Florida Senate - 2015                              CS for SB 748
       
       
        
       By the Committee on Regulated Industries; and Senator Ring
       
       
       
       
       
       580-02525B-15                                          2015748c1
    1                        A bill to be entitled                      
    2         An act relating to residential properties; amending s.
    3         201.02, F.S.; providing that a certain deed, transfer,
    4         or conveyance from an owner of property is subject to
    5         certain taxes; amending s. 617.0721, F.S.; authorizing
    6         the use of a copy, facsimile transmission, or other
    7         reliable reproduction of an original proxy vote for
    8         certain purposes; amending s. 718.103, F.S.; revising
    9         and providing definitions; amending s. 718.111, F.S.;
   10         providing that the vote necessary to charge use fees
   11         for the use of the common elements or association
   12         property may be approved by a majority of the voting
   13         interests present, in person or by proxy, at a meeting
   14         of the association if a quorum has been established;
   15         revising the liability of unit owners under certain
   16         conditions; revising what constitutes official records
   17         of an association; amending s. 718.112, F.S.; revising
   18         the requirements for board of administration and unit
   19         owner meetings; clarifying the voting process for
   20         providing reserves; amending s. 718.113, F.S.;
   21         revising the term governing documents to condominium
   22         documents; amending s. 718.116, F.S.; revising the
   23         provisions relating to the liability of condominium
   24         unit owners and mortgagees; revising applicability;
   25         revising effect of a claim of lien; creating s.
   26         718.128, F.S.; authorizing condominium associations to
   27         conduct elections by electronic voting under certain
   28         conditions; providing that a member voting
   29         electronically is counted toward a quorum; requiring
   30         that the bylaws allow electronic voting of some or all
   31         matters; providing a definition; amending s. 718.301,
   32         F.S.; adding conditions under which certain unit
   33         owners are entitled to elect at least a majority of
   34         the members of the board of administration of an
   35         association; requiring a bulk-unit purchaser to
   36         relinquish control of the association under certain
   37         circumstances; requiring a bulk-unit purchaser to
   38         deliver certain items, at the bulk-unit purchaser’s
   39         expense, during the transfer of association control
   40         from the bulk-unit purchaser; amending s. 718.302,
   41         F.S.; revising the conditions under which certain
   42         grants, reservations, or contracts made by an
   43         association may be cancelled; prohibiting a lender
   44         unit purchaser from voting on cancellation of certain
   45         grants, reservations, or contracts while the
   46         association is under control of that lender-unit
   47         purchaser; amending s. 718.303, F.S.; providing that a
   48         fine may be levied by the board or its authorized
   49         designee under certain conditions; revising the
   50         requirements for levying a fine or suspension;
   51         amending s. 718.501, F.S.; conforming provisions of
   52         chapter 718, F.S., relating to the enforcement powers
   53         of the Division of Florida Condominiums, Timeshares,
   54         and Mobile Homes; creating s. 718.709, F.S.; providing
   55         applicability of the provisions relating to the
   56         Distressed Condominium Relief Act; creating part VIII
   57         of ch. 718, F.S.; providing legislative intent;
   58         providing definitions; authorizing a bulk-unit
   59         purchaser to exercise certain developer rights;
   60         requiring a bulk-unit purchaser to pay a working
   61         capital contribution under certain circumstances;
   62         providing applicability; authorizing a lender-unit
   63         purchaser to exercise any developer rights he or she
   64         acquires; requiring a bulk-unit purchaser and a
   65         lender-unit purchaser to comply with specified
   66         provisions under ch. 718, F.S.; limiting the rights of
   67         bulk-unit purchasers and lender-unit purchasers to
   68         vote on reserves or funding of reserves; prohibiting
   69         the transfer of such voting rights; providing
   70         assessment liability for bulk-unit purchasers and
   71         lender-unit purchasers; providing for suspension of a
   72         director who has been elected or appointed by a bulk
   73         unit purchaser in certain circumstances; specifying
   74         amendments and alterations for which a majority
   75         approval of unit owners is required; requiring consent
   76         of a bulk-unit purchaser, lender-unit purchaser, or
   77         developer to certain amendments; requiring certain
   78         warranties and disclosures; requiring an architect or
   79         engineer to disclose specified information in a
   80         condition report under certain circumstances;
   81         subjecting multiple bulk-unit purchasers to joint and
   82         several liability; prohibiting a board of
   83         administration, a majority of which is elected by a
   84         bulk-unit purchaser, from resolving certain
   85         construction disputes unless other conditions are
   86         satisfied; providing that a bulk-unit purchaser or
   87         lender-unit purchaser who does not comply with ch.
   88         718, F.S., forfeits all protections or exemptions
   89         under ch. 718, F.S.; clarifying conditions under which
   90         a bulk-unit purchaser must deliver certain items
   91         during the transfer of association control from the
   92         bulk-unit purchaser; providing conditions by which a
   93         person may become a bulk-unit purchaser following
   94         acquisition of title to timeshare interests that are
   95         or ultimately will be included in a timeshare plan;
   96         requiring disclosure to purchasers by certain bulk
   97         unit purchasers of timeshare interests; amending s.
   98         719.104, F.S.; revising what constitutes the official
   99         records of an association; amending s. 719.106, F.S.;
  100         revising the requirements for board of administration
  101         and shareholder meetings; amending s. 719.108, F.S.;
  102         revising applicability; revising the effect of a claim
  103         of lien; creating s. 719.129, F.S.; authorizing
  104         cooperative associations to conduct elections by
  105         electronic voting under certain conditions; providing
  106         that a member voting electronically is counted toward
  107         a quorum; requiring that the bylaws allow electronic
  108         voting of some or all matters; providing a definition;
  109         amending s. 719.303, F.S.; providing that a fine may
  110         be levied by the board or its authorized designee
  111         under certain conditions; revising the requirements
  112         for levying a fine or suspension; amending s. 720.301,
  113         F.S.; revising the definition of the term “governing
  114         documents”; creating s. 720.3015, F.S.; providing a
  115         short title; amending s. 720.305, F.S.; revising the
  116         requirements for levying a fine or suspension;
  117         revising the application of certain provisions;
  118         amending s. 720.306, F.S.; revising the requirements
  119         for the adoption of amendments to the governing
  120         documents; revising the requirements for the election
  121         of directors; revising the requirements for board of
  122         director and member meetings; amending s. 720.3085,
  123         F.S.; providing that the association may recover from
  124         the parcel owner a reasonable charge imposed by a
  125         management or bookkeeping company or a collection
  126         agent which are incurred in connection with a
  127         delinquent assessment; providing that such charges
  128         must be liquidated, noncontingent, and based upon
  129         actual time expended; providing that fees for
  130         collection are not recoverable in a certain
  131         circumstance; specifying the hierarchy for the
  132         application of payments received for collection
  133         services contracted for by the association; creating
  134         s. 720.317, F.S.; authorizing homeowners’ associations
  135         to conduct elections by electronic voting under
  136         certain conditions; providing that a member voting
  137         electronically is counted toward a quorum; requiring
  138         that the bylaws allow electronic voting of some or all
  139         matters; providing a definition; providing an
  140         effective date.
  141          
  142  Be It Enacted by the Legislature of the State of Florida:
  143  
  144         Section 1. Subsection (9) of section 201.02, Florida
  145  Statutes, is amended to read:
  146         201.02 Tax on deeds and other instruments relating to real
  147  property or interests in real property.—
  148         (9)(a) A certificate of title issued by the clerk of court
  149  under s. 45.031(5) in a judicial sale of real property under an
  150  order or final judgment issued pursuant to a foreclosure
  151  proceeding is subject to the tax imposed by subsection (1).
  152  However, the amount of the tax shall be computed based solely on
  153  the amount of the highest and best bid received for the property
  154  at the foreclosure sale. This paragraph subsection is intended
  155  to clarify existing law and shall be applied retroactively.
  156         (b) A deed, transfer, or conveyance from an owner of
  157  property, subject to assessments authorized by chapter 718,
  158  chapter 719, chapter 720, or chapter 721, to an association
  159  having lien rights against the property in lieu of the
  160  foreclosure of an assessment lien held by the association
  161  against such property is subject to the tax imposed by
  162  subsection (1). However, the amount of the tax shall be computed
  163  based solely on the amount of the unpaid assessments that are
  164  due and owing to the association on the date of said deed,
  165  transfer, or conveyance.
  166         Section 2. Subsection (2) of section 617.0721, Florida
  167  Statutes, is amended to read:
  168         617.0721 Voting by members.—
  169         (2) A member who is entitled to vote may vote in person or,
  170  unless the articles of incorporation or the bylaws otherwise
  171  provide, may vote by proxy executed in writing by the member or
  172  by his or her duly authorized attorney in fact. Notwithstanding
  173  any provision to the contrary in the articles of incorporation
  174  or bylaws, any copy, facsimile transmission, or other reliable
  175  reproduction of the original proxy may be substituted or used in
  176  lieu of the original proxy for any purpose for which the
  177  original proxy could be used if the copy, facsimile
  178  transmission, or other reproduction is a complete reproduction
  179  of the entire proxy. An appointment of a proxy is not valid
  180  after 11 months following the date of its execution unless
  181  otherwise provided in the proxy.
  182         (a) If directors or officers are to be elected by members,
  183  the bylaws may provide that such elections may be conducted by
  184  mail.
  185         (b) A corporation may reject a vote, consent, waiver, or
  186  proxy appointment if the secretary or other officer or agent
  187  authorized to tabulate votes, acting in good faith, has a
  188  reasonable basis for doubting the validity of the signature on
  189  it or the signatory’s authority to sign for the member.
  190         Section 3. Present subsections (12) through (30) of section
  191  718.103, Florida Statutes, are redesignated as subsections (13)
  192  through (31), respectively, a new subsection (12) is added to
  193  that section, and present subsection (16) of that section is
  194  amended, to read:
  195         718.103 Definitions.—As used in this chapter, the term:
  196         (12) “Condominium documents” means:
  197         (a) The recorded declaration of condominium for a community
  198  and all duly adopted and recorded amendments, supplements, and
  199  exhibits of the declaration;
  200         (b) The recorded articles of incorporation and bylaws of
  201  the condominium association and any duly adopted and recorded
  202  amendments of the declaration; and
  203         (c) Rules and regulations adopted under the authority of
  204  the recorded declaration of condominium, articles of
  205  incorporation or bylaws, and duly adopted amendments of the
  206  declaration.
  207         (17)(16) “Developer” means a person who creates a
  208  condominium or offers condominium parcels for sale or lease in
  209  the ordinary course of business, but does not include:
  210         (a) An owner or lessee of a condominium or cooperative unit
  211  who has acquired the unit for his or her own occupancy;
  212         (b) A cooperative association that creates a condominium by
  213  conversion of an existing residential cooperative after control
  214  of the association has been transferred to the unit owners if,
  215  following the conversion, the unit owners are the same persons
  216  who were unit owners of the cooperative and no units are offered
  217  for sale or lease to the public as part of the plan of
  218  conversion;
  219         (c) A bulk-unit purchaser, lender-unit purchaser, bulk
  220  assignee, or bulk buyer as defined in s. 718.802 718.703;
  221         (d) A person who acquires title to 7 or fewer units
  222  operated by the same association consisting of 40 or fewer units
  223  or who acquires title to less than 20 percent of the units
  224  operated by the same association consisting of more than 40
  225  units, regardless of whether that person offers any of those
  226  units for sale;
  227         (e) The trustee and any related trust association of a
  228  timeshare trust, interests in which are qualified as timeshare
  229  estates pursuant to s. 721.08 or s. 721.53; or
  230         (f)(d) A state, county, or municipal entity acting as a
  231  lessor and not otherwise named as a developer in the declaration
  232  of condominium.
  233         Section 4. Subsection (4), paragraph (j) of subsection (11)
  234  and paragraph (a) of subsection (12) of section 718.111, Florida
  235  Statutes, are amended to read:
  236         718.111 The association.—
  237         (4) ASSESSMENTS; MANAGEMENT OF COMMON ELEMENTS.—The
  238  association has the power to make and collect assessments and to
  239  lease, maintain, repair, and replace the common elements or the
  240  association property; however, the association may not charge a
  241  use fee against a unit owner for the use of common elements or
  242  association property unless otherwise provided for in the
  243  declaration of condominium or by a majority of the voting
  244  interests present, in person or by proxy, at a meeting of the
  245  association if a quorum has been established vote of the
  246  association or unless the charges relate to expenses incurred by
  247  an owner having exclusive use of the common elements or
  248  association property.
  249         (11) INSURANCE.—In order to protect the safety, health, and
  250  welfare of the people of the State of Florida and to ensure
  251  consistency in the provision of insurance coverage to
  252  condominiums and their unit owners, this subsection applies to
  253  every residential condominium in the state, regardless of the
  254  date of its declaration of condominium. It is the intent of the
  255  Legislature to encourage lower or stable insurance premiums for
  256  associations described in this subsection.
  257         (j) Any portion of the condominium property that must be
  258  insured by the association against property loss pursuant to
  259  paragraph (f) which is damaged by an insurable event shall be
  260  reconstructed, repaired, or replaced as necessary by the
  261  association as a common expense. In the absence of an insurable
  262  event, the association or the unit owners shall be responsible
  263  for the reconstruction, repair, or replacement, as determined by
  264  the maintenance provisions of the declaration or bylaws. All
  265  property insurance deductibles, uninsured losses, and other
  266  damages in excess of property insurance coverage under the
  267  property insurance policies maintained by the association are a
  268  common expense of the condominium, except that:
  269         1. A unit owner is responsible for the costs of repair or
  270  replacement of any portion of the condominium property not paid
  271  by insurance proceeds if such damage is caused by intentional
  272  conduct, negligence, or failure to comply with the terms of the
  273  declaration or the rules of the association by a unit owner, the
  274  members of his or her family, unit occupants, tenants, guests,
  275  or invitees, without compromise of the subrogation rights of the
  276  insurer.
  277         2. The provisions of subparagraph 1. regarding the
  278  financial responsibility of a unit owner for the costs of
  279  repairing or replacing other portions of the condominium
  280  property also apply to the costs of repair or replacement of
  281  personal property of other unit owners or the association, as
  282  well as other property, whether real or personal, which the unit
  283  owners are required to insure.
  284         3. To the extent the cost of repair or reconstruction for
  285  which the unit owner is responsible under this paragraph is
  286  reimbursed to the association by insurance proceeds, and the
  287  association has collected the cost of such repair or
  288  reconstruction from the unit owner, the association shall
  289  reimburse the unit owner without the waiver of any rights of
  290  subrogation.
  291         4. The association is not obligated to pay for
  292  reconstruction or repairs of property losses as a common expense
  293  if the property losses were known or should have been known to a
  294  unit owner and were not reported to the association until after
  295  the insurance claim of the association for that property was
  296  settled or resolved with finality, or denied because it was
  297  untimely filed.
  298         (12) OFFICIAL RECORDS.—
  299         (a) From the inception of the association, the association
  300  shall maintain each of the following items, if applicable, which
  301  constitutes the official records of the association:
  302         1. A copy of the plans, permits, warranties, and other
  303  items provided by the developer pursuant to s. 718.301(4).
  304         2. A photocopy of the recorded declaration of condominium
  305  of each condominium operated by the association and each
  306  amendment to each declaration.
  307         3. A photocopy of the recorded bylaws of the association
  308  and each amendment to the bylaws.
  309         4. A certified copy of the articles of incorporation of the
  310  association, or other documents creating the association, and
  311  each amendment thereto.
  312         5. A copy of the current rules of the association.
  313         6. A book or books that contain the minutes of all meetings
  314  of the association, the board of administration, and the unit
  315  owners, which minutes must be retained for at least 7 years.
  316         7. A current roster of all unit owners and their mailing
  317  addresses, unit identifications, voting certifications, and, if
  318  known, telephone numbers. The association shall also maintain
  319  the electronic mailing addresses and facsimile numbers of unit
  320  owners consenting to receive notice by electronic transmission.
  321  The electronic mailing addresses and facsimile numbers are not
  322  accessible to unit owners if consent to receive notice by
  323  electronic transmission is not provided in accordance with
  324  subparagraph (c)5. However, the association is not liable for an
  325  inadvertent disclosure of the electronic mail address or
  326  facsimile number for receiving electronic transmission of
  327  notices.
  328         8. All current insurance policies of the association and
  329  condominiums operated by the association.
  330         9. A current copy of any management agreement, lease, or
  331  other contract to which the association is a party or under
  332  which the association or the unit owners have an obligation or
  333  responsibility.
  334         10. Bills of sale or transfer for all property owned by the
  335  association.
  336         11. Accounting records for the association and separate
  337  accounting records for each condominium that the association
  338  operates. All accounting records must be maintained for at least
  339  7 years. Any person who knowingly or intentionally defaces or
  340  destroys such records, or who knowingly or intentionally fails
  341  to create or maintain such records, with the intent of causing
  342  harm to the association or one or more of its members, is
  343  personally subject to a civil penalty pursuant to s.
  344  718.501(1)(d). The accounting records must include, but are not
  345  limited to:
  346         a. Accurate, itemized, and detailed records of all receipts
  347  and expenditures.
  348         b. A current account and a monthly, bimonthly, or quarterly
  349  statement of the account for each unit designating the name of
  350  the unit owner, the due date and amount of each assessment, the
  351  amount paid on the account, and the balance due.
  352         c. All audits, reviews, accounting statements, and
  353  financial reports of the association or condominium.
  354         d. All contracts for work to be performed. Bids for work to
  355  be performed are also considered official records and must be
  356  maintained by the association.
  357         12. Ballots, sign-in sheets, voting proxies, and all other
  358  papers relating to voting by unit owners, which must be
  359  maintained for 1 year from the date of the election, vote, or
  360  meeting to which the document relates, notwithstanding paragraph
  361  (b).
  362         13. All rental records if the association is acting as
  363  agent for the rental of condominium units.
  364         14. A copy of the current question and answer sheet as
  365  described in s. 718.504.
  366         15. All other written records of the association not
  367  specifically included in the foregoing which are related to the
  368  operation of the association.
  369         16. A copy of the inspection report as described in s.
  370  718.301(4)(p).
  371         Section 5. Paragraphs (c), (d), and (f) of subsection (2)
  372  of section 718.112, Florida Statutes, are amended to read:
  373         718.112 Bylaws.—
  374         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  375  following and, if they do not do so, shall be deemed to include
  376  the following:
  377         (c) Board of administration meetings.—Meetings of the board
  378  of administration at which a quorum of the members is present
  379  are open to all unit owners. Members of the board of
  380  administration may use e-mail as a means of communication but
  381  may not cast a vote on an association matter via e-mail. A unit
  382  owner may tape record or videotape the meetings; however, a unit
  383  owner may not post the recordings on any website or other media
  384  that can readily be viewed by persons who are not members of the
  385  association. The right to attend such meetings includes the
  386  right to speak at such meetings with reference to all designated
  387  agenda items. The division shall adopt reasonable rules
  388  governing the tape recording and videotaping of the meeting. The
  389  association may adopt written reasonable rules governing the
  390  frequency, duration, and manner of unit owner statements.
