Florida Senate - 2017                                     SB 744
       
       
        
       By Senator Passidomo
       
       28-00888A-17                                           2017744__
    1                        A bill to be entitled                      
    2         An act relating to community associations; amending s.
    3         718.111, F.S.; revising reporting and record
    4         requirements; amending s. 718.112, F.S.; authorizing
    5         an association to adopt rules for posting certain
    6         notices on a website; revising provisions relating to
    7         required condominium and cooperative association
    8         bylaws; revising provisions relating to evidence of
    9         condominium and cooperative association compliance
   10         with the applicable fire and life safety code;
   11         revising unit and common elements required to be
   12         retrofitted; revising provisions relating to an
   13         association vote to forego retrofitting; providing
   14         applicability; amending s. 718.707, F.S.; revising the
   15         time period for classification as bulk assignee or
   16         bulk buyer; amending s. 719.104, F.S.; revising
   17         recordkeeping requirements; amending s. 719.1055,
   18         F.S.; revising provisions relating to required
   19         condominium and cooperative association bylaws;
   20         revising provisions relating to evidence of
   21         condominium and cooperative association compliance
   22         with the applicable fire and life safety code;
   23         revising unit and common elements required to be
   24         retrofitted; revising provisions relating to an
   25         association vote to forego retrofitting; providing
   26         applicability; amending s. 719.106, F.S.; prohibiting
   27         a board member from voting via e-mail; specifying
   28         notice requirements when regular or special
   29         assessments against unit owners are to be considered
   30         at a meeting; authorizing an association to adopt
   31         rules for posting certain notices on a website;
   32         amending s. 720.303, F.S.; prohibiting a board member
   33         from voting via e-mail; specifying reserve account
   34         amounts for maintenance expenses or replacement costs;
   35         revising requirements for the reserve account;
   36         authorizing a developer to waive the reserves or
   37         reduce funding of reserves under certain circumstances
   38         and subject to certain requirements; revising certain
   39         financial report requirements; deleting provisions
   40         specifying when an association is deemed to have
   41         provided for reserve accounts; revising the formula to
   42         determine funding for specified reserve accounts;
   43         requiring reserve funds and interest accruing to
   44         remain in the reserve accounts and limiting the
   45         expenditures for which such funds may be used under
   46         certain circumstances; specifying the voting interests
   47         that are eligible to vote to waive or reduce funding
   48         of reserves; providing voting requirements to waive or
   49         reduce funding of reserves; revising requirements for
   50         pooled accounts; providing requirements if a board
   51         adopts assessments against parcel owners under certain
   52         circumstances; providing a limit on assessments under
   53         certain circumstances; providing an exemption to
   54         certain requirements; amending s. 720.306, F.S.;
   55         providing elections requirements; amending s.
   56         720.3085, F.S.; providing applicability; providing an
   57         effective date.
   58          
   59  Be It Enacted by the Legislature of the State of Florida:
   60  
   61         Section 1. Subsections (12) and (13) of section 718.111,
   62  Florida Statutes, are amended to read:
   63         718.111 The association.—
   64         (12) OFFICIAL RECORDS.—
   65         (a) From the inception of the association, the association
   66  shall maintain each of the following items, if applicable, which
   67  constitutes the official records of the association:
   68         1. A copy of the plans, permits, warranties, and other
   69  items provided by the developer pursuant to s. 718.301(4).
   70         2. A photocopy of the recorded declaration of condominium
   71  of each condominium operated by the association and each
   72  amendment to each declaration.
   73         3. A photocopy of the recorded bylaws of the association
   74  and each amendment to the bylaws.
   75         4. A certified copy of the articles of incorporation of the
   76  association, or other documents creating the association, and
   77  each amendment thereto.
   78         5. A copy of the current rules of the association.
   79         6. A book or books that contain the minutes of all meetings
   80  of the association, the board of administration, and the unit
   81  owners, which minutes must be retained for at least 7 years.
   82         7. A current roster of all unit owners and their mailing
   83  addresses, unit identifications, and voting certifications, and,
   84  if known, telephone numbers. The association shall also maintain
   85  the electronic mailing addresses and facsimile numbers of unit
   86  owners consenting to receive notice by electronic transmission.
   87  The electronic mailing addresses and facsimile numbers are not
   88  accessible to unit owners if consent to receive notice by
   89  electronic transmission is not provided in accordance with
   90  subparagraph (c)5. However, the association is not liable for an
   91  inadvertent disclosure of the electronic mail address or
   92  facsimile number for receiving electronic transmission of
   93  notices.
   94         8. All current insurance policies of the association and
   95  condominiums operated by the association.
   96         9. A current copy of any management agreement, lease, or
   97  other contract to which the association is a party or under
   98  which the association or the unit owners have an obligation or
   99  responsibility.
  100         10. Bills of sale or transfer for all property owned by the
  101  association.
  102         11. Accounting records for the association and separate
  103  accounting records for each condominium that the association
  104  operates. All accounting records must be maintained for at least
  105  7 years. Any person who knowingly or intentionally defaces or
  106  destroys such records, or who knowingly or intentionally fails
  107  to create or maintain such records, with the intent of causing
  108  harm to the association or one or more of its members, is
  109  personally subject to a civil penalty pursuant to s.
  110  718.501(1)(d). The accounting records must include, but are not
  111  limited to:
  112         a. Accurate, itemized, and detailed records of all receipts
  113  and expenditures.
  114         b. A current account and a monthly, bimonthly, or quarterly
  115  statement of the account for each unit designating the name of
  116  the unit owner, the due date and amount of each assessment, the
  117  amount paid on the account, and the balance due.
  118         c. All audits, reviews, accounting statements, and
  119  financial reports of the association or condominium.
  120         d. All contracts for work to be performed. Bids for work to
  121  be performed are also considered official records and must be
  122  maintained by the association for 1 year.
  123         12. Ballots, sign-in sheets, voting proxies, and all other
  124  papers and electronic records relating to voting by unit owners,
  125  which must be maintained for 1 year from the date of the
  126  election, vote, or meeting to which the document relates,
  127  notwithstanding paragraph (b).
  128         13. All rental records if the association is acting as
  129  agent for the rental of condominium units.
  130         14. A copy of the current question and answer sheet as
  131  described in s. 718.504.
  132         15. All other written records of the association not
  133  specifically included in the foregoing which are related to the
  134  operation of the association.
  135         16. A copy of the inspection report as described in s.
  136  718.301(4)(p).
  137         (b) The official records of the association must be
  138  maintained within the state for at least 7 years. The records of
  139  the association shall be made available to a unit owner within
  140  45 miles of the condominium property or within the county in
  141  which the condominium property is located within 10 5 working
  142  days after receipt of a written request by the board or its
  143  designee. However, such distance requirement does not apply to
  144  an association governing a timeshare condominium. This paragraph
  145  may be complied with by having a copy of the official records of
  146  the association available for inspection or copying on the
  147  condominium property or association property, or the association
  148  may offer the option of making the records available to a unit
  149  owner electronically via the Internet or by allowing the records
  150  to be viewed in electronic format on a computer screen and
  151  printed upon request. The association is not responsible for the
  152  use or misuse of the information provided to an association
  153  member or his or her authorized representative pursuant to the
  154  compliance requirements of this chapter unless the association
  155  has an affirmative duty not to disclose such information
  156  pursuant to this chapter.
