination as set forth in the plan.
  978  The termination trustee may deal with the condominium property
  979  being terminated or any interest therein if the plan confers on
  980  the trustee the authority to protect, conserve, manage, sell, or
  981  dispose of the condominium property. The trustee, on behalf of
  982  the unit owners, may contract for the sale of real property
  983  being terminated, but the contract is not binding on the unit
  984  owners until the plan is approved pursuant to subsection (2) or
  985  subsection (3).
  986         (17) DISTRIBUTION.—
  987         (a) Following termination of the condominium, the
  988  condominium property, association property, common surplus, and
  989  other assets of the association shall be held by the termination
  990  trustee pursuant to the plan of termination, as trustee for unit
  991  owners and holders of liens on the units, in their order of
  992  priority unless otherwise set forth in the plan of termination.
  993         (18) ASSOCIATION STATUS.—The termination of a condominium
  994  does not change the corporate status of the association that
  995  operated the condominium property. The association continues to
  996  exist to conclude its affairs, prosecute and defend actions by
  997  or against it, collect and discharge obligations, dispose of and
  998  convey its property, and collect and divide its assets, but not
  999  to act except as necessary to conclude its affairs. In a partial
 1000  termination, the association may continue as the condominium
 1001  association for the property that remains subject to the
 1002  declaration of condominium.
 1003         (19) CREATION OF ANOTHER CONDOMINIUM.—The termination or
 1004  partial termination of a condominium does not bar the filing of
 1005  a new declaration of condominium or an amended and restated
 1006  declaration of condominium by the termination trustee, or the
 1007  trustee’s successor in interest, for the terminated property or
 1008  affecting any portion thereof of the same property. The partial
 1009  termination of a condominium may provide for the simultaneous
 1010  filing of an amendment to the declaration of condominium or an
 1011  amended and restated declaration of condominium by the
 1012  condominium association for any portion of the property not
 1013  terminated from the condominium form of ownership.
 1014         Section 8. Subsections (3), (4), and (5) of section
 1015  718.303, Florida Statutes, are amended, and subsection (6) is
 1016  added to that section, to read:
 1017         718.303 Obligations of owners and occupants; remedies.—
 1018         (3) If a unit owner is delinquent for more than 90 days in
 1019  paying a monetary obligation due to the association, the
 1020  association may suspend the right of a unit owner or a unit’s
 1021  occupant, licensee, or invitee to use common elements, common
 1022  facilities, or any other association property until the monetary
 1023  obligation is paid. This subsection does not apply to limited
 1024  common elements intended to be used only by that unit, common
 1025  elements that must be used to access the unit, utility services
 1026  provided to the unit, parking spaces, or elevators. The
 1027  association may also levy reasonable fines for the failure of
 1028  the owner of the unit, or its occupant, licensee, or invitee, to
 1029  comply with any provision of the declaration, the association
 1030  bylaws, or reasonable rules of the association. A fine may does
 1031  not become a lien against a unit. A fine may not exceed $100 per
 1032  violation. However, A fine may be levied on the basis of each
 1033  day of a continuing violation, with a single notice and
 1034  opportunity for hearing. However, the fine may not exceed $100
 1035  per violation, or $1,000 in the aggregate exceed $1,000.
 1036         (a)An association may suspend, for a reasonable period of
 1037  time, the right of a unit owner, or a unit owner’s tenant,
 1038  guest, or invitee, to use the common elements, common
 1039  facilities, or any other association property for failure to
 1040  comply with any provision of the declaration, the association
 1041  bylaws, or reasonable rules of the association.
 1042         (b) A fine or suspension may not be imposed levied and a
 1043  suspension may not be imposed unless the association first
 1044  provides at least 14 days’ written notice and an opportunity for
 1045  a hearing to the unit owner and, if applicable, its occupant,
 1046  licensee, or invitee. The hearing must be held before a
 1047  committee of other unit owners who are neither board members nor
 1048  persons residing in a board member’s household. If the committee
 1049  does not agree with the fine or suspension, the fine or
 1050  suspension may not be levied or imposed.
 1051         (4) If a unit owner is more than 90 days delinquent in
 1052  paying a monetary obligation due to the association, the
 1053  association may suspend the right of the unit owner or the
 1054  unit’s occupant, licensee, or invitee to use common elements,
 1055  common facilities, or any other association property until the
 1056  monetary obligation is paid in full. This subsection does not
 1057  apply to limited common elements intended to be used only by
 1058  that unit, common elements needed to access the unit, utility
 1059  services provided to the unit, parking spaces, or elevators. The
 1060  notice and hearing requirements under subsection (3) do not
 1061  apply to suspensions imposed under this subsection.
 1062         (4) The notice and hearing requirements of subsection (3)
 1063  do not apply to the imposition of suspensions or fines against a
 1064  unit owner or a unit’s occupant, licensee, or invitee because of
 1065  failing to pay any amounts due the association. If such a fine
 1066  or suspension is imposed, the association must levy the fine or
 1067  impose a reasonable suspension at a properly noticed board
 1068  meeting, and after the imposition of such fine or suspension,
 1069  the association must notify the unit owner and, if applicable,
 1070  the unit’s occupant, licensee, or invitee by mail or hand
 1071  delivery.
 1072         (5) An association may also suspend the voting rights of a
 1073  member due to nonpayment of any monetary obligation due to the
 1074  association which is more than 90 days delinquent. If a member’s
 1075  voting rights are suspended, that member’s suspension may not
 1076  count for or against a proposed question. The suspension ends
 1077  upon full payment of all obligations currently due or overdue
 1078  the association. The notice and hearing requirements under
 1079  subsection (3) do not apply to a suspension imposed under this
 1080  subsection.
 1081         (6) All suspensions imposed pursuant to subsection (4) or
 1082  subsection (5) must be approved at a properly noticed board
 1083  meeting. Upon approval, the association must notify the unit
 1084  owner and, if applicable, the unit’s occupant, licensee, or
 1085  invitee by mail or hand delivery.
