Florida Senate - 2012                              CS for SB 680
       
       
       
       By the Committee on Regulated Industries; and Senator Bogdanoff
       
       
       
       
       580-02436-12                                           2012680c1
    1                        A bill to be entitled                      
    2         An act relating to residential properties; amending s.
    3         399.02, F.S.; exempting certain elevators from
    4         specific code update requirements; amending s.
    5         468.433, F.S.; prohibiting the Department of Business
    6         and Professional Regulation from publishing a
    7         community association manager’s personal home address
    8         unless it is for the purpose of satisfying a public
    9         records request; amending s. 718.112, F.S.; revising
   10         the terms of membership for board members of a
   11         condominium unit owner association; revising
   12         condominium unit owner meeting notice requirements;
   13         providing that certain election requirements do not
   14         apply to an association governing a timeshare
   15         condominium; revising recordkeeping requirements of a
   16         condominium association board; requiring challenges to
   17         an election to commence within a certain time period;
   18         providing requirements for challenging the failure of
   19         a board to duly notice and hold the required board
   20         meeting or to file the required petition for a recall;
   21         providing requirements for recalled board members to
   22         challenge the recall; providing duties of the Division
   23         of Florida Condominiums, Timeshares, and Mobile Homes
   24         regarding recall petitions; amending s. 718.113, F.S.;
   25         providing requirements for a condominium association
   26         board relating to the installation of hurricane
   27         shutters, impact glass, code-compliant windows or
   28         doors, and other types of code-compliant hurricane
   29         protection under certain circumstances; amending s.
   30         718.115, F.S.; conforming provisions to changes made
   31         by the act; amending s. 718.116, F.S.; revising
   32         liability of certain condominium unit owners acquiring
   33         title; amending s. 718.303, F.S.; revising provisions
   34         relating to imposing remedies against a noncompliant
   35         or delinquent condominium unit owner or member;
   36         revising voting requirements under certain conditions;
   37         amending s. 718.403, F.S.; providing requirements for
   38         the completion of phase condominiums; creating s.
   39         718.406, F.S.; providing definitions; providing
   40         requirements for condominiums created within
   41         condominium parcels; providing for the establishment
   42         of primary condominium and secondary condominium
   43         units; providing requirements for association
   44         declarations; providing requirements for creating a
   45         secondary condominium on a primary condominium parcel;
   46         providing that an owner of a secondary unit is subject
   47         to both the primary condominium declaration and the
   48         secondary condominium declaration; authorizing a
   49         primary condominium association to provide insurance
   50         and adopt hurricane shutter or hurricane protection
   51         specifications under certain conditions; authorizing a
   52         unit owner or holder of a first mortgage on a
   53         secondary unit to register the unit owner’s or
   54         mortgagee’s interest in the secondary unit with the
   55         primary condominium association by delivery of written
   56         notice; providing other requirements for the written
   57         notice; providing requirements relating to
   58         assessments; providing for resolution of conflicts
   59         between primary condominium declarations and secondary
   60         condominium declarations; providing requirements
   61         relating to common expenses due the primary
   62         condominium association; amending s. 718.5011, F.S.;
   63         revising the restriction on officers and full-time
   64         employees of the ombudsman from engaging in other
   65         businesses or professions; amending s. 718.707, F.S.;
   66         revising the time limitation for classification as a
   67         bulk assignee or bulk buyer; amending s. 719.104,
   68         F.S.; specifying additional records that are not
   69         accessible to unit owners; amending s. 719.1055, F.S.;
   70         revising provisions relating to the amendment of
   71         cooperative documents; providing legislative findings
   72         and a finding of compelling state interest; providing
   73         criteria for consent or joinder to an amendment;
   74         requiring notice regarding proposed amendments to
   75         mortgagees; providing criteria for notification;
   76         providing for voiding certain amendments; amending s.
   77         719.106, F.S.; requiring challenges to an election to
   78         commence within a certain time period; specifying
   79         certification or educational requirements for a newly
   80         elected or appointed cooperative board director;
   81         providing requirements for challenging the failure of
   82         a board to duly notice and hold the required board
   83         meeting or to file the required petition for a recall;
   84         providing requirements for recalled board members to
   85         challenge the recall; providing duties of the division
   86         regarding recall petitions; amending s. 719.108, F.S.;
   87         revising provisions governing assessments and liens;
   88         revising liability of unit owners; providing
   89         requirements for persons acquiring title; amending s.
   90         719.303, F.S.; revising provisions relating to
   91         imposing remedies against a noncompliant or delinquent
   92         cooperative unit owner or member; revising voting
   93         requirements under certain conditions; amending s.
   94         720.303, F.S.; revising the types of records that are
   95         not accessible to homeowners’ association members and
   96         parcel owners; providing requirements for challenging
   97         the failure of a board to duly notice and hold the
   98         required board meeting or to file the required
   99         petition for a recall; providing requirements for
  100         recalled board members to challenge the recall;
  101         providing duties of the division regarding recall
  102         petitions; amending s. 720.305, F.S.; revising
  103         provisions relating to imposing remedies against a
  104         noncompliant or delinquent homeowners’ association
  105         member and parcel owner; revising voting requirements
  106         under certain conditions; amending s. 720.306, F.S.;
  107         revising provisions relating to the amendment of
  108         homeowners’ association declarations; providing
  109         legislative findings and a finding of compelling state
  110         interest; providing criteria for consent or joinder to
  111         an amendment; requiring notice to mortgagees regarding
  112         proposed amendments; providing criteria for
  113         notification; providing for voiding certain
  114         amendments; requiring challenges to an election to
  115         commence within a certain time period; specifying
  116         certification or educational requirements for a newly
  117         elected or appointed homeowners’ association board
  118         director; amending s. 720.3085, F.S.; revising
  119         liability of certain parcel owners acquiring title;
  120         providing an effective date.
  121  
  122  Be It Enacted by the Legislature of the State of Florida:
  123  
  124         Section 1. Subsection (9) of section 399.02, Florida
  125  Statutes, is amended to read:
  126         399.02 General requirements.—
  127         (9) Updates to the Safety Code for Existing Elevators and
  128  Escalators, ASME A17.1 and A17.3, which require Phase II
  129  Firefighters’ Service on elevators may not be enforced until
  130  July 1, 2015, or until the elevator is replaced or requires
  131  major modification, whichever occurs first, on elevators in
  132  condominiums or multifamily residential buildings, including
  133  those that are part of a continuing care facility licensed under
  134  chapter 651, or similar retirement community with apartments,
  135  having a certificate of occupancy by the local building
  136  authority that was issued before July 1, 2008. This exception
  137  does not prevent an elevator owner from requesting a variance
  138  from the applicable codes before or after July 1, 2015. This
  139  subsection does not prohibit the division from granting
  140  variances pursuant to s. 120.542 and subsection (8). The
  141  division shall adopt rules to administer this subsection.
  142         Section 2. Subsection (5) is added to section 468.433,
  143  Florida Statutes, to read:
  144         468.433 Licensure by examination.—
  145         (5) The department may not publish a licensee’s personal
  146  home address unless it is for the purpose of satisfying a public
  147  records request.
  148         Section 3. Paragraphs (d) and (j) of subsection (2) of
  149  section 718.112, Florida Statutes, are amended to read:
  150         718.112 Bylaws.—
  151         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  152  following and, if they do not do so, shall be deemed to include
  153  the following:
  154         (d) Unit owner meetings.—
  155         1. An annual meeting of the unit owners shall be held at
  156  the location provided in the association bylaws and, if the
  157  bylaws are silent as to the location, the meeting shall be held
  158  within 45 miles of the condominium property. However, such
  159  distance requirement does not apply to an association governing
  160  a timeshare condominium.
  161         2. Unless the bylaws provide otherwise, a vacancy on the
  162  board caused by the expiration of a director’s term shall be
  163  filled by electing a new board member, and the election must be
  164  by secret ballot. An election is not required if the number of
  165  vacancies equals or exceeds the number of candidates. For
  166  purposes of this paragraph, the term “candidate” means an
  167  eligible person who has timely submitted the written notice, as
  168  described in sub-subparagraph 4.a., of his or her intention to
  169  become a candidate. Except in a timeshare condominium, or if the
  170  staggered term of a board member does not expire until a later
  171  annual meeting, or if all members’ terms would otherwise expire
  172  but there are no candidates, the terms of all board members
  173  expire at the annual meeting, and such members may stand for
  174  reelection unless prohibited by the bylaws. If the bylaws or the
  175  articles of incorporation permit staggered terms of no more than
  176  2 years and upon approval of a majority of the total voting
  177  interests, the association board members may serve 2-year
  178  staggered terms. If the number of board members whose terms
  179  expire at the annual meeting equals or exceeds the number of
  180  candidates, the candidates become members of the board effective
  181  upon the adjournment of the annual meeting. Unless the bylaws
  182  provide otherwise, any remaining vacancies shall be filled by
  183  the affirmative vote of the majority of the directors making up
  184  the newly constituted board even if the directors constitute
  185  less than a quorum or there is only one director. In a
  186  condominium association of more than 10 units or in a
  187  condominium association that does not include timeshare units or
  188  timeshare interests, coowners of a unit may not serve as members
  189  of the board of directors at the same time unless they own more
  190  than one unit or unless there are not enough eligible candidates
  191  to fill the vacancies on the board at the time of the vacancy.
  192  Any unit owner desiring to be a candidate for board membership
  193  must comply with sub-subparagraph 4.a. and must be eligible to
  194  serve on the board of directors at the time of the deadline for
  195  submitting a notice of intent to run in order to have his or her
  196  name listed as a proper candidate on the ballot or to serve on
  197  the board. A person who has been suspended or removed by the
  198  division under this chapter, or who is delinquent in the payment
  199  of any fee, fine, or special or regular assessment as provided
  200  in paragraph (n), is not eligible for board membership. A person
  201  who has been convicted of any felony in this state or in a
  202  United States District or Territorial Court, or who has been
  203  convicted of any offense in another jurisdiction which would be
  204  considered a felony if committed in this state, is not eligible
  205  for board membership unless such felon’s civil rights have been
  206  restored for at least 5 years as of the date such person seeks
  207  election to the board. The validity of an action by the board is
  208  not affected if it is later determined that a board member is
  209  ineligible for board membership due to having been convicted of
  210  a felony.
  211         3. The bylaws must provide the method of calling meetings
  212  of unit owners, including annual meetings. Written notice must
  213  include an agenda, must be mailed, hand delivered, or
  214  electronically transmitted to each unit owner at least 14 days
  215  before the annual meeting, and must be posted in a conspicuous
  216  place on the condominium property at least 14 continuous days
  217  before the annual meeting. Upon notice to the unit owners, the
  218  board shall, by duly adopted rule, designate a specific location
  219  on the condominium property or association property where all
  220  notices of unit owner meetings shall be posted. This requirement
  221  does not apply if there is no condominium property or
  222  association property for posting notices. In lieu of, or in
  223  addition to, the physical posting of meeting notices, the
  224  association may, by reasonable rule, adopt a procedure for
  225  conspicuously posting and repeatedly broadcasting the notice and
  226  the agenda on a closed-circuit cable television system serving
  227  the condominium association. However, if broadcast notice is
  228  used in lieu of a notice posted physically on the condominium
  229  property, the notice and agenda must be broadcast at least four
  230  times every broadcast hour of each day that a posted notice is
  231  otherwise required under this section. If broadcast notice is
  232  provided, the notice and agenda must be broadcast in a manner
  233  and for a sufficient continuous length of time so as to allow an
  234  average reader to observe the notice and read and comprehend the
  235  entire content of the notice and the agenda. Unless a unit owner
  236  waives in writing the right to receive notice of the annual
  237  meeting, such notice must be hand delivered, mailed, or
  238  electronically transmitted to each unit owner. Notice for
  239  meetings and notice for all other purposes must be mailed to
  240  each unit owner at the address last furnished to the association
  241  by the unit owner, or hand delivered to each unit owner.
