Florida Senate - 2018                                    SB 1274
       
       
        
       By Senator Passidomo
       
       
       
       
       
       28-01095-18                                           20181274__
    1                        A bill to be entitled                      
    2         An act relating to community associations; amending s.
    3         718.111, F.S.; deleting a provision prohibiting an
    4         association from hiring an attorney who represents the
    5         management company of the association; revising
    6         condominium association recordkeeping and financial
    7         reporting requirements; amending s. 718.112, F.S.;
    8         revising provisions relating to required association
    9         bylaws; authorizing an association to adopt rules for
   10         posting certain notices on a website; providing
   11         responsibilities for unit owners who receive
   12         electronic notices; revising and providing board
   13         member recall and challenge requirements; authorizing
   14         the recovery of attorney fees and costs in an action
   15         to challenge the validity of a board member recall;
   16         amending s. 718.113, F.S.; revising voting
   17         requirements relating to alterations and additions to
   18         certain common elements or association property;
   19         amending s. 718.3026, F.S.; removing a provision
   20         relating to certain contracts or transactions
   21         regarding conflicts of interest; amending s. 718.3027,
   22         F.S.; providing requirements for proposed activity
   23         that is identified as a conflict of interest; amending
   24         s. 718.303, F.S.; revising fine and suspension
   25         requirements; amending s. 718.707, F.S.; revising the
   26         time limitation for classification as a bulk assignee
   27         or bulk buyer; amending s. 719.104, F.S.; revising
   28         cooperative association recordkeeping requirements;
   29         amending s. 719.106, F.S.; revising the composition of
   30         boards of administration; placing an additional
   31         restriction on service as a board member; prohibiting
   32         a board member from voting via e-mail; requiring that
   33         a notice for certain meetings contain certain
   34         information; authorizing an association to adopt rules
   35         for posting certain notices on a website; requiring
   36         that an adopted rule contain a certain requirement
   37         related to electronic notice; providing
   38         responsibilities for unit owners who receive
   39         electronic notices; providing that directors or
   40         officers who are delinquent in certain payments owed
   41         in excess of certain periods of time are deemed to
   42         have abandoned their offices; amending s. 719.107,
   43         F.S.; specifying that certain services that are
   44         obtained pursuant to a bulk contract are deemed a
   45         common expense; amending s. 719.303, F.S.; revising
   46         fine and suspension requirements; specifying a fine
   47         payment is due within a certain timeframe after the
   48         fine is approved by the committee; requiring the
   49         association to provide written notice of certain fines
   50         or suspensions to certain persons; amending s.
   51         720.303, F.S.; prohibiting a board member from voting
   52         via e-mail; revising reserve account requirements;
   53         providing requirements for votes relating to reserve
   54         accounts; providing applicability; requiring that
   55         meetings at which a proposed annual budget will be
   56         considered be open to all parcel owners; providing
   57         requirements for special meetings held to consider a
   58         substitute annual budget; amending s. 720.305, F.S.;
   59         expanding the list of persons required to be notified
   60         of a fine or suspension before the fine or suspension
   61         may be imposed; specifying that a payment for a fine
   62         is due within a certain timeframe; amending s.
   63         720.306, F.S.; prohibiting write-in nominations for
   64         certain elections; requiring certain candidates to
   65         commence service on the board of directors regardless
   66         of whether a quorum is attained; amending s. 720.3085,
   67         F.S.; clarifying applicability; amending s. 720.401,
   68         F.S.; revising the statements required to be included
   69         in the disclosure summary; providing an effective
   70         date.