  391         1. Adequate notice of all board meetings, which must
  392  specifically identify all agenda items, must be posted
  393  conspicuously on the condominium property or association
  394  property at least 48 continuous hours before the meeting except
  395  in an emergency. If 20 percent of the voting interests petition
  396  the board to address an item of business, the board, within 60
  397  days after receipt of the petition, shall place the item on the
  398  agenda at its next regular board meeting or at a special meeting
  399  called for that purpose. An item not included on the notice may
  400  be taken up on an emergency basis by a vote of at least a
  401  majority plus one of the board members. Such emergency action
  402  must be noticed and ratified at the next regular board meeting.
  403  However, written notice of a meeting at which a nonemergency
  404  special assessment or an amendment to rules regarding unit use
  405  will be considered must be mailed, delivered, or electronically
  406  transmitted to the unit owners and posted conspicuously on the
  407  condominium property or association property at least 14 days
  408  before the meeting. Evidence of compliance with this 14-day
  409  notice requirement must be made by an affidavit executed by the
  410  person providing the notice and filed with the official records
  411  of the association. Upon notice to the unit owners, the board
  412  shall, by duly adopted rule, designate a specific location on
  413  the condominium or association property where all notices of
  414  board meetings must be posted. If there is no condominium
  415  property or association property where notices can be posted,
  416  notices shall be mailed, delivered, or electronically
  417  transmitted to each unit owner at least 14 days before the
  418  meeting. In lieu of or in addition to the physical posting of
  419  the notice on the condominium property or association property,
  420  the association may, by reasonable rule, adopt a procedure for
  421  conspicuously posting and repeatedly broadcasting the notice and
  422  the agenda on a closed-circuit cable television system serving
  423  the condominium association. However, if broadcast notice is
  424  used in lieu of a notice physically posted on condominium
  425  property or association property, the notice and agenda must be
  426  broadcast at least four times every broadcast hour of each day
  427  that a posted notice is otherwise required under this section.
  428  If broadcast notice is provided, the notice and agenda must be
  429  broadcast in a manner and for a sufficient continuous length of
  430  time so as to allow an average reader to observe the notice and
  431  read and comprehend the entire content of the notice and the
  432  agenda. Notice of any meeting in which regular or special
  433  assessments against unit owners are to be considered must
  434  specifically state that assessments will be considered and
  435  provide the nature, estimated cost, and description of the
  436  purposes for such assessments.
  437         2. Meetings of a committee to take final action on behalf
  438  of the board or make recommendations to the board regarding the
  439  association budget are subject to this paragraph. Meetings of a
  440  committee that does not take final action on behalf of the board
  441  or make recommendations to the board regarding the association
  442  budget are subject to this section, unless those meetings are
  443  exempted from this section by the bylaws of the association.
  444         3. Notwithstanding any other law, the requirement that
  445  board meetings and committee meetings be open to the unit owners
  446  does not apply to:
  447         a. Meetings between the board or a committee and the
  448  association’s attorney, with respect to proposed or pending
  449  litigation, if the meeting is held for the purpose of seeking or
  450  rendering legal advice; or
  451         b. Board meetings held for the purpose of discussing
  452  personnel matters.
  453         (d) Unit owner meetings.—
  454         1. An annual meeting of the unit owners shall be held at
  455  the location provided in the association bylaws and, if the
  456  bylaws are silent as to the location, the meeting shall be held
  457  within 45 miles of the condominium property. However, such
  458  distance requirement does not apply to an association governing
  459  a timeshare condominium.
  460         2. Unless the bylaws provide otherwise, a vacancy on the
  461  board caused by the expiration of a director’s term shall be
  462  filled by electing a new board member, and the election must be
  463  by secret ballot. An election is not required if the number of
  464  vacancies equals or exceeds the number of candidates. For
  465  purposes of this paragraph, the term “candidate” means an
  466  eligible person who has timely submitted the written notice, as
  467  described in sub-subparagraph 4.a., of his or her intention to
  468  become a candidate. Except in a timeshare or nonresidential
  469  condominium, or if the staggered term of a board member does not
  470  expire until a later annual meeting, or if all members’ terms
  471  would otherwise expire but there are no candidates, the terms of
  472  all board members expire at the annual meeting, and such members
  473  may stand for reelection unless prohibited by the bylaws. If the
  474  bylaws or articles of incorporation permit terms of no more than
  475  2 years, the association board members may serve 2-year terms.
  476  If the number of board members whose terms expire at the annual
  477  meeting equals or exceeds the number of candidates, the
  478  candidates become members of the board effective upon the
  479  adjournment of the annual meeting. Unless the bylaws provide
  480  otherwise, any remaining vacancies shall be filled by the
  481  affirmative vote of the majority of the directors making up the
  482  newly constituted board even if the directors constitute less
  483  than a quorum or there is only one director. In a residential
  484  condominium association of more than 10 units or in a
  485  residential condominium association that does not include
  486  timeshare units or timeshare interests, coowners of a unit may
  487  not serve as members of the board of directors at the same time
  488  unless they own more than one unit or unless there are not
  489  enough eligible candidates to fill the vacancies on the board at
  490  the time of the vacancy. A unit owner in a residential
  491  condominium desiring to be a candidate for board membership must
  492  comply with sub-subparagraph 4.a. and must be eligible to be a
  493  candidate to serve on the board of directors at the time of the
  494  deadline for submitting a notice of intent to run in order to
  495  have his or her name listed as a proper candidate on the ballot
  496  or to serve on the board. A person who has been suspended or
  497  removed by the division under this chapter, or who is delinquent
  498  in the payment of any monetary obligation due to the
  499  association, is not eligible to be a candidate for board
  500  membership and may not be listed on the ballot. A person who has
  501  been convicted of any felony in this state or in a United States
  502  District or Territorial Court, or who has been convicted of any
  503  offense in another jurisdiction which would be considered a
  504  felony if committed in this state, is not eligible for board
  505  membership unless such felon’s civil rights have been restored
  506  for at least 5 years as of the date such person seeks election
  507  to the board. The validity of an action by the board is not
  508  affected if it is later determined that a board member is
  509  ineligible for board membership due to having been convicted of
  510  a felony. This subparagraph does not limit the term of a member
  511  of the board of a nonresidential condominium.
  512         3. The bylaws must provide the method of calling meetings
  513  of unit owners, including annual meetings. Written notice must
  514  include an agenda, must be mailed, hand delivered, or
  515  electronically transmitted to each unit owner at least 14 days
  516  before the annual meeting, and must be posted in a conspicuous
  517  place on the condominium property or association property at
  518  least 14 continuous days before the annual meeting. Upon notice
  519  to the unit owners, the board shall, by duly adopted rule,
  520  designate a specific location on the condominium property or
  521  association property where all notices of unit owner meetings
  522  shall be posted. This requirement does not apply if there is no
  523  condominium property or association property for posting
  524  notices. In lieu of, or in addition to, the physical posting of
  525  meeting notices, the association may, by reasonable rule, adopt
  526  a procedure for conspicuously posting and repeatedly
  527  broadcasting the notice and the agenda on a closed-circuit cable
  528  television system serving the condominium association. However,
  529  if broadcast notice is used in lieu of a notice posted
  530  physically on the condominium property or association property,
  531  the notice and agenda must be broadcast at least four times
  532  every broadcast hour of each day that a posted notice is
  533  otherwise required under this section. If broadcast notice is
  534  provided, the notice and agenda must be broadcast in a manner
  535  and for a sufficient continuous length of time so as to allow an
  536  average reader to observe the notice and read and comprehend the
  537  entire content of the notice and the agenda. Unless a unit owner
  538  waives in writing the right to receive notice of the annual
  539  meeting, such notice must be hand delivered, mailed, or
  540  electronically transmitted to each unit owner. Notice for
  541  meetings and notice for all other purposes must be mailed to
  542  each unit owner at the address last furnished to the association
  543  by the unit owner, or hand delivered to each unit owner.
  544  However, if a unit is owned by more than one person, the
  545  association must provide notice to the address that the
  546  developer identifies for that purpose and thereafter as one or
  547  more of the owners of the unit advise the association in
  548  writing, or if no address is given or the owners of the unit do
  549  not agree, to the address provided on the deed of record. An
  550  officer of the association, or the manager or other person
  551  providing notice of the association meeting, must provide an
  552  affidavit or United States Postal Service certificate of
  553  mailing, to be included in the official records of the
  554  association affirming that the notice was mailed or hand
  555  delivered in accordance with this provision.
  556         4. The members of the board of a residential condominium
  557  shall be elected by written ballot or voting machine. Proxies
  558  may not be used in electing the board in general elections or
  559  elections to fill vacancies caused by recall, resignation, or
  560  otherwise, unless otherwise provided in this chapter. This
  561  subparagraph does not apply to an association governing a
  562  timeshare condominium.
  563         a. At least 60 days before a scheduled election, the
  564  association shall mail, deliver, or electronically transmit, by
  565  separate association mailing or included in another association
  566  mailing, delivery, or transmission, including regularly
  567  published newsletters, to each unit owner entitled to a vote, a
  568  first notice of the date of the election. A unit owner or other
  569  eligible person desiring to be a candidate for the board must
  570  give written notice of his or her intent to be a candidate to
  571  the association at least 40 days before a scheduled election.
  572  Together with the written notice and agenda as set forth in
  573  subparagraph 3., the association shall mail, deliver, or
  574  electronically transmit a second notice of the election to all
  575  unit owners entitled to vote, together with a ballot that lists
  576  all candidates. Upon request of a candidate, an information
  577  sheet, no larger than 8 1/2 inches by 11 inches, which must be
  578  furnished by the candidate at least 35 days before the election,
  579  must be included with the mailing, delivery, or transmission of
  580  the ballot, with the costs of mailing, delivery, or electronic
  581  transmission and copying to be borne by the association. The
  582  association is not liable for the contents of the information
  583  sheets prepared by the candidates. In order to reduce costs, the
  584  association may print or duplicate the information sheets on
  585  both sides of the paper. The division shall by rule establish
  586  voting procedures consistent with this sub-subparagraph,
  587  including rules establishing procedures for giving notice by
  588  electronic transmission and rules providing for the secrecy of
  589  ballots. Elections shall be decided by a plurality of ballots
  590  cast. There is no quorum requirement; however, at least 20
  591  percent of the eligible voters must cast a ballot in order to
  592  have a valid election. A unit owner may not permit any other
  593  person to vote his or her ballot, and any ballots improperly
  594  cast are invalid. A unit owner who violates this provision may
  595  be fined by the association in accordance with s. 718.303. A
  596  unit owner who needs assistance in casting the ballot for the
  597  reasons stated in s. 101.051 may obtain such assistance. The
  598  regular election must occur on the date of the annual meeting.
  599  Notwithstanding this sub-subparagraph, an election is not
  600  required unless more candidates file notices of intent to run or
  601  are nominated than board vacancies exist.
  602         b. Within 90 days after being elected or appointed to the
  603  board of an association of a residential condominium, each newly
  604  elected or appointed director shall certify in writing to the
  605  secretary of the association that he or she has read the
  606  association’s declaration of condominium, articles of
  607  incorporation, bylaws, and current written policies; that he or
  608  she will work to uphold such documents and policies to the best
  609  of his or her ability; and that he or she will faithfully
  610  discharge his or her fiduciary responsibility to the
  611  association’s members. In lieu of this written certification,
  612  within 90 days after being elected or appointed to the board,
  613  the newly elected or appointed director may submit a certificate
  614  of having satisfactorily completed the educational curriculum
  615  administered by a division-approved condominium education
  616  provider within 1 year before or 90 days after the date of
  617  election or appointment. The written certification or
  618  educational certificate is valid and does not have to be
  619  resubmitted as long as the director serves on the board without
  620  interruption. A director of an association of a residential
  621  condominium who fails to timely file the written certification
  622  or educational certificate is suspended from service on the
  623  board until he or she complies with this sub-subparagraph. The
  624  board may temporarily fill the vacancy during the period of
  625  suspension. The secretary shall cause the association to retain
  626  a director’s written certification or educational certificate
  627  for inspection by the members for 5 years after a director’s
  628  election or the duration of the director’s uninterrupted tenure,
  629  whichever is longer. Failure to have such written certification
  630  or educational certificate on file does not affect the validity
  631  of any board action.
  632         c. Any challenge to the election process must be commenced
  633  within 60 days after the election results are announced.
  634         5. Any approval by unit owners called for by this chapter
  635  or the applicable declaration or bylaws, including, but not
  636  limited to, the approval requirement in s. 718.111(8), must be
  637  made at a duly noticed meeting of unit owners and is subject to
  638  all requirements of this chapter or the applicable condominium
  639  documents relating to unit owner decisionmaking, except that
  640  unit owners may take action by written agreement, without
  641  meetings, on matters for which action by written agreement
  642  without meetings is expressly allowed by the applicable bylaws
  643  or declaration or any law that provides for such action.
  644         6. Unit owners may waive notice of specific meetings if
  645  allowed by the applicable bylaws or declaration or any law. If
  646  authorized by the bylaws, notice of meetings of the board of
  647  administration, unit owner meetings, except unit owner meetings
  648  called to recall board members under paragraph (j), and
  649  committee meetings may be given by electronic transmission to
  650  unit owners who consent to receive notice by electronic
  651  transmission.
  652         7. Unit owners have the right to participate in meetings of
  653  unit owners with reference to all designated agenda items.
  654  However, the association may adopt reasonable rules governing
  655  the frequency, duration, and manner of unit owner participation.
  656         8. A unit owner may tape record or videotape a meeting of
  657  the unit owners subject to reasonable rules adopted by the
  658  division; however, a unit owner may not post the recording on
  659  any website or other media that can readily be viewed by persons
  660  who are not members of the association.
  661         9. Unless otherwise provided in the bylaws, any vacancy
  662  occurring on the board before the expiration of a term may be
  663  filled by the affirmative vote of the majority of the remaining
  664  directors, even if the remaining directors constitute less than
  665  a quorum, or by the sole remaining director. In the alternative,
  666  a board may hold an election to fill the vacancy, in which case
  667  the election procedures must conform to sub-subparagraph 4.a.
  668  unless the association governs 10 units or fewer and has opted
  669  out of the statutory election process, in which case the bylaws
  670  of the association control. Unless otherwise provided in the
  671  bylaws, a board member appointed or elected under this section
  672  shall fill the vacancy for the unexpired term of the seat being
  673  filled. Filling vacancies created by recall is governed by
  674  paragraph (j) and rules adopted by the division.
  675         10. This chapter does not limit the use of general or
  676  limited proxies, require the use of general or limited proxies,
  677  or require the use of a written ballot or voting machine for any
  678  agenda item or election at any meeting of a timeshare
  679  condominium association or nonresidential condominium
  680  association.
  681  
  682  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
  683  association of 10 or fewer units may, by affirmative vote of a
  684  majority of the total voting interests, provide for different
  685  voting and election procedures in its bylaws, which may be by a
  686  proxy specifically delineating the different voting and election
  687  procedures. The different voting and election procedures may
  688  provide for elections to be conducted by limited or general
  689  proxy.
  690         (f) Annual budget.—
  691         1. The proposed annual budget of estimated revenues and
  692  expenses must be detailed and must show the amounts budgeted by
  693  accounts and expense classifications, including, at a minimum,
  694  any if applicable, but not limited to, those expenses listed in
  695  s. 718.504(21). A multicondominium association shall adopt a
  696  separate budget of common expenses for each condominium the
  697  association operates and shall adopt a separate budget of common
  698  expenses for the association. In addition, if the association
  699  maintains limited common elements with the cost to be shared
  700  only by those entitled to use the limited common elements as
  701  provided for in s. 718.113(1), the budget or a schedule attached
  702  to it must show the amount budgeted for this maintenance. If,
  703  after turnover of control of the association to the unit owners,
  704  any of the expenses listed in s. 718.504(21) are not applicable,
  705  they need not be listed.
  706         2.a. In addition to annual operating expenses, the budget
  707  must include reserve accounts for capital expenditures and
  708  deferred maintenance. These accounts must include, but are not
  709  limited to, roof replacement, building painting, and pavement
  710  resurfacing, regardless of the amount of deferred maintenance
  711  expense or replacement cost, and for any other item that has a
  712  deferred maintenance expense or replacement cost that exceeds
  713  $10,000. The amount to be reserved must be computed using a
  714  formula based upon estimated remaining useful life and estimated
  715  replacement cost or deferred maintenance expense of each reserve
  716  item. The association may adjust replacement reserve assessments
  717  annually to take into account any changes in estimates or
  718  extension of the useful life of a reserve item caused by
  719  deferred maintenance. This subsection does not apply to an
  720  adopted budget in which the members of an association have
  721  determined, by a majority vote at a duly called meeting of the
  722  association, to provide no reserves or less reserves than
  723  required by this subsection.
  724         b. Before However, prior to turnover of control of an
  725  association by a developer to unit owners other than a developer
  726  pursuant to s. 718.301, the developer may vote the voting
  727  interests allocated to its units to waive the reserves or reduce
  728  the funding of reserves through the period expiring at the end
  729  of the second fiscal year after the fiscal year in which the
  730  certificate of a surveyor and mapper is recorded pursuant to s.
  731  718.104(4)(e) or an instrument that transfers title to a unit in
  732  the condominium which is not accompanied by a recorded
  733  assignment of developer rights in favor of the grantee of such
  734  unit is recorded, whichever occurs first, after which time
  735  reserves may be waived or reduced only upon the vote of a
  736  majority of all nondeveloper voting interests voting in person
  737  or by limited proxy at a duly called meeting of the association.
  738  If a meeting of the unit owners has been called to determine
  739  whether to waive or reduce the funding of reserves, and no such
  740  result is achieved or a quorum is not attained, the reserves
  741  included in the budget shall go into effect. After the turnover,
  742  the developer may vote its voting interest to waive or reduce
  743  the funding of reserves.
  744         3. Reserve funds and any interest accruing thereon shall
  745  remain in the reserve account or accounts, and may be used only
  746  for authorized reserve expenditures unless their use for other
  747  purposes is approved in advance by a majority vote at a duly
  748  called meeting of the association. Before Prior to turnover of
  749  control of an association by a developer to unit owners other
  750  than the developer pursuant to s. 718.301, the developer
  751  controlled association may shall not vote to use reserves for
  752  purposes other than those that for which they were intended
  753  without the approval of a majority of all nondeveloper voting
  754  interests, voting in person or by limited proxy at a duly called
  755  meeting of the association.