  157         (c) The official records of the association are open to
  158  inspection by any association member or the authorized
  159  representative of such member at all reasonable times. The right
  160  to inspect the records includes the right to make or obtain
  161  copies, at the reasonable expense, if any, of the member. The
  162  association may adopt reasonable rules regarding the frequency,
  163  time, location, notice, and manner of record inspections and
  164  copying. The failure of an association to provide the records
  165  within 10 working days after receipt of a written request
  166  creates a rebuttable presumption that the association willfully
  167  failed to comply with this paragraph. A unit owner who is denied
  168  access to official records is entitled to the actual damages or
  169  minimum damages for the association’s willful failure to comply.
  170  Minimum damages are $50 per calendar day for up to 10 days,
  171  beginning on the 11th working day after receipt of the written
  172  request. The failure to permit inspection entitles any person
  173  prevailing in an enforcement action to recover reasonable
  174  attorney fees from the person in control of the records who,
  175  directly or indirectly, knowingly denied access to the records.
  176  Any person who knowingly or intentionally defaces or destroys
  177  accounting records that are required by this chapter to be
  178  maintained during the period for which such records are required
  179  to be maintained, or who knowingly or intentionally fails to
  180  create or maintain accounting records that are required to be
  181  created or maintained, with the intent of causing harm to the
  182  association or one or more of its members, is personally subject
  183  to a civil penalty pursuant to s. 718.501(1)(d). The association
  184  shall maintain an adequate number of copies of the declaration,
  185  articles of incorporation, bylaws, and rules, and all amendments
  186  to each of the foregoing, as well as the question and answer
  187  sheet as described in s. 718.504 and year-end financial
  188  information required under this section, on the condominium
  189  property to ensure their availability to unit owners and
  190  prospective purchasers, and may charge its actual costs for
  191  preparing and furnishing these documents to those requesting the
  192  documents. An association shall allow a member or his or her
  193  authorized representative to use a portable device, including a
  194  smartphone, tablet, portable scanner, or any other technology
  195  capable of scanning or taking photographs, to make an electronic
  196  copy of the official records in lieu of the association’s
  197  providing the member or his or her authorized representative
  198  with a copy of such records. The association may not charge a
  199  member or his or her authorized representative for the use of a
  200  portable device. Notwithstanding this paragraph, the following
  201  records are not accessible to unit owners:
  202         1. Any record protected by the lawyer-client privilege as
  203  described in s. 90.502 and any record protected by the work
  204  product privilege, including a record prepared by an association
  205  attorney or prepared at the attorney’s express direction, which
  206  reflects a mental impression, conclusion, litigation strategy,
  207  or legal theory of the attorney or the association, and which
  208  was prepared exclusively for civil or criminal litigation or for
  209  adversarial administrative proceedings, or which was prepared in
  210  anticipation of such litigation or proceedings until the
  211  conclusion of the litigation or proceedings.
  212         2. Information obtained by an association in connection
  213  with the approval of the lease, sale, or other transfer of a
  214  unit.
  215         3. Personnel records of association or management company
  216  employees, including, but not limited to, disciplinary, payroll,
  217  health, and insurance records. For purposes of this
  218  subparagraph, the term “personnel records” does not include
  219  written employment agreements with an association employee or
  220  management company, or budgetary or financial records that
  221  indicate the compensation paid to an association employee.
  222         4. Medical records of unit owners.
  223         5. Social security numbers, driver license numbers, credit
  224  card numbers, e-mail addresses, telephone numbers, facsimile
  225  numbers, emergency contact information, addresses of a unit
  226  owner other than as provided to fulfill the association’s notice
  227  requirements, and other personal identifying information of any
  228  person, excluding the person’s name, unit designation, mailing
  229  address, property address, and any address, e-mail address, or
  230  facsimile number provided to the association to fulfill the
  231  association’s notice requirements. Notwithstanding the
  232  restrictions in this subparagraph, an association may print and
  233  distribute to parcel owners a directory containing the name,
  234  parcel address, and all telephone numbers of each parcel owner.
  235  However, an owner may exclude his or her telephone numbers from
  236  the directory by so requesting in writing to the association. An
  237  owner may consent in writing to the disclosure of other contact
  238  information described in this subparagraph. The association is
  239  not liable for the inadvertent disclosure of information that is
  240  protected under this subparagraph if the information is included
  241  in an official record of the association and is voluntarily
  242  provided by an owner and not requested by the association.
  243         6. Electronic security measures that are used by the
  244  association to safeguard data, including passwords.
  245         7. The software and operating system used by the
  246  association which allow the manipulation of data, even if the
  247  owner owns a copy of the same software used by the association.
  248  The data is part of the official records of the association.
  249         (d) The association shall prepare a question and answer
  250  sheet as described in s. 718.504, and shall update it annually.
  251         (e)1. The association or its authorized agent is not
  252  required to provide a prospective purchaser or lienholder with
  253  information about the condominium or the association other than
  254  information or documents required by this chapter to be made
  255  available or disclosed. The association or its authorized agent
  256  may charge a reasonable fee to the prospective purchaser,
  257  lienholder, or the current unit owner for providing good faith
  258  responses to requests for information by or on behalf of a
  259  prospective purchaser or lienholder, other than that required by
  260  law, if the fee does not exceed $150 plus the reasonable cost of
  261  photocopying and any attorney’s fees incurred by the association
  262  in connection with the response.
  263         2. An association and its authorized agent are not liable
  264  for providing such information in good faith pursuant to a
  265  written request if the person providing the information includes
  266  a written statement in substantially the following form: “The
  267  responses herein are made in good faith and to the best of my
  268  ability as to their accuracy.”
  269         (f) An outgoing board or committee member must relinquish
  270  all official records and property of the association in his or
  271  her possession or under his or her control to the incoming board
  272  within 5 days after the election. The division shall impose a
  273  civil penalty as set forth in s. 718.501(1)(d)6. against an
  274  outgoing board or committee member who willfully and knowingly
  275  fails to relinquish such records and property.
  276         (13) FINANCIAL REPORTING.—Within 90 days after the end of
  277  the fiscal year, or annually on a date provided in the bylaws,
  278  the association shall prepare and complete, or contract for the
  279  preparation and completion of, a financial report for the
  280  preceding fiscal year. Within 21 days after the final financial
  281  report is completed by the association or received from the
  282  third party, but not later than 120 days after the end of the
  283  fiscal year or other date as provided in the bylaws, the
  284  association shall mail to each unit owner at the address last
  285  furnished to the association by the unit owner, or hand deliver
  286  to each unit owner, a copy of the financial report or a notice
  287  that a copy of the financial report will be mailed or hand
  288  delivered to the unit owner, without charge, upon receipt of a
  289  written request from the unit owner. The division shall adopt
  290  rules setting forth uniform accounting principles and standards
  291  to be used by all associations and addressing the financial
  292  reporting requirements for multicondominium associations. The
  293  rules must include, but not be limited to, standards for
  294  presenting a summary of association reserves, including a good
  295  faith estimate disclosing the annual amount of reserve funds
  296  that would be necessary for the association to fully fund
  297  reserves for each reserve item based on the straight-line
  298  accounting method. This disclosure is not applicable to reserves
  299  funded via the pooling method. In adopting such rules, the
  300  division shall consider the number of members and annual
  301  revenues of an association. Financial reports shall be prepared
  302  as follows:
  303         (a) An association that meets the criteria of this
  304  paragraph shall prepare a complete set of financial statements
  305  in accordance with generally accepted accounting principles. The
  306  financial statements must be based upon the association’s total
  307  annual revenues, as follows:
  308         1. An association with total annual revenues of $150,000 or
  309  more, but less than $300,000, shall prepare compiled financial
  310  statements.