 1086         Section 9. Section 718.703, Florida Statutes, is amended to
 1087  read:
 1088         718.703 Definitions.—As used in this part, the term:
 1089         (1) “Bulk assignee” means a person who is not a bulk buyer
 1090  and who:
 1091         (a) Acquires more than seven condominium parcels in a
 1092  single condominium as set forth in s. 718.707; and
 1093         (b) Receives an assignment of any of the developer rights,
 1094  other than or in addition to those rights described in
 1095  subsection (2), some or all of the rights of the developer as
 1096  set forth in the declaration of condominium or this chapter: by
 1097         1.By a written instrument recorded as part of or as an
 1098  exhibit to the deed; or as
 1099         2.By a separate instrument recorded in the public records
 1100  of the county in which the condominium is located; or
 1101         3. Pursuant to a final judgment or certificate of title
 1102  issued in favor of a purchaser at a foreclosure sale.
 1103  
 1104  A mortgagee or its assignee may not be deemed a bulk assignee or
 1105  a developer by reason of the acquisition of condominium units
 1106  and receipt of an assignment of some or all of a developer
 1107  rights unless the mortgagee or its assignee exercises any of the
 1108  developer rights other than those described in subsection (2).
 1109         (2) “Bulk buyer” means a person who acquires more than
 1110  seven condominium parcels in a single condominium as set forth
 1111  in s. 718.707, but who does not receive an assignment of any
 1112  developer rights, or receives only some or all of the following
 1113  rights: other than
 1114         (a) The right to conduct sales, leasing, and marketing
 1115  activities within the condominium;
 1116         (b) The right to be exempt from the payment of working
 1117  capital contributions to the condominium association arising out
 1118  of, or in connection with, the bulk buyer’s acquisition of the a
 1119  bulk number of units; and
 1120         (c) The right to be exempt from any rights of first refusal
 1121  which may be held by the condominium association and would
 1122  otherwise be applicable to subsequent transfers of title from
 1123  the bulk buyer to a third party purchaser concerning one or more
 1124  units.
 1125         Section 10. Section 718.704, Florida Statutes, is amended
 1126  to read:
 1127         718.704 Assignment and assumption of developer rights by
 1128  bulk assignee; bulk buyer.—
 1129         (1) A bulk assignee is deemed to have assumed assumes and
 1130  is liable for all duties and responsibilities of the developer
 1131  under the declaration and this chapter upon its acquisition of
 1132  title to units and continuously thereafter, except that it is
 1133  not liable for:
 1134         (a) Warranties of the developer under s. 718.203(1) or s.
 1135  718.618, except as expressly provided by the bulk assignee in a
 1136  prospectus or offering circular, or the contract for purchase
 1137  and sale executed with a purchaser, or for design, construction,
 1138  development, or repair work performed by or on behalf of the
 1139  such bulk assignee.;
 1140         (b) The obligation to:
 1141         1. Fund converter reserves under s. 718.618 for a unit that
 1142  was not acquired by the bulk assignee; or
 1143         2. Provide implied converter warranties on any portion of
 1144  the condominium property except as expressly provided by the
 1145  bulk assignee in a prospectus or offering circular, or the
 1146  contract for purchase and sale executed with a purchaser, or for
 1147  and pertaining to any design, construction, development, or
 1148  repair work performed by or on behalf of the bulk assignee.;
 1149         (c) The requirement to provide the association with a
 1150  cumulative audit of the association’s finances from the date of
 1151  formation of the condominium association as required by s.
 1152  718.301(4)(c). However, the bulk assignee must provide an audit
 1153  for the period during which the bulk assignee elects or appoints
 1154  a majority of the members of the board of administration.;
 1155         (d) Any liability arising out of or in connection with
 1156  actions taken by the board of administration or the developer
 1157  appointed directors before the bulk assignee elects or appoints
 1158  a majority of the members of the board of administration.; and
 1159         (e) Any liability for or arising out of the developer’s
 1160  failure to fund previous assessments or to resolve budgetary
 1161  deficits in relation to a developer’s right to guarantee
 1162  assessments, except as otherwise provided in subsection (2).
 1163  
 1164  The bulk assignee is also responsible only for delivering
 1165  documents and materials in accordance with s. 718.705(3). A bulk
 1166  assignee may expressly assume some or all of the developer
 1167  obligations of the developer described in paragraphs (a)-(e).
 1168         (2) A bulk assignee assigned the developer right receiving
 1169  the assignment of the rights of the developer to guarantee the
 1170  level of assessments and fund budgetary deficits pursuant to s.
 1171  718.116 assumes and is liable for all obligations of the
 1172  developer with respect to such guarantee upon its acquisition of
 1173  title to the units and continuously thereafter, including any
 1174  applicable funding of reserves to the extent required by law,
 1175  for as long as the guarantee remains in effect. A bulk assignee
 1176  not receiving such assignment, or a bulk buyer, does not assume
 1177  and is not liable for the obligations of the developer with
 1178  respect to such guarantee, but is responsible for payment of
 1179  assessments due on or after acquisition of the units in the same
 1180  manner as all other owners of condominium parcels or as
 1181  otherwise provided in s. 718.116.
 1182         (3) A bulk buyer is liable for the duties and
 1183  responsibilities of a the developer under the declaration and
 1184  this chapter only to the extent that such provided in this part,
 1185  together with any other duties or responsibilities are of the
 1186  developer expressly assumed in writing by the bulk buyer.
 1187         (4) An acquirer of condominium parcels is not a bulk
 1188  assignee or a bulk buyer if the transfer to such acquirer was
 1189  made:
 1190         (a) Before the effective date of this part;
 1191         (b) With the intent to hinder, delay, or defraud any
 1192  purchaser, unit owner, or the association;, or if the acquirer
 1193  is
 1194         (c) By a person who would be considered an insider under s.
 1195  726.102(7).
 1196         (5) An assignment of developer rights to a bulk assignee
 1197  may be made by a the developer, a previous bulk assignee, a
 1198  mortgagee or assignee who has acquired title to the units and
 1199  received an assignment of rights, or a court acting on behalf of
 1200  the developer or the previous bulk assignee if such developer
 1201  rights are held by the predecessor in title to the bulk
 1202  assignee. At any particular time, there may not be no more than
 1203  one bulk assignee within a condominium; however, but there may
 1204  be more than one bulk buyer. If more than one acquirer of
 1205  condominium parcels in the same condominium receives an
 1206  assignment of developer rights in addition to those rights
 1207  described in s. 718.703(2) from the same person, the bulk
 1208  assignee is the acquirer whose instrument of assignment is
 1209  recorded first in the public records of the county in which the
 1210  condominium is located, and any subsequent purported bulk
 1211  assignee may still qualify as a bulk buyer.