  756         4. The only voting interests that are eligible to vote on
  757  questions that involve waiving or reducing the funding of
  758  reserves, or using existing reserve funds for purposes other
  759  than purposes for which the reserves were intended, are the
  760  voting interests of the units subject to assessment to fund the
  761  reserves in question. Proxy questions relating to waiving or
  762  reducing the funding of reserves or using existing reserve funds
  763  for purposes other than purposes for which the reserves were
  764  intended must shall contain the following statement in
  765  capitalized, bold letters in a font size larger than any other
  766  used on the face of the proxy ballot: WAIVING OF RESERVES, IN
  767  WHOLE OR IN PART, OR ALLOWING ALTERNATIVE USES OF EXISTING
  768  RESERVES MAY RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF
  769  UNANTICIPATED SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
  770         Section 6. Subsection (7) of section 718.113, Florida
  771  Statutes, is amended to read:
  772         718.113 Maintenance; limitation upon improvement; display
  773  of flag; hurricane shutters and protection; display of religious
  774  decorations.—
  775         (7) Notwithstanding the provisions of this section or the
  776  condominium governing documents of a condominium or a
  777  multicondominium association, the board of administration may,
  778  without any requirement for approval of the unit owners, install
  779  upon or within the common elements or association property solar
  780  collectors, clotheslines, or other energy-efficient devices
  781  based on renewable resources for the benefit of the unit owners.
  782         Section 7. Paragraphs (a) and (b) of subsection (1),
  783  subsection (3), and paragraph (b) of subsection (5) of section
  784  718.116, Florida Statutes, are amended to read:
  785         718.116 Assessments; liability; lien and priority;
  786  interest; collection.—
  787         (1)(a) A unit owner, regardless of how the unit owner has
  788  acquired his or her title has been acquired, including, but not
  789  limited to, by purchase at a foreclosure sale or by deed in lieu
  790  of foreclosure, is liable for all assessments that which come
  791  due while he or she is the unit owner, including any special
  792  assessments or installments on special assessments coming due
  793  during the period of ownership, regardless of when the special
  794  assessment was levied. Additionally, a unit owner is jointly and
  795  severally liable with the previous unit owner for all unpaid
  796  monthly and special assessments, interest and late fees on both
  797  unpaid assessments and unpaid special assessments, and costs and
  798  reasonable attorney fees incurred by the association in an
  799  attempt to collect all such amounts that came due up to the time
  800  of transfer of title. This joint and several liability of a
  801  subsequent unit owner does not apply to an owner who acquires
  802  title through purchase of a tax deed and is without prejudice to
  803  any right the present unit owner may have to recover from the
  804  previous unit owner the amounts paid by the present unit owner.
  805  For the purposes of this section paragraph, the term “previous
  806  unit owner” does not include an association that acquires title
  807  to a unit delinquent property through foreclosure or by deed in
  808  lieu of foreclosure. A present unit owner’s liability for unpaid
  809  assessments, interest, late fees, and costs and reasonable
  810  attorney fees is limited to any unpaid assessments, interest,
  811  late fees, and costs and reasonable attorney fees that accrued
  812  before the association acquired title to the unit delinquent
  813  property through foreclosure or by deed in lieu of foreclosure.
  814         (b)1. The liability of a first mortgagee or its successor
  815  or assignees who acquire title to a unit by foreclosure or by
  816  deed in lieu of foreclosure for the unpaid assessments,
  817  interest, late fees, costs and reasonable attorney fees, and any
  818  other fee, cost, or expense incurred by or on behalf of the
  819  association in the collection process which that became due
  820  before the mortgagee’s acquisition of title is limited to the
  821  lesser of:
  822         a. The unit’s unpaid common expenses and regular periodic
  823  assessments which accrued or came due during the 12 months
  824  immediately preceding the acquisition of title and for which
  825  payment in full has not been received by the association; or
  826         b. One percent of the original mortgage debt. The
  827  provisions of this paragraph apply only if the first mortgagee
  828  joined the association as a defendant in the foreclosure action.
  829  Joinder of the association is not required if, on the date the
  830  complaint is filed, the association was dissolved or did not
  831  maintain an office or agent for service of process at a location
  832  which was known to or reasonably discoverable by the mortgagee.
  833         2. An association, or its successor or assignee, that
  834  acquires title to a unit through the foreclosure of its lien for
  835  assessments is not liable for any unpaid assessments, late fees,
  836  interest, or reasonable attorney attorney’s fees and costs that
  837  came due before the association’s acquisition of title in favor
  838  of any other association, as defined in s. 718.103(2) or s.
  839  720.301(9), which holds a superior lien interest on the unit.
  840  This subparagraph is intended to clarify existing law.
  841         (3) Assessments and installments on assessments which are
  842  not paid when due bear interest at the rate provided in the
  843  declaration, from the due date until paid. The rate may not
  844  exceed the rate allowed by law, and, if no rate is provided in
  845  the declaration, interest accrues at the rate of 18 percent per
  846  year. If provided by the declaration or bylaws, the association
  847  may, in addition to such interest, charge an administrative late
  848  fee of up to the greater of $25 or 5 percent of each delinquent
  849  installment for which the payment is late. The association may
  850  also recover from the unit owner any reasonable charges imposed
  851  upon the association under a written contract with its
  852  management or bookkeeping company or collection agent which are
  853  incurred in connection with collecting a delinquent assessment.
  854  Such charges must be in a liquidated and noncontingent amount
  855  and must be based on the actual time expended performing
  856  necessary, nonduplicative services. Fees for collection are not
  857  recoverable for the period after referral of the matter to an
  858  association’s legal counsel. Any payment received by an
  859  association must be applied first to any interest accrued by the
  860  association, then to any administrative late fee, then to any
  861  costs and reasonable attorney attorney’s fees incurred in
  862  collection, then to any reasonable costs for collection services
  863  contracted by the association, and then to the delinquent
  864  assessment. The foregoing is applicable notwithstanding s.
  865  673.3111, any purported accord and satisfaction, or any
  866  restrictive endorsement, designation, or instruction placed on
  867  or accompanying a payment. The preceding sentence is intended to
  868  clarify existing law. A late fee is not subject to chapter 687
  869  or s. 718.303(4).
  870         (5)
  871         (b) To be valid, a claim of lien must state the description
  872  of the condominium parcel, the name of the record owner, the
  873  name and address of the association, the amount due, and the due
  874  dates. It must be executed and acknowledged by an officer or
  875  authorized agent of the association. The lien is not effective 1
  876  year after the claim of lien was recorded unless, within that
  877  time, an action to enforce the lien is commenced. The 1-year
  878  period is automatically extended for any length of time during
  879  which the association is prevented from filing a foreclosure
  880  action by an automatic stay resulting from a bankruptcy petition
  881  filed by the parcel owner or any other person claiming an
  882  interest in the parcel. The claim of lien secures all unpaid
  883  assessments that are due and that may accrue after the claim of
  884  lien is recorded and through the entry of a final judgment, as
  885  well as interest, authorized administrative late fees, and all
  886  reasonable costs and attorney attorney’s fees incurred by the
  887  association incident to the collection process, including, but
  888  not limited to, any reasonable costs for collection services
  889  contracted for by the association. Upon payment in full, the
  890  person making the payment is entitled to a satisfaction of the
  891  lien.
  892         Section 8. Section 718.128, Florida Statutes, is created to
  893  read:
  894         718.128 Electronic voting.—The association may conduct
  895  elections by electronic voting if a member consents, in writing,
  896  to voting electronically and the following requirements are met:
  897         (1) The association provides each member with:
  898         (a) A method to authenticate the member’s identity to the
  899  electronic voting system.
  900         (b) A method to secure the member’s vote from, among other
  901  things, malicious software and the ability of others to remotely
  902  monitor or control the electronic voting platform.
  903         (c) A method to communicate with the electronic voting
  904  system.
  905         (d) A method to review an electronic ballot before its
  906  transmission to the electronic voting system.
  907         (e) A method to transmit an electronic ballot to the
  908  electronic voting system which ensures the secrecy and integrity
  909  of each ballot.
  910         (f) A method to allow members to verify the authenticity of
  911  receipts sent from the electronic voting system.
  912         (g) A method to confirm, at least 14 days before the voting
  913  deadline, that the member’s electronic voting platform can
  914  successfully communicate with the electronic voting system.
  915         (h) In the event of a disruption of the electronic voting
  916  system, the ability to vote by mail or to deliver a ballot in
  917  person.
  918         (2) The association uses an electronic voting system that
  919  is:
  920         (a) Accessible to members with disabilities.
  921         (b) Secure from, among other things, malicious software and
  922  the ability of others to remotely monitor or control the system.
  923         (c) Able to authenticate the member’s identity.
  924         (d) Able to communicate with each member’s electronic
  925  voting platform.
  926         (e) Able to authenticate the validity of each electronic
  927  ballot to ensure that the ballot is not altered in transit.
  928         (f) Able to transmit a receipt from the electronic voting
  929  system to each member who casts an electronic ballot.
  930         (g) Able to permanently separate any authentication or
  931  identifying information from the electronic ballot, rendering it
  932  impossible to tie a ballot to a specific member.
  933         (h) Able to allow the member to confirm that his or her
  934  ballot has been received and counted.
  935         (i) Able to store and keep electronic ballots accessible to
  936  election officials for recount, inspection, and review purposes.
  937         (3) A member voting electronically pursuant to this section
  938  shall be counted as being in attendance at the meeting for
  939  purposes of determining a quorum.
  940         (4) The bylaws of an association must provide for and allow
  941  voting pursuant to this section before this section shall apply.
  942  This section may apply to some or all matters for which a vote
  943  of the membership is required.
  944         Section 9. Subsections (1) and (4) of section 718.301,
  945  Florida Statutes, are amended to read:
  946         718.301 Transfer of association control; claims of defect
  947  by association.—
  948         (1) If unit owners other than the developer own 15 percent
  949  or more of the units in a condominium that ultimately will be
  950  operated ultimately by an association, as provided in the
  951  declaration, articles of incorporation, or bylaws as originally
  952  recorded, the unit owners other than the developer are entitled
  953  to elect at least one-third of the members of the board of
  954  administration of the association. Unit owners other than the
  955  developer are entitled to elect at least a majority of the
  956  members of the board of administration of an association, upon
  957  the first to occur of any of the following events that occur:
  958         (a) Three years after 50 percent of the units that
  959  ultimately will be operated ultimately by the association, as
  960  provided in the declaration, articles of incorporation, or
  961  bylaws as originally recorded, have been conveyed to
  962  purchasers.;
  963         (b) Three months after 90 percent of the units that
  964  ultimately will be operated ultimately by the association, as
  965  provided in the declaration, articles of incorporation, or
  966  bylaws as originally recorded, have been conveyed to
  967  purchasers.;
  968         (c) When all the units that ultimately will be operated
  969  ultimately by the association, as provided in the declaration,
  970  articles of incorporation, or bylaws as originally recorded,
  971  have been completed, some of them have been conveyed to
  972  purchasers, and none of the others is are being offered for sale
  973  by the developer in the ordinary course of business.;
  974         (d) When some of the units have been conveyed to purchasers
  975  and none of the others is are being constructed or offered for
  976  sale by the developer in the ordinary course of business.;
  977         (e) When the developer files a petition seeking protection
  978  in bankruptcy.;
  979         (f) When a bulk-unit purchaser who owns a majority of the
  980  units that ultimately will be operated by the association, as
  981  provided in the declaration, articles of incorporation, or
  982  bylaws as originally recorded, files a petition seeking
  983  protection in bankruptcy.
  984         (g)(f) When a receiver for the developer is appointed by a
  985  circuit court and is not discharged within 30 days after such
  986  appointment, unless the court determines within 30 days after
  987  appointment of the receiver that transfer of control would be
  988  detrimental to the association or its members.; or
  989         (h) When a receiver for a bulk-unit purchaser who owns a
  990  majority of the units that ultimately will be operated by the
  991  association, as provided in the declaration, articles of
  992  incorporation, or bylaws as originally recorded, is appointed by
  993  a circuit court and is not discharged within 30 days after such
  994  appointment, unless the court determines within 30 days after
  995  appointment of the receiver that transfer of control would be
  996  detrimental to the association or its members.
  997         (i) Five years after the date of recording of the first
  998  conveyance to a bulk-unit purchaser who owns a majority of the
  999  units that ultimately will be operated by the association, as
 1000  provided in the declaration, articles of incorporation, or
 1001  bylaws as originally recorded. Notwithstanding that unit owners
 1002  other than the developer are entitled to elect a majority of the
 1003  members of the board of administration and notwithstanding s.
 1004  718.112(2)(f)2., 5 years after the date of recording of the
 1005  first conveyance of a unit to a bulk-unit purchaser who owns a
 1006  majority of the units, the bulk-unit purchaser may exercise the
 1007  right to vote for each unit owned by the bulk-unit purchaser in
 1008  the same manner as any other unit owner except for the purposes
 1009  of reacquiring control of the association or electing or
 1010  appointing a majority of the members of the board of
 1011  administration.
 1012         (j)(g) Seven years after the date of the recording of the
 1013  certificate of a surveyor and mapper pursuant to s.
 1014  718.104(4)(e) or the recording of an instrument that transfers
 1015  title to a unit in the condominium which is not accompanied by a
 1016  recorded assignment of developer rights in favor of the grantee
 1017  of such unit, whichever occurs first; or, in the case of an
 1018  association that may ultimately may operate more than one
 1019  condominium, 7 years after the date of the recording of the
 1020  certificate of a surveyor and mapper pursuant to s.
 1021  718.104(4)(e) or the recording of an instrument that transfers
 1022  title to a unit which is not accompanied by a recorded
 1023  assignment of developer rights in favor of the grantee of such
 1024  unit, whichever occurs first, for the first condominium it
 1025  operates; or, in the case of an association operating a phase
 1026  condominium created pursuant to s. 718.403, 7 years after the
 1027  date of the recording of the certificate of a surveyor and
 1028  mapper pursuant to s. 718.104(4)(e) or the recording of an
 1029  instrument that transfers title to a unit which is not
 1030  accompanied by a recorded assignment of developer rights in
 1031  favor of the grantee of such unit, whichever occurs first.
 1032  
 1033  The developer is entitled to elect at least one member of the
 1034  board of administration of an association as long as the
 1035  developer holds for sale in the ordinary course of business at
 1036  least 5 percent, in condominiums with fewer than 500 units, and
 1037  2 percent, in condominiums with more than 500 units, of the
 1038  units in a condominium operated by the association. After the
 1039  developer relinquishes control of the association, the developer
 1040  may exercise the right to vote any developer-owned units in the
 1041  same manner as any other unit owner except for purposes of
 1042  reacquiring control of the association or selecting a the
 1043  majority of the members of the board of administration.
 1044         (4) At the time that unit owners other than the developer
 1045  elect a majority of the members of the board of administration
 1046  of an association, the developer or bulk-unit purchaser shall
 1047  relinquish control of the association, and the unit owners shall
 1048  accept control. Simultaneously, or for the purposes of paragraph
 1049  (c) not more than 90 days thereafter, the developer or bulk-unit
 1050  purchaser shall deliver to the association, at the developer’s
 1051  or bulk-unit purchaser’s expense, all property of the unit
 1052  owners and of the association which is held or controlled by the
 1053  developer or bulk-unit purchaser, including, but not limited to,
 1054  the following items, if applicable, as to each condominium
 1055  operated by the association:
 1056         (a)1. The original or a photocopy of the recorded
 1057  declaration of condominium and all amendments thereto. If a
 1058  photocopy is provided, it must be certified by affidavit of the
 1059  developer, a bulk-unit purchaser, or an officer or agent of the
 1060  developer or bulk-unit purchaser as being a complete copy of the
 1061  actual recorded declaration.
 1062         2. A certified copy of the articles of incorporation of the
 1063  association or, if the association was created before prior to
 1064  the effective date of this act and it is not incorporated,
 1065  copies of the documents creating the association.
 1066         3. A copy of the bylaws.
 1067         4. The minute books, including all minutes, and other books
 1068  and records of the association, if any.
 1069         5. Any house rules and regulations that have been adopted
 1070  promulgated.
 1071         (b) Resignations of officers and members of the board of
 1072  administration who are required to resign because the developer
 1073  or bulk-unit purchaser is required to relinquish control of the
 1074  association.
 1075         (c) The financial records, including financial statements
 1076  of the association, and source documents from the incorporation
 1077  of the association through the date of turnover. The records
 1078  must be audited for the period from the incorporation of the
 1079  association or from the period covered by the last audit, if an
 1080  audit has been performed for each fiscal year since
 1081  incorporation, by an independent certified public accountant.
 1082  All financial statements must be prepared in accordance with
 1083  generally accepted accounting principles and must be audited in
 1084  accordance with generally accepted auditing standards, as
 1085  prescribed by the Florida Board of Accountancy, pursuant to
 1086  chapter 473. The accountant performing the audit shall examine
 1087  to the extent necessary supporting documents and records,
 1088  including the cash disbursements and related paid invoices, to
 1089  determine whether if expenditures were for association purposes
 1090  and the billings, cash receipts, and related records to
 1091  determine whether that the developer or bulk-unit purchaser was
 1092  charged and paid the proper amounts of assessments.
 1093         (d) Association funds or control thereof.
 1094         (e) All tangible personal property that is property of the
 1095  association, which is represented by the developer or bulk-unit
 1096  purchaser to be part of the common elements or which is
 1097  ostensibly part of the common elements, and an inventory of that
 1098  property.
 1099         (f) A copy of the plans and specifications used utilized in
 1100  the construction or remodeling of improvements and the supplying
 1101  of equipment to the condominium and in the construction and
 1102  installation of all mechanical components serving the
 1103  improvements and the site with a certificate in affidavit form
 1104  of the developer, the bulk-unit purchaser, or the developer’s or
 1105  bulk-unit purchaser’s agent or an architect or engineer
 1106  authorized to practice in this state that such plans and
 1107  specifications represent, to the best of his or her knowledge
 1108  and belief, the actual plans and specifications used utilized in
 1109  the construction and improvement of the condominium property and
 1110  for the construction and installation of the mechanical
 1111  components serving the improvements. If the condominium property
 1112  has been declared a condominium more than 3 years after the
 1113  completion of construction or remodeling of the improvements,
 1114  the requirements of this paragraph does do not apply.
 1115         (g) A list of the names and addresses of all contractors,
 1116  subcontractors, and suppliers used utilized in the construction
 1117  or remodeling of the improvements and in the landscaping of the
 1118  condominium or association property which the developer or bulk
 1119  unit purchaser had knowledge of at any time in the development
 1120  of the condominium.
 1121         (h) Insurance policies.
 1122         (i) Copies of any certificates of occupancy that may have
 1123  been issued for the condominium property.
 1124         (j) Any other permits applicable to the condominium
 1125  property which have been issued by governmental bodies and are
 1126  in force or were issued within 1 year before prior to the date
 1127  the unit owners other than the developer or bulk-unit purchaser
 1128  took control of the association.
 1129         (k) All written warranties of the contractor,
 1130  subcontractors, suppliers, and manufacturers, if any, that are
 1131  still effective.
 1132         (l) A roster of unit owners and their addresses and
 1133  telephone numbers, if known, as shown on the developer’s or
 1134  bulk-unit purchaser’s records.
 1135         (m) Leases of the common elements and other leases to which
 1136  the association is a party.