  242  However, if a unit is owned by more than one person, the
  243  association must provide notice to the address that the
  244  developer identifies for that purpose and thereafter as one or
  245  more of the owners of the unit advise the association in
  246  writing, or if no address is given or the owners of the unit do
  247  not agree, to the address provided on the deed of record. An
  248  officer of the association, or the manager or other person
  249  providing notice of the association meeting, must provide an
  250  affidavit or United States Postal Service certificate of
  251  mailing, to be included in the official records of the
  252  association affirming that the notice was mailed or hand
  253  delivered in accordance with this provision.
  254         4. The members of the board shall be elected by written
  255  ballot or voting machine. Proxies may not be used in electing
  256  the board in general elections or elections to fill vacancies
  257  caused by recall, resignation, or otherwise, unless otherwise
  258  provided in this chapter. This subparagraph does not apply to an
  259  association governing a timeshare condominium.
  260         a. At least 60 days before a scheduled election, the
  261  association shall mail, deliver, or electronically transmit, by
  262  separate association mailing or included in another association
  263  mailing, delivery, or transmission, including regularly
  264  published newsletters, to each unit owner entitled to a vote, a
  265  first notice of the date of the election. Any unit owner or
  266  other eligible person desiring to be a candidate for the board
  267  must give written notice of his or her intent to be a candidate
  268  to the association at least 40 days before a scheduled election.
  269  Together with the written notice and agenda as set forth in
  270  subparagraph 3., the association shall mail, deliver, or
  271  electronically transmit a second notice of the election to all
  272  unit owners entitled to vote, together with a ballot that lists
  273  all candidates. Upon request of a candidate, an information
  274  sheet, no larger than 8 1/2 inches by 11 inches, which must be
  275  furnished by the candidate at least 35 days before the election,
  276  must be included with the mailing, delivery, or transmission of
  277  the ballot, with the costs of mailing, delivery, or electronic
  278  transmission and copying to be borne by the association. The
  279  association is not liable for the contents of the information
  280  sheets prepared by the candidates. In order to reduce costs, the
  281  association may print or duplicate the information sheets on
  282  both sides of the paper. The division shall by rule establish
  283  voting procedures consistent with this sub-subparagraph,
  284  including rules establishing procedures for giving notice by
  285  electronic transmission and rules providing for the secrecy of
  286  ballots. Elections shall be decided by a plurality of ballots
  287  cast. There is no quorum requirement; however, at least 20
  288  percent of the eligible voters must cast a ballot in order to
  289  have a valid election. A unit owner may not permit any other
  290  person to vote his or her ballot, and any ballots improperly
  291  cast are invalid. A unit owner who violates this provision may
  292  be fined by the association in accordance with s. 718.303. A
  293  unit owner who needs assistance in casting the ballot for the
  294  reasons stated in s. 101.051 may obtain such assistance. The
  295  regular election must occur on the date of the annual meeting.
  296  Notwithstanding this sub-subparagraph, an election is not
  297  required unless more candidates file notices of intent to run or
  298  are nominated than board vacancies exist.
  299         b. Within 90 days after being elected or appointed to the
  300  board, each newly elected or appointed director shall certify in
  301  writing to the secretary of the association that he or she has
  302  read the association’s declaration of condominium, articles of
  303  incorporation, bylaws, and current written policies; that he or
  304  she will work to uphold such documents and policies to the best
  305  of his or her ability; and that he or she will faithfully
  306  discharge his or her fiduciary responsibility to the
  307  association’s members. In lieu of this written certification,
  308  within 90 days after being elected or appointed to the board,
  309  the newly elected or appointed director may submit a certificate
  310  of having satisfactorily completed the educational curriculum
  311  administered by a division-approved condominium education
  312  provider within 1 year before or 90 days after the date of
  313  election or appointment. The written certification or
  314  educational certificate is valid and does not have to be
  315  resubmitted as long as the director serves on the board without
  316  interruption. A director who fails to timely file the written
  317  certification or educational certificate is suspended from
  318  service on the board until he or she complies with this sub
  319  subparagraph. The board may temporarily fill the vacancy during
  320  the period of suspension. The secretary shall cause the
  321  association to retain a director’s written certification or
  322  educational certificate for inspection by the members for 5
  323  years after a director’s election or the duration of the
  324  director’s uninterrupted tenure, whichever is longer. Failure to
  325  have such written certification or educational certificate on
  326  file does not affect the validity of any board action.
  327         c. Any challenge to the election process must be commenced
  328  within 60 days after the election results are announced.
  329         5. Any approval by unit owners called for by this chapter
  330  or the applicable declaration or bylaws, including, but not
  331  limited to, the approval requirement in s. 718.111(8), must be
  332  made at a duly noticed meeting of unit owners and is subject to
  333  all requirements of this chapter or the applicable condominium
  334  documents relating to unit owner decisionmaking, except that
  335  unit owners may take action by written agreement, without
  336  meetings, on matters for which action by written agreement
  337  without meetings is expressly allowed by the applicable bylaws
  338  or declaration or any law that provides for such action.
  339         6. Unit owners may waive notice of specific meetings if
  340  allowed by the applicable bylaws or declaration or any law. If
  341  authorized by the bylaws, notice of meetings of the board of
  342  administration, unit owner meetings, except unit owner meetings
  343  called to recall board members under paragraph (j), and
  344  committee meetings may be given by electronic transmission to
  345  unit owners who consent to receive notice by electronic
  346  transmission.
  347         7. Unit owners have the right to participate in meetings of
  348  unit owners with reference to all designated agenda items.
  349  However, the association may adopt reasonable rules governing
  350  the frequency, duration, and manner of unit owner participation.
  351         8. A unit owner may tape record or videotape a meeting of
  352  the unit owners subject to reasonable rules adopted by the
  353  division.
  354         9. Unless otherwise provided in the bylaws, any vacancy
  355  occurring on the board before the expiration of a term may be
  356  filled by the affirmative vote of the majority of the remaining
  357  directors, even if the remaining directors constitute less than
  358  a quorum, or by the sole remaining director. In the alternative,
  359  a board may hold an election to fill the vacancy, in which case
  360  the election procedures must conform to sub-subparagraph 4.a.
  361  unless the association governs 10 units or fewer and has opted
  362  out of the statutory election process, in which case the bylaws
  363  of the association control. Unless otherwise provided in the
  364  bylaws, a board member appointed or elected under this section
  365  shall fill the vacancy for the unexpired term of the seat being
  366  filled. Filling vacancies created by recall is governed by
  367  paragraph (j) and rules adopted by the division.
  368         10. This chapter does not limit the use of general or
  369  limited proxies, require the use of general or limited proxies,
  370  or require the use of a written ballot or voting machine for any
  371  agenda item or election at any meeting of a timeshare
  372  condominium association.
  373  
  374  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
  375  association of 10 or fewer units may, by affirmative vote of a
  376  majority of the total voting interests, provide for different
  377  voting and election procedures in its bylaws, which may be by a
  378  proxy specifically delineating the different voting and election
  379  procedures. The different voting and election procedures may
  380  provide for elections to be conducted by limited or general
  381  proxy.
  382         (j) Recall of board members.—Subject to the provisions of
  383  s. 718.301, any member of the board of administration may be
  384  recalled and removed from office with or without cause by the
  385  vote or agreement in writing by a majority of all the voting
  386  interests. A special meeting of the unit owners to recall a
  387  member or members of the board of administration may be called
  388  by 10 percent of the voting interests giving notice of the
  389  meeting as required for a meeting of unit owners, and the notice
  390  shall state the purpose of the meeting. Electronic transmission
  391  may not be used as a method of giving notice of a meeting called
  392  in whole or in part for this purpose.
  393         1. If the recall is approved by a majority of all voting
  394  interests by a vote at a meeting, the recall will be effective
  395  as provided in this paragraph herein. The board shall duly
  396  notice and hold a board meeting within 5 full business days
  397  after of the adjournment of the unit owner meeting to recall one
  398  or more board members. At the meeting, the board shall either
  399  certify the recall, in which case such member or members shall
  400  be recalled effective immediately and shall turn over to the
  401  board within 5 full business days any and all records and
  402  property of the association in their possession, or shall
  403  proceed as set forth in subparagraph 3.
  404         2. If the proposed recall is by an agreement in writing by
  405  a majority of all voting interests, the agreement in writing or
  406  a copy thereof shall be served on the association by certified
  407  mail or by personal service in the manner authorized by chapter
  408  48 and the Florida Rules of Civil Procedure. The board of
  409  administration shall duly notice and hold a meeting of the board
  410  within 5 full business days after receipt of the agreement in
  411  writing. At the meeting, the board shall either certify the
  412  written agreement to recall a member or members of the board, in
  413  which case such member or members shall be recalled effective
  414  immediately and shall turn over to the board within 5 full
  415  business days any and all records and property of the
  416  association in their possession, or proceed as described in
  417  subparagraph 3.
  418         3. If the board determines not to certify the written
  419  agreement to recall a member or members of the board, or does
  420  not certify the recall by a vote at a meeting, the board shall,
  421  within 5 full business days after the meeting, file with the
  422  division a petition for arbitration pursuant to the procedures
  423  in s. 718.1255. For the purposes of this section, the unit
  424  owners who voted at the meeting or who executed the agreement in
  425  writing shall constitute one party under the petition for
  426  arbitration. If the arbitrator certifies the recall as to any
  427  member or members of the board, the recall will be effective
  428  upon mailing of the final order of arbitration to the
  429  association. If the association fails to comply with the order
  430  of the arbitrator, the division may take action pursuant to s.
  431  718.501. Any member or members so recalled shall deliver to the
  432  board any and all records of the association in their possession
  433  within 5 full business days after of the effective date of the
  434  recall.
  435         4. If the board fails to duly notice and hold a board
  436  meeting within 5 full business days after of service of an
  437  agreement in writing or within 5 full business days after of the
  438  adjournment of the unit owner recall meeting, the recall shall
  439  be deemed effective and the board members so recalled shall
  440  immediately turn over to the board any and all records and
  441  property of the association.
  442         5. If the board fails to duly notice and hold the required
  443  meeting or fails to file the required petition, the unit owner
  444  representative may file a petition pursuant to s. 718.1255
  445  challenging the board’s failure to act. The petition must be
  446  filed within 60 days after the expiration of the applicable 5
  447  full-business-day period. The review of a petition under this
  448  subparagraph is limited to the sufficiency of service on the
  449  board and the facial validity of the written agreement or
  450  ballots filed.
  451         6.5. If a vacancy occurs on the board as a result of a
  452  recall or removal and less than a majority of the board members
  453  are removed, the vacancy may be filled by the affirmative vote
  454  of a majority of the remaining directors, notwithstanding any
  455  provision to the contrary contained in this subsection. If
  456  vacancies occur on the board as a result of a recall and a
  457  majority or more of the board members are removed, the vacancies
  458  shall be filled in accordance with procedural rules to be
  459  adopted by the division, which rules need not be consistent with
  460  this subsection. The rules must provide procedures governing the
  461  conduct of the recall election as well as the operation of the
  462  association during the period after a recall but prior to the
  463  recall election.
  464         7. A board member who has been recalled may file a petition
  465  pursuant to s. 718.1255 challenging the validity of a recall.
  466  The petition must be filed within 60 days after the recall is
  467  deemed certified. The association and the unit owner
  468  representative shall be named as the respondents.
  469         8. The division may not accept for filing a recall
  470  petition, whether filed pursuant to subparagraph 1.,
  471  subparagraph 2., subparagraph 5., or subparagraph 7. and
  472  regardless of whether the recall was certified, if there are 60
  473  days or less until the scheduled reelection of the board member
  474  sought to be recalled or if 60 days or less have elapsed since
  475  the election of the board member sought to be recalled.
  476         Section 4. Subsection (5) of section 718.113, Florida
  477  Statutes, is amended to read:
  478         718.113 Maintenance; limitation upon improvement; display
  479  of flag; hurricane shutters and protection; display of religious
  480  decorations.—
  481         (5) Each board of administration shall adopt hurricane
  482  shutter specifications for each building within each condominium
  483  operated by the association which shall include color, style,
  484  and other factors deemed relevant by the board. All
  485  specifications adopted by the board must comply with the
  486  applicable building code.
  487         (a) The board may, subject to the provisions of s.