 1212         Section 11. Subsections (1) and (3) of section 718.705,
 1213  Florida Statutes, are amended to read:
 1214         718.705 Board of administration; transfer of control.—
 1215         (1) If at the time the bulk assignee acquires title to the
 1216  units and receives an assignment of developer rights, the
 1217  developer has not relinquished control of the board of
 1218  administration, for purposes of determining the timing for
 1219  transfer of control of the board of administration of the
 1220  association to unit owners other than the developer under s.
 1221  718.301(1)(a) and (b), if a bulk assignee is entitled to elect a
 1222  majority of the members of the board, a condominium parcel
 1223  acquired by the bulk assignee is not deemed to be conveyed to a
 1224  purchaser, or owned by an owner other than the developer, until
 1225  the condominium parcel is conveyed to an owner who is not a bulk
 1226  assignee.
 1227         (3) If a bulk assignee relinquishes control of the board of
 1228  administration as set forth in s. 718.301, the bulk assignee
 1229  must deliver all of those items required by s. 718.301(4).
 1230  However, the bulk assignee is not required to deliver items and
 1231  documents not in the possession of the bulk assignee if some
 1232  items were or should have been in existence before the bulk
 1233  assignee’s acquisition of the units during the period during
 1234  which the bulk assignee was entitled to elect at least a
 1235  majority of the members of the board of administration. In
 1236  conjunction with the acquisition of units condominium parcels, a
 1237  bulk assignee shall undertake a good faith effort to obtain the
 1238  documents and materials that must be provided to the association
 1239  pursuant to s. 718.301(4). If the bulk assignee is not able to
 1240  obtain all of such documents and materials, the bulk assignee
 1241  must certify in writing to the association the names or
 1242  descriptions of the documents and materials that were not
 1243  obtainable by the bulk assignee. Delivery of the certificate
 1244  relieves the bulk assignee of responsibility for delivering the
 1245  documents and materials referenced in the certificate as
 1246  otherwise required under ss. 718.112 and 718.301 and this part.
 1247  The responsibility of the bulk assignee for the audit required
 1248  by s. 718.301(4) commences as of the date on which the bulk
 1249  assignee elected or appointed a majority of the members of the
 1250  board of administration.
 1251         Section 12. Section 718.706, Florida Statutes, is amended
 1252  to read:
 1253         718.706 Specific provisions pertaining to offering of units
 1254  by a bulk assignee or bulk buyer.—
 1255         (1) Before offering more than seven any units in a single
 1256  condominium for sale or for lease for a term exceeding 5 years,
 1257  a bulk assignee or a bulk buyer must file the following
 1258  documents with the division and provide such documents to a
 1259  prospective purchaser or tenant:
 1260         (a) An updated prospectus or offering circular, or a
 1261  supplement to the prospectus or offering circular, filed by the
 1262  original developer prepared in accordance with s. 718.504, which
 1263  must include the form of contract for sale and for lease in
 1264  compliance with s. 718.503(2);
 1265         (b) An updated Frequently Asked Questions and Answers
 1266  sheet;
 1267         (c) The executed escrow agreement if required under s.
 1268  718.202; and
 1269         (d) The financial information required by s. 718.111(13).
 1270  However, if a financial information report did does not exist
 1271  for the fiscal year before the acquisition of title by the bulk
 1272  assignee or bulk buyer, and if or accounting records that cannot
 1273  be obtained in good faith by the bulk assignee or the bulk buyer
 1274  which would permit preparation of the required financial
 1275  information report for that period cannot be obtained despite
 1276  good faith efforts by the bulk assignee or the bulk buyer, the
 1277  bulk assignee or bulk buyer is excused from the requirement of
 1278  this paragraph. However, the bulk assignee or bulk buyer must
 1279  include in the purchase contract the following statement in
 1280  conspicuous type:
 1281  
 1282         ALL OR A PORTION OF THE FINANCIAL INFORMATION REPORT
 1283         REQUIRED UNDER S. 718.111(13) FOR THE TIME PERIOD
 1284         BEFORE THE SELLER’S ACQUISITION OF THE UNIT
 1285         IMMEDIATELY PRECEDING FISCAL YEAR OF THE ASSOCIATION
 1286         IS NOT AVAILABLE OR CANNOT BE OBTAINED DESPITE THE
 1287         GOOD FAITH EFFORTS OF CREATED BY THE SELLER DUE TO THE
 1288         INSUFFICIENT ACCOUNTING RECORDS OF THE ASSOCIATION.
 1289  
 1290         (2) Before offering more than seven any units in a single
 1291  condominium for sale or for lease for a term exceeding 5 years,
 1292  a bulk assignee or a bulk buyer must file with the division and
 1293  provide to a prospective purchaser or tenant under a lease for a
 1294  term exceeding 5 years a disclosure statement that includes, but
 1295  is not limited to:
 1296         (a) A description of any rights of the developer rights
 1297  that developer which have been assigned to the bulk assignee or
 1298  bulk buyer;
 1299         (b) The following statement in conspicuous type:
 1300  
 1301         THE SELLER IS NOT OBLIGATED FOR ANY WARRANTIES OF THE
 1302         DEVELOPER UNDER S. 718.203(1) OR S. 718.618, AS
 1303         APPLICABLE, EXCEPT FOR DESIGN, CONSTRUCTION,
 1304         DEVELOPMENT, OR REPAIR WORK PERFORMED BY OR ON BEHALF
 1305         OF THE SELLER; and
 1306  
 1307         (c) If the condominium is a conversion subject to part VI,
 1308  the following statement in conspicuous type:
 1309  
 1310         THE SELLER HAS NO OBLIGATION TO FUND CONVERTER
 1311         RESERVES OR TO PROVIDE CONVERTER WARRANTIES UNDER S.
 1312         718.618 ON ANY PORTION OF THE CONDOMINIUM PROPERTY
 1313         EXCEPT AS MAY BE EXPRESSLY REQUIRED OF THE SELLER IN
 1314         THE CONTRACT FOR PURCHASE AND SALE EXECUTED BY THE
 1315         SELLER AND THE PREVIOUS DEVELOPER AND PERTAINING TO
 1316         ANY DESIGN, CONSTRUCTION, DEVELOPMENT, OR REPAIR WORK
 1317         PERFORMED BY OR ON BEHALF OF THE SELLER.
 1318  
 1319         (3) A bulk assignee, while it is in control of the board of
 1320  administration of the association, may not authorize, on behalf
 1321  of the association:
 1322         (a) The waiver of reserves or the reduction of funding of
 1323  the reserves pursuant to s. 718.112(2)(f)2., unless approved by
 1324  a majority of the voting interests not controlled by the
 1325  developer, bulk assignee, and bulk buyer; or
 1326         (b) The use of reserve expenditures for other purposes
 1327  pursuant to s. 718.112(2)(f)3., unless approved by a majority of
 1328  the voting interests not controlled by the developer, bulk
 1329  assignee, and bulk buyer.