 1137         (n) Employment contracts or service contracts in which the
 1138  association is one of the contracting parties or service
 1139  contracts in which the association or the unit owners have an
 1140  obligation or responsibility, directly or indirectly, to pay
 1141  some or all of the fee or charge of the person or persons
 1142  performing the service.
 1143         (o) All other contracts to which the association is a
 1144  party.
 1145         (p) A report included in the official records, under seal
 1146  of an architect or engineer authorized to practice in this
 1147  state, attesting to required maintenance, useful life, and
 1148  replacement costs of the following applicable common elements
 1149  comprising a turnover inspection report:
 1150         1. Roof.
 1151         2. Structure.
 1152         3. Fireproofing and fire protection systems.
 1153         4. Elevators.
 1154         5. Heating and cooling systems.
 1155         6. Plumbing.
 1156         7. Electrical systems.
 1157         8. Swimming pool or spa and equipment.
 1158         9. Seawalls.
 1159         10. Pavement and parking areas.
 1160         11. Drainage systems.
 1161         12. Painting.
 1162         13. Irrigation systems.
 1163         (q) A copy of the certificate of a surveyor and mapper
 1164  recorded pursuant to s. 718.104(4)(e) or the recorded instrument
 1165  that transfers title to a unit in the condominium which is not
 1166  accompanied by a recorded assignment of developer or bulk-unit
 1167  purchaser rights in favor of the grantee of such unit, whichever
 1168  occurred first.
 1169         Section 10. Subsections (1) through (4) of section 718.302,
 1170  Florida Statutes, are amended to read:
 1171         718.302 Agreements entered into by the association.—
 1172         (1) A Any grant or reservation made by a declaration,
 1173  lease, or other document, and a any contract made by an
 1174  association before prior to assumption of control of the
 1175  association by unit owners other than the developer, a bulk-unit
 1176  purchaser, or a lender-unit purchaser, which that provides for
 1177  operation, maintenance, or management of a condominium
 1178  association or property serving the unit owners of a condominium
 1179  must shall be fair and reasonable, and such grant, reservation,
 1180  or contract may be canceled by unit owners other than the
 1181  developer or a bulk-unit purchaser. A lender-unit purchaser may
 1182  not vote on cancellation of a grant, reservation, or contract
 1183  made by the association while the association is under control
 1184  of that lender-unit purchaser.:
 1185         (a) If the association operates only one condominium and
 1186  the unit owners other than the developer, a bulk-unit purchaser,
 1187  or a lender-unit purchaser have assumed control of the
 1188  association, or if the unit owners other than the developer, a
 1189  bulk-unit purchaser, or a lender-unit purchaser own at least not
 1190  less than 75 percent of the voting interests in the condominium,
 1191  the cancellation shall be by concurrence of the owners of at
 1192  least not less than 75 percent of the voting interests other
 1193  than the voting interests owned by the developer, a bulk-unit
 1194  purchaser, or a lender-unit purchaser. If a grant, reservation,
 1195  or contract is so canceled and the unit owners other than the
 1196  developer or a bulk-unit purchaser have not assumed control of
 1197  the association, the association shall make a new contract or
 1198  otherwise provide for maintenance, management, or operation in
 1199  lieu of the canceled obligation, at the direction of the owners
 1200  of not less than a majority of the voting interests in the
 1201  condominium other than the voting interests owned by the
 1202  developer, a bulk-unit purchaser, or a lender-unit purchaser.
 1203         (b) If the association operates more than one condominium
 1204  and the unit owners other than the developer, a bulk-unit
 1205  purchaser, or a lender-unit purchaser have not assumed control
 1206  of the association, and if the unit owners other than the
 1207  developer or a bulk-unit purchaser own at least 75 percent of
 1208  the voting interests in a condominium operated by the
 1209  association, any grant, reservation, or contract for
 1210  maintenance, management, or operation of buildings containing
 1211  the units in that condominium or of improvements used only by
 1212  the unit owners of that condominium may be canceled by
 1213  concurrence of the owners of at least 75 percent of the voting
 1214  interests in the condominium other than the voting interests
 1215  owned by the developer or a bulk-unit purchaser. A No grant,
 1216  reservation, or contract for maintenance, management, or
 1217  operation of recreational areas or any other property serving
 1218  more than one condominium, and operated by more than one
 1219  association, may not be canceled except pursuant to paragraph
 1220  (d).
 1221         (c) If the association operates more than one condominium
 1222  and the unit owners other than the developer, a bulk-unit
 1223  purchaser, or a lender-unit purchaser have assumed control of
 1224  the association, the cancellation shall be by concurrence of the
 1225  owners of at least not less than 75 percent of the total number
 1226  of voting interests in all condominiums operated by the
 1227  association other than the voting interests owned by the
 1228  developer or a bulk-unit purchaser.
 1229         (d) If the owners of units in a condominium have the right
 1230  to use property in common with owners of units in other
 1231  condominiums and those condominiums are operated by more than
 1232  one association, a no grant, reservation, or contract for
 1233  maintenance, management, or operation of the property serving
 1234  more than one condominium may not be canceled until the unit
 1235  owners other than the developer, a bulk-unit purchaser, or a
 1236  lender-unit purchaser have assumed control of all of the
 1237  associations operating the condominiums that are to be served by
 1238  the recreational area or other property, after which
 1239  cancellation may be effected by concurrence of the owners of at
 1240  least not less than 75 percent of the total number of voting
 1241  interests in those condominiums other than voting interests
 1242  owned by the developer, a bulk-unit purchaser, or a lender-unit
 1243  purchaser.
 1244         (2) A Any grant or reservation made by a declaration,
 1245  lease, or other document, or a any contract made by the
 1246  developer or association before prior to the time when unit
 1247  owners other than the developer or a bulk-unit purchaser elect a
 1248  majority of the board of administration, which grant,
 1249  reservation, or contract requires the association to purchase
 1250  condominium property or to lease condominium property to another
 1251  party, shall be deemed ratified unless rejected by a majority of
 1252  the voting interests of the unit owners other than the developer
 1253  or a bulk-unit purchaser within 18 months after the unit owners
 1254  other than the developer or a bulk-unit purchaser elect a
 1255  majority of the board of administration. A lender-unit purchaser
 1256  may not vote on cancellation of a grant, reservation, or
 1257  contract made by the association while the association is under
 1258  control of that lender-unit purchaser. This subsection does not
 1259  apply to a any grant or reservation made by a declaration under
 1260  which whereby persons other than the developer or the
 1261  developer’s or bulk-unit purchaser’s heirs, assigns, affiliates,
 1262  directors, officers, or employees are granted the right to use
 1263  the condominium property, if so long as such persons are
 1264  obligated to pay at least, at a minimum, a proportionate share
 1265  of the cost associated with such property.
 1266         (3) A Any grant or reservation made by a declaration,
 1267  lease, or other document, and a any contract made by an
 1268  association, whether before or after assumption of control of
 1269  the association by unit owners other than the developer, a bulk
 1270  unit purchaser, or a lender-unit purchaser, which that provides
 1271  for operation, maintenance, or management of a condominium
 1272  association or property serving the unit owners of a condominium
 1273  may shall not be in conflict with the powers and duties of the
 1274  association or the rights of the unit owners as provided in this
 1275  chapter. This subsection is intended only as a clarification of
 1276  existing law.
 1277         (4) A Any grant or reservation made by a declaration,
 1278  lease, or other document, and a any contract made by an
 1279  association before prior to assumption of control of the
 1280  association by unit owners other than the developer, a bulk-unit
 1281  purchaser, or a lender-unit purchaser, must shall be fair and
 1282  reasonable.
 1283         Section 11. Subsections (3), (4), and (5) of section
 1284  718.303, Florida Statutes, are amended, and subsection (7) is
 1285  added to that section, to read:
 1286         718.303 Obligations of owners and occupants; remedies.—
 1287         (3) The association may levy reasonable fines for the
 1288  failure of the owner of the unit or its occupant, licensee, or
 1289  invitee to comply with any provision of the declaration, the
 1290  association bylaws, or reasonable rules of the association. A
 1291  fine may not become a lien against a unit. A fine may be levied
 1292  by the board or its authorized designee on the basis of each day
 1293  of a continuing violation, with a single notice and opportunity
 1294  for hearing before an impartial committee as provided in
 1295  paragraph (b). However, the fine may not exceed $100 per
 1296  violation, or $1,000 in the aggregate.
 1297         (a) An association may suspend, for a reasonable period of
 1298  time, the right of a unit owner, or a unit owner’s tenant,
 1299  guest, or invitee, to use the common elements, common
 1300  facilities, or any other association property for failure to
 1301  comply with any provision of the declaration, the association
 1302  bylaws, or reasonable rules of the association. This paragraph
 1303  does not apply to limited common elements intended to be used
 1304  only by that unit, common elements needed to access the unit,
 1305  utility services provided to the unit, parking spaces, or
 1306  elevators.
 1307         (b) A fine or suspension levied by the board of
 1308  administration or its authorized designee may not be imposed
 1309  unless the board association first provides at least 14 days’
 1310  written notice and an opportunity for a hearing to the unit
 1311  owner and, if applicable, its occupant, licensee, or invitee.
 1312  The hearing must be held before an impartial a committee of
 1313  other unit owners who are neither board members, nor persons
 1314  residing in a board member’s household, the board’s authorized
 1315  designee, nor persons residing in the household of the board’s
 1316  authorized designee. The role of the impartial committee is
 1317  limited to determining whether to confirm or reject the fine or
 1318  suspension levied by the board. If the impartial committee does
 1319  not agree, the fine or suspension may not be imposed.
 1320         (4) If a unit owner is more than 90 days delinquent in
 1321  paying a fee, fine, or other monetary obligation due to the
 1322  association, the association may suspend the right of the unit
 1323  owner or the unit’s occupant, licensee, or invitee to use common
 1324  elements, common facilities, or any other association property
 1325  until the fee, fine, or other monetary obligation is paid in
 1326  full. This subsection does not apply to limited common elements
 1327  intended to be used only by that unit, common elements needed to
 1328  access the unit, utility services provided to the unit, parking
 1329  spaces, or elevators. The notice and hearing requirements under
 1330  subsection (3) do not apply to suspensions imposed under this
 1331  subsection.
 1332         (5) An association may suspend the voting rights of a unit
 1333  or member due to nonpayment of any fee, fine, or other monetary
 1334  obligation due to the association which is more than 90 days
 1335  delinquent. A voting interest or consent right allocated to a
 1336  unit or member which has been suspended by the association shall
 1337  be subtracted from may not be counted towards the total number
 1338  of voting interests in the association, which shall be reduced
 1339  by the number of suspended voting interests when calculating the
 1340  total percentage or number of all voting interests available to
 1341  take or approve any action, and the suspended voting interests
 1342  may not be considered for any purpose, including, but not
 1343  limited to, the percentage or number of voting interests
 1344  necessary to constitute a quorum, the percentage or number of
 1345  voting interests required to conduct an election, or the
 1346  percentage or number of voting interests required to approve an
 1347  action under this chapter or pursuant to the declaration,
 1348  articles of incorporation, or bylaws. The suspension ends upon
 1349  full payment of all obligations currently due or overdue the
 1350  association. The notice and hearing requirements under
 1351  subsection (3) do not apply to a suspension imposed under this
 1352  subsection.
 1353         (7) The suspensions permitted by paragraph (3)(a) and
 1354  subsections (4) and (5) apply to a member and, when appropriate,
 1355  the member’s tenants, guests, or invitees, even if the
 1356  delinquency or failure that resulted in the suspension arose
 1357  from less than all of the multiple units owned by the member.
 1358         Section 12. Subsection (1) of section 718.501, Florida
 1359  Statutes, is amended to read:
 1360         718.501 Authority, responsibility, and duties of Division
 1361  of Florida Condominiums, Timeshares, and Mobile Homes.—
 1362         (1) The division may enforce and ensure compliance with the
 1363  provisions of this chapter and rules relating to the
 1364  development, construction, sale, lease, ownership, operation,
 1365  and management of residential condominium units. In performing
 1366  its duties, the division has complete jurisdiction to
 1367  investigate complaints and enforce compliance with respect to
 1368  associations that are still under the control of the developer,
 1369  the control of a bulk-unit purchaser or lender-unit purchaser,
 1370  or the control of a bulk assignee or bulk buyer pursuant to part
 1371  VII of this chapter and complaints against developers, bulk-unit
 1372  purchasers, lender-unit purchasers, bulk assignees, or bulk
 1373  buyers involving improper turnover or failure to turnover,
 1374  pursuant to s. 718.301. However, after turnover has occurred,
 1375  the division has jurisdiction to investigate only complaints
 1376  related only to financial issues, elections, and unit owner
 1377  access to association records pursuant to s. 718.111(12).
 1378         (a)1. The division may make necessary public or private
 1379  investigations within or outside this state to determine whether
 1380  any person has violated this chapter or any rule or order
 1381  hereunder, to aid in the enforcement of this chapter, or to aid
 1382  in the adoption of rules or forms.
 1383         2. The division may submit any official written report,
 1384  worksheet, or other related paper, or a duly certified copy
 1385  thereof, compiled, prepared, drafted, or otherwise made by and
 1386  duly authenticated by a financial examiner or analyst to be
 1387  admitted as competent evidence in any hearing in which the
 1388  financial examiner or analyst is available for cross-examination
 1389  and attests under oath that such documents were prepared as a
 1390  result of an examination or inspection conducted pursuant to
 1391  this chapter.
 1392         (b) The division may require or permit any person to file a
 1393  statement in writing, under oath or otherwise, as the division
 1394  determines, as to the facts and circumstances concerning a
 1395  matter to be investigated.
 1396         (c) For the purpose of any investigation under this
 1397  chapter, the division director or any officer or employee
 1398  designated by the division director may administer oaths or
 1399  affirmations, subpoena witnesses and compel their attendance,
 1400  take evidence, and require the production of any matter that
 1401  which is relevant to the investigation, including the existence,
 1402  description, nature, custody, condition, and location of any
 1403  books, documents, or other tangible things and the identity and
 1404  location of persons having knowledge of relevant facts or any
 1405  other matter reasonably calculated to lead to the discovery of
 1406  material evidence. Upon the failure of by a person to obey a
 1407  subpoena or to answer questions propounded by the investigating
 1408  officer and upon reasonable notice to all affected persons, the
 1409  division may apply to the circuit court for an order compelling
 1410  compliance.
 1411         (d) Notwithstanding any remedies available to unit owners
 1412  and associations, if the division has reasonable cause to
 1413  believe that a violation of any provision of this chapter or a
 1414  related rule has occurred, the division may institute
 1415  enforcement proceedings in its own name against any developer,
 1416  bulk-unit purchaser, lender-unit purchaser, bulk assignee, bulk
 1417  buyer, association, officer, or member of the board of
 1418  administration, or his or her its assignees or agents, as
 1419  follows:
 1420         1. The division may permit a person whose conduct or
 1421  actions may be under investigation to waive formal proceedings
 1422  and enter into a consent proceeding under which whereby orders,
 1423  rules, or letters of censure or warning, whether formal or
 1424  informal, may be entered against the person.
 1425         2. The division may issue an order requiring the developer,
 1426  bulk-unit purchaser, lender-unit purchaser, bulk assignee, bulk
 1427  buyer, association, developer-designated officer, or developer
 1428  designated member of the board of administration, or his or her
 1429  developer-designated assignees or agents, the bulk assignee
 1430  designated assignees or agents, bulk buyer-designated assignees
 1431  or agents, community association manager, or the community
 1432  association management firm to cease and desist from the
 1433  unlawful practice and take such affirmative action as in the
 1434  judgment of the division to carry out the purposes of this
 1435  chapter. If the division finds that a developer, bulk-unit
 1436  purchaser, lender-unit purchaser, bulk assignee, bulk buyer,
 1437  association, officer, or member of the board of administration,
 1438  or his or her its assignees or agents, is violating or is about
 1439  to violate any provision of this chapter, any rule adopted or
 1440  order issued by the division, or any written agreement entered
 1441  into with the division, and the violation presents an immediate
 1442  danger to the public requiring an immediate final order, it may
 1443  issue an emergency cease and desist order reciting with
 1444  particularity the facts underlying such findings. The emergency
 1445  cease and desist order is effective for 90 days. If the division
 1446  begins nonemergency cease and desist proceedings, the emergency
 1447  cease and desist order remains effective until the conclusion of
 1448  the proceedings under ss. 120.569 and 120.57.
 1449         3. If a developer, bulk-unit purchaser, lender-unit
 1450  purchaser, bulk assignee, or bulk buyer, fails to pay any
 1451  restitution determined by the division to be owed and, plus any
 1452  accrued interest charged at the highest rate permitted by law,
 1453  within 30 days after expiration of any appellate time period of
 1454  a final order requiring payment of restitution or the conclusion
 1455  of any appeal thereof, whichever is later, the division shall
 1456  must bring an action in circuit or county court on behalf of any
 1457  association, class of unit owners, lessees, or purchasers for
 1458  restitution, declaratory relief, injunctive relief, or any other
 1459  available remedy. The division may also temporarily revoke its
 1460  acceptance of the filing for the developer, bulk-unit purchaser,
 1461  or lender-unit purchaser, to which the restitution relates until
 1462  payment of restitution is made.
 1463         4. The division may petition the court for appointment of a
 1464  receiver or conservator who,. if appointed, the receiver or
 1465  conservator may take action to implement the court order to
 1466  ensure the performance of the order and to remedy any breach
 1467  thereof. In addition to all other means provided by law for the
 1468  enforcement of an injunction or temporary restraining order, the
 1469  circuit court may impound or sequester the property of a party
 1470  defendant, including books, papers, documents, and related
 1471  records, and allow the examination and use of the property by
 1472  the division and a court-appointed receiver or conservator.
 1473         5. The division may apply to the circuit court for an order
 1474  of restitution under which whereby the defendant in an action
 1475  brought pursuant to subparagraph 4. is ordered to make
 1476  restitution of those sums shown by the division to have been
 1477  obtained by the defendant in violation of this chapter. At the
 1478  option of the court, such restitution is payable to the
 1479  conservator or receiver appointed pursuant to subparagraph 4. or
 1480  directly to the persons whose funds or assets were obtained in
 1481  violation of this chapter.
 1482         6. The division may impose a civil penalty against a
 1483  developer, bulk-unit purchaser, lender-unit purchaser, bulk
 1484  assignee, or bulk buyer, or association, or its assignee or
 1485  agent, for a any violation of this chapter or a related rule.