  488  718.3026, and the approval of a majority of voting interests of
  489  the condominium, install hurricane shutters, impact glass, or
  490  other code-compliant windows or doors, or other types of code
  491  compliant hurricane protection that comply complies with or
  492  exceed exceeds the applicable building code. However, a vote of
  493  the owners is not required if the maintenance, repair, and
  494  replacement of hurricane shutters, impact glass, or other code
  495  compliant windows or doors, or other types of code-compliant
  496  hurricane protection are the responsibility of the association
  497  pursuant to the declaration of condominium. If hurricane
  498  protection or laminated glass or window film architecturally
  499  designed to function as hurricane protection that which complies
  500  with or exceeds the current applicable building code has been
  501  previously installed, the board may not install hurricane
  502  shutters, hurricane protection, or impact glass, or other code
  503  compliant windows or doors, or other types of code-compliant
  504  hurricane protection except upon approval by a majority vote of
  505  the voting interests.
  506         (b) The association is responsible for the maintenance,
  507  repair, and replacement of the hurricane shutters, impact glass,
  508  code-compliant windows or doors, or other types of code
  509  compliant hurricane protection authorized by this subsection if
  510  such property hurricane shutters or other hurricane protection
  511  is the responsibility of the association pursuant to the
  512  declaration of condominium. If the hurricane shutters, impact
  513  glass, code-compliant windows or doors, or other types of code
  514  compliant hurricane protection authorized by this subsection are
  515  the responsibility of the unit owners pursuant to the
  516  declaration of condominium, the maintenance, repair, and
  517  replacement of such items are the responsibility of the unit
  518  owner.
  519         (c) The board may operate shutters, impact glass, code
  520  compliant windows or doors, or other types of code-compliant
  521  hurricane protection installed pursuant to this subsection
  522  without permission of the unit owners only if such operation is
  523  necessary to preserve and protect the condominium property and
  524  association property. The installation, replacement, operation,
  525  repair, and maintenance of such shutters, impact glass, code
  526  compliant windows or doors, or other types of code-compliant
  527  hurricane protection in accordance with the procedures set forth
  528  in this paragraph are not a material alteration to the common
  529  elements or association property within the meaning of this
  530  section.
  531         (d) Notwithstanding any other provision in the condominium
  532  documents, if approval is required by the documents, a board may
  533  not refuse to approve the installation or replacement of
  534  hurricane shutters, impact glass, code-compliant windows or
  535  doors, or other types of code-compliant hurricane protection by
  536  a unit owner conforming to the specifications adopted by the
  537  board.
  538         Section 5. Paragraph (e) of subsection (1) of section
  539  718.115, Florida Statutes, is amended to read:
  540         718.115 Common expenses and common surplus.—
  541         (1)
  542         (e) The expense of installation, replacement, operation,
  543  repair, and maintenance of hurricane shutters, impact glass,
  544  code-compliant windows or doors, or other types of code
  545  compliant hurricane protection by the board pursuant to s.
  546  718.113(5) constitutes shall constitute a common expense as
  547  defined herein and shall be collected as provided in this
  548  section if the association is responsible for the maintenance,
  549  repair, and replacement of the hurricane shutters, impact glass,
  550  code-compliant windows or doors, or other types of code
  551  compliant hurricane protection pursuant to the declaration of
  552  condominium. However, if the maintenance, repair, and
  553  replacement of the hurricane shutters, impact glass, code
  554  compliant windows or doors, or other types of code-compliant
  555  hurricane protection are is the responsibility of the unit
  556  owners pursuant to the declaration of condominium, the cost of
  557  the installation of the hurricane shutters, impact glass, code
  558  compliant windows or doors, or other types of code-compliant
  559  hurricane protection is shall not be a common expense and, but
  560  shall be charged individually to the unit owners based on the
  561  cost of installation of the hurricane shutters, impact glass,
  562  code-compliant windows or doors, or other types of code
  563  compliant hurricane protection appurtenant to the unit.
  564  Notwithstanding the provisions of s. 718.116(9), and regardless
  565  of whether or not the declaration requires the association or
  566  unit owners to maintain, repair, or replace hurricane shutters,
  567  impact glass, code-compliant windows or doors, or other types of
  568  code-compliant hurricane protection, a unit owner who has
  569  previously installed hurricane shutters in accordance with s.
  570  718.113(5) which comply with the current applicable building
  571  code shall receive a credit when the shutters are installed; a
  572  unit owner who has previously installed impact glass or code
  573  compliant windows or doors that comply with the current
  574  applicable building code shall receive a credit when the impact
  575  glass or code-compliant windows or doors are installed; and a
  576  unit owner who has installed, other types of code-compliant
  577  hurricane protection that comply with the current applicable
  578  building code shall receive a credit when the same type of other
  579  code-compliant hurricane protection is installed, and the or
  580  laminated glass architecturally designed to function as
  581  hurricane protection, which hurricane shutters or other
  582  hurricane protection or laminated glass comply with the current
  583  applicable building code, shall receive a credit shall be equal
  584  to the pro rata portion of the assessed installation cost
  585  assigned to each unit. However, such unit owner remains shall
  586  remain responsible for the pro rata share of expenses for
  587  hurricane shutters, impact glass, code-compliant windows or
  588  doors, or other types of code-compliant hurricane protection
  589  installed on common elements and association property by the
  590  board pursuant to s. 718.113(5), and remains shall remain
  591  responsible for a pro rata share of the expense of the
  592  replacement, operation, repair, and maintenance of such
  593  shutters, impact glass, code-compliant windows or doors, or
  594  other types of code-compliant hurricane protection.
  595         Section 6. Paragraphs (a) and (b) of subsection (1) of
  596  section 718.116, Florida Statutes, are amended to read:
  597         718.116 Assessments; liability; lien and priority;
  598  interest; collection.—
  599         (1)(a) A unit owner, regardless of how the unit owner has
  600  acquired his or her title has been acquired, including, but not
  601  limited to, by purchase at a foreclosure sale or by deed in lieu
  602  of foreclosure, is liable for all assessments that which come
  603  due while he or she is the unit owner. Additionally, a unit
  604  owner is jointly and severally liable with the previous owner
  605  for all unpaid assessments, late fees, interest, costs, and
  606  reasonable attorney fees incurred by the association in an
  607  attempt to collect all such amounts is jointly and severally
  608  liable with the previous owner for all unpaid assessments that
  609  came due up to the time of transfer of title. This liability is
  610  without prejudice to any right the owner may have to recover
  611  from the previous owner the amounts paid by the owner.
  612         (b)1. The liability of a first mortgagee or its successor
  613  or assignees who acquire title to a unit by foreclosure or by
  614  deed in lieu of foreclosure for the unpaid assessments that
  615  became due before the mortgagee’s acquisition of title is
  616  limited to the lesser of:
  617         a. The unit’s unpaid common expenses and regular periodic
  618  assessments which accrued or came due during the 12 months
  619  immediately preceding the acquisition of title and for which
  620  payment in full has not been received by the association; or
  621         b. One percent of the original mortgage debt.
  622  
  623  The limitations on first mortgagee liability provided by
  624  provisions of this subparagraph paragraph apply only if the
  625  first mortgagee joined the association as a defendant in the
  626  foreclosure action. Joinder of the association is not required
  627  if, on the date the complaint is filed, the association was
  628  dissolved or did not maintain an office or agent for service of
  629  process at a location that which was known to or reasonably
  630  discoverable by the mortgagee.
  631         2. An association, or its successor or assignee, that
  632  acquires title to a unit through the foreclosure of its lien for
  633  assessments is not liable for any unpaid assessments, late fees,
  634  interest, or reasonable attorney attorney’s fees and costs that
  635  came due before the association’s acquisition of title in favor
  636  of any other association, as defined in s. 718.103(2) or s.
  637  720.301(9), which holds a superior lien interest on the unit.
  638  This subparagraph is intended to clarify existing law.
  639         Section 7. Paragraph (a) of subsection (3) and subsection
  640  (5) of section 718.303, Florida Statutes, are amended to read:
  641         718.303 Obligations of owners and occupants; remedies.—
  642         (3) The association may levy reasonable fines for the
  643  failure of the owner of the unit or its occupant, licensee, or
  644  invitee to comply with any provision of the declaration, the
  645  association bylaws, or reasonable rules of the association. A
  646  fine may not become a lien against a unit. A fine may be levied
  647  on the basis of each day of a continuing violation, with a
  648  single notice and opportunity for hearing. However, the fine may
  649  not exceed $100 per violation, or $1,000 in the aggregate.
  650         (a) An association may suspend, for a reasonable period of
  651  time, the right of a unit owner, or a unit owner’s tenant,
  652  guest, or invitee, to use the common elements, common
  653  facilities, or any other association property for failure to
  654  comply with any provision of the declaration, the association
  655  bylaws, or reasonable rules of the association. This paragraph
  656  does not apply to limited common elements intended to be used
  657  only by that unit, common elements needed to access the unit,
  658  utility services provided to the unit, parking spaces, or
  659  elevators.
  660         (5) An association may suspend the voting rights of a unit
  661  or member due to nonpayment of any monetary obligation due to
  662  the association which is more than 90 days delinquent.
  663  Notwithstanding an association’s declaration, articles of
  664  incorporation, or bylaws, the requirements to establish a
  665  quorum, conduct an election, or obtain membership approval on
  666  actions under this chapter or pursuant to the declaration,
  667  articles of incorporation, or bylaws shall be reduced by the
  668  number of suspended voting interests or consent rights. A voting
  669  interest or consent right allocated to a unit or member which
  670  has been suspended by the association may not be counted towards
  671  the total number of voting interests necessary to constitute a
  672  quorum, the number of voting interests required to conduct an
  673  election, or the number of voting interests required to approve
  674  an action under this chapter or pursuant to the declaration,
  675  articles of incorporation, or bylaws. The suspension ends upon
  676  full payment of all obligations currently due or overdue the
  677  association. The notice and hearing requirements under
  678  subsection (3) do not apply to a suspension imposed under this
  679  subsection.
  680         Section 8. Subsection (1) of section 718.403, Florida
  681  Statutes, is amended to read:
  682         718.403 Phase condominiums.—
  683         (1) Notwithstanding the provisions of s. 718.110, a
  684  developer may develop a condominium in phases, if the original
  685  declaration of condominium submitting the initial phase to
  686  condominium ownership or an amendment to the declaration which
  687  has been approved by all of the unit owners and unit mortgagees
  688  provides for and describes in detail all anticipated phases; the
  689  impact, if any, which the completion of subsequent phases would
  690  have upon the initial phase; and the time period (which may not
  691  exceed 7 years from the date of recording the declaration of
  692  condominium, unless extended as provided in this subsection)
  693  within which all phases must be added to the condominium and
  694  comply with the requirements of this section and at the end of
  695  which the right to add additional phases expires.
  696         (a) All phases must be added to the condominium within 7
  697  years after the date of recording the original declaration of
  698  condominium submitting the initial phase to condominium
  699  ownership unless an amendment extending the 7-year period is
  700  approved by the unit owners.
  701         (b) An amendment to extend the 7-year period requires the
  702  approval of the owners necessary to amend the declaration of
  703  condominium consistent with s. 718.110(1)(a). An extension of
  704  the 7-year period may be submitted for approval only during the
  705  last 3 years of the 7-year period.
  706         (c) An amendment must describe the time period within which
  707  all phases must be added to the condominium and such time period
  708  may not exceed 10 years after the date of recording the original
  709  declaration of condominium submitting the initial phase to
  710  condominium ownership.
  711         (d) Notwithstanding s. 718.110, an amendment extending the
  712  7-year period is not an amendment subject to s. 718.110(4).
  713         Section 9. Section 718.406, Florida Statutes, is created to
  714  read:
  715         718.406 Condominiums created within condominium parcels.—
  716         (1) Unless otherwise expressed in the declaration of
  717  condominium, if a condominium is created within a condominium
  718  parcel, the term:
  719         (a) “Primary condominium” means any condominium that is not
  720  a secondary condominium and contains one or more subdivided
  721  parcels.
  722         (b) “Primary condominium association” means any entity that
  723  operates a primary condominium.