 1330         (4) A bulk assignee or a bulk buyer must comply with all
 1331  the requirements of s. 718.302 regarding any contracts entered
 1332  into by the association during the period the bulk assignee or
 1333  bulk buyer maintains control of the board of administration.
 1334  Unit owners shall be provided afforded all of the rights and the
 1335  protections contained in s. 718.302 regarding agreements entered
 1336  into by the association which are under the control of before
 1337  unit owners other than the developer, bulk assignee, or bulk
 1338  buyer elected a majority of the board of administration.
 1339         (5) Notwithstanding any other provision of this part, a
 1340  bulk assignee or a bulk buyer is not required to comply with the
 1341  filing or disclosure requirements of subsections (1) and (2) if
 1342  all of the units owned by the bulk assignee or bulk buyer are
 1343  offered and conveyed to a single purchaser in a single
 1344  transaction. A bulk buyer must comply with the requirements
 1345  contained in the declaration regarding any transfer of a unit,
 1346  including sales, leases, and subleases. A bulk buyer is not
 1347  entitled to any exemptions afforded a developer or successor
 1348  developer under this chapter regarding the transfer of a unit,
 1349  including sales, leases, or subleases.
 1350         Section 13. Section 718.707, Florida Statutes, is amended
 1351  to read:
 1352         718.707 Time limitation for classification as bulk assignee
 1353  or bulk buyer.—A person acquiring condominium parcels may not be
 1354  classified as a bulk assignee or bulk buyer unless the
 1355  condominium parcels were acquired on or after July 1, 2010, but
 1356  before July 1, 2012. The date of such acquisition shall be
 1357  determined by the date of recording of a deed or other
 1358  instrument of conveyance for such parcels in the public records
 1359  of the county in which the condominium is located, or by the
 1360  date of issuing issuance of a certificate of title in a
 1361  foreclosure proceeding with respect to such condominium parcels.
 1362         Section 14. Subsections (3), (4), and (10) of section
 1363  719.108, Florida Statutes, is amended to read:
 1364         719.108 Rents and assessments; liability; lien and
 1365  priority; interest; collection; cooperative ownership.—
 1366         (3) Rents and assessments, and installments on them, not
 1367  paid when due bear interest at the rate provided in the
 1368  cooperative documents from the date due until paid. This rate
 1369  may not exceed the rate allowed by law, and, if a rate is not
 1370  provided in the cooperative documents, interest accrues at 18
 1371  percent per annum. If the cooperative documents or bylaws so
 1372  provide, the association may charge an administrative late fee
 1373  in addition to such interest, in an amount not to exceed the
 1374  greater of $25 or 5 percent of each installment of the
 1375  assessment for each delinquent installment that the payment is
 1376  late. The association may also charge for reasonable expenses
 1377  incurred by the association for collection services that are
 1378  reasonably related to the collection of the delinquent account
 1379  rendered by a community association manager or community
 1380  association management firm, as specified in a written agreement
 1381  with such community association manager or firm, and payable to
 1382  the community association manager or firm as a liquidated sum.
 1383  Any payment received by an association must be applied first to
 1384  any interest accrued by the association, then to any
 1385  administrative late fee, then to expenses for collection
 1386  services, then to any costs and reasonable attorney’s fees
 1387  incurred in collection, and then to the delinquent assessment.
 1388  The foregoing applies notwithstanding any restrictive
 1389  endorsement, designation, or instruction placed on or
 1390  accompanying a payment. A late fee is not subject to chapter 687
 1391  or s. 719.303(3).
 1392         (4) The association has a lien on each cooperative parcel
 1393  for any unpaid rents and assessments, plus interest, and any
 1394  authorized administrative late fees. The claim of lien also
 1395  secures reasonable expenses for collection services incurred
 1396  before filing a claim as provided in subsection (3), and any
 1397  reasonable costs for collection services for which the
 1398  association has contracted against the unit owner of the
 1399  cooperative parcel. If authorized by the cooperative documents,
 1400  the lien also secures reasonable attorney’s fees incurred by the
 1401  association incident to the collection of the rents and
 1402  assessments or enforcement of such lien. The lien is effective
 1403  from and after recording a claim of lien in the public records
 1404  in the county in which the cooperative parcel is located which
 1405  states the description of the cooperative parcel, the name of
 1406  the unit owner, the amount due, and the due dates. The lien
 1407  expires if a claim of lien is not filed within 1 year after the
 1408  date the assessment was due, and the lien does not continue for
 1409  longer than 1 year after the claim of lien has been recorded
 1410  unless, within that time, an action to enforce the lien is
 1411  commenced. Except as otherwise provided in this chapter, a lien
 1412  may not be filed by the association against a cooperative parcel
 1413  until 30 days after the date on which a notice of intent to file
 1414  a lien has been delivered to the owner.
 1415         (a) The notice must be sent to the unit owner at the
 1416  address of the unit by first-class United States mail and:
 1417         1. If the most recent address of the unit owner on the
 1418  records of the association is the address of the unit, the
 1419  notice must be sent by registered or certified mail, return
 1420  receipt requested, to the unit owner at the address of the unit.
 1421         2. If the most recent address of the unit owner on the
 1422  records of the association is in the United States, but is not
 1423  the address of the unit, the notice must be sent by registered
 1424  or certified mail, return receipt requested, to the unit owner
 1425  at his or her most recent address.
 1426         3. If the most recent address of the unit owner on the
 1427  records of the association is not in the United States, the
 1428  notice must be sent by first-class United States mail to the
 1429  unit owner at his or her most recent address.
 1430         (b) A notice that is sent pursuant to this subsection is
 1431  deemed delivered upon mailing.