 1486  The division may impose a civil penalty individually against an
 1487  officer or board member who willfully and knowingly violates a
 1488  provision of this chapter, an adopted rule, or a final order of
 1489  the division; may order the removal of such individual as an
 1490  officer or from the board of administration or as an officer of
 1491  the association; and may prohibit such individual from serving
 1492  as an officer or on the board of a community association for a
 1493  period of time. The term “willfully and knowingly” means that
 1494  the division informed the officer or board member that his or
 1495  her action or intended action violates this chapter, a rule
 1496  adopted under this chapter, or a final order of the division and
 1497  that the officer or board member refused to comply with the
 1498  requirements of this chapter, a rule adopted under this chapter,
 1499  or a final order of the division. The division, Before
 1500  initiating formal agency action under chapter 120, the division
 1501  must afford the officer or board member an opportunity to
 1502  voluntarily comply, and an officer or board member who complies
 1503  within 10 days is not subject to a civil penalty. A penalty may
 1504  be imposed on the basis of each day of continuing violation, but
 1505  the penalty for any offense may not exceed $5,000. By January 1,
 1506  1998, The division shall adopt, by rule, penalty guidelines
 1507  applicable to possible violations or to categories of violations
 1508  of this chapter or rules adopted by the division. The guidelines
 1509  must specify a meaningful range of civil penalties for each such
 1510  violation of the statute and rules and must be based upon the
 1511  harm caused by the violation, the repetition of the violation,
 1512  and upon such other factors deemed relevant by the division. For
 1513  example, The division may consider whether the violations were
 1514  committed by a developer, bulk-unit purchaser, lender-unit
 1515  purchaser, bulk assignee, or bulk buyer, or owner-controlled
 1516  association, the size of the association, and other factors. The
 1517  guidelines must designate the possible mitigating or aggravating
 1518  circumstances that justify a departure from the range of
 1519  penalties provided by the rules. It is the legislative intent
 1520  that minor violations be distinguished from those that which
 1521  endanger the health, safety, or welfare of the condominium
 1522  residents or other persons and that such guidelines provide
 1523  reasonable and meaningful notice to the public of likely
 1524  penalties that may be imposed for proscribed conduct. This
 1525  subsection does not limit the ability of the division to
 1526  informally dispose of administrative actions or complaints by
 1527  stipulation, agreed settlement, or consent order. All amounts
 1528  collected shall be deposited with the Chief Financial Officer to
 1529  the credit of the Division of Florida Condominiums, Timeshares,
 1530  and Mobile Homes Trust Fund. If a developer, bulk-unit
 1531  purchaser, lender-unit purchaser, bulk assignee, or bulk buyer
 1532  fails to pay the civil penalty and the amount deemed to be owed
 1533  to the association, the division shall issue an order directing
 1534  that such developer, bulk-unit purchaser, lender-unit purchaser,
 1535  bulk assignee, or bulk buyer cease and desist from further
 1536  operation until such time as the civil penalty is paid or may
 1537  pursue enforcement of the penalty in a court of competent
 1538  jurisdiction. If an association fails to pay the civil penalty,
 1539  the division shall pursue enforcement in a court of competent
 1540  jurisdiction, and the order imposing the civil penalty or the
 1541  cease and desist order is not effective until 20 days after the
 1542  date of such order. Any action commenced by the division shall
 1543  be brought in the county in which the division has its executive
 1544  offices or in the county where the violation occurred.
 1545         7. If a unit owner presents the division with proof that
 1546  the unit owner has requested access to official records in
 1547  writing by certified mail, and that after 10 days the unit owner
 1548  again made the same request for access to official records in
 1549  writing by certified mail, and that more than 10 days has
 1550  elapsed since the second request and the association has still
 1551  failed or refused to provide access to official records as
 1552  required by this chapter, the division shall issue a subpoena
 1553  requiring production of the requested records where the records
 1554  are kept pursuant to s. 718.112.
 1555         8. In addition to subparagraph 6., the division may seek
 1556  the imposition of a civil penalty through the circuit court for
 1557  any violation for which the division may issue a notice to show
 1558  cause under paragraph (r). The civil penalty shall be at least
 1559  $500 but no more than $5,000 for each violation. The court may
 1560  also award to the prevailing party court costs and reasonable
 1561  attorney attorney’s fees and, if the division prevails, may also
 1562  award reasonable costs of investigation.
 1563         (e) The division may prepare and disseminate a prospectus
 1564  and other information to assist prospective owners, purchasers,
 1565  lessees, and developers of residential condominiums in assessing
 1566  the rights, privileges, and duties pertaining thereto.
 1567         (f) The division may adopt rules to administer and enforce
 1568  the provisions of this chapter.
 1569         (g) The division shall establish procedures for providing
 1570  notice to an association and the developer, bulk-unit purchaser,
 1571  lender-unit purchaser, bulk assignee, or bulk buyer during the
 1572  period in which the developer, bulk-unit purchaser, lender-unit
 1573  purchaser, bulk assignee, or bulk buyer controls the association
 1574  if the division is considering the issuance of a declaratory
 1575  statement with respect to the declaration of condominium or any
 1576  related document governing such condominium community.
 1577         (h) The division shall furnish each association that pays
 1578  the fees required by paragraph (2)(a) a copy of this chapter, as
 1579  amended, and the rules adopted thereto on an annual basis.
 1580         (i) The division shall annually provide each association
 1581  with a summary of declaratory statements and formal legal
 1582  opinions relating to the operations of condominiums which were
 1583  rendered by the division during the previous year.
 1584         (j) The division shall provide training and educational
 1585  programs for condominium association board members and unit
 1586  owners. The training may, at in the division’s discretion,
 1587  include web-based electronic media, and live training and
 1588  seminars in various locations throughout the state. The division
 1589  may review and approve education and training programs for board
 1590  members and unit owners offered by providers, and shall maintain
 1591  a current list of approved programs and providers, and shall
 1592  make such list available to board members and unit owners in a
 1593  reasonable and cost-effective manner.
 1594         (k) The division shall maintain a toll-free telephone
 1595  number accessible to condominium unit owners.
 1596         (l) The division shall develop a program to certify both
 1597  volunteer and paid mediators to provide mediation of condominium
 1598  disputes. Upon request, the division shall provide, upon
 1599  request, a list of such mediators to any association, unit
 1600  owner, or other participant in arbitration proceedings under s.
 1601  718.1255 requesting a copy of the list. The division shall
 1602  include on the list of volunteer mediators only the names of
 1603  individuals persons who have received at least 20 hours of
 1604  training in mediation techniques or who have mediated at least
 1605  20 disputes. In order to become initially certified by the
 1606  division, paid mediators must be certified by the Supreme Court
 1607  to mediate court cases in county or circuit courts. However, the
 1608  division may adopt, by rule, additional factors for the
 1609  certification of paid mediators, which must be related to
 1610  experience, education, or background. In order to continue to be
 1611  certified, an individual Any person initially certified as a
 1612  paid mediator by the division must, in order to continue to be
 1613  certified, comply with the factors or requirements adopted by
 1614  rule.
 1615         (m) If a complaint is made, the division shall must conduct
 1616  its inquiry with due regard for the interests of the affected
 1617  parties. Within 30 days after receipt of a complaint, the
 1618  division shall acknowledge the complaint in writing and notify
 1619  the complainant as to whether the complaint is within the
 1620  jurisdiction of the division and whether additional information
 1621  is needed by the division from the complainant. The division
 1622  shall conduct its investigation and, within 90 days after
 1623  receipt of the original complaint or of timely requested
 1624  additional information, take action upon the complaint. However,
 1625  the failure to complete the investigation within 90 days does
 1626  not prevent the division from continuing the investigation,
 1627  accepting or considering evidence obtained or received after 90
 1628  days, or taking administrative action if reasonable cause exists
 1629  to believe that a violation of this chapter or a rule has
 1630  occurred. If an investigation is not completed within the time
 1631  limits established in this paragraph, the division shall, on a
 1632  monthly basis, notify the complainant in writing of the status
 1633  of the investigation. When reporting its action to the
 1634  complainant, the division shall inform the complainant of any
 1635  right to a hearing pursuant to ss. 120.569 and 120.57.
 1636         (n) Condominium association directors, officers, and
 1637  employees; condominium developers; bulk-unit purchasers, lender
 1638  unit purchasers, bulk assignees, bulk buyers, and community
 1639  association managers; and community association management firms
 1640  have an ongoing duty to reasonably cooperate with the division
 1641  in any investigation pursuant to this section. The division
 1642  shall refer to local law enforcement authorities any person who
 1643  whom the division believes has altered, destroyed, concealed, or
 1644  removed any record, document, or thing required to be kept or
 1645  maintained by this chapter with the purpose to impair its verity
 1646  or availability in the department’s investigation.
 1647         (o) The division may:
 1648         1. Contract with agencies in this state or other
 1649  jurisdictions to perform investigative functions; or
 1650         2. Accept grants-in-aid from any source.
 1651         (p) The division shall cooperate with similar agencies in
 1652  other jurisdictions to establish uniform filing procedures and
 1653  forms, public offering statements, advertising standards, and
 1654  rules and common administrative practices.
 1655         (q) The division shall consider notice to a developer,
 1656  bulk-unit purchaser, lender-unit purchaser, bulk assignee, or
 1657  bulk buyer to be complete when it is delivered to the address of
 1658  the developer, bulk-unit purchaser, lender-unit purchaser, bulk
 1659  assignee, or bulk buyer currently on file with the division.
 1660         (r) In addition to its enforcement authority, the division
 1661  may issue a notice to show cause, which must provide for a
 1662  hearing, upon written request, in accordance with chapter 120.
 1663         (s) The division shall submit to the Governor, the
 1664  President of the Senate, the Speaker of the House of
 1665  Representatives, and the chairs of the legislative
 1666  appropriations committees an annual report that includes, but
 1667  need not be limited to, the number of training programs provided
 1668  for condominium association board members and unit owners;, the
 1669  number of complaints received, by type;, the number and percent
 1670  of complaints acknowledged in writing within 30 days and the
 1671  number and percent of investigations acted upon within 90 days
 1672  in accordance with paragraph (m);, and the number of
 1673  investigations exceeding the 90-day requirement. The annual
 1674  report must also include an evaluation of the division’s core
 1675  business processes and make recommendations for improvements,
 1676  including statutory changes. The report shall be submitted by
 1677  September 30 following the end of the fiscal year.
 1678         Section 13. Section 718.709, Florida Statutes, is created
 1679  to read:
 1680         718.709 Applicability.—Sections 718.701-718.708, relating
 1681  to the Distressed Condominium Relief Act, apply to title to
 1682  units acquired on or after July 1, 2010, but before July 1,
 1683  2016.
 1684         Section 14. Part VIII of chapter 718, Florida Statutes,
 1685  consisting of sections 718.801-718.813, is created to read:
 1686                              PART VIII                            
 1687           BULK-UNIT PURCHASERS AND LENDER-UNIT PURCHASERS         
 1688         718.801 Legislative intent.—The Legislature declares that
 1689  it is the public policy of this state to protect the interests
 1690  of developers, lenders, unit owners, and condominium
 1691  associations with regard to bulk-unit purchasers or lender-unit
 1692  purchasers of condominium units and that there is a need to
 1693  balance such interests by limiting the applicability of the
 1694  Distressed Condominium Relief Act. Notwithstanding the
 1695  limitation, the Distressed Condominium Relief Act applies to
 1696  title acquired on or after July 1, 2010, but before July 1,
 1697  2016.
 1698         718.802 Definitions.—As used in this part, the term:
 1699         (1) “Bulk assignee” means a person who is not a bulk buyer
 1700  and who:
 1701         (a) Acquires more than seven condominium parcels in a
 1702  single condominium;
 1703         (b) Receives an assignment of any of the developer rights,
 1704  other than or in addition to those rights described in
 1705  subsection (3), as set forth in the declaration of condominium
 1706  or this chapter:
 1707         1. By a written instrument recorded as part of or as an
 1708  exhibit of the deed;
 1709         2. By a separate instrument recorded in the public records
 1710  of the county in which the condominium is located; or
 1711         3. Pursuant to a final judgment or certificate of title
 1712  issued in favor of a purchaser at a foreclosure sale; and
 1713         (c) Acquired condominium parcels on or after July 1, 2010,
 1714  but before July 1, 2016. The date of such acquisition shall be
 1715  determined by the date of recording a deed or other instrument
 1716  of conveyance for such parcels in the public records of the
 1717  county in which the condominium is located, or by the date of
 1718  issuing a certificate of title in a foreclosure proceeding with
 1719  respect to such condominium parcels.
 1720  
 1721  A mortgagee or its assignee may not be deemed a bulk assignee or
 1722  developer by reason of the acquisition of condominium units and
 1723  receipt of an assignment of some or all of a developer’s rights
 1724  unless the mortgage or its assignee exercises any of the
 1725  developer rights other than those described in subsection (3).
 1726         (2)“Bulk-unit purchaser” means a person who acquires title
 1727  to the greater of at least eight units or 20 percent of the
 1728  units that ultimately will be operated by the same association,
 1729  as provided in the declaration, articles of incorporation, or
 1730  bylaws as originally recorded. Multiple bulk-unit purchasers may
 1731  be members of an association simultaneously or successively.
 1732  There may be one or more bulk-unit purchasers while the
 1733  developer still owns units operated by the association. A person
 1734  who acquires title to units or timeshare interests in a
 1735  condominium, which units or timeshare interests are or
 1736  ultimately will be included in a timeshare plan governed by
 1737  chapter 721, may elect to be a bulk-unit purchaser pursuant to
 1738  s. 718.813. The term does not include a lender-unit purchaser.
 1739  Further, the term does not include an acquirer of units if any
 1740  transfer of title to the acquirer is made:
 1741         (a) With intent to defraud or materially harm a purchaser,
 1742  a unit owner, or the association;
 1743         (b) Where the acquirer is a person or limited liability
 1744  company that would be an insider, as defined in s. 726.102, of
 1745  the bulk-unit purchaser or of the developer; or
 1746         (c) As a fraudulent transfer under chapter 726.
 1747         (3) “Bulk buyer” means a person who acquired condominium
 1748  parcels on or after July 1, 2010, but before July 1, 2016, and
 1749  the date of acquisition shall be determined in the same manner
 1750  as in subsection (1). Further, the term means a person who
 1751  acquires more than seven condominium parcels in a single
 1752  condominium but who does not receive an assignment of any
 1753  developer rights or receives only some or all of the following
 1754  rights:
 1755         (a) The right to conduct sales, leasing, and marketing
 1756  activities within the condominium.
 1757         (b) The right to be exempt from the payment of working
 1758  capital contributions to the condominium association arising out
 1759  of, or in connection with, the bulk buyer’s acquisition of the
 1760  units.
 1761         (c) The right to be exempt from any rights of first refusal
 1762  which may be held by the condominium association and would
 1763  otherwise be applicable to subsequent transfers of title from
 1764  the bulk buyer to a third-party purchaser concerning one or more
 1765  units.
 1766         (4) “Lender-unit purchaser” means a person, or the person’s
 1767  successors, assigns, or wholly owned subsidiaries, who holds a
 1768  mortgage from a developer or from a bulk-unit purchaser on the
 1769  greater of at least eight units or 20 percent of the units that,
 1770  as provided in the declaration, articles of incorporation, or
 1771  bylaws as originally recorded, ultimately will be operated by
 1772  the same association; who subsequently obtains title to such
 1773  units through foreclosure or deed in lieu of foreclosure; and
 1774  who makes the election to become a lender-unit purchaser
 1775  pursuant to 718.808(4). However, a mortgagee or its wholly owned
 1776  subsidiary that acquires and sells units to one or more bulk
 1777  unit purchasers is not a developer or a lender-unit purchaser
 1778  with respect to the sale.
 1779         718.803 Exercise of rights.—
 1780         (1) A bulk-unit purchaser may exercise only the following
 1781  developer rights, provided such rights are contained in the
 1782  declaration:
 1783         (a) The right to conduct sales, leasing, and marketing
 1784  activities within the condominium, including the use of the
 1785  sales and leasing office.
 1786         (b) The right to assign limited common elements and use
 1787  rights to common elements and association property which were
 1788  not assigned before the bulk-unit purchaser acquired title to
 1789  the units. Such rights may include, without limitation, the
 1790  rights to garages, parking spaces, storage areas, and cabanas.
 1791  If there is more than one bulk-unit purchaser, this right must
 1792  be established in a written assignment from the developer which
 1793  specifies the bulk-unit purchaser who has such a right as to
 1794  specified limited common elements, common elements, and
 1795  association property.
 1796         (c) For a phase condominium, the right to add phases.
 1797         (2) If the initial purchaser of a unit from the developer
 1798  is required to make a working capital contribution to the
 1799  association, a bulk-unit purchaser shall pay a working capital
 1800  contribution to the association, which must be calculated in the
 1801  same manner for each unit acquired, upon the earlier of:
 1802         (a) Sale of a unit by the bulk-unit purchaser to a third
 1803  party other than the bulk-unit purchaser; or
 1804         (b) Five years from the date of acquisition of title to a
 1805  unit by the bulk-unit purchaser.
 1806         (3) If a bulk-unit purchaser exercises developer rights
 1807  other than those specified in subsection (1), he or she is no
 1808  longer deemed to be a bulk-unit purchaser, and this part does
 1809  not apply to such person.
 1810         (4) Except as set forth in this part, a lender-unit
 1811  purchaser may exercise any developer rights that the lender-unit
 1812  purchaser acquires.
 1813         718.804 Compliance.—A bulk-unit purchaser and a lender-unit
 1814  purchaser shall comply with all applicable requirements of s.
 1815  718.202 and part V of this chapter in connection with any units
 1816  that they own or sell.
 1817         718.805 Voting rights.—
 1818         (1) For the first 2 fiscal years following the first
 1819  conveyance of a unit to a bulk-unit purchaser or lender-unit
 1820  purchaser, the bulk-unit purchaser or lender-unit purchaser may
 1821  vote the voting interests allocated to his or her units to waive
 1822  reserves or reduce the funding of reserves. After these 2 fiscal
 1823  years, the bulk-unit purchaser or lender-unit purchaser may not
 1824  vote his or her voting interests to waive reserves or reduce the
 1825  funding of reserves until the bulk-unit purchaser or lender-unit
 1826  purchaser holds less than a majority of the voting interests in
 1827  the association.
 1828         (2) A bulk-unit purchaser or lender-unit purchaser may not
 1829  transfer his or her right to vote to waive reserves or reduce
 1830  the funding of reserves to other bulk-unit purchasers or lender
 1831  unit purchasers to extend the time period in subsection (1).
 1832         718.806 Assessment liability; election of directors.—
 1833         (1) BULK-UNIT PURCHASER ASSESSMENT LIABILITY.—A bulk-unit
 1834  purchaser is liable for all assessments on his or her units
 1835  which become due while the bulk-unit purchaser holds title to
 1836  such units. Additionally, the bulk-unit purchaser is jointly and
 1837  severally liable with the previous owner for all unpaid regular
 1838  periodic assessments and special assessments that became due
 1839  before the acquisition of title, for all other monetary
 1840  obligations accrued which are secured by the association’s lien,
 1841  and for all costs advanced by the association for the
 1842  maintenance and repair of the units acquired by the bulk-unit
 1843  purchaser.