  724         (c) “Primary condominium declaration” means the instrument
  725  or instruments by which a primary condominium is created, as
  726  they are from time to time amended.
  727         (d) “Secondary condominium” means one or more condominium
  728  parcels that have been submitted to condominium ownership
  729  pursuant to a secondary condominium declaration.
  730         (e) “Secondary condominium association” means any entity
  731  responsible for the operation of a secondary condominium.
  732         (f) “Secondary condominium declaration” means the
  733  instrument or instruments by which a secondary condominium is
  734  created, as they are from time to time amended.
  735         (g) “Secondary unit” means a unit that is part of a
  736  secondary condominium.
  737         (h) “Subdivided parcel” means a condominium parcel in a
  738  primary condominium that has been submitted to condominium
  739  ownership pursuant to a secondary condominium declaration.
  740         (2) Unless otherwise provided in the primary condominium
  741  declaration, if a condominium parcel is a subdivided parcel, the
  742  secondary condominium association responsible for operating the
  743  secondary condominium upon the subdivided parcel shall act on
  744  behalf of all of the unit owners of secondary units in the
  745  secondary condominium and shall exercise all rights of the
  746  secondary unit owners in the primary condominium association,
  747  other than the right of possession of the secondary unit. The
  748  secondary condominium association shall designate a
  749  representative who shall cast the vote of the subdivided parcel
  750  in the primary condominium association and, if no person is
  751  designated by the secondary condominium association to cast such
  752  vote, the vote shall be cast by the president of the secondary
  753  condominium association or the designee of the president.
  754         (3) Unless otherwise provided in the primary condominium
  755  declaration as originally recorded, no secondary condominium may
  756  be created upon any condominium parcel in the primary
  757  condominium, and no amendment to the primary condominium
  758  declaration may permit secondary condominiums to be created upon
  759  parcels in the primary condominium, unless the record owners of
  760  a majority of the condominium parcels join in the execution of
  761  the amendment.
  762         (4) If the primary condominium declaration permits the
  763  creation of a secondary condominium and a condominium parcel in
  764  the primary condominium is being submitted for condominium
  765  ownership to create a secondary condominium upon the primary
  766  condominium parcel, the approval of the board of administration
  767  of the primary condominium association is required in order to
  768  create the secondary condominium on the primary condominium
  769  parcel. Unless otherwise provided in the primary condominium
  770  declaration, the owners of condominium parcels in the primary
  771  condominium that will not be part of the proposed secondary
  772  condominium and the holders of liens upon such primary
  773  condominium parcels shall not have approval rights regarding the
  774  creation of the secondary condominium or the contents of the
  775  secondary condominium declaration being submitted. Only the
  776  primary condominium association, the owner of the subdivided
  777  parcel, and the holders of liens upon the subdivided parcel
  778  shall have approval rights regarding the creation of the
  779  secondary condominium and the contents of the secondary
  780  condominium declaration. In order for the recording of the
  781  secondary condominium declaration to be effective to create the
  782  secondary condominium, the board of administration of the
  783  primary condominium association, the owner of the subdivided
  784  parcel, and all holders of liens on the subdivided parcel must
  785  execute the secondary condominium declaration for the purpose of
  786  evidencing their approval.
  787         (5) An owner of a secondary unit is subject to both the
  788  primary condominium declaration and the secondary condominium
  789  declaration.
  790         (6) The primary condominium association may provide
  791  insurance required by s. 718.111(11) for common elements and
  792  other improvements within the secondary condominium if the
  793  primary condominium declaration permits the primary condominium
  794  association to provide such insurance for the benefit of the
  795  condominium property included in the subdivided parcel, in lieu
  796  of such insurance being provided by the secondary condominium
  797  association.
  798         (7) Unless otherwise provided in the primary condominium
  799  declaration, the board of administration of the primary
  800  condominium association may adopt hurricane shutter or hurricane
  801  protection specifications for each building within which
  802  subdivided parcels are located and govern any subdivided parcels
  803  in the primary condominium.
  804         (8) Any unit owner of, or holder of a first mortgage on, a
  805  secondary unit may register such unit owner’s or mortgagee’s
  806  interest in the secondary unit with the primary condominium
  807  association by delivering written notice to the primary
  808  condominium association. Once registered, the primary
  809  condominium association must provide written notice to such
  810  secondary unit owner and his, her, or its first mortgagee at
  811  least 30 days before instituting any foreclosure action against
  812  the subdivided parcel in which the secondary unit owner and his,
  813  her, or its first mortgagee hold an interest for failure of the
  814  subdivided parcel owner to pay any assessments or other amounts
  815  due to the primary condominium association. A foreclosure action
  816  against a subdivided parcel is not effective without an
  817  affidavit indicating that written notice of the foreclosure was
  818  timely sent to the names and addresses of secondary unit owners
  819  and first mortgagees registered with the primary condominium
  820  association pursuant to this subsection. The registered
  821  secondary unit owner or mortgagee has a right to pay the
  822  proportionate amount of the delinquent assessment attributable
  823  to the secondary unit in which the registered unit owner or
  824  mortgagee holds an interest. Upon such payment, the primary
  825  condominium association shall be obligated to promptly modify or
  826  partially release the record of lien on the primary condominium
  827  association so that the lien no longer encumbers such secondary
  828  unit. Alternatively, a registered secondary unit owner or
  829  mortgagee may pay the amount of all delinquent assessments
  830  attributed to the subdivided parcel and seek reimbursement for
  831  all such amounts paid and all costs incurred from the secondary
  832  condominium association, including, without limitation, the
  833  costs of collection other than the share allocable to the
  834  secondary unit on behalf of which such payment was made.
  835         (9) In the event of a conflict between the primary
  836  condominium declaration and the secondary condominium
  837  declaration, the primary condominium declaration controls.
  838         (10) All common expenses due to the primary condominium
  839  association with respect to a subdivided parcel are a common
  840  expense of the secondary condominium association and shall be
  841  collected by the secondary condominium association from its
  842  members and paid to the primary condominium association.
  843         Section 10. Subsection (2) of section 718.5011, Florida
  844  Statutes, is amended to read:
  845         718.5011 Ombudsman; appointment; administration.—
  846         (2) The Governor shall appoint the ombudsman. The ombudsman
  847  must be an attorney admitted to practice before the Florida
  848  Supreme Court and shall serve at the pleasure of the Governor. A
  849  vacancy in the office shall be filled in the same manner as the
  850  original appointment. An officer or full-time employee of the
  851  ombudsman’s office may not actively engage in any other business
  852  or profession that directly or indirectly relates to or
  853  conflicts with his or her work in the ombudsman’s office; serve
  854  as the representative of any political party, executive
  855  committee, or other governing body of a political party; serve
  856  as an executive, officer, or employee of a political party;
  857  receive remuneration for activities on behalf of any candidate
  858  for public office; or engage in soliciting votes or other
  859  activities on behalf of a candidate for public office. The
  860  ombudsman or any employee of his or her office may not become a
  861  candidate for election to public office unless he or she first
  862  resigns from his or her office or employment.
  863         Section 11. Section 718.707, Florida Statutes, is amended
  864  to read:
  865         718.707 Time limitation for classification as bulk assignee
  866  or bulk buyer.—A person acquiring condominium parcels may not be
  867  classified as a bulk assignee or bulk buyer unless the
  868  condominium parcels were acquired on or after July 1, 2010, but
  869  before July 1, 2015 2012. The date of such acquisition shall be
  870  determined by the date of recording a deed or other instrument
  871  of conveyance for such parcels in the public records of the
  872  county in which the condominium is located, or by the date of
  873  issuing a certificate of title in a foreclosure proceeding with
  874  respect to such condominium parcels.
  875         Section 12. Paragraph (c) of subsection (2) of section
  876  719.104, Florida Statutes, is amended to read:
  877         719.104 Cooperatives; access to units; records; financial
  878  reports; assessments; purchase of leases.—
  879         (2) OFFICIAL RECORDS.—
  880         (c) The official records of the association shall be open
  881  to inspection by any association member or the authorized
  882  representative of such member at all reasonable times. Failure
  883  to permit inspection of the association records as provided in
  884  this subsection herein entitles any person prevailing in an
  885  enforcement action to recover reasonable attorney attorney’s
  886  fees from the person in control of the records who, directly or
  887  indirectly, knowingly denies access to the records for
  888  inspection. The right to inspect the records includes the right
  889  to make or obtain copies, at the reasonable expense, if any, of
  890  the association member. The association may adopt reasonable
  891  rules regarding the frequency, time, location, notice, and
  892  manner of record inspections and copying. The failure of an
  893  association to provide the records within 10 working days after
  894  receipt of a written request creates a rebuttable presumption
  895  that the association willfully failed to comply with this
  896  paragraph. A unit owner who is denied access to official records
  897  is entitled to the actual damages or minimum damages for the
  898  association’s willful failure to comply with this paragraph. The
  899  minimum damages shall be $50 per calendar day up to 10 days, the
  900  calculation to begin on the 11th day after receipt of the
  901  written request. The association shall maintain an adequate
  902  number of copies of the declaration, articles of incorporation,
  903  bylaws, and rules, and all amendments to each of the foregoing,
  904  as well as the question and answer sheet provided for in s.
  905  719.504, on the cooperative property to ensure their
  906  availability to unit owners and prospective purchasers, and may
  907  charge its actual costs for preparing and furnishing these
  908  documents to those requesting the same. Notwithstanding the
  909  provisions of this paragraph, the following records shall not be
  910  accessible to unit owners:
  911         1. Any record protected by the lawyer-client privilege as
  912  provided in s. 90.502; protected by the work-product privilege,
  913  including any record A record that was prepared by an
  914  association attorney or prepared at the attorney’s express
  915  direction; reflecting that reflects a mental impression,
  916  conclusion, litigation strategy, or legal theory of the attorney
  917  or the association; or that was prepared exclusively for civil
  918  or criminal litigation or for adversarial administrative
  919  proceedings or in anticipation of imminent civil or criminal
  920  litigation or imminent adversarial administrative proceedings,
  921  until the conclusion of the litigation or adversarial
  922  administrative proceedings.
  923         2. Information obtained by an association in connection
  924  with the approval of the lease, sale, or other transfer of a
  925  unit.
  926         3. Medical records of unit owners.
  927         4. Personnel records of association employees, including,
  928  but not limited to, disciplinary, payroll, health, and insurance
  929  records. For purposes of this subparagraph, the term “personnel
  930  records” does not include written employment agreements with an
  931  association employee or budgetary or financial records that
  932  indicate the compensation paid to an association employee.
  933         5. Social security numbers, driver license numbers, credit
  934  card numbers, e-mail addresses, telephone numbers, emergency
  935  contact information, any addresses of a unit owner other than
  936  addresses provided to fulfill the association’s notice
  937  requirements, and other personal identifying information of any
  938  person, excluding the person’s name, unit designation, mailing
  939  address, and property address.
  940         6. Any electronic security measures that are used by the
  941  association to safeguard data, including passwords.
  942         7. The software and operating system used by the
  943  association which allows manipulation of data, even if the owner
  944  owns a copy of the same software used by the association. The
  945  data is part of the official records of the association.
  946         Section 13. Subsection (7) is added to section 719.1055,
  947  Florida Statutes, to read:
  948         719.1055 Amendment of cooperative documents; alteration and
  949  acquisition of property.—
  950         (7) The Legislature finds that the procurement of mortgagee
  951  consent to amendments that do not affect the rights or interests
  952  of mortgagees is an unreasonable and substantial logistical and
  953  financial burden on the unit owners and that there is a
  954  compelling state interest in enabling the members of an
  955  association to approve amendments to the association’s
  956  cooperative documents through legal means. Accordingly, and
  957  notwithstanding any provision to the contrary contained in this
  958  subsection:
  959         (a) As to any mortgage recorded on or after July 1, 2012,
  960  any provision in the association’s cooperative documents that
  961  requires the consent or joinder of some or all mortgagees of
  962  units or any other portion of the association’s common areas to
  963  amend the association’s cooperative documents or for any other
  964  matter is enforceable only as to amendments to the association’s
  965  cooperative documents that adversely affect the priority of the
  966  mortgagee’s lien or the mortgagee’s rights to foreclose its lien
  967  or that otherwise materially affect the rights and interests of
  968  the mortgagees.