  311         2. An association with total annual revenues of at least
  312  $300,000, but less than $500,000, shall prepare reviewed
  313  financial statements.
  314         3. An association with total annual revenues of $500,000 or
  315  more shall prepare audited financial statements.
  316         (b)1. An association with total annual revenues of less
  317  than $150,000 shall prepare a report of cash receipts and
  318  expenditures.
  319         2.An association that operates fewer than 50 units,
  320  regardless of the association’s annual revenues, shall prepare a
  321  report of cash receipts and expenditures in lieu of financial
  322  statements required by paragraph (a).
  323         2.3. A report of cash receipts and disbursements must
  324  disclose the amount of receipts by accounts and receipt
  325  classifications and the amount of expenses by accounts and
  326  expense classifications, including, but not limited to, the
  327  following, as applicable: costs for security, professional and
  328  management fees and expenses, taxes, costs for recreation
  329  facilities, expenses for refuse collection and utility services,
  330  expenses for lawn care, costs for building maintenance and
  331  repair, insurance costs, administration and salary expenses, and
  332  reserves accumulated and expended for capital expenditures,
  333  deferred maintenance, and any other category for which the
  334  association maintains reserves.
  335         (c) An association may prepare, without a meeting of or
  336  approval by the unit owners:
  337         1. Compiled, reviewed, or audited financial statements, if
  338  the association is required to prepare a report of cash receipts
  339  and expenditures;
  340         2. Reviewed or audited financial statements, if the
  341  association is required to prepare compiled financial
  342  statements; or
  343         3. Audited financial statements if the association is
  344  required to prepare reviewed financial statements.
  345         (d) If approved by a majority of the voting interests
  346  present at a properly called meeting of the association, an
  347  association may prepare:
  348         1. A report of cash receipts and expenditures in lieu of a
  349  compiled, reviewed, or audited financial statement;
  350         2. A report of cash receipts and expenditures or a compiled
  351  financial statement in lieu of a reviewed or audited financial
  352  statement; or
  353         3. A report of cash receipts and expenditures, a compiled
  354  financial statement, or a reviewed financial statement in lieu
  355  of an audited financial statement.
  356  
  357  Such meeting and approval must occur before the end of the
  358  fiscal year and is effective only for the fiscal year in which
  359  the vote is taken, except that the approval may also be
  360  effective for the following fiscal year. If the developer has
  361  not turned over control of the association, all unit owners,
  362  including the developer, may vote on issues related to the
  363  preparation of the association’s financial reports, from the
  364  date of incorporation of the association through the end of the
  365  second fiscal year after the fiscal year in which the
  366  certificate of a surveyor and mapper is recorded pursuant to s.
  367  718.104(4)(e) or an instrument that transfers title to a unit in
  368  the condominium which is not accompanied by a recorded
  369  assignment of developer rights in favor of the grantee of such
  370  unit is recorded, whichever occurs first. Thereafter, all unit
  371  owners except the developer may vote on such issues until
  372  control is turned over to the association by the developer. Any
  373  audit or review prepared under this section shall be paid for by
  374  the developer if done before turnover of control of the
  375  association. An association may not waive the financial
  376  reporting requirements of this section for more than 3
  377  consecutive years.
  378         Section 2. Paragraphs (c) and (l) of subsection (2) of
  379  section 718.112, Florida Statutes, are amended to read:
  380         718.112 Bylaws.—
  381         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  382  following and, if they do not do so, shall be deemed to include
  383  the following:
  384         (c) Board of administration meetings.—Meetings of the board
  385  of administration at which a quorum of the members is present
  386  are open to all unit owners. Members of the board of
  387  administration may use e-mail as a means of communication but
  388  may not cast a vote on an association matter via e-mail. A unit
  389  owner may tape record or videotape the meetings. The right to
  390  attend such meetings includes the right to speak at such
  391  meetings with reference to all designated agenda items. The
  392  division shall adopt reasonable rules governing the tape
  393  recording and videotaping of the meeting. The association may
  394  adopt written reasonable rules governing the frequency,
  395  duration, and manner of unit owner statements.
  396         1. Adequate notice of all board meetings, which must
  397  specifically identify all agenda items, must be posted
  398  conspicuously on the condominium property at least 48 continuous
  399  hours before the meeting except in an emergency. If 20 percent
  400  of the voting interests petition the board to address an item of
  401  business, the board, within 60 days after receipt of the
  402  petition, shall place the item on the agenda at its next regular
  403  board meeting or at a special meeting called for that purpose.
  404  An item not included on the notice may be taken up on an
  405  emergency basis by a vote of at least a majority plus one of the
  406  board members. Such emergency action must be noticed and
  407  ratified at the next regular board meeting. Notice of any
  408  meeting in which a regular or special assessment against unit
  409  owners is to be considered must specifically state that
  410  assessments will be considered and provide the estimated amount
  411  and a description of the purposes for such assessments. However,
  412  Written notice of a meeting at which a nonemergency special
  413  assessment or an amendment to rules regarding unit use will be
  414  considered must be mailed, delivered, or electronically
  415  transmitted to the unit owners and posted conspicuously on the
  416  condominium property at least 14 days before the meeting.
  417  Evidence of compliance with this 14-day notice requirement must
  418  be made by an affidavit executed by the person providing the
  419  notice and filed with the official records of the association.
  420  Upon notice to the unit owners, the board shall, by duly adopted
  421  rule, designate a specific location on the condominium or
  422  association property where all notices of board meetings must be
  423  posted. If there is no condominium property or association
  424  property where notices can be posted, notices shall be mailed,
  425  delivered, or electronically transmitted to each unit owner at
  426  least 14 days before the meeting. In lieu of or in addition to
  427  the physical posting of the notice on the condominium property,
  428  the association may, by reasonable rule, adopt a procedure for
  429  conspicuously posting and repeatedly broadcasting the notice and
  430  the agenda on a closed-circuit cable television system serving
  431  the condominium association. However, if broadcast notice is
  432  used in lieu of a notice physically posted on condominium
  433  property, the notice and agenda must be broadcast at least four
  434  times every broadcast hour of each day that a posted notice is
  435  otherwise required under this section. If broadcast notice is
  436  provided, the notice and agenda must be broadcast in a manner
  437  and for a sufficient continuous length of time so as to allow an
  438  average reader to observe the notice and read and comprehend the
  439  entire content of the notice and the agenda. In addition to any
  440  of the authorized means of providing notice of a meeting of the
  441  board, the association may, by rule, adopt a procedure for
  442  conspicuously posting the meeting notice and the agenda on a
  443  website serving the condominium association for at least the
  444  minimum period of time for which a notice of a meeting is also
  445  required to be physically posted on the condominium property.
  446  Any rule adopted shall, in addition to other matters, include a
  447  requirement that the association send an electronic notice
  448  providing a hypertext link to the website where the notice is
  449  posted. Notice of any meeting in which regular or special
  450  assessments against unit owners are to be considered must
  451  specifically state that assessments will be considered and
  452  provide the nature, estimated cost, and description of the
  453  purposes for such assessments.