 1432         (10) If the unit is occupied by a tenant and the unit owner
 1433  is delinquent in paying any monetary obligation due to the
 1434  association, the association may make a written demand that the
 1435  tenant pay rent to the association the future monetary
 1436  obligations related to the cooperative share to the association
 1437  and continue to the tenant must make such payments until all
 1438  monetary obligations of the unit owner related to the unit have
 1439  been paid in full to the association payment. The demand is
 1440  continuing in nature, and upon demand, The tenant must pay the
 1441  rent the monetary obligations to the association until the
 1442  association releases the tenant or the tenant discontinues
 1443  tenancy in the unit. The association must mail written notice to
 1444  the unit owner of the association’s demand that the tenant make
 1445  payments to the association. The association shall, upon
 1446  request, provide the tenant with written receipts for payments
 1447  made. A tenant who acts in good faith in response to a written
 1448  demand from an association is immune from any claim by from the
 1449  unit owner related to the rent once the association has made
 1450  written demand. Any payment received from a tenant by the
 1451  association must be applied to the unit owner’s oldest
 1452  delinquent monetary obligation.
 1453         (a) If the tenant paid prepaid rent to the unit owner for a
 1454  given rental period before receiving the demand from the
 1455  association and provides written evidence of prepaying paying
 1456  the rent to the association within 14 days after receiving the
 1457  demand, the tenant shall receive credit for the prepaid rent for
 1458  the applicable period but and must make any subsequent rental
 1459  payments to the association to be credited against the monetary
 1460  obligations of the unit owner to the association.
 1461         (b) The tenant is not liable for increases in the amount of
 1462  the regular monetary obligations due unless the tenant was
 1463  notified in writing of the increase at least 10 days before the
 1464  date on which the rent is due. The liability of the tenant may
 1465  not exceed the amount due from the tenant to the tenant’s
 1466  landlord. The tenant’s landlord shall provide the tenant a
 1467  credit against rents due to the unit owner in the amount of
 1468  moneys paid to the association under this section.
 1469         (c) The association may issue notices under s. 83.56 and
 1470  may sue for eviction under ss. 83.59-83.625 as if the
 1471  association were a landlord under part II of chapter 83 if the
 1472  tenant fails to pay a required payment. However, the association
 1473  is not otherwise considered a landlord under chapter 83 and
 1474  specifically has no obligations duties under s. 83.51.
 1475         (d) The tenant does not, by virtue of payment of monetary
 1476  obligations, have any of the rights of a unit owner to vote in
 1477  any election or to examine the books and records of the
 1478  association.
 1479         (e) A court may supersede the effect of this subsection by
 1480  appointing a receiver.
 1481         Section 15. Subsection (3) of section 719.303, Florida
 1482  Statutes, is amended, and subsections (4), (5), and (6) are
 1483  added to that section, to read:
 1484         719.303 Obligations of owners.—
 1485         (3) If the cooperative documents so provide, The
 1486  association may levy reasonable fines against a unit owner for
 1487  failure of the unit owner or the unit’s occupant, his or her
 1488  licensee, or invitee or the unit’s occupant to comply with any
 1489  provision of the cooperative documents or reasonable rules of
 1490  the association. A fine may not No fine shall become a lien
 1491  against a unit. No fine shall exceed $100 per violation.
 1492  However, A fine may be levied on the basis of each day of a
 1493  continuing violation, with a single notice and opportunity for
 1494  hearing. However, the fine may not exceed $100 per violation, or
 1495  $1,000 provided that no such fine shall in the aggregate exceed
 1496  $1,000.
 1497         (a) An association may suspend, for a reasonable period of
 1498  time, the right of a unit owner, or a unit owner’s tenant,
 1499  guest, or invitee, to use the common elements, common
 1500  facilities, or any other association property for failure to
 1501  comply with any provision of the cooperative documents or
 1502  reasonable rules of the association.
 1503         (b) A No fine or suspension may not be imposed levied
 1504  except after giving reasonable notice and opportunity for a
 1505  hearing to the unit owner and, if applicable, the unit’s his or
 1506  her licensee or invitee. The hearing must shall be held before a
 1507  committee of other unit owners. If the committee does not agree
 1508  with the fine or suspension, it may shall not be imposed levied.
 1509  This subsection does not apply to unoccupied units.
 1510         (4) If a unit owner is more than 90 days delinquent in
 1511  paying a monetary obligation due to the association, the
 1512  association may suspend the right of the unit owner or the
 1513  unit’s occupant, licensee, or invitee to use common elements,
 1514  common facilities, or any other association property until the
 1515  monetary obligation is paid in full. This subsection does not
 1516  apply to limited common elements intended to be used only by
 1517  that unit, common elements needed to access the unit, utility
 1518  services provided to the unit, parking spaces, or elevators. The
 1519  notice and hearing requirements under subsection (3) do not
 1520  apply to suspensions imposed under this subsection.
 1521         (5) An association may suspend the voting rights of a
 1522  member due to nonpayment of any monetary obligation due to the
 1523  association which is more than 90 days delinquent. The
 1524  suspension ends upon full payment of all obligations currently
 1525  due or overdue the association. The notice and hearing
 1526  requirements under subsection (3) do not apply to a suspension
 1527  imposed under this subsection.
 1528         (6) All suspensions imposed pursuant to subsection (4) or
 1529  subsection (5) must be approved at a properly noticed board
 1530  meeting. Upon approval, the association must notify the unit
 1531  owner and, if applicable, the unit’s occupant, licensee, or
 1532  invitee by mail or hand delivery.
 1533         Section 16. Subsection (4) of section 720.301, Florida
 1534  Statutes, is amended to read:
 1535         720.301 Definitions.—As used in this chapter, the term:
 1536         (4) “Declaration of covenants,” or “declaration,” means a
 1537  recorded written instrument or instruments in the nature of
 1538  covenants running with the land which subject subjects the land
 1539  comprising the community to the jurisdiction and control of an
 1540  association or associations in which the owners of the parcels,
 1541  or their association representatives, must be members.
 1542         Section 17. Paragraph (c) of subsection (5) of section
 1543  720.303, Florida Statutes, is amended to read:
 1544         720.303 Association powers and duties; meetings of board;
 1545  official records; budgets; financial reporting; association
 1546  funds; recalls.—
 1547         (5) INSPECTION AND COPYING OF RECORDS.—The official records
 1548  shall be maintained within the state and must be open to
 1549  inspection and available for photocopying by members or their
 1550  authorized agents at reasonable times and places within 10
 1551  business days after receipt of a written request for access.