  969         (b) As to mortgages recorded before July 1, 2012, any
  970  existing provisions in the association’s cooperative documents
  971  requiring mortgagee consent are enforceable.
  972         (c) In securing consent or joinder, the association is
  973  entitled to rely upon the public records to identify the holders
  974  of outstanding mortgages. The association may use the address
  975  provided in the original recorded mortgage document, unless
  976  there is a different address for the holder of the mortgage in a
  977  recorded assignment or modification of the mortgage, which
  978  recorded assignment or modification must reference the official
  979  records book and page on which the original mortgage was
  980  recorded. Once the association has identified the recorded
  981  mortgages of record, the association shall, in writing, request
  982  of each unit owner whose unit is encumbered by a mortgage of
  983  record any information the owner has in his or her possession
  984  regarding the name and address of the person to whom mortgage
  985  payments are currently being made. Notice shall be sent to such
  986  person if the address provided in the original recorded mortgage
  987  document is different from the name and address of the mortgagee
  988  or assignee of the mortgage as shown by the public record. The
  989  association is deemed to have complied with this requirement by
  990  making the written request of the unit owners required under
  991  this paragraph. Any notices required to be sent to the
  992  mortgagees under this paragraph shall be sent to all available
  993  addresses provided to the association.
  994         (d) Any notice to the mortgagees required under paragraph
  995  (c) may be sent by a method that establishes proof of delivery,
  996  and any mortgagee who fails to respond within 60 days after the
  997  date of mailing is deemed to have consented to the amendment.
  998         (e) For those amendments requiring mortgagee consent on or
  999  after July 1, 2012, in the event mortgagee consent is provided
 1000  other than by properly recorded joinder, such consent shall be
 1001  evidenced by affidavit of the association recorded in the public
 1002  records of the county in which the declaration is recorded.
 1003         (f) Any amendment adopted without the required consent of a
 1004  mortgagee is voidable only by a mortgagee who was entitled to
 1005  notice and an opportunity to consent. An action to void an
 1006  amendment is subject to the statute of limitations beginning 5
 1007  years after the date of discovery as to the amendments described
 1008  in paragraph (a) and 5 years after the date of recordation of
 1009  the certificate of amendment for all other amendments. This
 1010  paragraph applies to all mortgages, regardless of the date of
 1011  recordation of the mortgage.
 1012         Section 14. Paragraphs (c), (d), and (f) of subsection (1)
 1013  of section 719.106, Florida Statutes, are amended to read:
 1014         719.106 Bylaws; cooperative ownership.—
 1015         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 1016  documents shall provide for the following, and if they do not,
 1017  they shall be deemed to include the following:
 1018         (c) Board of administration meetings.—Meetings of the board
 1019  of administration at which a quorum of the members is present
 1020  shall be open to all unit owners. Any unit owner may tape record
 1021  or videotape meetings of the board of administration. The right
 1022  to attend such meetings includes the right to speak at such
 1023  meetings with reference to all designated agenda items. The
 1024  division shall adopt reasonable rules governing the tape
 1025  recording and videotaping of the meeting. The association may
 1026  adopt reasonable written rules governing the frequency,
 1027  duration, and manner of unit owner statements. Adequate notice
 1028  of all meetings shall be posted in a conspicuous place upon the
 1029  cooperative property at least 48 continuous hours preceding the
 1030  meeting, except in an emergency. Any item not included on the
 1031  notice may be taken up on an emergency basis by at least a
 1032  majority plus one of the members of the board. Such emergency
 1033  action shall be noticed and ratified at the next regular meeting
 1034  of the board. However, written notice of any meeting at which
 1035  nonemergency special assessments, or at which amendment to rules
 1036  regarding unit use, will be considered shall be mailed,
 1037  delivered, or electronically transmitted to the unit owners and
 1038  posted conspicuously on the cooperative property not less than
 1039  14 days prior to the meeting. Evidence of compliance with this
 1040  14-day notice shall be made by an affidavit executed by the
 1041  person providing the notice and filed among the official records
 1042  of the association. Upon notice to the unit owners, the board
 1043  shall by duly adopted rule designate a specific location on the
 1044  cooperative property upon which all notices of board meetings
 1045  shall be posted. In lieu of or in addition to the physical
 1046  posting of notice of any meeting of the board of administration
 1047  on the cooperative property, the association may, by reasonable
 1048  rule, adopt a procedure for conspicuously posting and repeatedly
 1049  broadcasting the notice and the agenda on a closed-circuit cable
 1050  television system serving the cooperative association. However,
 1051  if broadcast notice is used in lieu of a notice posted
 1052  physically on the cooperative property, the notice and agenda
 1053  must be broadcast at least four times every broadcast hour of
 1054  each day that a posted notice is otherwise required under this
 1055  section. When broadcast notice is provided, the notice and
 1056  agenda must be broadcast in a manner and for a sufficient
 1057  continuous length of time so as to allow an average reader to
 1058  observe the notice and read and comprehend the entire content of
 1059  the notice and the agenda. Notice of any meeting in which
 1060  regular assessments against unit owners are to be considered for
 1061  any reason shall specifically contain a statement that
 1062  assessments will be considered and the nature of any such
 1063  assessments. Meetings of a committee to take final action on
 1064  behalf of the board or to make recommendations to the board
 1065  regarding the association budget are subject to the provisions
 1066  of this paragraph. Meetings of a committee that does not take
 1067  final action on behalf of the board or make recommendations to
 1068  the board regarding the association budget are subject to the
 1069  provisions of this section, unless those meetings are exempted
 1070  from this section by the bylaws of the association.
 1071  Notwithstanding any other law to the contrary, the requirement
 1072  that board meetings and committee meetings be open to the unit
 1073  owners does not apply is inapplicable to board or committee
 1074  meetings held for the purpose of discussing personnel matters or
 1075  meetings between the board or a committee and the association’s
 1076  attorney, with respect to proposed or pending litigation, if
 1077  when the meeting is held for the purpose of seeking or rendering
 1078  legal advice.
 1079         (d) Shareholder meetings.—There shall be an annual meeting
 1080  of the shareholders. All members of the board of administration
 1081  shall be elected at the annual meeting unless the bylaws provide
 1082  for staggered election terms or for their election at another
 1083  meeting. Any unit owner desiring to be a candidate for board
 1084  membership must comply with subparagraph 1. The bylaws must
 1085  provide the method for calling meetings, including annual
 1086  meetings. Written notice, which must incorporate an
 1087  identification of agenda items, shall be given to each unit
 1088  owner at least 14 days before the annual meeting and posted in a
 1089  conspicuous place on the cooperative property at least 14
 1090  continuous days preceding the annual meeting. Upon notice to the
 1091  unit owners, the board must by duly adopted rule designate a
 1092  specific location on the cooperative property upon which all
 1093  notice of unit owner meetings are posted. In lieu of or in
 1094  addition to the physical posting of the meeting notice, the
 1095  association may, by reasonable rule, adopt a procedure for
 1096  conspicuously posting and repeatedly broadcasting the notice and
 1097  the agenda on a closed-circuit cable television system serving
 1098  the cooperative association. However, if broadcast notice is
 1099  used in lieu of a posted notice, the notice and agenda must be
 1100  broadcast at least four times every broadcast hour of each day
 1101  that a posted notice is otherwise required under this section.
 1102  If broadcast notice is provided, the notice and agenda must be
 1103  broadcast in a manner and for a sufficient continuous length of
 1104  time to allow an average reader to observe the notice and read
 1105  and comprehend the entire content of the notice and the agenda.
 1106  Unless a unit owner waives in writing the right to receive
 1107  notice of the annual meeting, the notice of the annual meeting
 1108  must be sent by mail, hand delivered, or electronically
 1109  transmitted to each unit owner. An officer of the association
 1110  must provide an affidavit or United States Postal Service
 1111  certificate of mailing, to be included in the official records
 1112  of the association, affirming that notices of the association
 1113  meeting were mailed, hand delivered, or electronically
 1114  transmitted, in accordance with this provision, to each unit
 1115  owner at the address last furnished to the association.
 1116         1. The board of administration shall be elected by written
 1117  ballot or voting machine. A proxy may not be used in electing
 1118  the board of administration in general elections or elections to
 1119  fill vacancies caused by recall, resignation, or otherwise
 1120  unless otherwise provided in this chapter.
 1121         a. At least 60 days before a scheduled election, the
 1122  association shall mail, deliver, or transmit, whether by
 1123  separate association mailing, delivery, or electronic
 1124  transmission or included in another association mailing,
 1125  delivery, or electronic transmission, including regularly
 1126  published newsletters, to each unit owner entitled to vote, a
 1127  first notice of the date of the election. Any unit owner or
 1128  other eligible person desiring to be a candidate for the board
 1129  of administration must give written notice to the association at
 1130  least 40 days before a scheduled election. Together with the
 1131  written notice and agenda as set forth in this section, the
 1132  association shall mail, deliver, or electronically transmit a
 1133  second notice of election to all unit owners entitled to vote,
 1134  together with a ballot that which lists all candidates. Upon
 1135  request of a candidate, the association shall include an
 1136  information sheet, no larger than 8 1/2 inches by 11 inches,
 1137  which must be furnished by the candidate at least 35 days before
 1138  the election, to be included with the mailing, delivery, or
 1139  electronic transmission of the ballot, with the costs of
 1140  mailing, delivery, or transmission and copying to be borne by
 1141  the association. The association is not liable for the contents
 1142  of the information sheets provided by the candidates. In order
 1143  to reduce costs, the association may print or duplicate the
 1144  information sheets on both sides of the paper. The division
 1145  shall by rule establish voting procedures consistent with this
 1146  subparagraph, including rules establishing procedures for giving
 1147  notice by electronic transmission and rules providing for the
 1148  secrecy of ballots. Elections shall be decided by a plurality of
 1149  those ballots cast. There is no quorum requirement. However, at
 1150  least 20 percent of the eligible voters must cast a ballot in
 1151  order to have a valid election. A unit owner may not permit any
 1152  other person to vote his or her ballot, and any such ballots
 1153  improperly cast are invalid. A unit owner who needs assistance
 1154  in casting the ballot for the reasons stated in s. 101.051 may
 1155  obtain assistance in casting the ballot. Any unit owner
 1156  violating this provision may be fined by the association in
 1157  accordance with s. 719.303. The regular election must occur on
 1158  the date of the annual meeting. This subparagraph does not apply
 1159  to timeshare cooperatives. Notwithstanding this subparagraph, an
 1160  election and balloting are not required unless more candidates
 1161  file a notice of intent to run or are nominated than vacancies
 1162  exist on the board. Any challenge to the election process must
 1163  be commenced within 60 days after the election results are
 1164  announced.
 1165         b. Within 90 days after being elected or appointed to the
 1166  board, each new director shall certify in writing to the
 1167  secretary of the association that he or she has read the
 1168  association’s bylaws, articles of incorporation, proprietary
 1169  lease, and current written policies; that he or she will work to
 1170  uphold such documents and policies to the best of his or her
 1171  ability; and that he or she will faithfully discharge his or her
 1172  fiduciary responsibility to the association’s members. Within 90
 1173  days after being elected or appointed to the board, in lieu of
 1174  this written certification, the newly elected or appointed
 1175  director may submit a certificate of having satisfactorily
 1176  completed the educational curriculum administered by an
 1177  education provider as approved by the division pursuant to the
 1178  requirements established in chapter 718 within 1 year before or
 1179  90 days after the date of election or appointment. The
 1180  educational certificate is valid and does not have to be
 1181  resubmitted as long as the director serves on the board without
 1182  interruption. A director who fails to timely file the written
 1183  certification or educational certificate is suspended from
 1184  service on the board until he or she complies with this sub
 1185  subparagraph. The board may temporarily fill the vacancy during
 1186  the period of suspension. The secretary shall cause the
 1187  association to retain a director’s written certification or
 1188  educational certificate for inspection by the members for 5
 1189  years after a director’s election or the duration of the
 1190  director’s uninterrupted tenure, whichever is longer. Failure to
 1191  have such written certification or educational certificate on
 1192  file does not affect the validity of any board action.