  454         2. Meetings of a committee to take final action on behalf
  455  of the board or make recommendations to the board regarding the
  456  association budget are subject to this paragraph. Meetings of a
  457  committee that does not take final action on behalf of the board
  458  or make recommendations to the board regarding the association
  459  budget are subject to this section, unless those meetings are
  460  exempted from this section by the bylaws of the association.
  461         3. Notwithstanding any other law, the requirement that
  462  board meetings and committee meetings be open to the unit owners
  463  does not apply to:
  464         a. Meetings between the board or a committee and the
  465  association’s attorney, with respect to proposed or pending
  466  litigation, if the meeting is held for the purpose of seeking or
  467  rendering legal advice; or
  468         b. Board meetings held for the purpose of discussing
  469  personnel matters.
  470         (l) Certificate of compliance.—A provision that a
  471  certificate of compliance from a licensed professional engineer
  472  electrical contractor or electrician may be accepted by the
  473  association’s board as evidence of compliance of the condominium
  474  units with the applicable fire and life safety code must be
  475  included. Notwithstanding chapter 633, s. 509.215, s.
  476  553.895(1), or of any other code, statute, ordinance,
  477  administrative rule, or regulation, or any interpretation of the
  478  foregoing, an association, residential condominium, or unit
  479  owner is not obligated to retrofit the common elements,
  480  association property, or units of a residential condominium with
  481  a fire sprinkler system or other engineered lifesafety system in
  482  a building that is 75 feet or less in height. There is no
  483  obligation to retrofit for a building greater than 75 feet in
  484  height, calculated from the lowest level of fire department
  485  vehicle access to the floor of the highest occupiable story, has
  486  been certified for occupancy by the applicable governmental
  487  entity if the unit owners have voted to forego such retrofitting
  488  by the affirmative vote of a majority of all voting interests in
  489  the affected condominium. There is no requirement that owners in
  490  condominiums of 75 feet or less conduct an opt-out vote; such
  491  condominiums are exempt from fire sprinkler or other engineered
  492  lifesafety retrofitting. The preceding sentence is intended to
  493  clarify existing law. The local authority having jurisdiction
  494  may not require completion of retrofitting with a fire sprinkler
  495  system or other engineered lifesafety system before January 1,
  496  2022 2020. By December 31, 2018 2016, an a residential
  497  condominium association that operates a residential condominium
  498  that is not in compliance with the requirements for a fire
  499  sprinkler system or other engineered lifesafety system and has
  500  not voted to forego retrofitting of such a system must initiate
  501  an application for a building permit for the required
  502  installation with the local government having jurisdiction
  503  demonstrating that the association will become compliant by
  504  December 31, 2021 2019.
  505         1. A vote to forego required retrofitting may be obtained
  506  by limited proxy or by a ballot personally cast at a duly called
  507  membership meeting, or by execution of a written consent by the
  508  member, or by electronic voting, and is effective upon recording
  509  a certificate executed by an officer or agent of the association
  510  attesting to such vote in the public records of the county where
  511  the condominium is located. When an opt-out vote is to be
  512  conducted at a meeting, the association shall mail or hand
  513  deliver to each unit owner written notice at least 14 days
  514  before the membership meeting in which the vote to forego
  515  retrofitting of the required fire sprinkler system or other
  516  engineered lifesafety system is to take place. Within 30 days
  517  after the association’s opt-out vote, notice of the results of
  518  the opt-out vote must be mailed or hand delivered to all unit
  519  owners. Evidence of compliance with this notice requirement must
  520  be made by affidavit executed by the person providing the notice
  521  and filed among the official records of the association. Failure
  522  to provide timely notice to unit owners does not invalidate an
  523  otherwise valid opt-out vote if notice of the results is
  524  provided to the owners. After notice is provided to each owner,
  525  a copy must be provided by the current owner to a new owner
  526  before closing and by a unit owner to a renter before signing a
  527  lease.
  528         2. If there has been a previous vote to forego
  529  retrofitting, a vote to require retrofitting may be obtained at
  530  a special meeting of the unit owners called by a petition of at
  531  least 10 percent of the voting interests or by a majority of the
  532  board of directors. Such a vote may only be called once every 3
  533  years. Notice shall be provided as required for any regularly
  534  called meeting of the unit owners, and must state the purpose of
  535  the meeting. Electronic transmission may not be used to provide
  536  notice of a meeting called in whole or in part for this purpose.
  537         3. As part of the information collected annually from
  538  condominiums, the division shall require condominium
  539  associations to report the membership vote and recording of a
  540  certificate under this subsection and, if retrofitting has been
  541  undertaken, the per-unit cost of such work. The division shall
  542  annually report to the Division of State Fire Marshal of the
  543  Department of Financial Services the number of condominiums that
  544  have elected to forego retrofitting. Compliance with this
  545  administrative reporting requirement does not affect the
  546  validity of an opt-out vote.
  547         4. Notwithstanding s. 553.509, a residential association
  548  may not be obligated to, and may forego the retrofitting of, any
  549  improvements required by s. 553.509(2) upon an affirmative vote
  550  of a majority of the voting interests in the affected
  551  condominium.
  552         Section 3. Section 718.707, Florida Statutes, is amended to
  553  read:
  554         718.707 Time limitation for classification as bulk assignee
  555  or bulk buyer.—A person acquiring condominium parcels may not be
  556  classified as a bulk assignee or bulk buyer unless the
  557  condominium parcels were acquired on or after July 1, 2010, but
  558  before July 1, 2018. The date of such acquisition shall be
  559  determined by the date of recording a deed or other instrument
  560  of conveyance for such parcels in the public records of the
  561  county in which the condominium is located, or by the date of
  562  issuing a certificate of title in a foreclosure proceeding with
  563  respect to such condominium parcels.
  564         Section 4. Paragraphs (a) and (b) of subsection (2) of
  565  section 719.104, Florida Statutes, are amended to read:
  566         719.104 Cooperatives; access to units; records; financial
  567  reports; assessments; purchase of leases.—
  568         (2) OFFICIAL RECORDS.—
  569         (a) From the inception of the association, the association
  570  shall maintain a copy of each of the following, where
  571  applicable, which shall constitute the official records of the
  572  association:
  573         1. The plans, permits, warranties, and other items provided
  574  by the developer pursuant to s. 719.301(4).
  575         2. A photocopy of the cooperative documents.
  576         3. A copy of the current rules of the association.
  577         4. A book or books containing the minutes of all meetings
  578  of the association, of the board of directors, and of the unit
  579  owners, which minutes shall be retained for a period of not less
  580  than 7 years.
  581         5. A current roster of all unit owners and their mailing
  582  addresses, unit identifications, voting certifications, and, if
  583  known, telephone numbers. The association shall also maintain
  584  the electronic mailing addresses and the numbers designated by
  585  unit owners for receiving notice sent by electronic transmission
  586  of those unit owners consenting to receive notice by electronic
  587  transmission. The electronic mailing addresses and numbers
  588  provided by unit owners to receive notice by electronic
  589  transmission shall be removed from association records when
  590  consent to receive notice by electronic transmission is revoked.
  591  However, the association is not liable for an erroneous
  592  disclosure of the electronic mail address or the number for
  593  receiving electronic transmission of notices.
  594         6. All current insurance policies of the association.
  595         7. A current copy of any management agreement, lease, or
  596  other contract to which the association is a party or under
  597  which the association or the unit owners have an obligation or
  598  responsibility.