 1552  This subsection may be complied with by having a copy of the
 1553  official records available for inspection or copying in the
 1554  community. If the association has a photocopy machine available
 1555  where the records are maintained, it must provide parcel owners
 1556  with copies on request during the inspection if the entire
 1557  request is limited to no more than 25 pages.
 1558         (c) The association may adopt reasonable written rules
 1559  governing the frequency, time, location, notice, records to be
 1560  inspected, and manner of inspections, but may not require a
 1561  parcel owner to demonstrate any proper purpose for the
 1562  inspection, state any reason for the inspection, or limit a
 1563  parcel owner’s right to inspect records to less than one 8-hour
 1564  business day per month. The association may impose fees to cover
 1565  the costs of providing copies of the official records,
 1566  including, without limitation, the costs of copying. The
 1567  association may charge up to 50 cents per page for copies made
 1568  on the association’s photocopier. If the association does not
 1569  have a photocopy machine available where the records are kept,
 1570  or if the records requested to be copied exceed 25 pages in
 1571  length, the association may have copies made by an outside
 1572  vendor or association management company personnel and may
 1573  charge the actual cost of copying, including any reasonable
 1574  costs involving personnel fees and charges at an hourly rate for
 1575  vendor or employee time to cover administrative costs to the
 1576  vendor or association. The association shall maintain an
 1577  adequate number of copies of the recorded governing documents,
 1578  to ensure their availability to members and prospective members.
 1579  Notwithstanding this paragraph, the following records are not
 1580  accessible to members or parcel owners:
 1581         1. Any record protected by the lawyer-client privilege as
 1582  described in s. 90.502 and any record protected by the work
 1583  product privilege, including, but not limited to, a any record
 1584  prepared by an association attorney or prepared at the
 1585  attorney’s express direction which reflects a mental impression,
 1586  conclusion, litigation strategy, or legal theory of the attorney
 1587  or the association and which was prepared exclusively for civil
 1588  or criminal litigation or for adversarial administrative
 1589  proceedings or which was prepared in anticipation of such
 1590  imminent civil or criminal litigation or imminent adversarial
 1591  administrative proceedings until the conclusion of the
 1592  litigation or administrative proceedings.
 1593         2. Information obtained by an association in connection
 1594  with the approval of the lease, sale, or other transfer of a
 1595  parcel.
 1596         3. Personnel records of the association’s employees,
 1597  including, but not limited to, disciplinary, payroll, health,
 1598  and insurance records. For purposes of this paragraph, the term
 1599  “personnel records” does not include written employment
 1600  agreements with an association employee or budgetary or
 1601  financial records that indicate the compensation paid to an
 1602  association employee.
 1603         4. Medical records of parcel owners or community residents.
 1604         5. Social security numbers, driver’s license numbers,
 1605  credit card numbers, electronic mailing addresses, telephone
 1606  numbers, facsimile numbers, emergency contact information, any
 1607  addresses for a parcel owner other than as provided for
 1608  association notice requirements, and other personal identifying
 1609  information of any person, excluding the person’s name, parcel
 1610  designation, mailing address, and property address. However, an
 1611  owner may consent in writing to the disclosure of protected
 1612  information described in this subparagraph. The association is
 1613  not liable for the disclosure of information that is protected
 1614  under this subparagraph if the information is included in an
 1615  official record of the association and is voluntarily provided
 1616  by an owner and not requested by the association.
 1617         6. Any electronic security measure that is used by the
 1618  association to safeguard data, including passwords.
 1619         7. The software and operating system used by the
 1620  association which allows the manipulation of data, even if the
 1621  owner owns a copy of the same software used by the association.
 1622  The data is part of the official records of the association.
 1623         Section 18. Subsections (2) and (3) of section 720.305,
 1624  Florida Statutes, are amended and renumbered as subsections (3)
 1625  and (4), respectively, and subsection (5) is added to that
 1626  section, to read:
 1627         720.305 Obligations of members; remedies at law or in
 1628  equity; levy of fines and suspension of use rights.—
 1629         (2) The association If a member is delinquent for more than
 1630  90 days in paying a monetary obligation due the association, an
 1631  association may suspend, until such monetary obligation is paid,
 1632  the rights of a member or a member’s tenants, guests, or
 1633  invitees, or both, to use common areas and facilities and may
 1634  levy reasonable fines of up to $100 per violation, against any
 1635  member or any member’s tenant, guest, or invitee for the failure
 1636  of the owner of the parcel, or its occupant, licensee, or
 1637  invitee, to comply with any provision of the declaration, the
 1638  association bylaws, or reasonable rules of the association. A
 1639  fine may be levied for each day of a continuing violation, with
 1640  a single notice and opportunity for hearing, except that the a
 1641  fine may not exceed $1,000 in the aggregate unless otherwise
 1642  provided in the governing documents. A fine of less than $1,000
 1643  may not become a lien against a parcel. In any action to recover
 1644  a fine, the prevailing party is entitled to collect its
 1645  reasonable attorney’s fees and costs from the nonprevailing
 1646  party as determined by the court.
 1647         (a) An association may suspend, for a reasonable period of
 1648  time, the right of a member, or a member’s tenant, guest, or
 1649  invitee, to use common areas and facilities for the failure of
 1650  the owner of the parcel, or its occupant, licensee, or invitee,
 1651  to comply with any provision of the declaration, the association
 1652  bylaws, or reasonable rules of the association. The provisions
 1653  regarding the suspension-of-use rights do not apply to the
 1654  portion of common areas that must be used to provide access to
 1655  the parcel or utility services provided to the parcel.
 1656         (b)(a) A fine or suspension may not be imposed without at
 1657  least 14 days’ notice to the person sought to be fined or
 1658  suspended and an opportunity for a hearing before a committee of
 1659  at least three members appointed by the board who are not
 1660  officers, directors, or employees of the association, or the
 1661  spouse, parent, child, brother, or sister of an officer,
 1662  director, or employee. If the committee, by majority vote, does
 1663  not approve a proposed fine or suspension, it may not be
 1664  imposed. If the association imposes a fine or suspension, the
 1665  association must provide written notice of such fine or
 1666  suspension by mail or hand delivery to the parcel owner and, if
 1667  applicable, to any tenant, licensee, or invitee of the parcel
 1668  owner.