 1193         2. Any approval by unit owners called for by this chapter,
 1194  or the applicable cooperative documents, must be made at a duly
 1195  noticed meeting of unit owners and is subject to this chapter or
 1196  the applicable cooperative documents relating to unit owner
 1197  decisionmaking, except that unit owners may take action by
 1198  written agreement, without meetings, on matters for which action
 1199  by written agreement without meetings is expressly allowed by
 1200  the applicable cooperative documents or law which provides for
 1201  the unit owner action.
 1202         3. Unit owners may waive notice of specific meetings if
 1203  allowed by the applicable cooperative documents or law. If
 1204  authorized by the bylaws, notice of meetings of the board of
 1205  administration, shareholder meetings, except shareholder
 1206  meetings called to recall board members under paragraph (f), and
 1207  committee meetings may be given by electronic transmission to
 1208  unit owners who consent to receive notice by electronic
 1209  transmission.
 1210         4. Unit owners have the right to participate in meetings of
 1211  unit owners with reference to all designated agenda items.
 1212  However, the association may adopt reasonable rules governing
 1213  the frequency, duration, and manner of unit owner participation.
 1214         5. Any unit owner may tape record or videotape meetings of
 1215  the unit owners subject to reasonable rules adopted by the
 1216  division.
 1217         6. Unless otherwise provided in the bylaws, a vacancy
 1218  occurring on the board before the expiration of a term may be
 1219  filled by the affirmative vote of the majority of the remaining
 1220  directors, even if the remaining directors constitute less than
 1221  a quorum, or by the sole remaining director. In the alternative,
 1222  a board may hold an election to fill the vacancy, in which case
 1223  the election procedures must conform to the requirements of
 1224  subparagraph 1. unless the association has opted out of the
 1225  statutory election process, in which case the bylaws of the
 1226  association control. Unless otherwise provided in the bylaws, a
 1227  board member appointed or elected under this subparagraph shall
 1228  fill the vacancy for the unexpired term of the seat being
 1229  filled. Filling vacancies created by recall is governed by
 1230  paragraph (f) and rules adopted by the division.
 1231  
 1232  Notwithstanding subparagraphs (b)2. and (d)1., an association
 1233  may, by the affirmative vote of a majority of the total voting
 1234  interests, provide for a different voting and election procedure
 1235  in its bylaws, which vote may be by a proxy specifically
 1236  delineating the different voting and election procedures. The
 1237  different voting and election procedures may provide for
 1238  elections to be conducted by limited or general proxy.
 1239         (f) Recall of board members.—Subject to the provisions of
 1240  s. 719.301, any member of the board of administration may be
 1241  recalled and removed from office with or without cause by the
 1242  vote or agreement in writing by a majority of all the voting
 1243  interests. A special meeting of the voting interests to recall
 1244  any member of the board of administration may be called by 10
 1245  percent of the unit owners giving notice of the meeting as
 1246  required for a meeting of unit owners, and the notice shall
 1247  state the purpose of the meeting. Electronic transmission may
 1248  not be used as a method of giving notice of a meeting called in
 1249  whole or in part for this purpose.
 1250         1. If the recall is approved by a majority of all voting
 1251  interests by a vote at a meeting, the recall shall be effective
 1252  as provided in this paragraph herein. The board shall duly
 1253  notice and hold a board meeting within 5 full business days
 1254  after of the adjournment of the unit owner meeting to recall one
 1255  or more board members. At the meeting, the board shall either
 1256  certify the recall, in which case such member or members shall
 1257  be recalled effective immediately and shall turn over to the
 1258  board within 5 full business days any and all records and
 1259  property of the association in their possession, or shall
 1260  proceed as set forth in subparagraph 3.
 1261         2. If the proposed recall is by an agreement in writing by
 1262  a majority of all voting interests, the agreement in writing or
 1263  a copy thereof shall be served on the association by certified
 1264  mail or by personal service in the manner authorized by chapter
 1265  48 and the Florida Rules of Civil Procedure. The board of
 1266  administration shall duly notice and hold a meeting of the board
 1267  within 5 full business days after receipt of the agreement in
 1268  writing. At the meeting, the board shall either certify the
 1269  written agreement to recall members of the board, in which case
 1270  such members shall be recalled effective immediately and shall
 1271  turn over to the board, within 5 full business days, any and all
 1272  records and property of the association in their possession, or
 1273  proceed as described in subparagraph 3.
 1274         3. If the board determines not to certify the written
 1275  agreement to recall members of the board, or does not certify
 1276  the recall by a vote at a meeting, the board shall, within 5
 1277  full business days after the board meeting, file with the
 1278  division a petition for binding arbitration pursuant to the
 1279  procedures of s. 719.1255. For purposes of this paragraph, the
 1280  unit owners who voted at the meeting or who executed the
 1281  agreement in writing shall constitute one party under the
 1282  petition for arbitration. If the arbitrator certifies the recall
 1283  as to any member of the board, the recall shall be effective
 1284  upon mailing of the final order of arbitration to the
 1285  association. If the association fails to comply with the order
 1286  of the arbitrator, the division may take action pursuant to s.
 1287  719.501. Any member so recalled shall deliver to the board any
 1288  and all records and property of the association in the member’s
 1289  possession within 5 full business days after of the effective
 1290  date of the recall.
 1291         4. If the board fails to duly notice and hold a board
 1292  meeting within 5 full business days after of service of an
 1293  agreement in writing or within 5 full business days after of the
 1294  adjournment of the unit owner recall meeting, the recall shall
 1295  be deemed effective and the board members so recalled shall
 1296  immediately turn over to the board any and all records and
 1297  property of the association.
 1298         5. If the board fails to duly notice and hold the required
 1299  meeting or fails to file the required petition, the unit owner
 1300  representative may file a petition pursuant to s. 719.1255
 1301  challenging the board’s failure to act. The petition must be
 1302  filed within 60 days after the expiration of the applicable 5
 1303  full-business-day period. The review of a petition under this
 1304  subparagraph is limited to the sufficiency of service on the
 1305  board and the facial validity of the written agreement or
 1306  ballots filed.
 1307         6.5. If a vacancy occurs on the board as a result of a
 1308  recall and less than a majority of the board members are
 1309  removed, the vacancy may be filled by the affirmative vote of a
 1310  majority of the remaining directors, notwithstanding any
 1311  provision to the contrary contained in this chapter. If
 1312  vacancies occur on the board as a result of a recall and a
 1313  majority or more of the board members are removed, the vacancies
 1314  shall be filled in accordance with procedural rules to be
 1315  adopted by the division, which rules need not be consistent with
 1316  this chapter. The rules must provide procedures governing the
 1317  conduct of the recall election as well as the operation of the
 1318  association during the period after a recall but prior to the
 1319  recall election.
 1320         7. A board member who has been recalled may file a petition
 1321  pursuant to s. 719.1255 challenging the validity of a recall.
 1322  The petition must be filed within 60 days after the recall is
 1323  deemed certified. The association and the unit owner
 1324  representative shall be named as the respondents.
 1325         8. The division may not accept for filing a recall
 1326  petition, whether filed pursuant to subparagraph 1.,
 1327  subparagraph 2., subparagraph 5., or subparagraph 7. and
 1328  regardless of whether the recall was certified, if there are 60
 1329  days or less until the scheduled reelection of the board member
 1330  sought to be recalled or if 60 days or less have not elapsed
 1331  since the election of the board member sought to be recalled.
 1332         Section 15. Subsections (1), (3), (4), and (9) of section
 1333  719.108, Florida Statutes, are amended to read:
 1334         719.108 Rents and assessments; liability; lien and
 1335  priority; interest; collection; cooperative ownership.—
 1336         (1) A unit owner, regardless of how title is acquired,
 1337  including, without limitation, a purchaser at a judicial sale,
 1338  is shall be liable for all rents and assessments coming due
 1339  while the unit owner owns the unit is in exclusive possession of
 1340  a unit. Additionally, a In a voluntary transfer, the unit owner
 1341  is in exclusive possession shall be jointly and severally liable
 1342  with the previous unit owner for all unpaid rents and
 1343  assessments, late fees, interest costs, and reasonable attorney
 1344  fees incurred in an attempt to collect all such amounts that
 1345  came due against the previous unit owner for his or her share of
 1346  the common expenses up to the time of the transfer of title.
 1347  This liability is, without prejudice to the rights of the
 1348  present unit owner in exclusive possession to recover from the
 1349  previous unit owner any the amounts paid by the present unit
 1350  owner in exclusive possession therefor.
 1351         (3) Rents and assessments, and installments on them, not
 1352  paid when due bear interest at the rate provided in the
 1353  cooperative documents from the date due until paid. This rate
 1354  may not exceed the rate allowed by law and, if a rate is not
 1355  provided in the cooperative documents, accrues at 18 percent per
 1356  annum. If the cooperative documents or bylaws so provide, the
 1357  association may charge an administrative late fee in addition to
 1358  such interest, not to exceed the greater of $25 or 5 percent of
 1359  each installment of the assessment for each delinquent
 1360  installment that the payment is late. Any payment received by an
 1361  association must be applied first to any interest accrued by the
 1362  association, then to any administrative late fee, then to any
 1363  costs and reasonable attorney attorney’s fees incurred in
 1364  collection, and then to the delinquent assessment. The foregoing
 1365  applies notwithstanding any restrictive endorsement,
 1366  designation, or instruction placed on or accompanying a payment.
 1367  A late fee is not subject to chapter 687 or s. 719.303(4).
 1368         (4) The association has a lien on each cooperative parcel
 1369  for any unpaid rents and assessments, plus interest, and any
 1370  authorized administrative late fees. If authorized by the
 1371  cooperative documents, the lien also secures reasonable attorney
 1372  attorney’s fees incurred by the association incident to the
 1373  collection of the rents and assessments or enforcement of such
 1374  lien. The lien is effective from and after recording a claim of
 1375  lien in the public records in the county in which the
 1376  cooperative parcel is located which states the description of
 1377  the cooperative parcel, the name of the unit owner, the amount
 1378  due, and the due dates. The lien expires if a claim of lien is
 1379  not filed within 1 year after the date the assessment was due,
 1380  and the lien does not continue for longer than 1 year after the
 1381  claim of lien has been recorded unless, within that time, an
 1382  action to enforce the lien is commenced. Except as otherwise
 1383  provided in this chapter, a lien may not be filed by the
 1384  association against a cooperative parcel until 30 days after the
 1385  date on which a notice of intent to file a lien has been
 1386  delivered to the owner.
 1387         (a) The notice must be sent to the unit owner at the
 1388  address of the unit by first-class United States mail and:
 1389         1. If the most recent address of the unit owner on the
 1390  records of the association is the address of the unit, the
 1391  notice must be sent by registered or certified mail, return
 1392  receipt requested, to the unit owner at the address of the unit.
 1393         2. If the most recent address of the unit owner on the
 1394  records of the association is in the United States, but is not
 1395  the address of the unit, the notice must be sent by registered
 1396  or certified mail, return receipt requested, to the unit owner
 1397  at his or her most recent address.
 1398         3. If the most recent address of the unit owner on the
 1399  records of the association is not in the United States, the
 1400  notice must be sent by first-class United States mail to the
 1401  unit owner at his or her most recent address.
 1402         (b) A notice that is sent pursuant to this subsection is
 1403  deemed delivered upon mailing.
 1404         (9) The specific purposes of any special assessment,
 1405  including any contingent special assessment levied in
 1406  conjunction with the purchase of an insurance policy authorized
 1407  by s. 719.104(3), approved in accordance with the cooperative
 1408  documents shall be set forth in a written notice of such
 1409  assessment sent or delivered to each unit owner. The funds
 1410  collected pursuant to a special assessment may shall be used
 1411  only for the specific purpose or purposes set forth in such
 1412  notice or returned to the unit owners. However, upon completion
 1413  of such specific purposes, any excess funds shall be considered
 1414  common surplus and may, at the discretion of the board, either
 1415  be returned to the unit owners or applied as a credit toward
 1416  future assessments.