  599         8. Bills of sale or transfer for all property owned by the
  600  association.
  601         9. Accounting records for the association and separate
  602  accounting records for each unit it operates, according to good
  603  accounting practices. All accounting records shall be maintained
  604  for a period of not less than 7 years. The accounting records
  605  shall include, but not be limited to:
  606         a. Accurate, itemized, and detailed records of all receipts
  607  and expenditures.
  608         b. A current account and a monthly, bimonthly, or quarterly
  609  statement of the account for each unit designating the name of
  610  the unit owner, the due date and amount of each assessment, the
  611  amount paid upon the account, and the balance due.
  612         c. All audits, reviews, accounting statements, and
  613  financial reports of the association.
  614         d. All contracts for work to be performed. Bids for work to
  615  be performed shall also be considered official records and shall
  616  be maintained for a period of 1 year.
  617         10. Ballots, sign-in sheets, voting proxies, and all other
  618  papers and electronic records relating to voting by unit owners,
  619  which shall be maintained for a period of 1 year after the date
  620  of the election, vote, or meeting to which the document relates.
  621         11. All rental records where the association is acting as
  622  agent for the rental of units.
  623         12. A copy of the current question and answer sheet as
  624  described in s. 719.504.
  625         13. All other written records of the association not
  626  specifically included in the foregoing which are related to the
  627  operation of the association.
  628         (b) The official records of the association must be
  629  maintained within the state for at least 7 years. The records of
  630  the association shall be made available to a unit owner within
  631  45 miles of the cooperative property or within the county in
  632  which the cooperative property is located within 10 5 working
  633  days after receipt of written request by the board or its
  634  designee. This paragraph may be complied with by having a copy
  635  of the official records of the association available for
  636  inspection or copying on the cooperative property or the
  637  association may offer the option of making the records available
  638  to a unit owner electronically via the Internet or by allowing
  639  the records to be viewed in an electronic format on a computer
  640  screen and printed upon request. The association is not
  641  responsible for the use or misuse of the information provided to
  642  an association member or his or her authorized representative
  643  pursuant to the compliance requirements of this chapter unless
  644  the association has an affirmative duty not to disclose such
  645  information pursuant to this chapter.
  646         Section 5. Subsection (5) of section 719.1055, Florida
  647  Statutes, is amended to read:
  648         719.1055 Amendment of cooperative documents; alteration and
  649  acquisition of property.—
  650         (5) The bylaws must include a provision whereby a
  651  certificate of compliance from a licensed professional engineer
  652  electrical contractor or electrician may be accepted by the
  653  association’s board as evidence of compliance of the cooperative
  654  units with the applicable fire and life safety code.
  655         (a)1. Notwithstanding chapter 633, s. 509.215, s.
  656  553.895(1), or any other code, statute, ordinance,
  657  administrative rule, or regulation, or any interpretation of the
  658  foregoing, an association a cooperative or unit owner is not
  659  obligated to retrofit the common elements or units of a
  660  residential cooperative with a fire sprinkler system or other
  661  engineered lifesafety system in a building that is 75 feet or
  662  less in height. There is no obligation to retrofit for a
  663  building greater than 75 feet in height, calculated from the
  664  lowest level of fire department vehicle access to the floor of
  665  the highest occupiable story, has been certified for occupancy
  666  by the applicable governmental entity if the unit owners have
  667  voted to forego such retrofitting by the affirmative vote of a
  668  majority of all voting interests in the affected cooperative.
  669  There is no requirement that owners in cooperatives of 75 feet
  670  or less conduct an opt-out vote; such cooperatives are exempt
  671  from fire sprinkler or other engineered life safety
  672  retrofitting. The preceding sentence is intended to clarify
  673  existing law. The local authority having jurisdiction may not
  674  require completion of retrofitting with a fire sprinkler system
  675  or other engineered life safety system before January 1, 2022
  676  the end of 2019. By December 31, 2018 2016, a cooperative that
  677  is not in compliance with the requirements for a fire sprinkler
  678  system or other engineered lifesafety system and has not voted
  679  to forego retrofitting of such a system must initiate an
  680  application for a building permit for the required installation
  681  with the local government having jurisdiction demonstrating that
  682  the cooperative will become compliant by December 31, 2021 2019.
  683         2. A vote to forego required retrofitting may be obtained
  684  by limited proxy or by a ballot personally cast at a duly called
  685  membership meeting, or by execution of a written consent by the
  686  member, or by electronic voting, and is effective upon recording
  687  a certificate executed by an officer or agent of the association
  688  attesting to such vote in the public records of the county where
  689  the cooperative is located. When the opt-out vote is to be
  690  conducted at a meeting, the cooperative shall mail or hand
  691  deliver to each unit owner written notice at least 14 days
  692  before the membership meeting in which the vote to forego
  693  retrofitting of the required fire sprinkler system or other
  694  engineered lifesafety system is to take place. Within 30 days
  695  after the cooperative’s opt-out vote, notice of the results of
  696  the opt-out vote must be mailed or hand delivered to all unit
  697  owners. Evidence of compliance with this notice requirement must
  698  be made by affidavit executed by the person providing the notice
  699  and filed among the official records of the cooperative. Failure
  700  to provide timely notice to unit owners does not invalidate an
  701  otherwise valid opt-out vote if notice of the results is
  702  provided to the owners. After notice is provided to each owner,
  703  a copy must be provided by the current owner to a new owner
  704  before closing and by a unit owner to a renter before signing a
  705  lease.
  706         (b) If there has been a previous vote to forego
  707  retrofitting, a vote to require retrofitting may be obtained at
  708  a special meeting of the unit owners called by a petition of
  709  least 10 percent of the voting interests or by a majority of the
  710  board of directors. Such vote may only be called once every 3
  711  years. Notice must be provided as required for any regularly
  712  called meeting of the unit owners, and the notice must state the
  713  purpose of the meeting. Electronic transmission may not be used
  714  to provide notice of a meeting called in whole or in part for
  715  this purpose.
  716         (c) As part of the information collected annually from
  717  cooperatives, the division shall require associations to report
  718  the membership vote and recording of a certificate under this
  719  subsection and, if retrofitting has been undertaken, the per
  720  unit cost of such work. The division shall annually report to
  721  the Division of State Fire Marshal of the Department of
  722  Financial Services the number of cooperatives that have elected
  723  to forego retrofitting. Compliance with this administrative
  724  reporting requirement does not affect the validity of an opt-out
  725  vote.
  726         Section 6. Paragraph (c) of subsection (1) of section
  727  719.106, Florida Statutes, is amended to read:
  728         719.106 Bylaws; cooperative ownership.—
  729         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
  730  documents shall provide for the following, and if they do not,
  731  they shall be deemed to include the following:
  732         (c) Board of administration meetings.Members of the board
  733  of administration may use e-mail as a means of communication,
  734  but may not cast a vote on an association matter via e-mail.
  735  Meetings of the board of administration at which a quorum of the
  736  members is present shall be open to all unit owners. Any unit
  737  owner may tape record or videotape meetings of the board of
  738  administration. The right to attend such meetings includes the
  739  right to speak at such meetings with reference to all designated
  740  agenda items. The division shall adopt reasonable rules
  741  governing the tape recording and videotaping of the meeting. The
  742  association may adopt reasonable written rules governing the
  743  frequency, duration, and manner of unit owner statements.