   71          
   72  Be It Enacted by the Legislature of the State of Florida:
   73  
   74         Section 1. Subsection (3), paragraphs (a), (b), and (g) of
   75  subsection (12), and paragraph (e) of subsection (13) of section
   76  718.111, Florida Statutes, are amended to read:
   77         718.111 The association.—
   78         (3) POWER TO MANAGE CONDOMINIUM PROPERTY AND TO CONTRACT,
   79  SUE, AND BE SUED; CONFLICT OF INTEREST.—
   80         (a) The association may contract, sue, or be sued with
   81  respect to the exercise or nonexercise of its powers. For these
   82  purposes, the powers of the association include, but are not
   83  limited to, the maintenance, management, and operation of the
   84  condominium property. After control of the association is
   85  obtained by unit owners other than the developer, the
   86  association may institute, maintain, settle, or appeal actions
   87  or hearings in its name on behalf of all unit owners concerning
   88  matters of common interest to most or all unit owners,
   89  including, but not limited to, the common elements; the roof and
   90  structural components of a building or other improvements;
   91  mechanical, electrical, and plumbing elements serving an
   92  improvement or a building; representations of the developer
   93  pertaining to any existing or proposed commonly used facilities;
   94  and protesting ad valorem taxes on commonly used facilities and
   95  on units; and may defend actions in eminent domain or bring
   96  inverse condemnation actions. If the association has the
   97  authority to maintain a class action, the association may be
   98  joined in an action as representative of that class with
   99  reference to litigation and disputes involving the matters for
  100  which the association could bring a class action. Nothing herein
  101  limits any statutory or common-law right of any individual unit
  102  owner or class of unit owners to bring any action without
  103  participation by the association which may otherwise be
  104  available.
  105         (b)An association may not hire an attorney who represents
  106  the management company of the association.
  107         (12) OFFICIAL RECORDS.—
  108         (a) From the inception of the association, the association
  109  shall maintain each of the following items, if applicable, which
  110  constitutes the official records of the association:
  111         1. A copy of the plans, permits, warranties, and other
  112  items provided by the developer pursuant to s. 718.301(4).
  113         2. A photocopy of the recorded declaration of condominium
  114  of each condominium operated by the association and each
  115  amendment to each declaration.
  116         3. A photocopy of the recorded bylaws of the association
  117  and each amendment to the bylaws.
  118         4. A certified copy of the articles of incorporation of the
  119  association, or other documents creating the association, and
  120  each amendment thereto.
  121         5. A copy of the current rules of the association.
  122         6. A book or books that contain the minutes of all meetings
  123  of the association, the board of administration, and the unit
  124  owners, which minutes must be retained for at least 7 years.
  125         7. A current roster of all unit owners and their mailing
  126  addresses, unit identifications, voting certifications, and, if
  127  known, telephone numbers. The association shall also maintain
  128  the electronic mailing addresses and facsimile numbers of unit
  129  owners consenting to receive notice by electronic transmission.
  130  The electronic mailing addresses and facsimile numbers are not
  131  accessible to unit owners if consent to receive notice by
  132  electronic transmission is not provided in accordance with sub
  133  subparagraph (c)3.e. However, the association is not liable for
  134  an inadvertent disclosure of the electronic mail address or
  135  facsimile number for receiving electronic transmission of
  136  notices.
  137         8. All current insurance policies of the association and
  138  condominiums operated by the association.
  139         9. A current copy of any management agreement, lease, or
  140  other contract to which the association is a party or under
  141  which the association or the unit owners have an obligation or
  142  responsibility.
  143         10. Bills of sale or transfer for all property owned by the
  144  association.
  145         11. Accounting records for the association and separate
  146  accounting records for each condominium that the association
  147  operates. All accounting records must be maintained for at least
  148  7 years. Any person who knowingly or intentionally defaces or
  149  destroys such records, or who knowingly or intentionally fails
  150  to create or maintain such records, with the intent of causing
  151  harm to the association or one or more of its members, is
  152  personally subject to a civil penalty pursuant to s.
  153  718.501(1)(d). The accounting records must include, but are not
  154  limited to:
  155         a. Accurate, itemized, and detailed records of all receipts
  156  and expenditures.
  157         b. A current account and a monthly, bimonthly, or quarterly
  158  statement of the account for each unit designating the name of
  159  the unit owner, the due date and amount of each assessment, the
  160  amount paid on the account, and the balance due.
  161         c. All audits, reviews, accounting statements, and
  162  financial reports of the association or condominium.
  163         d. All contracts for work to be performed. Bids for work to
  164  be performed are also considered official records and must be
  165  maintained by the association.
  166         12. Ballots, sign-in sheets, voting proxies, and all other
  167  papers and electronic records relating to voting by unit owners,
  168  which must be maintained for 1 year from the date of the
  169  election, vote, or meeting to which the document relates,
  170  notwithstanding paragraph (b).