 1669         (3) If a member is more than 90 days delinquent in paying a
 1670  monetary obligation due to the association, the association may
 1671  suspend the right of the member, or the member’s tenant, guest,
 1672  or invitee, to use common areas and facilities until the
 1673  monetary obligation is paid in full. The subsection does not
 1674  apply to that portion of common areas used to provide access to
 1675  the parcel or to utility services provided to the parcel.
 1676         (b) Suspension does of common-area-use rights do not impair
 1677  the right of an owner or tenant of a parcel to have vehicular
 1678  and pedestrian ingress to and egress from the parcel, including,
 1679  but not limited to, the right to park. The notice and hearing
 1680  requirements under subsection (2) do not apply to a suspension
 1681  imposed under this subsection.
 1682         (4)(3)If the governing documents so provide, An
 1683  association may suspend the voting rights of a member for the
 1684  nonpayment of any monetary obligation that is more than regular
 1685  annual assessments that are delinquent in excess of 90 days
 1686  delinquent. The notice and hearing requirements under subsection
 1687  (2) do not apply to a suspension imposed under this subsection.
 1688  The suspension ends upon full payment of all obligations
 1689  currently due or overdue to the association.
 1690         (5) All suspensions imposed pursuant to subsection (3) or
 1691  subsection (4) must be approved at a properly noticed board
 1692  meeting. Upon approval, the association must notify the parcel
 1693  owner and, if applicable, the parcel’s occupant, licensee, or
 1694  invitee by mail or hand delivery.
 1695         Section 19. Subsection (9) of section 720.306, Florida
 1696  Statutes, is amended to read:
 1697         720.306 Meetings of members; voting and election
 1698  procedures; amendments.—
 1699         (9) ELECTIONS AND BOARD VACANCIES.—Elections of directors
 1700  must be conducted in accordance with the procedures set forth in
 1701  the governing documents of the association.
 1702         (a) All members of the association are eligible to serve on
 1703  the board of directors, and a member may nominate himself or
 1704  herself as a candidate for the board at a meeting where the
 1705  election is to be held or, if the election process allows voting
 1706  by absentee ballot, in advance of the balloting. However:
 1707         1. A person who is delinquent in the payment of any fee,
 1708  fine, or other monetary obligation to the association for more
 1709  than 90 days is not eligible for board membership.
 1710         2. A person who has been convicted of any felony in this
 1711  state or in a United States District or Terrritorial Court, or
 1712  has been convicted of any offense in another jurisdiction which
 1713  would be considered a felony if committed in this state, is not
 1714  eligible for board membership unless such felon’s civil rights
 1715  have been restored for at least 5 years as of the date on which
 1716  such person seeks election to the board. The validity of any
 1717  action by the board is not affected if it is later determined
 1718  that a member of the board is ineligible for board membership
 1719  due to having been convicted of a felony.
 1720         (b) Except as otherwise provided in the governing
 1721  documents, boards of directors must be elected by a plurality of
 1722  the votes cast by eligible voters.
 1723         (c) Any election dispute between a member and an
 1724  association must be submitted to mandatory binding arbitration
 1725  with the division. Such proceedings must be conducted in the
 1726  manner provided by s. 718.1255 and the procedural rules adopted
 1727  by the division.
 1728         (d) Unless otherwise provided in the bylaws, any vacancy
 1729  occurring on the board before the expiration of a term may be
 1730  filled by an affirmative vote of the majority of the remaining
 1731  directors, even if the remaining directors constitute less than
 1732  a quorum, or by the sole remaining director. In the alternative,
 1733  a board may hold an election to fill the vacancy, in which case
 1734  the election procedures must conform to the requirements of the
 1735  governing documents.
 1736         (e) Unless otherwise provided in the bylaws, a board member
 1737  appointed or elected under this section is appointed for the
 1738  unexpired term of the seat being filled.
 1739         (f) Filling vacancies created by recall is governed by s.
 1740  720.303(10) and rules adopted by the division.
 1741         Section 20. Paragraph (a) of subsection (1) and subsections
 1742  (3) and (8) of section 720.3085, Florida Statutes, are amended
 1743  to read:
 1744         720.3085 Payment for assessments; lien claims.—
 1745         (1) When authorized by the governing documents, the
 1746  association has a lien on each parcel to secure the payment of
 1747  assessments and other amounts provided for by this section.
 1748  Except as otherwise set forth in this section, the lien is
 1749  effective from and shall relate back to the date on which the
 1750  original declaration of the community was recorded. However, as
 1751  to first mortgages of record, the lien is effective from and
 1752  after recording of a claim of lien in the public records of the
 1753  county in which the parcel is located. This subsection does not
 1754  bestow upon any lien, mortgage, or certified judgment of record
 1755  on July 1, 2008, including the lien for unpaid assessments
 1756  created in this section, a priority that, by law, the lien,
 1757  mortgage, or judgment did not have before July 1, 2008.
 1758         (a) To be valid, a claim of lien must state the description
 1759  of the parcel, the name of the record owner, the name and
 1760  address of the association, the assessment amount due, and the
 1761  due date. The claim of lien secures shall secure all unpaid
 1762  assessments that are due and that may accrue subsequent to the
 1763  recording of the claim of lien and before entry of a certificate
 1764  of title, as well as interest, late charges, and reasonable
 1765  costs and attorney’s fees incurred by the association incident
 1766  to the collection process. The claim of lien also secures
 1767  reasonable expenses for collection services incurred before
 1768  filing a claim as provided in subsection (3). The person making
 1769  the payment is entitled to a satisfaction of the lien upon
 1770  payment in full.
 1771         (3) Assessments and installments on assessments that are
 1772  not paid when due bear interest from the due date until paid at
 1773  the rate provided in the declaration of covenants or the bylaws
 1774  of the association, which rate may not exceed the rate allowed
 1775  by law. If no rate is provided in the declaration or bylaws,
 1776  interest accrues at the rate of 18 percent per year.
 1777         (a) If the declaration or bylaws so provide, the
 1778  association may also charge an administrative late fee in an
 1779  amount not to exceed the greater of $25 or 5 percent of the
 1780  amount of each installment that is paid past the due date.
 1781         (b) The association may also charge for reasonable expenses
 1782  incurred by the association for collection services that are
 1783  reasonably related to the collection of the delinquent account
 1784  rendered by a community association manager or community
 1785  association management firm, as specified in a written agreement
 1786  with such community association manager or firm, and payable to
 1787  the community association manager or firm as a liquidated sum.