 1417         Section 16. Paragraph (a) of subsection (3) and subsection
 1418  (5) of section 719.303, Florida Statutes, are amended to read:
 1419         719.303 Obligations of owners.—
 1420         (3) The association may levy reasonable fines for failure
 1421  of the unit owner or the unit’s occupant, licensee, or invitee
 1422  to comply with any provision of the cooperative documents or
 1423  reasonable rules of the association. A fine may not become a
 1424  lien against a unit. A fine may be levied on the basis of each
 1425  day of a continuing violation, with a single notice and
 1426  opportunity for hearing. However, the fine may not exceed $100
 1427  per violation, or $1,000 in the aggregate.
 1428         (a) An association may suspend, for a reasonable period of
 1429  time, the right of a unit owner, or a unit owner’s tenant,
 1430  guest, or invitee, to use the common elements, common
 1431  facilities, or any other association property for failure to
 1432  comply with any provision of the cooperative documents or
 1433  reasonable rules of the association. This paragraph does not
 1434  apply to limited common elements intended to be used only by
 1435  that unit, common elements needed to access the unit, utility
 1436  services provided to the unit, parking spaces, or elevators.
 1437         (5) An association may suspend the voting rights of a unit
 1438  or member due to nonpayment of any monetary obligation due to
 1439  the association which is more than 90 days delinquent.
 1440  Notwithstanding an association’s cooperative documents, the
 1441  requirements to establish a quorum, conduct an election, or
 1442  obtain membership approval on actions under this chapter or
 1443  pursuant to the association’s cooperative documents shall be
 1444  reduced by the number of suspended voting interests or consent
 1445  rights. A voting interest or consent right allocated to a unit
 1446  or member which has been suspended by the association may not be
 1447  counted towards the total number of voting interests for any
 1448  purpose, including, but not limited to, the number of voting
 1449  interests necessary to constitute a quorum, the number of voting
 1450  interests required to conduct an election, or the number of
 1451  voting interests required to approve an action under this
 1452  chapter or pursuant to the cooperative documents, articles of
 1453  incorporation, or bylaws. The suspension ends upon full payment
 1454  of all obligations currently due or overdue the association. The
 1455  notice and hearing requirements under subsection (3) do not
 1456  apply to a suspension imposed under this subsection.
 1457         Section 17. Paragraph (c) of subsection (5) and subsection
 1458  (10) of section 720.303, Florida Statutes, are amended to read:
 1459         720.303 Association powers and duties; meetings of board;
 1460  official records; budgets; financial reporting; association
 1461  funds; recalls.—
 1462         (5) INSPECTION AND COPYING OF RECORDS.—The official records
 1463  shall be maintained within the state and must be open to
 1464  inspection and available for photocopying by members or their
 1465  authorized agents at reasonable times and places within 10
 1466  business days after receipt of a written request for access.
 1467  This subsection may be complied with by having a copy of the
 1468  official records available for inspection or copying in the
 1469  community. If the association has a photocopy machine available
 1470  where the records are maintained, it must provide parcel owners
 1471  with copies on request during the inspection if the entire
 1472  request is limited to no more than 25 pages.
 1473         (c) The association may adopt reasonable written rules
 1474  governing the frequency, time, location, notice, records to be
 1475  inspected, and manner of inspections, but may not require a
 1476  parcel owner to demonstrate any proper purpose for the
 1477  inspection, state any reason for the inspection, or limit a
 1478  parcel owner’s right to inspect records to less than one 8-hour
 1479  business day per month. The association may impose fees to cover
 1480  the costs of providing copies of the official records,
 1481  including, without limitation, the costs of copying. The
 1482  association may charge up to 50 cents per page for copies made
 1483  on the association’s photocopier. If the association does not
 1484  have a photocopy machine available where the records are kept,
 1485  or if the records requested to be copied exceed 25 pages in
 1486  length, the association may have copies made by an outside
 1487  vendor or association management company personnel and may
 1488  charge the actual cost of copying, including any reasonable
 1489  costs involving personnel fees and charges at an hourly rate for
 1490  vendor or employee time to cover administrative costs to the
 1491  vendor or association. The association shall maintain an
 1492  adequate number of copies of the recorded governing documents,
 1493  to ensure their availability to members and prospective members.
 1494  Notwithstanding this paragraph, the following records are not
 1495  accessible to members or parcel owners:
 1496         1. Any record protected by the lawyer-client privilege as
 1497  described in s. 90.502 and any record protected by the work
 1498  product privilege, including, but not limited to, a record
 1499  prepared by an association attorney or prepared at the
 1500  attorney’s express direction which reflects a mental impression,
 1501  conclusion, litigation strategy, or legal theory of the attorney
 1502  or the association and which was prepared exclusively for civil
 1503  or criminal litigation or for adversarial administrative
 1504  proceedings or which was prepared in anticipation of such
 1505  litigation or proceedings until the conclusion of the litigation
 1506  or proceedings.
 1507         2. Information obtained by an association in connection
 1508  with the approval of the lease, sale, or other transfer of a
 1509  parcel.
 1510         3. Personnel records of association or management company
 1511  the association’s employees, including, but not limited to,
 1512  disciplinary, payroll, health, and insurance records. For
 1513  purposes of this subparagraph, the term “personnel records” does
 1514  not include written employment agreements with an association or
 1515  management company employee or budgetary or financial records
 1516  that indicate the compensation paid to an association or
 1517  management company employee.
 1518         4. Medical records of parcel owners or community residents.
 1519         5. Social security numbers, driver driver’s license
 1520  numbers, credit card numbers, electronic mailing addresses,
 1521  telephone numbers, facsimile numbers, emergency contact
 1522  information, any addresses for a parcel owner other than as
 1523  provided for association notice requirements, and other personal
 1524  identifying information of any person, excluding the person’s
 1525  name, parcel designation, mailing address, and property address.
 1526  However, an owner may consent in writing to the disclosure of
 1527  protected information described in this subparagraph. The
 1528  association is not liable for the disclosure of information that
 1529  is protected under this subparagraph if the information is
 1530  included in an official record of the association and is
 1531  voluntarily provided by an owner and not requested by the
 1532  association.
 1533         6. Any electronic security measure that is used by the
 1534  association to safeguard data, including passwords.
 1535         7. The software and operating system used by the
 1536  association which allows the manipulation of data, even if the
 1537  owner owns a copy of the same software used by the association.
 1538  The data is part of the official records of the association.
 1539         (10) RECALL OF DIRECTORS.—
 1540         (a)1. Regardless of any provision to the contrary contained
 1541  in the governing documents, subject to the provisions of s.
 1542  720.307 regarding transition of association control, any member
 1543  of the board of directors may be recalled and removed from
 1544  office with or without cause by a majority of the total voting
 1545  interests.
 1546         2. When the governing documents, including the declaration,
 1547  articles of incorporation, or bylaws, provide that only a
 1548  specific class of members is entitled to elect a board director
 1549  or directors, only that class of members may vote to recall
 1550  those board directors so elected.
 1551         (b)1. Board directors may be recalled by an agreement in
 1552  writing or by written ballot without a membership meeting. The
 1553  agreement in writing or the written ballots, or a copy thereof,
 1554  shall be served on the association by certified mail or by
 1555  personal service in the manner authorized by chapter 48 and the
 1556  Florida Rules of Civil Procedure.
 1557         2. The board shall duly notice and hold a meeting of the
 1558  board within 5 full business days after receipt of the agreement
 1559  in writing or written ballots. At the meeting, the board shall
 1560  either certify the written ballots or written agreement to
 1561  recall a director or directors of the board, in which case such
 1562  director or directors shall be recalled effective immediately
 1563  and shall turn over to the board within 5 full business days any
 1564  and all records and property of the association in their
 1565  possession, or proceed as described in paragraph (d).
 1566         3. When it is determined by the department pursuant to
 1567  binding arbitration proceedings that an initial recall effort
 1568  was defective, written recall agreements or written ballots used
 1569  in the first recall effort and not found to be defective may be
 1570  reused in one subsequent recall effort. However, in no event is
 1571  a written agreement or written ballot valid for more than 120
 1572  days after it has been signed by the member.
 1573         4. Any rescission or revocation of a member’s written
 1574  recall ballot or agreement must be in writing and, in order to
 1575  be effective, must be delivered to the association before the
 1576  association is served with the written recall agreements or
 1577  ballots.
 1578         5. The agreement in writing or ballot shall list at least
 1579  as many possible replacement directors as there are directors
 1580  subject to the recall, when at least a majority of the board is
 1581  sought to be recalled; the person executing the recall
 1582  instrument may vote for as many replacement candidates as there
 1583  are directors subject to the recall.
 1584         (c)1. If the declaration, articles of incorporation, or
 1585  bylaws specifically provide, the members may also recall and
 1586  remove a board director or directors by a vote taken at a
 1587  meeting. If so provided in the governing documents, a special
 1588  meeting of the members to recall a director or directors of the
 1589  board of administration may be called by 10 percent of the
 1590  voting interests giving notice of the meeting as required for a
 1591  meeting of members, and the notice shall state the purpose of
 1592  the meeting. Electronic transmission may not be used as a method
 1593  of giving notice of a meeting called in whole or in part for
 1594  this purpose.
 1595         2. The board shall duly notice and hold a board meeting
 1596  within 5 full business days after the adjournment of the member
 1597  meeting to recall one or more directors. At the meeting, the
 1598  board shall certify the recall, in which case such member or
 1599  members shall be recalled effective immediately and shall turn
 1600  over to the board within 5 full business days any and all
 1601  records and property of the association in their possession, or
 1602  shall proceed as set forth in subparagraph (d).
 1603         (d) If the board determines not to certify the written
 1604  agreement or written ballots to recall a director or directors
 1605  of the board or does not certify the recall by a vote at a
 1606  meeting, the board shall, within 5 full business days after the
 1607  meeting, file with the department a petition for binding
 1608  arbitration pursuant to the applicable procedures in ss.
 1609  718.112(2)(j) and 718.1255 and the rules adopted thereunder. For
 1610  the purposes of this section, the members who voted at the
 1611  meeting or who executed the agreement in writing shall
 1612  constitute one party under the petition for arbitration. If the
 1613  arbitrator certifies the recall as to any director or directors
 1614  of the board, the recall will be effective upon mailing of the
 1615  final order of arbitration to the association. The director or
 1616  directors so recalled shall deliver to the board any and all
 1617  records of the association in their possession within 5 full
 1618  business days after the effective date of the recall.
 1619         (e) If a vacancy occurs on the board as a result of a
 1620  recall and less than a majority of the board directors are
 1621  removed, the vacancy may be filled by the affirmative vote of a
 1622  majority of the remaining directors, notwithstanding any
 1623  provision to the contrary contained in this subsection or in the
 1624  association documents. If vacancies occur on the board as a
 1625  result of a recall and a majority or more of the board directors
 1626  are removed, the vacancies shall be filled by members voting in
 1627  favor of the recall; if removal is at a meeting, any vacancies
 1628  shall be filled by the members at the meeting. If the recall
 1629  occurred by agreement in writing or by written ballot, members
 1630  may vote for replacement directors in the same instrument in
 1631  accordance with procedural rules adopted by the division, which
 1632  rules need not be consistent with this subsection.
 1633         (f) If the board fails to duly notice and hold a board
 1634  meeting within 5 full business days after service of an
 1635  agreement in writing or within 5 full business days after the
 1636  adjournment of the member recall meeting, the recall shall be
 1637  deemed effective and the board directors so recalled shall
 1638  immediately turn over to the board all records and property of
 1639  the association.
 1640         (g) If the board fails to duly notice and hold the required
 1641  meeting or fails to file the required petition, the unit owner
 1642  representative may file a petition pursuant to s. 718.1255
 1643  challenging the board’s failure to act. The petition must be
 1644  filed within 60 days after the expiration of the applicable 5
 1645  full-business-day period. The review of a petition under this
 1646  paragraph is limited to the sufficiency of service on the board
 1647  and the facial validity of the written agreement or ballots
 1648  filed.