  171         13. All rental records if the association is acting as
  172  agent for the rental of condominium units.
  173         14. A copy of the current question and answer sheet as
  174  described in s. 718.504.
  175         15. All other written records of the association not
  176  specifically included in the foregoing which are related to the
  177  operation of the association.
  178         16. A copy of the inspection report as described in s.
  179  718.301(4)(p).
  180         17. Bids for materials, equipment, or services.
  181         (b) The official records of the association must be
  182  maintained within the state for at least 7 years. The records of
  183  the association shall be made available to a unit owner within
  184  45 miles of the condominium property or within the county in
  185  which the condominium property is located within 10 5 working
  186  days after receipt of a written request by the board or its
  187  designee. However, such distance requirement does not apply to
  188  an association governing a timeshare condominium. This paragraph
  189  may be complied with by having a copy of the official records of
  190  the association available for inspection or copying on the
  191  condominium property or association property, or the association
  192  may offer the option of making the records available to a unit
  193  owner electronically via the Internet or by allowing the records
  194  to be viewed in electronic format on a computer screen and
  195  printed upon request. The association is not responsible for the
  196  use or misuse of the information provided to an association
  197  member or his or her authorized representative pursuant to the
  198  compliance requirements of this chapter unless the association
  199  has an affirmative duty not to disclose such information
  200  pursuant to this chapter.
  201         (g)1. By July 1, 2018, an association managing a
  202  condominium with 150 or more units which does not contain manage
  203  timeshare units shall post digital copies of the documents
  204  specified in subparagraph 2. on its website.
  205         a. The association’s website must be:
  206         (I) An independent website or web portal wholly owned and
  207  operated by the association; or
  208         (II) A website or web portal operated by a third-party
  209  provider with whom the association owns, leases, rents, or
  210  otherwise obtains the right to operate a web page, subpage, web
  211  portal, or collection of subpages or web portals dedicated to
  212  the association’s activities and on which required notices,
  213  records, and documents may be posted by the association.
  214         b. The association’s website must be accessible through the
  215  Internet and must contain a subpage, web portal, or other
  216  protected electronic location that is inaccessible to the
  217  general public and accessible only to unit owners and employees
  218  of the association.
  219         c. Upon a unit owner’s written request, the association
  220  must provide the unit owner with a username and password and
  221  access to the protected sections of the association’s website
  222  that contain any notices, records, or documents that must be
  223  electronically provided.
  224         2. A current copy of the following documents must be posted
  225  in digital format on the association’s website:
  226         a. The recorded declaration of condominium of each
  227  condominium operated by the association and each amendment to
  228  each declaration.
  229         b. The recorded bylaws of the association and each
  230  amendment to the bylaws.
  231         c. The articles of incorporation of the association, or
  232  other documents creating the association, and each amendment
  233  thereto. The copy posted pursuant to this sub-subparagraph must
  234  be a copy of the articles of incorporation filed with the
  235  Department of State.
  236         d. The rules of the association.
  237         e. Any management agreement, lease, or other contract to
  238  which the association is a party or under which the association
  239  or the unit owners have an obligation or responsibility.
  240  Summaries of bids for materials, equipment, or services must be
  241  maintained on the website for 1 year. In lieu of summaries,
  242  complete copies of the bids may be posted.
  243         f. The annual budget required by s. 718.112(2)(f) and any
  244  proposed budget to be considered at the annual meeting.
  245         g. The financial report required by subsection (13) and any
  246  proposed financial report to be considered at a meeting.
  247         h. The certification of each director required by s.
  248  718.112(2)(d)4.b.
  249         i. All contracts or transactions between the association
  250  and any director, officer, corporation, firm, or association
  251  that is not an affiliated condominium association or any other
  252  entity in which an association director is also a director or
  253  officer and financially interested.
  254         j. Any contract or document regarding a conflict of
  255  interest or possible conflict of interest as provided in s.
  256  468.436(2) ss. 468.436(2) and 718.3026(3).