 1844         (2) LENDER-UNIT PURCHASER ASSESSMENT LIABILITY.—The
 1845  liability of a lender-unit purchaser or his or her successors or
 1846  assignees for the units that the lender-unit purchaser owns is
 1847  limited to the lesser of:
 1848         (a) The units’ unpaid common expenses and the regular
 1849  periodic assessments that accrued or became due during the 12
 1850  months immediately preceding the lender-unit purchaser’s
 1851  acquisition of title and for which payment in full has not been
 1852  received by the association; or
 1853         (b) One percent of the original mortgage debt.
 1854  
 1855  The lender-unit purchaser acquiring title must comply with s.
 1856  718.116(1)(c).
 1857         (3) DIRECTOR ELECTED BY BULK-UNIT PURCHASER.—A director who
 1858  has been elected or appointed by a bulk-unit purchaser is
 1859  automatically suspended from board service for 30 days following
 1860  the failure of the bulk-unit purchaser to timely pay monetary
 1861  obligations on a unit the bulk-unit purchaser owns. The
 1862  remaining directors may temporarily fill the vacancy created by
 1863  the suspension. Once the bulk-unit purchaser has cured all
 1864  outstanding delinquencies on the unit, the suspended director
 1865  shall replace the temporary appointee and resume service on the
 1866  board for the unexpired term.
 1867         718.807 Amendments and material alterations.—
 1868         (1) The following amendments or alterations may not go into
 1869  effect unless approved by a majority vote of unit owners other
 1870  than the developer, a bulk-unit purchaser, or a lender-unit
 1871  purchaser:
 1872         (a) An amendment described in s. 718.110(4) or (8).
 1873         (b) An amendment creating, changing, or terminating leasing
 1874  restrictions.
 1875         (c) An amendment of the declaration pertaining to the
 1876  condominium’s status as housing for older persons.
 1877         (d) An amendment pursuant to s. 718.110(14) or an amendment
 1878  that otherwise reclassifies a portion of the common elements as
 1879  a limited common element or that authorizes the association to
 1880  change the limited common elements assigned to any unit.
 1881         (e) Material alterations or substantial additions to the
 1882  common elements or association property any time one of the
 1883  following owns a percentage of voting interests equal to or
 1884  greater than the percentage required to approve the amendment:
 1885         1. A bulk-unit purchaser;
 1886         2. A lender-unit purchaser;
 1887         3. The developer and a bulk-unit purchaser;
 1888         4. The developer and a lender-unit purchaser; or
 1889         5. A bulk-unit purchaser and a lender-unit purchaser.
 1890         (2) Notwithstanding subsection (1), consent of the
 1891  developer, a bulk-unit purchaser, or a lender-unit purchaser is
 1892  required for an amendment that would otherwise require the
 1893  approval of such voting interests based upon the requirements of
 1894  the declaration, articles of incorporation, or bylaws or s.
 1895  718.110 or s. 718.113.
 1896         718.808 Warranties and disclosures.—
 1897         (1) As the seller, a bulk-unit purchaser or lender-unit
 1898  purchaser is deemed to have granted an implied warranty of
 1899  fitness and merchantability to a purchaser of each unit sold for
 1900  a period of 3 years, which begins on the date of the completion
 1901  of repairs or improvements that the bulk-unit purchaser or
 1902  lender-unit purchaser makes to the unit, common elements, or
 1903  limited common elements. The bulk-unit purchaser or lender-unit
 1904  purchaser is not deemed to have granted a warranty on
 1905  improvements, repairs, or alterations to the condominium which
 1906  he or she did not undertake.
 1907         (2) The statute of limitations in s. 718.203 is tolled
 1908  while the bulk-unit purchaser begins the process of appointing
 1909  or electing a majority of the board of administration.
 1910         (3) As the seller, the bulk-unit purchaser shall include
 1911  the following disclosure to purchasers in conspicuous type on
 1912  the first page of the sales contract:
 1913  
 1914  SELLER IS A BULK-UNIT PURCHASER UNDER THE CONDOMINIUM ACT.
 1915  SELLER IS NOT THE DEVELOPER OF THE CONDOMINIUM FOR ANY PURPOSE
 1916  UNDER THE CONDOMINIUM ACT.
 1917  
 1918         (4) A mortgagee who acquires units may elect to become a
 1919  lender-unit purchaser by providing written notice of the
 1920  election to the association addressed to the registered agent at
 1921  the address specified in the records of the Department of State.
 1922  The notice shall be delivered within the time period ending upon
 1923  the earliest of:
 1924         (a) The date on which the mortgagee exercises any developer
 1925  rights other than the developer rights described in s.
 1926  718.803(1)(a);
 1927         (b) Before the sale of a unit by the mortgagee; or
 1928         (c) One hundred eighty days after the recording of the
 1929  certificate of title or of the deed in lieu of foreclosure if
 1930  the mortgagee acquired the units by foreclosure or by deed in
 1931  lieu of foreclosure.
 1932         (5) As the seller, the lender-unit purchaser shall include
 1933  the following disclosure to purchasers in conspicuous type on
 1934  the first page of the sales contract:
 1935  
 1936  SELLER IS A LENDER-UNIT PURCHASER UNDER THE CONDOMINIUM ACT.
 1937  SELLER IS NOT THE DEVELOPER OF THE CONDOMINIUM FOR ANY PURPOSE
 1938  UNDER THE CONDOMINIUM ACT. SELLER TOOK TITLE TO THE UNIT(S)
 1939  BEING SOLD TO PURCHASER BY FORECLOSURE OR DEED IN LIEU OF
 1940  FORECLOSURE.
 1941  
 1942         (6)(a) At or before the signing of a contract to sell a
 1943  unit, the bulk-unit purchaser and the lender-unit purchaser must
 1944  provide a condition report that complies with s. 718.616(2) and
 1945  (3) and this section to the prospective purchaser and must
 1946  obtain verification of delivery of such condition report. A
 1947  condition report is not required in connection with a sale to a
 1948  bulk-unit purchaser or in connection with a deed in lieu of
 1949  foreclosure to a lender-unit purchaser. A mortgagee is not
 1950  required to deliver to a bulk-unit purchaser a condition report
 1951  even if the mortgagee acquires and transfers developer rights to
 1952  such bulk-unit purchaser.
 1953         (b) The condition report must include a reasonably detailed
 1954  description of the repairs or replacements necessary to cure
 1955  defective construction identified in the condition report.
 1956         (c) If, during the course of preparing the condition
 1957  report, the architect or engineer becomes aware of a component
 1958  that violates an applicable building code or federal or state
 1959  law or that deviates from the building plans approved by the
 1960  permitting authority, the architect or engineer shall disclose
 1961  such information in the condition report. The architect or
 1962  engineer shall make written inquiry to the applicable local
 1963  government authority of any building code violations and shall
 1964  include in the condition report any of the authority’s responses
 1965  or its failure to respond.
 1966         (d) The condition report shall be prepared before the bulk
 1967  unit purchaser or the lender-unit purchaser enters into his or
 1968  her first sales contract, but the condition report may not be
 1969  prepared more than 6 months before the first sales contract is
 1970  agreed upon. If the bulk-unit purchaser or lender-unit purchaser
 1971  remains engaged in selling units, the condition report shall be
 1972  updated no later than 1 year after the closing of the first
 1973  sales contract and each year thereafter.
 1974         (e) If a bulk-unit purchaser or lender-unit purchaser fails
 1975  to provide the condition report in accordance with this section,
 1976  the bulk-unit purchaser or lender-unit purchaser is deemed to
 1977  grant implied warranties of fitness and merchantability which
 1978  are not limited to the construction, improvements, or repairs
 1979  that he or she undertakes to the units, common elements, or
 1980  limited common elements.
 1981         718.809 Joint and several liability.—For purposes of this
 1982  chapter, if there are multiple bulk-unit purchasers within the
 1983  same association, the units owned by the multiple bulk-unit
 1984  purchasers and the rights of the bulk-unit purchasers shall be
 1985  aggregated as if there were only one bulk-unit purchaser. Each
 1986  bulk-unit purchaser is jointly and severally liable with his or
 1987  her predecessor bulk-unit purchasers for compliance with this
 1988  chapter.
 1989         718.810 Construction disputes.—A board of administration
 1990  composed of a majority of directors elected or appointed by a
 1991  bulk-unit purchaser may not resolve a construction dispute that
 1992  is subject to chapter 558 unless such resolution is approved by
 1993  a majority of the voting interests of the unit owners other than
 1994  the developer and a bulk-unit purchaser.
 1995         718.811 Noncompliance.—A bulk-unit purchaser or a lender
 1996  unit purchaser who fails to substantially comply with the
 1997  requirements of this chapter pertaining to the obligations and
 1998  rights of bulk-unit purchasers and lender-unit purchasers
 1999  forfeits all protections or exemptions provided under the
 2000  Condominium Act.
 2001         718.812 Documents to be delivered upon turnover.—If a bulk
 2002  unit purchaser elects a majority of the board of administration
 2003  and the unit owners other than the bulk-unit purchaser elect a
 2004  majority, the bulk-unit purchaser must deliver all of the items
 2005  specified in s. 718.301(4) to the association. However, the
 2006  bulk-unit purchaser is not required to deliver items that were
 2007  never in the possession of the bulk-unit purchaser. In
 2008  conjunction with the acquisition of units, the bulk-unit
 2009  purchaser shall undertake a good faith effort to obtain the
 2010  items specified in s. 718.301(4) which must be delivered to the
 2011  association. If the bulk-unit purchaser cannot obtain such
 2012  items, the bulk-unit purchaser must deliver a certificate in
 2013  writing to the association which names or describes items that
 2014  were not obtainable by the bulk-unit purchaser and which
 2015  describes the good faith efforts that were undertaken to obtain
 2016  the items. Delivery of the certificate relieves the bulk-unit
 2017  purchaser of his or her responsibility under s. 718.301 to
 2018  deliver the documents and materials referenced in the
 2019  certificate. The responsibility of the bulk-unit purchaser to
 2020  conduct the audit required by s. 718.301(4)(c) begins on the
 2021  date the bulk-unit purchaser elects or appoints a majority of
 2022  the members of the board of administration and ends on the date
 2023  the bulk-unit purchaser no longer controls the board.
 2024         718.813 Timeshare Condominiums.—With respect to the
 2025  acquisition of title to units or timeshare interests in a
 2026  condominium, which units or timeshare interests are or
 2027  ultimately will be included in a timeshare plan governed by
 2028  chapter 721:
 2029         (1) Any person otherwise qualified to be a bulk-unit
 2030  purchaser pursuant to s. 718.802 is not a bulk-unit purchaser
 2031  unless that person makes an election to become a bulk-unit
 2032  purchaser by providing notice to the association addressed to
 2033  the registered agent at the address specified in the records of
 2034  the Department of State. The notice shall be delivered within
 2035  the time period ending upon the earliest of:
 2036         (a) The date on which the person exercises any developer
 2037  rights other than the developer rights described in s.
 2038  718.803(1)(a);
 2039         (b) The sale of any unit or timeshare interest by the
 2040  person; or
 2041         (c) One hundred eighty days after the recording of the deed
 2042  or other instrument of conveyance by which the person acquired
 2043  the units or timeshare interests.
 2044         (2) If a person has made an election to be a bulk-unit
 2045  purchaser pursuant to subsection (1), the bulk-unit purchaser,
 2046  when selling units or timeshare interests, shall include the
 2047  following disclosure to purchasers in conspicuous type on the
 2048  first page of the contract for sale of units or timeshare
 2049  interests:
 2050         SELLER IS A BULK-UNIT PURCHASER UNDER THE CONDOMINIUM ACT.
 2051  SELLER IS NOT THE DEVELOPER OF THE CONDOMINIUM FOR ANY PURPOSE
 2052  UNDER THE CONDOMINIUM.
 2053         Section 15. Paragraph (a) of subsection (2) of section
 2054  719.104, Florida Statutes, is amended to read:
 2055         719.104 Cooperatives; access to units; records; financial
 2056  reports; assessments; purchase of leases.—
 2057         (2) OFFICIAL RECORDS.—
 2058         (a) From the inception of the association, the association
 2059  shall maintain a copy of each of the following, where
 2060  applicable, which shall constitute the official records of the
 2061  association:
 2062         1. The plans, permits, warranties, and other items provided
 2063  by the developer pursuant to s. 719.301(4).
 2064         2. A photocopy of the cooperative documents.
 2065         3. A copy of the current rules of the association.
 2066         4. A book or books containing the minutes of all meetings
 2067  of the association, of the board of directors, and of the unit
 2068  owners, which minutes shall be retained for a period of not less
 2069  than 7 years.
 2070         5. A current roster of all unit owners and their mailing
 2071  addresses, unit identifications, voting certifications, and, if
 2072  known, telephone numbers. The association shall also maintain
 2073  the electronic mailing addresses and the numbers designated by
 2074  unit owners for receiving notice sent by electronic transmission
 2075  of those unit owners consenting to receive notice by electronic
 2076  transmission. The electronic mailing addresses and numbers
 2077  provided by unit owners to receive notice by electronic
 2078  transmission shall be removed from association records when
 2079  consent to receive notice by electronic transmission is revoked.
 2080  However, the association is not liable for an erroneous
 2081  disclosure of the electronic mail address or the number for
 2082  receiving electronic transmission of notices.
 2083         6. All current insurance policies of the association.
 2084         7. A current copy of any management agreement, lease, or
 2085  other contract to which the association is a party or under
 2086  which the association or the unit owners have an obligation or
 2087  responsibility.
 2088         8. Bills of sale or transfer for all property owned by the
 2089  association.
 2090         9. Accounting records for the association and separate
 2091  accounting records for each unit it operates, according to good
 2092  accounting practices. All accounting records shall be maintained
 2093  for a period of not less than 7 years. The accounting records
 2094  shall include, but not be limited to:
 2095         a. Accurate, itemized, and detailed records of all receipts
 2096  and expenditures.
 2097         b. A current account and a monthly, bimonthly, or quarterly
 2098  statement of the account for each unit designating the name of
 2099  the unit owner, the due date and amount of each assessment, the
 2100  amount paid upon the account, and the balance due.
 2101         c. All audits, reviews, accounting statements, and
 2102  financial reports of the association.
 2103         d. All contracts for work to be performed. Bids for work to
 2104  be performed shall also be considered official records and shall
 2105  be maintained for a period of 1 year.
 2106         10. Ballots, sign-in sheets, voting proxies, and all other
 2107  papers relating to voting by unit owners, which shall be
 2108  maintained for a period of 1 year after the date of the
 2109  election, vote, or meeting to which the document relates.
 2110         11. All rental records where the association is acting as
 2111  agent for the rental of units.
 2112         12. A copy of the current question and answer sheet as
 2113  described in s. 719.504.
 2114         13. All other written records of the association not
 2115  specifically included in the foregoing which are related to the
 2116  operation of the association.
 2117         Section 16. Paragraphs (c) and (d) of subsection (1) of
 2118  section 719.106, Florida Statutes, are amended to read:
 2119         719.106 Bylaws; cooperative ownership.—
 2120         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 2121  documents shall provide for the following, and if they do not,
 2122  they shall be deemed to include the following:
 2123         (c) Board of administration meetings.—Meetings of the board
 2124  of administration at which a quorum of the members is present
 2125  shall be open to all unit owners. Any unit owner may tape record
 2126  or videotape meetings of the board of administration; however, a
 2127  unit owner may not post the recordings on any website or other
 2128  media that can readily be viewed by persons who are not members
 2129  of the association. The right to attend such meetings includes
 2130  the right to speak at such meetings with reference to all
 2131  designated agenda items. The division shall adopt reasonable
 2132  rules governing the tape recording and videotaping of the
 2133  meeting. The association may adopt reasonable written rules
 2134  governing the frequency, duration, and manner of unit owner
 2135  statements. Adequate notice of all meetings shall be posted in a
 2136  conspicuous place upon the cooperative property at least 48
 2137  continuous hours preceding the meeting, except in an emergency.
 2138  Any item not included on the notice may be taken up on an
 2139  emergency basis by at least a majority plus one of the members
 2140  of the board. Such emergency action shall be noticed and
 2141  ratified at the next regular meeting of the board. However,
 2142  written notice of any meeting at which nonemergency special
 2143  assessments, or at which amendment to rules regarding unit use,
 2144  will be considered shall be mailed, delivered, or electronically
 2145  transmitted to the unit owners and posted conspicuously on the
 2146  cooperative property not less than 14 days before the meeting.
 2147  Evidence of compliance with this 14-day notice shall be made by
 2148  an affidavit executed by the person providing the notice and
 2149  filed among the official records of the association. Upon notice
 2150  to the unit owners, the board shall by duly adopted rule
 2151  designate a specific location on the cooperative property upon
 2152  which all notices of board meetings shall be posted. In lieu of
 2153  or in addition to the physical posting of notice of any meeting
 2154  of the board of administration on the cooperative property, the
 2155  association may, by reasonable rule, adopt a procedure for
 2156  conspicuously posting and repeatedly broadcasting the notice and
 2157  the agenda on a closed-circuit cable television system serving
 2158  the cooperative association. However, if broadcast notice is
 2159  used in lieu of a notice posted physically on the cooperative
 2160  property, the notice and agenda must be broadcast at least four
 2161  times every broadcast hour of each day that a posted notice is
 2162  otherwise required under this section. When broadcast notice is
 2163  provided, the notice and agenda must be broadcast in a manner
 2164  and for a sufficient continuous length of time so as to allow an
 2165  average reader to observe the notice and read and comprehend the
 2166  entire content of the notice and the agenda. Notice of any
 2167  meeting in which regular assessments against unit owners are to
 2168  be considered for any reason shall specifically contain a
 2169  statement that assessments will be considered and the nature of
 2170  any such assessments. Meetings of a committee to take final
 2171  action on behalf of the board or to make recommendations to the
 2172  board regarding the association budget are subject to the
 2173  provisions of this paragraph. Meetings of a committee that does
 2174  not take final action on behalf of the board or make
 2175  recommendations to the board regarding the association budget
 2176  are subject to the provisions of this section, unless those
 2177  meetings are exempted from this section by the bylaws of the
 2178  association. Notwithstanding any other law to the contrary, the
 2179  requirement that board meetings and committee meetings be open
 2180  to the unit owners does not apply to board or committee meetings
 2181  held for the purpose of discussing personnel matters or meetings
 2182  between the board or a committee and the association’s attorney,
 2183  with respect to proposed or pending litigation, if the meeting
 2184  is held for the purpose of seeking or rendering legal advice.
 2185         (d) Shareholder meetings.—There shall be an annual meeting
 2186  of the shareholders. All members of the board of administration
 2187  shall be elected at the annual meeting unless the bylaws provide
 2188  for staggered election terms or for their election at another
 2189  meeting. Any unit owner desiring to be a candidate for board
 2190  membership must comply with subparagraph 1. The bylaws must
 2191  provide the method for calling meetings, including annual
 2192  meetings. Written notice, which must incorporate an
 2193  identification of agenda items, shall be given to each unit
 2194  owner at least 14 days before the annual meeting and posted in a
 2195  conspicuous place on the cooperative property at least 14
 2196  continuous days preceding the annual meeting. Upon notice to the
 2197  unit owners, the board must by duly adopted rule designate a
 2198  specific location on the cooperative property upon which all
 2199  notice of unit owner meetings are posted. In lieu of or in
 2200  addition to the physical posting of the meeting notice, the
 2201  association may, by reasonable rule, adopt a procedure for
 2202  conspicuously posting and repeatedly broadcasting the notice and
 2203  the agenda on a closed-circuit cable television system serving
 2204  the cooperative association. However, if broadcast notice is
 2205  used in lieu of a posted notice, the notice and agenda must be
 2206  broadcast at least four times every broadcast hour of each day
 2207  that a posted notice is otherwise required under this section.