 1649         (h)(g) If a director who is removed fails to relinquish his
 1650  or her office or turn over records as required under this
 1651  section, the circuit court in the county where the association
 1652  maintains its principal office may, upon the petition of the
 1653  association, summarily order the director to relinquish his or
 1654  her office and turn over all association records upon
 1655  application of the association.
 1656         (i)(h) The minutes of the board meeting at which the board
 1657  decides whether to certify the recall are an official
 1658  association record. The minutes must record the date and time of
 1659  the meeting, the decision of the board, and the vote count taken
 1660  on each board member subject to the recall. In addition, when
 1661  the board decides not to certify the recall, as to each vote
 1662  rejected, the minutes must identify the parcel number and the
 1663  specific reason for each such rejection.
 1664         (j)(i) When the recall of more than one board director is
 1665  sought, the written agreement, ballot, or vote at a meeting
 1666  shall provide for a separate vote for each board director sought
 1667  to be recalled.
 1668         (k) A board member who has been recalled may file a
 1669  petition pursuant to ss. 718.112(2)(j) and 718.1255 and the
 1670  rules adopted challenging the validity of the recall. The
 1671  petition must be filed within 60 days after the recall is deemed
 1672  certified. The association and the unit owner representative
 1673  shall be named as respondents.
 1674         (l) The division may not accept for filing a recall
 1675  petition, whether filed pursuant to paragraph (b), paragraph
 1676  (c), paragraph (g), or paragraph (k) and regardless of whether
 1677  the recall was certified, if there are 60 days or less until the
 1678  scheduled reelection of the board member sought to be recalled
 1679  or if 60 days or less have not elapsed since the election of the
 1680  board member sought to be recalled.
 1681         Section 18. Subsections (2) and (4) of section 720.305,
 1682  Florida Statutes, are amended to read:
 1683         720.305 Obligations of members; remedies at law or in
 1684  equity; levy of fines and suspension of use rights.—
 1685         (2) The association may levy reasonable fines of up to $100
 1686  per violation against any member or any member’s tenant, guest,
 1687  or invitee for the failure of the owner of the parcel or its
 1688  occupant, licensee, or invitee to comply with any provision of
 1689  the declaration, the association bylaws, or reasonable rules of
 1690  the association. A fine may be levied for each day of a
 1691  continuing violation, with a single notice and opportunity for
 1692  hearing, except that the fine may not exceed $1,000 in the
 1693  aggregate unless otherwise provided in the governing documents.
 1694  A fine of less than $1,000 may not become a lien against a
 1695  parcel. In any action to recover a fine, the prevailing party is
 1696  entitled to reasonable attorney attorney’s fees and costs from
 1697  the nonprevailing party as determined by the court.
 1698         (a) An association may suspend, for a reasonable period of
 1699  time, the right of a member, or a member’s tenant, guest, or
 1700  invitee, to use common areas and facilities for the failure of
 1701  the owner of the parcel or its occupant, licensee, or invitee to
 1702  comply with any provision of the declaration, the association
 1703  bylaws, or reasonable rules of the association. This paragraph
 1704  does not apply to that portion of common areas used to provide
 1705  access or utility services to the parcel. A suspension may not
 1706  impair the right of an owner or tenant of a parcel to have
 1707  vehicular and pedestrian ingress to and egress from the parcel,
 1708  including, but not limited to, the right to park.
 1709         (b) A fine or suspension may not be imposed without at
 1710  least 14 days’ notice to the person sought to be fined or
 1711  suspended and an opportunity for a hearing before a committee of
 1712  at least three members appointed by the board who are not
 1713  officers, directors, or employees of the association, or the
 1714  spouse, parent, child, brother, or sister of an officer,
 1715  director, or employee. If the committee, by majority vote, does
 1716  not approve a proposed fine or suspension, it may not be
 1717  imposed. If the association imposes a fine or suspension, the
 1718  association must provide written notice of such fine or
 1719  suspension by mail or hand delivery to the parcel owner and, if
 1720  applicable, to any tenant, licensee, or invitee of the parcel
 1721  owner.
 1722         (4) An association may suspend the voting rights of a
 1723  parcel or member for the nonpayment of any monetary obligation
 1724  due to the association that is more than 90 days delinquent.
 1725  Notwithstanding an association’s governing documents, the
 1726  requirements to establish a quorum, conduct an election, or
 1727  obtain membership approval on actions under this chapter or
 1728  pursuant to the association’s governing documents shall be
 1729  reduced by the number of suspended voting interests or consent
 1730  rights. A voting interest or consent right allocated to a parcel
 1731  or member which has been suspended by the association may not be
 1732  counted towards the total number of voting interests for any
 1733  purpose, including, but not limited to, the number of voting
 1734  interests necessary to constitute a quorum, the number of voting
 1735  interests required to conduct an election, or the number of
 1736  voting interests required to approve an action under this
 1737  chapter or pursuant to the governing documents. The notice and
 1738  hearing requirements under subsection (2) do not apply to a
 1739  suspension imposed under this subsection. The suspension ends
 1740  upon full payment of all obligations currently due or overdue to
 1741  the association.
 1742         Section 19. Paragraph (d) is added to subsection (1) of
 1743  section 720.306, Florida Statutes, and subsection (9) of that
 1744  section is amended, to read:
 1745         720.306 Meetings of members; voting and election
 1746  procedures; amendments.—
 1747         (1) QUORUM; AMENDMENTS.—
 1748         (d) The Legislature finds that the procurement of mortgagee
 1749  consent to amendments that do not affect the rights or interests
 1750  of mortgagees is an unreasonable and substantial logistical and
 1751  financial burden on the parcel owners and that there is a
 1752  compelling state interest in enabling the members of an
 1753  association to approve amendments to the association’s governing
 1754  documents through legal means. Accordingly, and notwithstanding
 1755  any provision to the contrary contained in this paragraph:
 1756         1. As to any mortgage recorded on or after July 1, 2012,
 1757  any provision in the association’s governing documents that
 1758  requires the consent or joinder of some or all mortgagees of
 1759  parcels or any other portion of the association’s common areas
 1760  to amend the association’s governing documents or for any other
 1761  matter is enforceable only as to amendments to the association’s
 1762  governing documents that adversely affect the priority of the
 1763  mortgagee’s lien or the mortgagee’s rights to foreclose its lien
 1764  or that otherwise materially affect the rights and interests of
 1765  the mortgagees.
 1766         2. As to mortgages recorded before July 1, 2012, any
 1767  existing provisions in the association’s governing documents
 1768  requiring mortgagee consent are enforceable.
 1769         3. In securing consent or joinder, the association is
 1770  entitled to rely upon the public records to identify the holders
 1771  of outstanding mortgages. The association may use the address
 1772  provided in the original recorded mortgage document, unless
 1773  there is a different address for the holder of the mortgage in a
 1774  recorded assignment or modification of the mortgage, which
 1775  recorded assignment or modification must reference the official
 1776  records book and page on which the original mortgage was
 1777  recorded. Once the association has identified the recorded
 1778  mortgages of record, the association shall, in writing, request
 1779  of each parcel owner whose parcel is encumbered by a mortgage of
 1780  record any information the owner has in his or her possession
 1781  regarding the name and address of the person to whom mortgage
 1782  payments are currently being made. Notice shall be sent to such
 1783  person if the address provided in the original recorded mortgage
 1784  document is different from the name and address of the mortgagee
 1785  or assignee of the mortgage as shown by the public record. The
 1786  association is deemed to have complied with this requirement by
 1787  making the written request of the parcel owners required under
 1788  this subparagraph. Any notices required to be sent to the
 1789  mortgagees under this subparagraph shall be sent to all
 1790  available addresses provided to the association.
 1791         4. Any notice to the mortgagees required under subparagraph
 1792  3. may be sent by a method that establishes proof of delivery,
 1793  and any mortgagee who fails to respond within 60 days after the
 1794  date of mailing is deemed to have consented to the amendment.
 1795         5. For those amendments requiring mortgagee consent on or
 1796  after July 1, 2012, in the event mortgagee consent is provided
 1797  other than by properly recorded joinder, such consent shall be
 1798  evidenced by affidavit of the association recorded in the public
 1799  records of the county in which the declaration is recorded.
 1800         6. Any amendment adopted without the required consent of a
 1801  mortgagee is voidable only by a mortgagee who was entitled to
 1802  notice and an opportunity to consent. An action to void an
 1803  amendment is subject to the statute of limitations beginning 5
 1804  years after the date of discovery as to the amendments described
 1805  in subparagraph 1. and 5 years after the date of recordation of
 1806  the certificate of amendment for all other amendments. This
 1807  subparagraph applies to all mortgages, regardless of the date of
 1808  recordation of the mortgage.
 1809         (9)(a) ELECTIONS AND BOARD VACANCIES.—
 1810         (a) Elections of directors must be conducted in accordance
 1811  with the procedures set forth in the governing documents of the
 1812  association. All members of the association are eligible to
 1813  serve on the board of directors, and a member may nominate
 1814  himself or herself as a candidate for the board at a meeting
 1815  where the election is to be held or, if the election process
 1816  allows voting by absentee ballot, in advance of the balloting.
 1817  Except as otherwise provided in the governing documents, boards
 1818  of directors must be elected by a plurality of the votes cast by
 1819  eligible voters. Any challenge to the election process must be
 1820  commenced within 60 days after the election results are
 1821  announced.
 1822         (b) A person who is delinquent in the payment of any fee,
 1823  fine, or other monetary obligation to the association for more
 1824  than 90 days is not eligible for board membership. A person who
 1825  has been convicted of any felony in this state or in a United
 1826  States District or Territorial Court, or has been convicted of
 1827  any offense in another jurisdiction which would be considered a
 1828  felony if committed in this state, is not eligible for board
 1829  membership unless such felon’s civil rights have been restored
 1830  for at least 5 years as of the date on which such person seeks
 1831  election to the board. The validity of any action by the board
 1832  is not affected if it is later determined that a member of the
 1833  board is ineligible for board membership.
 1834         (c) Any election dispute between a member and an
 1835  association must be submitted to mandatory binding arbitration
 1836  with the division. Such proceedings must be conducted in the
 1837  manner provided by s. 718.1255 and the procedural rules adopted
 1838  by the division. Unless otherwise provided in the bylaws, any
 1839  vacancy occurring on the board before the expiration of a term
 1840  may be filled by an affirmative vote of the majority of the
 1841  remaining directors, even if the remaining directors constitute
 1842  less than a quorum, or by the sole remaining director. In the
 1843  alternative, a board may hold an election to fill the vacancy,
 1844  in which case the election procedures must conform to the
 1845  requirements of the governing documents. Unless otherwise
 1846  provided in the bylaws, a board member appointed or elected
 1847  under this section is appointed for the unexpired term of the
 1848  seat being filled. Filling vacancies created by recall is
 1849  governed by s. 720.303(10) and rules adopted by the division.
 1850         Section 20. Paragraphs (b) and (d) of subsection (2) of
 1851  section 720.3085, Florida Statutes, are amended to read:
 1852         720.3085 Payment for assessments; lien claims.—
 1853         (2)
 1854         (b) A parcel owner, regardless of how the parcel owner has
 1855  acquired title, including, but not limited to, by purchase at a
 1856  foreclosure sale, is jointly and severally liable with the
 1857  previous parcel owner for all unpaid assessments, late fees,
 1858  interest, costs, and reasonable attorney fees incurred by the
 1859  association in an attempt to collect all such amounts that came
 1860  due up to the time of transfer of title. This liability is
 1861  without prejudice to any right the present parcel owner may have
 1862  to recover any amounts paid by the present owner from the
 1863  previous owner.
 1864         (d) An association, or its successor or assignee, that
 1865  acquires title to a parcel through the foreclosure of its lien
 1866  for assessments is not liable for any unpaid assessments, late
 1867  fees, interest, or reasonable attorney attorney’s fees and costs
 1868  that came due before the association’s acquisition of title in
 1869  favor of any other association, as defined in s. 718.103(2) or
 1870  s. 720.301(9), which holds a superior lien interest on the
 1871  parcel. This paragraph is intended to clarify existing law.
 1872         Section 21. This act shall take effect July 1, 2012.