  744  Adequate notice of all meetings shall be posted in a conspicuous
  745  place upon the cooperative property at least 48 continuous hours
  746  preceding the meeting, except in an emergency. Any item not
  747  included on the notice may be taken up on an emergency basis by
  748  at least a majority plus one of the members of the board. Such
  749  emergency action shall be noticed and ratified at the next
  750  regular meeting of the board. Notice of any meeting in which
  751  regular or special assessments against unit owners are to be
  752  considered must specifically state that assessments will be
  753  considered and provide the estimated amount and description of
  754  the purposes for such assessments. However, Written notice of
  755  any meeting at which nonemergency special assessments, or at
  756  which amendment to rules regarding unit use, will be considered
  757  shall be mailed, delivered, or electronically transmitted to the
  758  unit owners and posted conspicuously on the cooperative property
  759  not less than 14 days before the meeting. Evidence of compliance
  760  with this 14-day notice shall be made by an affidavit executed
  761  by the person providing the notice and filed among the official
  762  records of the association. Upon notice to the unit owners, the
  763  board shall by duly adopted rule designate a specific location
  764  on the cooperative property upon which all notices of board
  765  meetings shall be posted. In lieu of or in addition to the
  766  physical posting of notice of any meeting of the board of
  767  administration on the cooperative property, the association may,
  768  by reasonable rule, adopt a procedure for conspicuously posting
  769  and repeatedly broadcasting the notice and the agenda on a
  770  closed-circuit cable television system serving the cooperative
  771  association. However, if broadcast notice is used in lieu of a
  772  notice posted physically on the cooperative property, the notice
  773  and agenda must be broadcast at least four times every broadcast
  774  hour of each day that a posted notice is otherwise required
  775  under this section. When broadcast notice is provided, the
  776  notice and agenda must be broadcast in a manner and for a
  777  sufficient continuous length of time so as to allow an average
  778  reader to observe the notice and read and comprehend the entire
  779  content of the notice and the agenda. In addition to any of the
  780  authorized means of providing notice of a meeting of the board,
  781  the association may, by rule, adopt a procedure for
  782  conspicuously posting the meeting notice and the agenda on a
  783  website serving the cooperative association for at least the
  784  minimum period of time for which a notice of a meeting is also
  785  required to be physically posted on the cooperative property.
  786  Any rule adopted shall, in addition to other matters, include a
  787  requirement that the association send an electronic notice
  788  providing a hypertext link to the website where the notice is
  789  posted. Notice of any meeting in which regular assessments
  790  against unit owners are to be considered for any reason shall
  791  specifically contain a statement that assessments will be
  792  considered and the nature of any such assessments. Meetings of a
  793  committee to take final action on behalf of the board or to make
  794  recommendations to the board regarding the association budget
  795  are subject to the provisions of this paragraph. Meetings of a
  796  committee that does not take final action on behalf of the board
  797  or make recommendations to the board regarding the association
  798  budget are subject to the provisions of this section, unless
  799  those meetings are exempted from this section by the bylaws of
  800  the association. Notwithstanding any other law to the contrary,
  801  the requirement that board meetings and committee meetings be
  802  open to the unit owners does not apply to board or committee
  803  meetings held for the purpose of discussing personnel matters or
  804  meetings between the board or a committee and the association’s
  805  attorney, with respect to proposed or pending litigation, if the
  806  meeting is held for the purpose of seeking or rendering legal
  807  advice.
  808         Section 7. Paragraph (a) of subsection (2) and subsection
  809  (6) of section 720.303, Florida Statutes, are amended to read:
  810         720.303 Association powers and duties; meetings of board;
  811  official records; budgets; budget meetings; financial reporting;
  812  association funds; recalls.—
  813         (2) BOARD MEETINGS.—
  814         (a) Members of the board of administration may use e-mail
  815  as a means of communication, but may not cast a vote on an
  816  association matter via e-mail. A meeting of the board of
  817  directors of an association occurs whenever a quorum of the
  818  board gathers to conduct association business. Meetings of the
  819  board must be open to all members, except for meetings between
  820  the board and its attorney with respect to proposed or pending
  821  litigation where the contents of the discussion would otherwise
  822  be governed by the attorney-client privilege. A meeting of the
  823  board must be held at a location that is accessible to a
  824  physically handicapped person if requested by a physically
  825  handicapped person who has a right to attend the meeting. The
  826  provisions of this subsection shall also apply to the meetings
  827  of any committee or other similar body when a final decision
  828  will be made regarding the expenditure of association funds and
  829  to meetings of any body vested with the power to approve or
  830  disapprove architectural decisions with respect to a specific
  831  parcel of residential property owned by a member of the
  832  community.
  833         (6) BUDGETS; BUDGET MEETINGS.—
  834         (a) The association shall prepare an annual budget that
  835  sets out the annual operating expenses. The budget must reflect
  836  the estimated revenues and expenses for that year and the
  837  estimated surplus or deficit as of the end of the current year.
  838  The budget must set out separately all fees or charges paid for
  839  by the association for recreational amenities, whether owned by
  840  the association, the developer, or another person. The
  841  association shall provide each member with a copy of the annual
  842  budget or a written notice that a copy of the budget is
  843  available upon request at no charge to the member. The copy must
  844  be provided to the member within the time limits set forth in
  845  subsection (5).
  846         (b) In addition to annual operating expenses, the budget
  847  must may include reserve accounts for capital expenditures and
  848  deferred maintenance for which are obligations of the
  849  association under is responsible. If reserve accounts are not
  850  established pursuant to paragraph (d), funding of such reserves
  851  is limited to the extent that the governing documents for any
  852  item that has a deferred maintenance expense or replacement cost
  853  that exceeds $10,000. The amount to be reserved must be computed
  854  using a formula based upon estimated remaining useful life and
  855  estimated replacement cost or deferred maintenance expense of
  856  each reserve item. The association may adjust replacement
  857  reserve limit increases in assessments annually to take into
  858  account any changes in estimates or extension of the useful life
  859  of a reserve item caused by deferred maintenance. This
  860  subsection does not apply to an adopted budget in which the
  861  members of an association have determined, by a majority vote at
  862  a duly called meeting, including reserves. If the budget of the
  863  association, to provide no reserves or less reserves than
  864  required by this subsection includes reserve accounts
  865  established pursuant to paragraph (d), such reserves shall be
  866  determined, maintained, and waived in the manner provided in
  867  this subsection. Once an association provides for reserve
  868  accounts pursuant to paragraph (d), the association shall
  869  thereafter determine, maintain, and waive reserves in compliance
  870  with this subsection. This section does not preclude the
  871  termination of a reserve account established pursuant to this
  872  paragraph upon approval of a majority of the total voting
  873  interests of the association. Upon such approval, the
  874  terminating reserve account shall be removed from the budget.