 2208  If broadcast notice is provided, the notice and agenda must be
 2209  broadcast in a manner and for a sufficient continuous length of
 2210  time to allow an average reader to observe the notice and read
 2211  and comprehend the entire content of the notice and the agenda.
 2212  Unless a unit owner waives in writing the right to receive
 2213  notice of the annual meeting, the notice of the annual meeting
 2214  must be sent by mail, hand delivered, or electronically
 2215  transmitted to each unit owner. An officer of the association
 2216  must provide an affidavit or United States Postal Service
 2217  certificate of mailing, to be included in the official records
 2218  of the association, affirming that notices of the association
 2219  meeting were mailed, hand delivered, or electronically
 2220  transmitted, in accordance with this provision, to each unit
 2221  owner at the address last furnished to the association.
 2222         1. The board of administration shall be elected by written
 2223  ballot or voting machine. A proxy may not be used in electing
 2224  the board of administration in general elections or elections to
 2225  fill vacancies caused by recall, resignation, or otherwise
 2226  unless otherwise provided in this chapter.
 2227         a. At least 60 days before a scheduled election, the
 2228  association shall mail, deliver, or transmit, whether by
 2229  separate association mailing, delivery, or electronic
 2230  transmission or included in another association mailing,
 2231  delivery, or electronic transmission, including regularly
 2232  published newsletters, to each unit owner entitled to vote, a
 2233  first notice of the date of the election. Any unit owner or
 2234  other eligible person desiring to be a candidate for the board
 2235  of administration must give written notice to the association at
 2236  least 40 days before a scheduled election. Together with the
 2237  written notice and agenda as set forth in this section, the
 2238  association shall mail, deliver, or electronically transmit a
 2239  second notice of election to all unit owners entitled to vote,
 2240  together with a ballot that lists all candidates. Upon request
 2241  of a candidate, the association shall include an information
 2242  sheet, no larger than 8 1/2 inches by 11 inches, which must be
 2243  furnished by the candidate at least 35 days before the election,
 2244  to be included with the mailing, delivery, or electronic
 2245  transmission of the ballot, with the costs of mailing, delivery,
 2246  or transmission and copying to be borne by the association. The
 2247  association is not liable for the contents of the information
 2248  sheets provided by the candidates. In order to reduce costs, the
 2249  association may print or duplicate the information sheets on
 2250  both sides of the paper. The division shall by rule establish
 2251  voting procedures consistent with this subparagraph, including
 2252  rules establishing procedures for giving notice by electronic
 2253  transmission and rules providing for the secrecy of ballots.
 2254  Elections shall be decided by a plurality of those ballots cast.
 2255  There is no quorum requirement. However, at least 20 percent of
 2256  the eligible voters must cast a ballot in order to have a valid
 2257  election. A unit owner may not permit any other person to vote
 2258  his or her ballot, and any such ballots improperly cast are
 2259  invalid. A unit owner who needs assistance in casting the ballot
 2260  for the reasons stated in s. 101.051 may obtain assistance in
 2261  casting the ballot. Any unit owner violating this provision may
 2262  be fined by the association in accordance with s. 719.303. The
 2263  regular election must occur on the date of the annual meeting.
 2264  This subparagraph does not apply to timeshare cooperatives.
 2265  Notwithstanding this subparagraph, an election and balloting are
 2266  not required unless more candidates file a notice of intent to
 2267  run or are nominated than vacancies exist on the board. Any
 2268  challenge to the election process must be commenced within 60
 2269  days after the election results are announced.
 2270         b. Within 90 days after being elected or appointed to the
 2271  board, each new director shall certify in writing to the
 2272  secretary of the association that he or she has read the
 2273  association’s bylaws, articles of incorporation, proprietary
 2274  lease, and current written policies; that he or she will work to
 2275  uphold such documents and policies to the best of his or her
 2276  ability; and that he or she will faithfully discharge his or her
 2277  fiduciary responsibility to the association’s members. Within 90
 2278  days after being elected or appointed to the board, in lieu of
 2279  this written certification, the newly elected or appointed
 2280  director may submit a certificate of having satisfactorily
 2281  completed the educational curriculum administered by an
 2282  education provider as approved by the division pursuant to the
 2283  requirements established in chapter 718 within 1 year before or
 2284  90 days after the date of election or appointment. The
 2285  educational certificate is valid and does not have to be
 2286  resubmitted as long as the director serves on the board without
 2287  interruption. A director who fails to timely file the written
 2288  certification or educational certificate is suspended from
 2289  service on the board until he or she complies with this sub
 2290  subparagraph. The board may temporarily fill the vacancy during
 2291  the period of suspension. The secretary of the association shall
 2292  cause the association to retain a director’s written
 2293  certification or educational certificate for inspection by the
 2294  members for 5 years after a director’s election or the duration
 2295  of the director’s uninterrupted tenure, whichever is longer.
 2296  Failure to have such written certification or educational
 2297  certificate on file does not affect the validity of any board
 2298  action.
 2299         2. Any approval by unit owners called for by this chapter,
 2300  or the applicable cooperative documents, must be made at a duly
 2301  noticed meeting of unit owners and is subject to this chapter or
 2302  the applicable cooperative documents relating to unit owner
 2303  decisionmaking, except that unit owners may take action by
 2304  written agreement, without meetings, on matters for which action
 2305  by written agreement without meetings is expressly allowed by
 2306  the applicable cooperative documents or law which provides for
 2307  the unit owner action.
 2308         3. Unit owners may waive notice of specific meetings if
 2309  allowed by the applicable cooperative documents or law. If
 2310  authorized by the bylaws, notice of meetings of the board of
 2311  administration, shareholder meetings, except shareholder
 2312  meetings called to recall board members under paragraph (f), and
 2313  committee meetings may be given by electronic transmission to
 2314  unit owners who consent to receive notice by electronic
 2315  transmission.
 2316         4. Unit owners have the right to participate in meetings of
 2317  unit owners with reference to all designated agenda items.
 2318  However, the association may adopt reasonable rules governing
 2319  the frequency, duration, and manner of unit owner participation.
 2320         5. Any unit owner may tape record or videotape meetings of
 2321  the unit owners subject to reasonable rules adopted by the
 2322  division; however, a unit owner may not post the recordings on
 2323  any website or other media that can readily be viewed by persons
 2324  who are not members of the association.
 2325         6. Unless otherwise provided in the bylaws, a vacancy
 2326  occurring on the board before the expiration of a term may be
 2327  filled by the affirmative vote of the majority of the remaining
 2328  directors, even if the remaining directors constitute less than
 2329  a quorum, or by the sole remaining director. In the alternative,
 2330  a board may hold an election to fill the vacancy, in which case
 2331  the election procedures must conform to the requirements of
 2332  subparagraph 1. unless the association has opted out of the
 2333  statutory election process, in which case the bylaws of the
 2334  association control. Unless otherwise provided in the bylaws, a
 2335  board member appointed or elected under this subparagraph shall
 2336  fill the vacancy for the unexpired term of the seat being
 2337  filled. Filling vacancies created by recall is governed by
 2338  paragraph (f) and rules adopted by the division.
 2339  
 2340  Notwithstanding subparagraphs (b)2. and (d)1., an association
 2341  may, by the affirmative vote of a majority of the total voting
 2342  interests, provide for a different voting and election procedure
 2343  in its bylaws, which vote may be by a proxy specifically
 2344  delineating the different voting and election procedures. The
 2345  different voting and election procedures may provide for
 2346  elections to be conducted by limited or general proxy.
 2347         Section 17. Subsections (3) and (4) of section 719.108,
 2348  Florida Statutes, are amended to read:
 2349         719.108 Rents and assessments; liability; lien and
 2350  priority; interest; collection; cooperative ownership.—
 2351         (3) Rents and assessments, and installments on them, not
 2352  paid when due bear interest at the rate provided in the
 2353  cooperative documents from the date due until paid. This rate
 2354  may not exceed the rate allowed by law and, if a rate is not
 2355  provided in the cooperative documents, accrues at 18 percent per
 2356  annum. If the cooperative documents or bylaws so provide, the
 2357  association may charge an administrative late fee in addition to
 2358  such interest, not to exceed the greater of $25 or 5 percent of
 2359  each installment of the assessment for each delinquent
 2360  installment that the payment is late. The association may also
 2361  recover from the unit owner any reasonable charges imposed upon
 2362  the association under a written contract with its management or
 2363  bookkeeping company or collection agent which are incurred in
 2364  connection with collecting a delinquent assessment. Such charges
 2365  must be in a liquidated and noncontingent amount and must be
 2366  based on the actual time expended performing necessary,
 2367  nonduplicative services. Fees for collection are not recoverable
 2368  for the period after referral of the matter to an association’s
 2369  legal counsel. Any payment received by an association must be
 2370  applied first to any interest accrued by the association, then
 2371  to any administrative late fee, then to any costs and reasonable
 2372  attorney fees incurred in collection, then to any reasonable
 2373  costs for collection services contracted for by the association,
 2374  and then to the delinquent assessment. The foregoing applies
 2375  notwithstanding s. 673.3111, any purported accord and
 2376  satisfaction, or any restrictive endorsement, designation, or
 2377  instruction placed on or accompanying a payment. The preceding
 2378  sentence is intended to clarify existing law. A late fee is not
 2379  subject to chapter 687 or s. 719.303(4).
 2380         (4) The association has a lien on each cooperative parcel
 2381  for any unpaid rents and assessments, plus interest, any
 2382  reasonable costs for collection services contracted for by the
 2383  association, and any authorized administrative late fees. If
 2384  authorized by the cooperative documents, the lien also secures
 2385  reasonable attorney fees incurred by the association incident to
 2386  the collection of the rents and assessments or enforcement of
 2387  such lien. The lien is effective from and after recording a
 2388  claim of lien in the public records in the county in which the
 2389  cooperative parcel is located which states the description of
 2390  the cooperative parcel, the name of the unit owner, the amount
 2391  due, and the due dates. Except as otherwise provided in this
 2392  chapter, a lien may not be filed by the association against a
 2393  cooperative parcel until 30 days after the date on which a
 2394  notice of intent to file a lien has been delivered to the owner.
 2395         (a) The notice must be sent to the unit owner at the
 2396  address of the unit by first-class United States mail, and the
 2397  notice must be in substantially the following form:
 2398                          NOTICE OF INTENT                         
 2399                      TO RECORD A CLAIM OF LIEN                    
 2400  RE: Unit ...(unit number)... of ...(name of cooperative)...
 2401  The following amounts are currently due on your account to
 2402  ...(name of association)..., and must be paid within 30 days
 2403  after your receipt of this letter. This letter shall serve as
 2404  the association’s notice of intent to record a Claim of Lien
 2405  against your property no sooner than 30 days after your receipt
 2406  of this letter, unless you pay in full the amounts set forth
 2407  below:
 2408  Maintenance due ...(dates)...	$.....
 2409  Late fee, if applicable	$.....
 2410  Interest through ...(dates)...*	$.....
 2411  Certified mail charges	$.....
 2412  Other costs	$.....
 2413  TOTAL OUTSTANDING	$.....
 2414  *Interest accrues at the rate of .... percent per annum.
 2415         1. If the most recent address of the unit owner on the
 2416  records of the association is the address of the unit, the
 2417  notice must be sent by certified mail, return receipt requested,
 2418  to the unit owner at the address of the unit.
 2419         2. If the most recent address of the unit owner on the
 2420  records of the association is in the United States, but is not
 2421  the address of the unit, the notice must be sent by certified
 2422  mail, return receipt requested, to the unit owner at his or her
 2423  most recent address.
 2424         3. If the most recent address of the unit owner on the
 2425  records of the association is not in the United States, the
 2426  notice must be sent by first-class United States mail to the
 2427  unit owner at his or her most recent address.
 2428         (b) A notice that is sent pursuant to this subsection is
 2429  deemed delivered upon mailing. A claim of lien must be executed
 2430  and acknowledged by an officer or authorized agent of the
 2431  association. The lien is not effective 1 year after the claim of
 2432  lien was recorded unless, within that time, an action to enforce
 2433  the lien is commenced. The 1-year period is automatically
 2434  extended for any length of time during which the association is
 2435  prevented from filing a foreclosure action by an automatic stay
 2436  resulting from a bankruptcy petition filed by the parcel owner
 2437  or any other person claiming an interest in the parcel. The
 2438  claim of lien secures all unpaid rents and assessments that are
 2439  due and that may accrue after the claim of lien is recorded and
 2440  through the entry of a final judgment, as well as interest and
 2441  all reasonable costs and attorney fees incurred by the
 2442  association incident to the collection process. Upon payment in
 2443  full, the person making the payment is entitled to a
 2444  satisfaction of the lien.
 2445         (c) By recording a notice in substantially the following
 2446  form, a unit owner or the unit owner’s agent or attorney may
 2447  require the association to enforce a recorded claim of lien
 2448  against his or her cooperative parcel:
 2449                      NOTICE OF CONTEST OF LIEN                    
 2450  TO: ...(Name and address of association)...:
 2451  You are notified that the undersigned contests the claim of lien
 2452  filed by you on ...., ...(year)..., and recorded in Official
 2453  Records Book .... at Page ...., of the public records of ....
 2454  County, Florida, and that the time within which you may file
 2455  suit to enforce your lien is limited to 90 days from the date of
 2456  service of this notice. Executed this .... day of ....,
 2457  ...(year)....
 2458  Signed: ...(Owner or Attorney)...
 2459  After notice of contest of lien has been recorded, the clerk of
 2460  the circuit court shall mail a copy of the recorded notice to
 2461  the association by certified mail, return receipt requested, at
 2462  the address shown in the claim of lien or most recent amendment
 2463  to it and shall certify to the service on the face of the
 2464  notice. Service is complete upon mailing. After service, the
 2465  association has 90 days in which to file an action to enforce
 2466  the lien. If the action is not filed within the 90-day period,
 2467  the lien is void. However, the 90-day period shall be extended
 2468  for any length of time during which the association is prevented
 2469  from filing its action because of an automatic stay resulting
 2470  from the filing of a bankruptcy petition by the unit owner or by
 2471  any other person claiming an interest in the parcel.
 2472         (d) A release of lien must be in substantially the
 2473  following form:
 2474                           RELEASE OF LIEN                         
 2475  The undersigned lienor, in consideration of the final payment in
 2476  the amount of $...., hereby waives and releases its lien and
 2477  right to claim a lien for unpaid assessments through ....,
 2478  ...(year)..., recorded in the Official Records Book .... at Page
 2479  ...., of the public records of .... County, Florida, for the
 2480  following described real property:
 2481  THAT COOPERATIVE PARCEL WHICH INCLUDES UNIT NO. .... OF ...(NAME
 2482  OF COOPERATIVE)..., A COOPERATIVE AS SET FORTH IN THE
 2483  COOPERATIVE DOCUMENTS AND THE EXHIBITS ANNEXED THERETO AND
 2484  FORMING A PART THEREOF, RECORDED IN OFFICIAL RECORDS BOOK ....,
 2485  PAGE ...., OF THE PUBLIC RECORDS OF .... COUNTY, FLORIDA.
 2486  ...(Signature of Authorized Agent)... ...(Signature of
 2487  Witness)...
 2488  ...(Print Name)... ...(Print Name)...
 2489  ...(Signature of Witness)...
 2490  ...(Print Name)...
 2491  Sworn to (or affirmed) and subscribed before me this .... day of
 2492  ...., ...(year)..., by ...(name of person making statement)....
 2493  ...(Signature of Notary Public)...
 2494  ...(Print, type, or stamp commissioned name of Notary Public)...
 2495  Personally Known .... OR Produced .... as identification.
 2496         Section 18. Section 719.129, Florida Statutes, is created
 2497  to read:
 2498         719.129 Electronic voting.—The association may conduct
 2499  elections by electronic voting if a member consents, in writing,
 2500  to voting electronically and the following requirements are met:
 2501         (1) The association provides each member with:
 2502         (a) A method to authenticate the member’s identity to the
 2503  electronic voting system.
 2504         (b) A method to secure the member’s vote from, among other
 2505  things, malicious software and the ability of others to remotely
 2506  monitor or control the electronic voting platform.
 2507         (c) A method to communicate with the electronic voting
 2508  system.
 2509         (d) A method to review an electronic ballot before its
 2510  transmission to the electronic voting system.
 2511         (e) A method to transmit an electronic ballot to the
 2512  electronic voting system which ensures the secrecy and integrity
 2513  of each ballot.
 2514         (f) A method to allow members to verify the authenticity of
 2515  receipts sent from the electronic voting system.
 2516         (g) A method to confirm, at least 14 days before the voting
 2517  deadline, that the member’s electronic voting platform can
 2518  successfully communicate with the electronic voting system.
 2519         (h) In the event of a disruption of the electronic voting
 2520  system, the ability to vote by mail or to deliver a ballot in
 2521  person.
 2522         (2) The association uses an electronic voting system that
 2523  is:
 2524         (a) Accessible to members with disabilities.
 2525         (b) Secure from, among other things, malicious software and
 2526  the ability of others to remotely monitor or control the system.
 2527         (c) Able to authenticate the member’s identity.
 2528         (d) Able to communicate with each member’s electronic
 2529  voting platform.
 2530         (e) Able to authenticate the validity of each electronic
 2531  ballot to ensure that the ballot is not altered in transit.
 2532         (f) Able to transmit a receipt from the electronic voting
 2533  system to each member who casts an electronic ballot.
 2534         (g) Able to permanently separate any authentication or
 2535  identifying information from the electronic ballot, rendering it
 2536  impossible to tie a ballot to a specific member.
 2537         (h) Able to allow the member to confirm that his or her
 2538  ballot has been received and counted.
 2539         (i) Able to store and keep electronic ballots accessible to
 2540  election officials for recount, inspection, and review purposes.
 2541         (3) A member voting electronically pursuant to this section
 2542  shall be counted as being in attendance at the meeting for
 2543  purposes of determining a quorum.
 2544         (4) The bylaws of an association must provide for and allow
 2545  voting pursuant to this section before this section shall apply.
 2546  This section may apply to some or all matters for which a vote
 2547  of the membership is required.