  257         k. The notice of any unit owner meeting and the agenda for
  258  the meeting, as required by s. 718.112(2)(d)3., no later than 14
  259  days before the meeting. The notice must be posted in plain view
  260  on the front page of the website, or on a separate subpage of
  261  the website labeled “Notices” which is conspicuously visible and
  262  linked from the front page. The association must also post on
  263  its website any document to be considered and voted on by the
  264  owners during the meeting or any document listed on the agenda
  265  at least 7 days before the meeting at which the document or the
  266  information within the document will be considered.
  267         l. Notice of any board meeting, the agenda, and any other
  268  document required for the meeting as required by s.
  269  718.112(2)(c), which must be posted no later than the date
  270  required for notice pursuant to s. 718.112(2)(c).
  271         3. The association shall ensure that the information and
  272  records described in paragraph (c), which are not permitted to
  273  be accessible to unit owners, are not posted on the
  274  association’s website. If protected information or information
  275  restricted from being accessible to unit owners is included in
  276  documents that are required to be posted on the association’s
  277  website, the association shall ensure the information is
  278  redacted before posting the documents online.
  279         (13) FINANCIAL REPORTING.—Within 90 days after the end of
  280  the fiscal year, or annually on a date provided in the bylaws,
  281  the association shall prepare and complete, or contract for the
  282  preparation and completion of, a financial report for the
  283  preceding fiscal year. Within 21 days after the final financial
  284  report is completed by the association or received from the
  285  third party, but not later than 120 days after the end of the
  286  fiscal year or other date as provided in the bylaws, the
  287  association shall mail to each unit owner at the address last
  288  furnished to the association by the unit owner, or hand deliver
  289  to each unit owner, a copy of the most recent financial report
  290  or a notice that a copy of the most recent financial report will
  291  be mailed or hand delivered to the unit owner, without charge,
  292  within 5 business days after receipt of a written request from
  293  the unit owner. The division shall adopt rules setting forth
  294  uniform accounting principles and standards to be used by all
  295  associations and addressing the financial reporting requirements
  296  for multicondominium associations. The rules must include, but
  297  not be limited to, standards for presenting a summary of
  298  association reserves, including a good faith estimate disclosing
  299  the annual amount of reserve funds that would be necessary for
  300  the association to fully fund reserves for each reserve item
  301  based on the straight-line accounting method. This disclosure is
  302  not applicable to reserves funded via the pooling method. In
  303  adopting such rules, the division shall consider the number of
  304  members and annual revenues of an association. Financial reports
  305  shall be prepared as follows:
  306         (e) A unit owner may provide written notice to the division
  307  of the association’s failure to mail or hand deliver him or her
  308  a copy of the most recent financial report within 5 business
  309  days after he or she submitted a written request to the
  310  association for a copy of such report. If the division
  311  determines that the association failed to mail or hand deliver a
  312  copy of the most recent financial report to the unit owner, the
  313  division shall provide written notice to the association that
  314  the association must mail or hand deliver a copy of the most
  315  recent financial report to the unit owner and the division
  316  within 5 business days after it receives such notice from the
  317  division. An association that fails to comply with the
  318  division’s request may not waive the financial reporting
  319  requirement provided in paragraph (d) for the fiscal year in
  320  which the unit owner’s request was made and the following fiscal
  321  year. A financial report received by the division pursuant to
  322  this paragraph shall be maintained, and the division shall
  323  provide a copy of such report to an association member upon his
  324  or her request.
  325         Section 2. Paragraphs (a), (c), (d), and (j) of subsection
  326  (2) of section 718.112, Florida Statutes, are amended to read:
  327         718.112 Bylaws.—
  328         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  329  following and, if they do not do so, shall be deemed to include
  330  the following:
  331         (a) Administration.—
  332         1. The form of administration of the association shall be
  333  described indicating the title of the officers and board of
  334  administration and specifying the powers, duties, manner of
  335  selection and removal, and compensation, if any, of officers and
  336  boards. In the absence of such a provision, the board of
  337  administration shall be composed of five members, unless the
  338  except in the case of a condominium which has five or fewer
  339  units. The board shall consist of not fewer than three members
  340  in condominiums with five or fewer units that are not-for-profit
  341  corporations, in which case in a not-for-profit corporation the
  342  board shall consist of not fewer than three members. In the
  343  absence of provisions to the contrary in the bylaws, the board
  344  of administration shall have a president, a secretary, and a
  345  treasurer, who shall perform the duties of such officers
  346  customarily performed by officers of corporations. Unless
  347  prohibited in the bylaws, the board of administration may
  348  appoint other officers and grant them the duties it deems
  349  appropriate. Unless otherwise provided in the bylaws, the
  350  officers shall serve without compensation and at the pleasure of
  351  the board of administration. Unless otherwise provided in the
  352  bylaws, the members of the board shall serve without
  353  compensation.