  875         (c)1.Before turnover of control of an If the budget of the
  876  association pursuant to s. 720.307, the developer may vote the
  877  voting interests allocated to its parcels to waive the reserves
  878  or reduce the funding of reserves through the period expiring at
  879  the end of the second fiscal year after the fiscal year in which
  880  the governing documents are initially recorded or an instrument
  881  that transfers title to a parcel subject to the governing
  882  documents which is not accompanied by a recorded assignment of
  883  developer rights in favor of the grantee of such parcel is
  884  recorded, whichever occurs first, after which time reserves may
  885  be waived or reduced only upon the vote of a majority of all
  886  nondeveloper voting interests voting in person or by limited
  887  proxy at a duly called meeting of the association. does not
  888  provide for reserve accounts pursuant to paragraph (d) and the
  889  association is responsible for the repair and maintenance of
  890  capital improvements that may result in a special assessment if
  891  reserves are not provided, each financial report for the
  892  preceding fiscal year required by subsection (7) must contain
  893  the following statement in conspicuous type:
  894  THE BUDGET OF THE ASSOCIATION DOES NOT PROVIDE FOR RESERVE
  895  ACCOUNTS FOR CAPITAL EXPENDITURES AND DEFERRED MAINTENANCE THAT
  896  MAY RESULT IN SPECIAL ASSESSMENTS. OWNERS MAY ELECT TO PROVIDE
  897  FOR RESERVE ACCOUNTS PURSUANT TO SECTION 720.303(6), FLORIDA
  898  STATUTES, UPON OBTAINING THE APPROVAL OF A MAJORITY OF THE TOTAL
  899  VOTING INTERESTS OF THE ASSOCIATION BY VOTE OF THE MEMBERS AT A
  900  MEETING OR BY WRITTEN CONSENT.
  901         2.If the budget of the association does provide for
  902  funding accounts for deferred expenditures, including, but not
  903  limited to, funds for capital expenditures and deferred
  904  maintenance, but such accounts are not created or established
  905  pursuant to paragraph (d), each financial report for the
  906  preceding fiscal year required under subsection (7) must also
  907  contain the following statement in conspicuous type:
  908  THE BUDGET OF THE ASSOCIATION PROVIDES FOR LIMITED VOLUNTARY
  909  DEFERRED EXPENDITURE ACCOUNTS, INCLUDING CAPITAL EXPENDITURES
  910  AND DEFERRED MAINTENANCE, SUBJECT TO LIMITS ON FUNDING CONTAINED
  911  IN OUR GOVERNING DOCUMENTS. BECAUSE THE OWNERS HAVE NOT ELECTED
  912  TO PROVIDE FOR RESERVE ACCOUNTS PURSUANT TO SECTION 720.303(6),
  913  FLORIDA STATUTES, THESE FUNDS ARE NOT SUBJECT TO THE
  914  RESTRICTIONS ON USE OF SUCH FUNDS SET FORTH IN THAT STATUTE, NOR
  915  ARE RESERVES CALCULATED IN ACCORDANCE WITH THAT STATUTE.
  916         (d)An association is deemed to have provided for reserve
  917  accounts if reserve accounts have been initially established by
  918  the developer or if the membership of the association
  919  affirmatively elects to provide for reserves. If reserve
  920  accounts are established by the developer, the budget must
  921  designate the components for which the reserve accounts may be
  922  used. If reserve accounts are not initially provided by the
  923  developer, the membership of the association may elect to do so
  924  upon the affirmative approval of a majority of the total voting
  925  interests of the association. Such approval may be obtained by
  926  vote of the members at a duly called meeting of the membership
  927  or by the written consent of a majority of the total voting
  928  interests of the association. The approval action of the
  929  membership must state that reserve accounts shall be provided
  930  for in the budget and must designate the components for which
  931  the reserve accounts are to be established. Upon approval by the
  932  membership, the board of directors shall include the required
  933  reserve accounts in the budget in the next fiscal year following
  934  the approval and each year thereafter. Once established as
  935  provided in this subsection, the reserve accounts must be funded
  936  or maintained or have their funding waived in the manner
  937  provided in paragraph (f).
  938         (e)The amount to be reserved in any account established
  939  shall be computed by means of a formula that is based upon
  940  estimated remaining useful life and estimated replacement cost
  941  or deferred maintenance expense of each reserve item. The
  942  association may adjust replacement reserve assessments annually
  943  to take into account any changes in estimates of cost or useful
  944  life of a reserve item.
  945         (f)After one or more reserve accounts are established, the
  946  membership of the association, upon a majority vote at a meeting
  947  at which a quorum is present, may provide for no reserves or
  948  less reserves than required by this section. If a meeting of the
  949  parcel unit owners has been called to determine whether to waive
  950  or reduce the funding of reserves and such result is not
  951  achieved or a quorum is not present, the reserves as included in
  952  the budget go into effect. After the turnover, the developer may
  953  vote its voting interest to waive or reduce the funding of
  954  reserves. Any vote taken pursuant to this subsection to waive or
  955  reduce reserves is applicable only to one budget year.
  956         (d)Reserve funds and any interest accruing thereon shall
  957  remain in the reserve account or accounts and may be used only
  958  for authorized reserve expenditures unless their use for other
  959  purposes is approved in advance by a majority vote at a duly
  960  called meeting of the association. Before turnover of control of
  961  an association by a developer to parcel owners other than the
  962  developer pursuant to s. 720.307, the developer-controlled
  963  association may not vote to use reserves for purposes other than
  964  those for which they were intended without the approval of a
  965  majority of all nondeveloper voting interests, voting in person
  966  or by limited proxy at a duly called meeting of the association.
  967         (e)The only voting interests that are eligible to vote on
  968  questions that involve waiving or reducing the funding of
  969  reserves, or using existing reserve funds for purposes other
  970  than purposes for which the reserves were intended, are the
  971  voting interests of the parcels subject to assessment to fund
  972  the reserves in question. Any vote taken pursuant to this
  973  subsection to waive or reduce reserves is applicable only to 1
  974  budget year. Proxy questions relating to waiving or reducing the
  975  funding of reserves or using existing reserve funds for purposes
  976  other than purposes for which the reserves were intended must
  977  contain the following statement in capitalized, bold letters in
  978  a font size larger than any other used on the face of the proxy
  979  ballot: WAIVING OF RESERVES, IN WHOLE OR IN PART, OR ALLOWING
  980  ALTERNATIVE USES OF EXISTING RESERVES MAY RESULT IN PARCEL OWNER
  981  LIABILITY FOR PAYMENT OF UNANTICIPATED SPECIAL ASSESSMENTS
  982  REGARDING THOSE ITEMS.
  983         (f)Funding formulas for reserves required by this section
  984  shall be based on a pooled analysis of two or more of the items
  985  for which reserves are required to be accrued pursuant to this
  986  subsection. The amount of the contribution to the pooled reserve
  987  account as disclosed on the proposed budget may not be less than
  988  that required to ensure that the balance on hand at the
  989  beginning of the period the budget will go into effect plus the
  990  projected annual cash inflows over the remaining estimated
  991  useful life of all of the assets that make up the reserve pool
  992  are equal to or greater than the projected annual cash outflows
  993  over the remaining estimated useful lives of all the assets that
  994  make up the reserve pool based on the current reserve analysis.
  995  The projected annual cash inflows may include estimated earnings
  996  from investment of principal and accounts receivable minus the
  997  allowance for doubtful accounts. The reserve funding formula may
  998  not include any type of balloon payments.
  999         (g) As an alternative to the pooled analysis method
 1000  described in paragraph (f) and, if approved by a majority vote
 1001  at a meeting of the members of the association at which a quorum
 1002  is present, the funding formulas for reserves required
 1003  authorized by this section may must be based on a separate
 1004  analysis of each of the required assets or a pooled analysis of
 1005  two or more of the required assets. 1. If the association
 1006  maintains separate reserve accounts for each of the required
 1007  assets, the amount of the contribution to each reserve account
 1008  is the sum of the following two calculations:
 1009         1.a. The total amount necessary, if any, to bring a
 1010  negative component balance to zero.