 2548         Section 19. Subsection (3) of section 719.303, Florida
 2549  Statutes, is amended to read:
 2550         719.303 Obligations of owners.—
 2551         (3) The association may levy reasonable fines for failure
 2552  of the unit owner or the unit’s occupant, licensee, or invitee
 2553  to comply with any provision of the cooperative documents or
 2554  reasonable rules of the association. A fine may not become a
 2555  lien against a unit. A fine may be levied by the board of
 2556  administration or its authorized designee on the basis of each
 2557  day of a continuing violation, with a single notice and
 2558  opportunity for hearing before an impartial committee as
 2559  provided in paragraph (b). However, the fine may not exceed $100
 2560  per violation, or $1,000 in the aggregate.
 2561         (a) An association may suspend, for a reasonable period of
 2562  time, the right of a unit owner, or a unit owner’s tenant,
 2563  guest, or invitee, to use the common elements, common
 2564  facilities, or any other association property for failure to
 2565  comply with any provision of the cooperative documents or
 2566  reasonable rules of the association. This paragraph does not
 2567  apply to limited common elements intended to be used only by
 2568  that unit, common elements needed to access the unit, utility
 2569  services provided to the unit, parking spaces, or elevators.
 2570         (b) A fine or suspension levied by the board of
 2571  administration or its authorized designee may not be imposed
 2572  unless the board first provides at least 14 days’ written except
 2573  after giving reasonable notice and an opportunity for a hearing
 2574  to the unit owner and, if applicable, its occupant, the unit’s
 2575  licensee, or invitee. The hearing must be held before an
 2576  impartial a committee of other unit owners who are neither board
 2577  members, persons residing in a board member’s household, nor the
 2578  authorized designee or members of the authorized designee’s
 2579  household. The role of the impartial committee is limited to
 2580  determining whether to confirm or reject the fine or suspension
 2581  levied by the board or its authorized designee. If the impartial
 2582  committee does not agree with the fine or suspension, it may not
 2583  be imposed.
 2584         Section 20. Subsection (8) of section 720.301, Florida
 2585  Statutes, is amended to read:
 2586         720.301 Definitions.—As used in this chapter, the term:
 2587         (8) “Governing documents” means:
 2588         (a) The recorded declaration of covenants for a community,
 2589  and all duly adopted and recorded amendments, supplements, and
 2590  recorded exhibits thereto; and
 2591         (b) The articles of incorporation and bylaws of the
 2592  homeowners’ association, and any duly adopted amendments
 2593  thereto; and
 2594         (c) Rules and regulations adopted under the authority of
 2595  the recorded declaration, articles of incorporation, or bylaws
 2596  and duly adopted amendments thereto.
 2597         Section 21. Section 720.3015, Florida Statutes, is created
 2598  to read:
 2599         720.3015 Short title.—This chapter may be cited as the
 2600  “Homeowners’ Association Act.”
 2601         Section 22. Section 720.305, Florida Statutes, is amended
 2602  to read:
 2603         720.305 Obligations of members; remedies at law or in
 2604  equity; levy of fines and suspension of use rights.—
 2605         (1) Each member and the member’s tenants, guests, and
 2606  invitees, and each association, are governed by, and must comply
 2607  with, this chapter, the governing documents of the community,
 2608  and the rules of the association. Actions at law or in equity,
 2609  or both, to redress alleged failure or refusal to comply with
 2610  these provisions may be brought by the association or by any
 2611  member against:
 2612         (a) The association;
 2613         (b) A member;
 2614         (c) Any director or officer of an association who willfully
 2615  and knowingly fails to comply with these provisions; and
 2616         (d) Any tenants, guests, or invitees occupying a parcel or
 2617  using the common areas.
 2618  
 2619  The prevailing party in any such litigation is entitled to
 2620  recover reasonable attorney attorney’s fees and costs. A member
 2621  prevailing in an action between the association and the member
 2622  under this section, in addition to recovering his or her
 2623  reasonable attorney attorney’s fees, may recover additional
 2624  amounts as determined by the court to be necessary to reimburse
 2625  the member for his or her share of assessments levied by the
 2626  association to fund its expenses of the litigation. This relief
 2627  does not exclude other remedies provided by law. This section
 2628  does not deprive any person of any other available right or
 2629  remedy.
 2630         (2) The association may levy reasonable fines. A fine may
 2631  not exceed of up to $100 per violation against any member or any
 2632  member’s tenant, guest, or invitee for the failure of the owner
 2633  of the parcel or its occupant, licensee, or invitee to comply
 2634  with any provision of the declaration, the association bylaws,
 2635  or reasonable rules of the association unless otherwise provided
 2636  in the governing documents. A fine may be levied by the board or
 2637  its authorized designee for each day of a continuing violation,
 2638  with a single notice and opportunity for hearing, except that
 2639  the fine may not exceed $1,000 in the aggregate unless otherwise
 2640  provided in the governing documents. A fine of less than $1,000
 2641  may not become a lien against a parcel. In any action to recover
 2642  a fine, the prevailing party is entitled to reasonable attorney
 2643  fees and costs from the nonprevailing party as determined by the
 2644  court.
 2645         (a) An association may suspend, for a reasonable period of
 2646  time, the right of a member, or a member’s tenant, guest, or
 2647  invitee, to use common areas and facilities for the failure of
 2648  the owner of the parcel or its occupant, licensee, or invitee to
 2649  comply with any provision of the declaration, the association
 2650  bylaws, or reasonable rules of the association. This paragraph
 2651  does not apply to that portion of common areas used to provide
 2652  access or utility services to the parcel. A suspension may not
 2653  prohibit impair the right of an owner or tenant of a parcel from
 2654  having to have vehicular and pedestrian ingress to and egress
 2655  from the parcel, including, but not limited to, the right to
 2656  park.
 2657         (b) A fine or suspension may not be imposed by the board of
 2658  administration or its authorized designee without at least 14
 2659  days’ notice to the person sought to be fined or suspended and
 2660  an opportunity for a hearing before an impartial a committee of
 2661  at least three members appointed by the board who are not
 2662  officers, directors, or employees of the association, or the
 2663  spouse, parent, child, brother, or sister of an officer,
 2664  director, or employee, or the board’s designee or the designee’s
 2665  family. If the committee, by majority vote, does not approve a
 2666  proposed fine or suspension, it may not be imposed. The role of
 2667  the impartial committee is limited to determining whether to
 2668  confirm or reject the fine or suspension levied by the board or
 2669  its authorized designee. If the board of administration or its
 2670  authorized designee association imposes a fine or suspension,
 2671  the association must provide written notice of such fine or
 2672  suspension by mail or hand delivery to the parcel owner and, if
 2673  applicable, to any tenant, licensee, or invitee of the parcel
 2674  owner.
 2675         (3) If a member is more than 90 days delinquent in paying
 2676  any fee, fine, or other a monetary obligation due to the
 2677  association, the association may suspend the rights of the
 2678  member, or the member’s tenant, guest, or invitee, to use common
 2679  areas and facilities until the fee, fine, or other monetary
 2680  obligation is paid in full. This subsection does not apply to
 2681  that portion of common areas used to provide access or utility
 2682  services to the parcel. A suspension may does not prohibit
 2683  impair the right of an owner or tenant of a parcel from having
 2684  to have vehicular and pedestrian ingress to and egress from the
 2685  parcel, including, but not limited to, the right to park. The
 2686  notice and hearing requirements under subsection (2) do not
 2687  apply to a suspension imposed under this subsection.
 2688         (4) An association may suspend the voting rights of a
 2689  parcel or member for the nonpayment of any fee, fine, or other
 2690  monetary obligation due to the association which that is more
 2691  than 90 days delinquent. A voting interest or consent right
 2692  allocated to a parcel or member which has been suspended by the
 2693  association shall be subtracted from may not be counted towards
 2694  the total number of voting interests in the association, which
 2695  shall be reduced by the number of suspended voting interests
 2696  when calculating the total percentage or number of all voting
 2697  interests available to take or approve any action, and the
 2698  suspended voting interests may not be considered for any
 2699  purpose, including, but not limited to, the percentage or number
 2700  of voting interests necessary to constitute a quorum, the
 2701  percentage or number of voting interests required to conduct an
 2702  election, or the percentage or number of voting interests
 2703  required to approve an action under this chapter or pursuant to
 2704  the governing documents. The notice and hearing requirements
 2705  under subsection (2) do not apply to a suspension imposed under
 2706  this subsection. The suspension ends upon full payment of all
 2707  obligations currently due or overdue to the association.
 2708         (5) All suspensions imposed pursuant to subsection (3) or
 2709  subsection (4) must be approved at a properly noticed board
 2710  meeting. Upon approval, the association must notify the parcel
 2711  owner and, if applicable, the parcel’s occupant, licensee, or
 2712  invitee by mail or hand delivery.
 2713         (6) The suspensions permitted by paragraph (2)(a) and
 2714  subsections (3) and (4) apply to a member and, when appropriate,
 2715  the member’s tenants, guests, or invitees, even if the
 2716  delinquency or failure that resulted in the suspension arose
 2717  from less than all of the multiple parcels owned by the member.
 2718         Section 23. Paragraph (b) of subsection (1) and subsections
 2719  (9) and (10) of section 720.306, Florida Statutes, are amended
 2720  to read:
 2721         720.306 Meetings of members; voting and election
 2722  procedures; amendments.—
 2723         (1) QUORUM; AMENDMENTS.—
 2724         (b) Unless otherwise provided in the governing documents or
 2725  required by law, and other than those matters set forth in
 2726  paragraph (c), any governing document of an association may be
 2727  amended by the affirmative vote of two-thirds of the voting
 2728  interests of the association. Within 30 days after recording an
 2729  amendment to the governing documents, the association shall
 2730  provide copies of the amendment to the members. However, if a
 2731  copy of the proposed amendment is provided to the members before
 2732  they vote on the amendment and the proposed amendment is not
 2733  changed before the vote, the association, in lieu of providing a
 2734  copy of the amendment, may provide notice to the members that
 2735  the amendment was adopted, identifying the official book and
 2736  page number or instrument number of the recorded amendment and
 2737  that a copy of the amendment is available at no charge to the
 2738  member upon written request to the association. The copies and
 2739  notice described in this paragraph may be provided
 2740  electronically to those owners who previously consented to
 2741  receive notice electronically. The failure to timely provide
 2742  notice of the recording of the amendment does not affect the
 2743  validity or enforceability of the amendment.
 2744         (9) ELECTIONS AND BOARD VACANCIES.—
 2745         (a) Elections of directors must be conducted in accordance
 2746  with the procedures set forth in the governing documents of the
 2747  association. Except as provided in paragraph (b), all members of
 2748  the association are eligible to serve on the board of directors,
 2749  and a member may nominate himself or herself as a candidate for
 2750  the board at a meeting where the election is to be held;
 2751  provided, however, that if the election process allows
 2752  candidates to be nominated in advance of the meeting, the
 2753  association is not required to allow nominations at the meeting.
 2754  An election is not required unless more candidates are nominated
 2755  than vacancies exist. Except as otherwise provided in the
 2756  governing documents, boards of directors must be elected by a
 2757  plurality of the votes cast by eligible voters. Any challenge to
 2758  the election process must be commenced within 60 days after the
 2759  election results are announced.
 2760         (b) A person who is delinquent in the payment of any fee,
 2761  fine, or other monetary obligation to the association on the day
 2762  that he or she could last nominate himself or herself or be
 2763  nominated for the board may not seek election to the board, and
 2764  his or her name may not be listed on the ballot. A person
 2765  serving as a board member who becomes more than 90 days
 2766  delinquent in the payment of any fee, fine, or other monetary
 2767  obligation to the association shall be deemed to have abandoned
 2768  his or her seat on the board, creating a vacancy on the board to
 2769  be filled according to law. For purposes of this paragraph, the
 2770  term “any fee, fine, or other monetary obligation” means any
 2771  delinquency to the association with respect to any parcel for
 2772  more than 90 days is not eligible for board membership. A person
 2773  who has been convicted of any felony in this state or in a
 2774  United States District or Territorial Court, or has been
 2775  convicted of any offense in another jurisdiction which would be
 2776  considered a felony if committed in this state, may not seek
 2777  election to the board and is not eligible for board membership
 2778  unless such felon’s civil rights have been restored for at least
 2779  5 years as of the date on which such person seeks election to
 2780  the board. The validity of any action by the board is not
 2781  affected if it is later determined that a person was ineligible
 2782  to seek election to the board or that a member of the board is
 2783  ineligible for board membership.
 2784         (c) Any election dispute between a member and an
 2785  association must be submitted to mandatory binding arbitration
 2786  with the division. Such proceedings must be conducted in the
 2787  manner provided by s. 718.1255 and the procedural rules adopted
 2788  by the division. Unless otherwise provided in the bylaws, any
 2789  vacancy occurring on the board before the expiration of a term
 2790  may be filled by an affirmative vote of the majority of the
 2791  remaining directors, even if the remaining directors constitute
 2792  less than a quorum, or by the sole remaining director. In the
 2793  alternative, a board may hold an election to fill the vacancy,
 2794  in which case the election procedures must conform to the
 2795  requirements of the governing documents. Unless otherwise
 2796  provided in the bylaws, a board member appointed or elected
 2797  under this section is appointed for the unexpired term of the
 2798  seat being filled. Filling vacancies created by recall is
 2799  governed by s. 720.303(10) and rules adopted by the division.
 2800         (10) RECORDING.—Any parcel owner may tape record or
 2801  videotape meetings of the board of directors and meetings of the
 2802  members; however, a parcel owner may not post the recordings on
 2803  any website or other media that can readily be viewed by persons
 2804  who are not members of the association. The board of directors
 2805  of the association may adopt reasonable rules governing the
 2806  taping of meetings of the board and the membership.
 2807         Section 24. Paragraph (a) of subsection (1) and subsection
 2808  (3) of section 720.3085, Florida Statutes, are amended to read:
 2809         720.3085 Payment for assessments; lien claims.—
 2810         (1) When authorized by the governing documents, the
 2811  association has a lien on each parcel to secure the payment of
 2812  assessments and other amounts provided for by this section.
 2813  Except as otherwise set forth in this section, the lien is
 2814  effective from and shall relate back to the date on which the
 2815  original declaration of the community was recorded. However, as
 2816  to first mortgages of record, the lien is effective from and
 2817  after recording of a claim of lien in the public records of the
 2818  county in which the parcel is located. This subsection does not
 2819  bestow upon any lien, mortgage, or certified judgment of record
 2820  on July 1, 2008, including the lien for unpaid assessments
 2821  created in this section, a priority that, by law, the lien,
 2822  mortgage, or judgment did not have before July 1, 2008.
 2823         (a) To be valid, a claim of lien must state the description
 2824  of the parcel, the name of the record owner, the name and
 2825  address of the association, the assessment amount due, and the
 2826  due date. The claim of lien secures all unpaid assessments that
 2827  are due and that may accrue subsequent to the recording of the
 2828  claim of lien and before entry of a certificate of title, as
 2829  well as interest, late charges, and reasonable collection costs
 2830  and attorney fees incurred by the association incident to the
 2831  collection process. The person making payment is entitled to a
 2832  satisfaction of the lien upon payment in full.
 2833         (3) Assessments and installments on assessments that are
 2834  not paid when due bear interest from the due date until paid at
 2835  the rate provided in the declaration of covenants or the bylaws
 2836  of the association, which rate may not exceed the rate allowed
 2837  by law. If no rate is provided in the declaration or bylaws,
 2838  interest accrues at the rate of 18 percent per year.
 2839         (a) If the declaration or bylaws so provide, the
 2840  association may also charge an administrative late fee not to
 2841  exceed the greater of $25 or 5 percent of the amount of each
 2842  installment that is paid past the due date. The association may
 2843  also recover from the parcel owner any reasonable charges
 2844  imposed upon the association under a written contract with its
 2845  management or bookkeeping company or collection agent which are
 2846  incurred in connection with collecting a delinquent assessment.
 2847  Such charges must be in a liquidated and noncontingent amount
 2848  and must be based on the actual time expended performing
 2849  necessary, nonduplicative services. Fees for collection are not
 2850  recoverable for the period after referral of the matter to an
 2851  association’s legal counsel.
 2852         (b) Any payment received by an association and accepted
 2853  shall be applied first to any interest accrued, then to any
 2854  administrative late fee, then to any costs and reasonable
 2855  attorney fees incurred in collection, then to any reasonable
 2856  costs for collection services contracted for by the association,
 2857  and then to the delinquent assessment. This paragraph applies
 2858  notwithstanding any restrictive endorsement, designation, or
 2859  instruction placed on or accompanying a payment. A late fee is
 2860  not subject to the provisions of chapter 687 and is not a fine.
 2861         Section 25. Section 720.317, Florida Statutes, is created
 2862  to read:
 2863         720.317 Electronic voting.—The association may conduct
 2864  elections by electronic voting if a member consents, in writing,
 2865  to voting electronically and the following requirements are met:
 2866         (1) The association provides each member with:
 2867         (a) A method to authenticate the member’s identity to the
 2868  electronic voting system.
 2869         (b) A method to secure the member’s vote from, among other
 2870  things, malicious software and the ability of others to remotely
 2871  monitor or control the electronic voting platform.
 2872         (c) A method to communicate with the electronic voting
 2873  system.
 2874         (d) A method to review an electronic ballot before its
 2875  transmission to the electronic voting system.
 2876         (e) A method to transmit an electronic ballot to the
 2877  electronic voting system which ensures the secrecy and integrity
 2878  of each ballot.
 2879         (f) A method to allow members to verify the authenticity of
 2880  receipts sent from the electronic voting system.
 2881         (g) A method to confirm, at least 14 days before the voting
 2882  deadline, that the member’s electronic voting platform can
 2883  successfully communicate with the electronic voting system.
 2884         (h) In the event of a disruption of the electronic voting
 2885  system, the ability to vote by mail or to deliver a ballot in
 2886  person.
 2887         (2) The association uses an electronic voting system that
 2888  is:
 2889         (a) Accessible to members with disabilities.
 2890         (b) Secure from, among other things, malicious software and
 2891  the ability of others to remotely monitor or control the system.
 2892         (c) Able to authenticate the member’s identity.
 2893         (d) Able to communicate with each member’s electronic
 2894  voting platform.
 2895         (e) Able to authenticate the validity of each electronic
 2896  ballot to ensure that the ballot is not altered in transit.
 2897         (f) Able to transmit a receipt from the electronic voting
 2898  system to each member who casts an electronic ballot.
 2899         (g) Able to permanently separate any authentication or
 2900  identifying information from the electronic ballot, rendering it
 2901  impossible to tie a ballot to a specific member.
 2902         (h) Able to allow the member to confirm that his or her
 2903  ballot has been received and counted.
 2904         (i) Able to store and keep electronic ballots accessible to
 2905  election officials for recount, inspection, and review purposes.
 2906         (3) A member voting electronically pursuant to this section
 2907  shall be counted as being in attendance at the meeting for
 2908  purposes of determining a quorum.
 2909         (4) The bylaws of an association must provide for and allow
 2910  voting pursuant to this section before this section shall apply.
 2911  This section may apply to some or all matters for which a vote
 2912  of the membership is required.
 2913         Section 26. This act shall take effect July 1, 2015.