  354         2. When a unit owner of a residential condominium files a
  355  written inquiry by certified mail with the board of
  356  administration, the board shall respond in writing to the unit
  357  owner within 30 days after receipt of the inquiry. The board’s
  358  response shall either give a substantive response to the
  359  inquirer, notify the inquirer that a legal opinion has been
  360  requested, or notify the inquirer that advice has been requested
  361  from the division. If the board requests advice from the
  362  division, the board shall, within 10 days after its receipt of
  363  the advice, provide in writing a substantive response to the
  364  inquirer. If a legal opinion is requested, the board shall,
  365  within 60 days after the receipt of the inquiry, provide in
  366  writing a substantive response to the inquiry. The failure to
  367  provide a substantive response to the inquiry as provided herein
  368  precludes the board from recovering attorney fees and costs in
  369  any subsequent litigation, administrative proceeding, or
  370  arbitration arising out of the inquiry. The association may
  371  through its board of administration adopt reasonable rules and
  372  regulations regarding the frequency and manner of responding to
  373  unit owner inquiries, one of which may be that the association
  374  is only obligated to respond to one written inquiry per unit in
  375  any given 30-day period. In such a case, any additional inquiry
  376  or inquiries must be responded to in the subsequent 30-day
  377  period, or periods, as applicable.
  378         (c) Board of administration meetings.—Meetings of the board
  379  of administration at which a quorum of the members is present
  380  are open to all unit owners. Members of the board of
  381  administration may use e-mail as a means of communication but
  382  may not cast a vote on an association matter via e-mail. A unit
  383  owner may tape record or videotape the meetings. The right to
  384  attend such meetings includes the right to speak at such
  385  meetings with reference to all designated agenda items. The
  386  division shall adopt reasonable rules governing the tape
  387  recording and videotaping of the meeting. The association may
  388  adopt written reasonable rules governing the frequency,
  389  duration, and manner of unit owner statements.
  390         1. Adequate notice of all board meetings, which must
  391  specifically identify all agenda items, must be posted
  392  conspicuously on the condominium property at least 48 continuous
  393  hours before the meeting except in an emergency. If 20 percent
  394  of the voting interests petition the board to address an item of
  395  business, the board, within 60 days after receipt of the
  396  petition, shall place the item on the agenda at its next regular
  397  board meeting or at a special meeting called for that purpose.
  398  An item not included on the notice may be taken up on an
  399  emergency basis by a vote of at least a majority plus one of the
  400  board members. Such emergency action must be noticed and
  401  ratified at the next regular board meeting. However, Written
  402  notice of a meeting at which a nonemergency special assessment
  403  or an amendment to rules regarding unit use will be considered
  404  must be mailed, delivered, or electronically transmitted to the
  405  unit owners and posted conspicuously on the condominium property
  406  at least 14 days before the meeting. Evidence of compliance with
  407  this 14-day notice requirement must be made by an affidavit
  408  executed by the person providing the notice and filed with the
  409  official records of the association. Notice of any meeting in
  410  which regular or special assessments against unit owners are to
  411  be considered must specifically state that assessments will be
  412  considered and provide the estimated cost and description of the
  413  purposes for such assessments. Upon notice to the unit owners,
  414  the board shall, by duly adopted rule, designate a specific
  415  location on the condominium or association property where all
  416  notices of board meetings must be posted. If there is no
  417  condominium property or association property where notices can
  418  be posted, notices shall be mailed, delivered, or electronically
  419  transmitted to each unit owner at least 14 days before the
  420  meeting. In lieu of or in addition to the physical posting of
  421  the notice on the condominium property, the association may, by
  422  reasonable rule, adopt a procedure for conspicuously posting and
  423  repeatedly broadcasting the notice and the agenda on a closed
  424  circuit cable television system serving the condominium
  425  association. However, if broadcast notice is used in lieu of a
  426  notice physically posted on condominium property, the notice and
  427  agenda must be broadcast at least four times every broadcast
  428  hour of each day that a posted notice is otherwise required
