Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 1274
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             03/08/2018 03:59 PM       .                                

       Senator Garcia moved the following:
    1         Senate Amendment to Amendment (166454) (with title
    2  amendment)
    4         Delete lines 5 - 120
    5  and insert:
    6         Section 1. Subsection (3), paragraphs (a), (b), and (g) of
    7  subsection (12), and paragraph (e) of subsection (13) of section
    8  718.111, Florida Statutes, are amended to read:
    9         718.111 The association.—
   12         (a) The association may contract, sue, or be sued with
   13  respect to the exercise or nonexercise of its powers. For these
   14  purposes, the powers of the association include, but are not
   15  limited to, the maintenance, management, and operation of the
   16  condominium property. After control of the association is
   17  obtained by unit owners other than the developer, the
   18  association may institute, maintain, settle, or appeal actions
   19  or hearings in its name on behalf of all unit owners concerning
   20  matters of common interest to most or all unit owners,
   21  including, but not limited to, the common elements; the roof and
   22  structural components of a building or other improvements;
   23  mechanical, electrical, and plumbing elements serving an
   24  improvement or a building; representations of the developer
   25  pertaining to any existing or proposed commonly used facilities;
   26  and protesting ad valorem taxes on commonly used facilities and
   27  on units; and may defend actions in eminent domain or bring
   28  inverse condemnation actions. If the association has the
   29  authority to maintain a class action, the association may be
   30  joined in an action as representative of that class with
   31  reference to litigation and disputes involving the matters for
   32  which the association could bring a class action. Nothing herein
   33  limits any statutory or common-law right of any individual unit
   34  owner or class of unit owners to bring any action without
   35  participation by the association which may otherwise be
   36  available.
   38  ================= T I T L E  A M E N D M E N T ================
   39  And the title is amended as follows:
   40         Delete lines 1846 - 1854
   41  and insert:
   42         718.111, F.S.; deleting a provision prohibiting an
   43         association from hiring an attorney who represents the
   44         management company of the association; revising
   45         condominium association recordkeeping