 1011         2.b. The total estimated deferred maintenance expense or
 1012  estimated replacement cost of the reserve component less the
 1013  estimated balance of the reserve component as of the beginning
 1014  of the period the budget will be in effect. The remainder, if
 1015  greater than zero, shall be divided by the estimated remaining
 1016  useful life of the component.
 1017  
 1018  The formula may be adjusted each year for changes in estimates
 1019  and deferred maintenance performed during the year and may
 1020  include factors such as inflation and earnings on invested
 1021  funds. An association may convert its funding formulas from a
 1022  component method to a pooled method, as described in paragraph
 1023  (f), at any time if approved by a majority vote at a meeting at
 1024  which a quorum is present.
 1025         2.If the association maintains a pooled account of two or
 1026  more of the required reserve assets, the amount of the
 1027  contribution to the pooled reserve account as disclosed on the
 1028  proposed budget may not be less than that required to ensure
 1029  that the balance on hand at the beginning of the period the
 1030  budget will go into effect plus the projected annual cash
 1031  inflows over the remaining estimated useful life of all of the
 1032  assets that make up the reserve pool are equal to or greater
 1033  than the projected annual cash outflows over the remaining
 1034  estimated useful lives of all the assets that make up the
 1035  reserve pool, based on the current reserve analysis. The
 1036  projected annual cash inflows may include estimated earnings
 1037  from investment of principal and accounts receivable minus the
 1038  allowance for doubtful accounts. The reserve funding formula may
 1039  not include any type of balloon payments.
 1040         (h)1.Reserve funds and Any interest accruing thereon shall
 1041  remain in the reserve account or accounts and shall be used only
 1042  for authorized reserve expenditures unless their use for other
 1043  purposes is approved in advance by a majority vote at a meeting
 1044  at which a proposed annual budget of an association will be
 1045  considered by the board or a quorum is present. Prior to
 1046  turnover of control of an association by a developer to parcel
 1047  owners shall be open to all parcel owners, the developer
 1048  controlled association shall not vote to use reserves for
 1049  purposes other than those for which they were intended without
 1050  the approval of a majority of all nondeveloper voting interests
 1051  voting in person or by limited proxy at a duly called meeting of
 1052  the association.
 1053         2.a.If a board adopts in any fiscal year an annual budget
 1054  which requires assessments against parcel owners which exceed
 1055  115 percent of assessments for the preceding fiscal year, the
 1056  board shall conduct a special meeting of the parcel owners to
 1057  consider a substitute budget if the board receives, within 21
 1058  days after adoption of the annual budget, a written request for
 1059  a special meeting from at least 10 percent of all voting
 1060  interests. The special meeting shall be conducted within 60 days
 1061  after adoption of the annual budget. At least 14 days before
 1062  such special meeting, the board shall hand deliver to each
 1063  parcel owner, or mail to each parcel owner at the address last
 1064  furnished to the association, a notice of the meeting. An
 1065  officer or manager of the association, or other person providing
 1066  notice of such meeting, shall execute an affidavit evidencing
 1067  compliance with this notice requirement, and such affidavit
 1068  shall be filed among the official records of the association.
 1069  Parcel owners may consider and adopt a substitute budget at the
 1070  special meeting. A substitute budget is adopted if approved by a
 1071  majority of all voting interests unless the bylaws require
 1072  adoption by a greater percentage of voting interests. If there
 1073  is not a quorum at the special meeting or a substitute budget is
 1074  not adopted, the annual budget previously adopted by the board
 1075  shall take effect as scheduled.
 1076         b.Any determination of whether assessments exceed 115
 1077  percent of assessments for the prior fiscal year shall exclude
 1078  any authorized provision for reasonable reserves for repair or
 1079  replacement of the association property, anticipated expenses of
 1080  the association which the board does not expect to be incurred
 1081  on a regular or annual basis, or assessments for betterments to
 1082  the condominiumproperty.
 1083         c.If the developer controls the board, assessments may not
 1084  exceed 115 percent of assessments for the prior fiscal year
 1085  unless approved by a majority of all voting interests.
 1086         (i)The provisions of paragraphs (b)-(h) do not apply to
 1087  mandatory reserve accounts required to be established and
 1088  maintained by an association at the direction of a county or
 1089  municipal government, water or drainage management district,
 1090  community development district, or other political subdivision
 1091  that has the authority to approve and control subdivision
 1092  infrastructure which is being entrusted to the care of an
 1093  association on condition that the association establish and
 1094  maintain one or more mandatory reserve accounts for the deferred
 1095  maintenance or replacement of the infrastructure in accordance
 1096  with the requirements of that entrusting authority.
 1097         Section 8. Paragraph (a) of subsection (9) of section
 1098  720.306, Florida Statutes, is amended to read:
 1099         720.306 Meetings of members; voting and election
 1100  procedures; amendments.—
 1101         (9) ELECTIONS AND BOARD VACANCIES.—
 1102         (a) Elections of directors must be conducted in accordance
 1103  with the procedures set forth in the governing documents of the
 1104  association. Except as provided in paragraph (b), all members of
 1105  the association are eligible to serve on the board of directors,
 1106  and a member may nominate himself or herself as a candidate for
 1107  the board at a meeting where the election is to be held;
 1108  provided, however, that if the election process allows
 1109  candidates to be nominated in advance of the meeting, the
 1110  association is not required to allow nominations at the meeting.
 1111  An election is not required unless more candidates are nominated
 1112  than vacancies exist. If an election is not required because
 1113  there are either an equal number or fewer qualified candidates
 1114  than vacancies exist, and if nominations from the floor are not
 1115  required pursuant to this section or the bylaws, write-in
 1116  nominations are not permitted and such candidates shall commence
 1117  service on the board of directors, regardless of whether a
 1118  quorum is attained at the annual meeting. Except as otherwise
 1119  provided in the governing documents, boards of directors must be
 1120  elected by a plurality of the votes cast by eligible voters. Any
 1121  challenge to the election process must be commenced within 60
 1122  days after the election results are announced.
 1123         Section 9. Paragraph (b) of subsection (3) of section
 1124  720.3085, Florida Statutes, is amended to read:
 1125         720.3085 Payment for assessments; lien claims.—
 1126         (3) Assessments and installments on assessments that are
 1127  not paid when due bear interest from the due date until paid at
 1128  the rate provided in the declaration of covenants or the bylaws
 1129  of the association, which rate may not exceed the rate allowed
 1130  by law. If no rate is provided in the declaration or bylaws,
 1131  interest accrues at the rate of 18 percent per year.
 1132         (b) Any payment received by an association and accepted
 1133  shall be applied first to any interest accrued, then to any
 1134  administrative late fee, then to any costs and reasonable
 1135  attorney fees incurred in collection, and then to the delinquent
 1136  assessment. This paragraph applies notwithstanding any
 1137  restrictive endorsement, designation, or instruction placed on
 1138  or accompanying a payment. A late fee is not subject to the
 1139  provisions of chapter 687 and is not a fine. The foregoing is
 1140  applicable notwithstanding s. 673.3111, any purported accord and
 1141  satisfaction, or any restrictive endorsement, designation, or
 1142  instruction placed on or accompanying a payment. The preceding
 1143  sentence is intended to clarify existing law.
 1144         Section 10. This act shall take effect July 1, 2017.