 1788         (c)(b) Any payment received by an association and accepted
 1789  shall be applied first to any interest accrued, then to any
 1790  administrative late fee, then to expenses for collection
 1791  services as provided under paragraph (b), then to any costs and
 1792  reasonable attorney’s fees incurred in collection, and then to
 1793  the delinquent assessment. This paragraph applies
 1794  notwithstanding any restrictive endorsement, designation, or
 1795  instruction placed on or accompanying a payment. A late fee is
 1796  not subject to the provisions of chapter 687 and is not a fine.
 1797         (8) If the parcel is occupied by a tenant and the parcel
 1798  owner is delinquent in paying any monetary obligation due to the
 1799  association, the association may demand that the tenant pay rent
 1800  to the association and continue to make such payments until all
 1801  the monetary obligations of the parcel owner related to the
 1802  parcel have been paid in full and the future monetary
 1803  obligations related to the parcel. The demand is continuing in
 1804  nature, and upon demand, the tenant must continue to pay the
 1805  monetary obligations until the association releases the tenant
 1806  or until the tenant discontinues tenancy in the parcel. A tenant
 1807  who acts in good faith in response to a written demand from an
 1808  association is immune from any claim by from the parcel owner
 1809  related to the rent once the association has made written
 1810  demand. Any payment received from a tenant by the association
 1811  must be applied to the parcel owner’s oldest delinquent monetary
 1812  obligation.
 1813         (a) If the tenant paid prepaid rent to the parcel owner for
 1814  a given rental period before receiving the demand from the
 1815  association and provides written evidence of prepaying paying
 1816  the rent to the association within 14 days after receiving the
 1817  demand, the tenant shall receive credit for the prepaid rent for
 1818  the applicable period but and must make any subsequent rental
 1819  payments to the association to be credited against the monetary
 1820  obligations of the parcel owner to the association. The
 1821  association shall, upon request, provide the tenant with written
 1822  receipts for payments made. The association shall mail written
 1823  notice to the parcel owner of the association’s demand that the
 1824  tenant pay monetary obligations to the association.
 1825         (b) The tenant is not liable for increases in the amount of
 1826  the monetary obligations due unless the tenant was notified in
 1827  writing of the increase at least 10 days before the date on
 1828  which the rent is due. The liability of the tenant may not
 1829  exceed the amount due from the tenant to the tenant’s landlord.
 1830  The tenant shall be given a credit against rents due to the
 1831  parcel owner in the amount of assessments paid to the
 1832  association.
 1833         (c) The association may issue notices under s. 83.56 and
 1834  may sue for eviction under ss. 83.59-83.625 as if the
 1835  association were a landlord under part II of chapter 83 if the
 1836  tenant fails to pay a monetary obligation. However, the
 1837  association is not otherwise considered a landlord under chapter
 1838  83 and specifically has no obligations duties under s. 83.51.
 1839         (d) The tenant does not, by virtue of payment of monetary
 1840  obligations, have any of the rights of a parcel owner to vote in
 1841  any election or to examine the books and records of the
 1842  association.
 1843         (e) A court may supersede the effect of this subsection by
 1844  appointing a receiver.
 1845         Section 21. Section 720.309, Florida Statutes, is amended
 1846  to read:
 1847         720.309 Agreements entered into by the association.—
 1848         (1) Any grant or reservation made by any document, and any
 1849  contract that has with a term greater than in excess of 10
 1850  years, that is made by an association before control of the
 1851  association is turned over to the members other than the
 1852  developer, and that provides which provide for the operation,
 1853  maintenance, or management of the association or common areas,
 1854  must be fair and reasonable.
 1855         (2) If the governing documents provide for the cost of
 1856  communication services as defined in s. 202.11, information
 1857  services or Internet services obtained pursuant to a bulk
 1858  contract shall be deemed an operating expense of the
 1859  association. If the governing documents do not provide for such
 1860  services, the board may contract for the services, and the cost
 1861  shall be deemed an operating expense of the association but must
 1862  be allocated on a per-parcel basis rather than a percentage
 1863  basis, notwithstanding that the governing documents provide for
 1864  other than an equal sharing of operating expenses. Any contract
 1865  entered into before July 1, 2011, in which the cost of the
 1866  service is not equally divided among all parcel owners may be
 1867  changed by a majority of the voting interests present at a
 1868  regular or special meeting of the association in order to
 1869  allocate the cost equally among all parcels.
 1870         (a) Any contract entered into may be canceled by a majority
 1871  of the voting interests present at the next regular or special
 1872  meeting of the association, whichever occurs first. Any member
 1873  may make a motion to cancel such contract, but if no motion is
 1874  made or if such motion fails to obtain the required vote, the
 1875  contract shall be deemed ratified for the term expressed
 1876  therein.
 1877         (b) Any contract entered into must provide, and shall be
 1878  deemed to provide if not expressly set forth therein, that a
 1879  hearing-impaired or legally blind parcel owner who does not
 1880  occupy the parcel along with a nonhearing-impaired or sighted
 1881  person, or a parcel owner who receives supplemental security
 1882  income under Title XVI of the Social Security Act or food stamps
 1883  as administered by the Department of Children and Family
 1884  Services pursuant to s. 414.31, may discontinue the service
 1885  without incurring disconnect fees, penalties, or subsequent
 1886  service charges, and may not be required to pay any operating
 1887  expenses charge related to such service for those parcels. If
 1888  fewer than all parcel owners share the expenses of the
 1889  communication services, information services, or Internet
 1890  services, the expense must be shared by all participating parcel
 1891  owners. The association may use the provisions of s. 720.3085 to
 1892  enforce payment by the parcel owners receiving such services.
 1893         (c) A resident of any parcel, whether a tenant or parcel
 1894  owner, may not be denied access to available franchised,
 1895  licensed, or certificated cable or video service providers if
 1896  the resident pays the provider directly for services. A resident
 1897  or a cable or video service provider may not be required to pay
 1898  anything of value in order to obtain or provide such service
 1899  except for the charges normally paid for like services by
 1900  residents of single-family homes located outside the community
 1901  but within the same franchised, licensed, or certificated area,
 1902  and except for installation charges agreed to between the
 1903  resident and the service provider.
 1904         Section 22. This act shall take effect July 1, 2011.