  429  under this section. If broadcast notice is provided, the notice
  430  and agenda must be broadcast in a manner and for a sufficient
  431  continuous length of time so as to allow an average reader to
  432  observe the notice and read and comprehend the entire content of
  433  the notice and the agenda. In addition to any of the authorized
  434  means of providing notice of a meeting of the board, the
  435  association may, by rule, adopt a procedure for conspicuously
  436  posting the meeting notice and the agenda on the condominium
  437  association’s website for at least the minimum period of time
  438  for which a notice of a meeting is also required to be
  439  physically posted on the condominium property. Any rule adopted,
  440  in addition to other matters, must include a requirement that
  441  the association send an electronic notice in the same manner as
  442  a notice for a meeting of the members, which must include a
  443  hyperlink to the website where the notice is posted, to unit
  444  owners whose e-mail addresses are included in the association’s
  445  official records Notice of any meeting in which regular or
  446  special assessments against unit owners are to be considered
  447  must specifically state that assessments will be considered and
  448  provide the nature, estimated cost, and description of the
  449  purposes for such assessments.
  450         2. Meetings of a committee to take final action on behalf
  451  of the board or make recommendations to the board regarding the
  452  association budget are subject to this paragraph. Meetings of a
  453  committee that does not take final action on behalf of the board
  454  or make recommendations to the board regarding the association
  455  budget are subject to this section, unless those meetings are
  456  exempted from this section by the bylaws of the association.
  457         3. Notwithstanding any other law, the requirement that
  458  board meetings and committee meetings be open to the unit owners
  459  does not apply to:
  460         a. Meetings between the board or a committee and the
  461  association’s attorney, with respect to proposed or pending
  462  litigation, if the meeting is held for the purpose of seeking or
  463  rendering legal advice; or
  464         b. Board meetings held for the purpose of discussing
  465  personnel matters.
  466         (d) Unit owner meetings.—
  467         1. An annual meeting of the unit owners shall be held at
  468  the location provided in the association bylaws and, if the
  469  bylaws are silent as to the location, the meeting shall be held
  470  within 45 miles of the condominium property. However, such
  471  distance requirement does not apply to an association governing
  472  a timeshare condominium.
  473         2. Unless the bylaws provide otherwise, a vacancy on the
  474  board caused by the expiration of a director’s term shall be
  475  filled by electing a new board member, and the election must be
  476  by secret ballot. An election is not required if the number of
  477  vacancies equals or exceeds the number of candidates. For
  478  purposes of this paragraph, the term “candidate” means an
  479  eligible person who has timely submitted the written notice, as
  480  described in sub-subparagraph 4.a., of his or her intention to
  481  become a candidate. Except in a timeshare or nonresidential
  482  condominium, or if the staggered term of a board member does not
  483  expire until a later annual meeting, or if all members’ terms
  484  would otherwise expire but there are no candidates, the terms of
  485  all board members expire at the annual meeting, and such members
  486  may stand for reelection unless prohibited by the bylaws. Board
  487  members may serve 2-year terms if permitted by the bylaws or
  488  articles of incorporation. A board member may not serve more
  489  than four consecutive 2-year terms, unless approved by an
  490  affirmative vote of two-thirds of the total voting interests of
  491  the association or unless there are not enough eligible
  492  candidates to fill the vacancies on the board at the time of the
  493  vacancy. If the number of board members whose terms expire at
  494  the annual meeting equals or exceeds the number of candidates,
  495  the candidates become members of the board effective upon the
  496  adjournment of the annual meeting. Unless the bylaws provide
  497  otherwise, any remaining vacancies shall be filled by the
  498  affirmative vote of the majority of the directors making up the
  499  newly constituted board even if the directors constitute less
  500  than a quorum or there is only one director. In a residential
  501  condominium association of more than 10 units or in a
  502  residential condominium association that does not include
  503  timeshare units or timeshare interests, coowners of a unit may
  504  not serve as members of the board of directors at the same time
  505  unless they own more than one unit or unless there are not
  506  enough eligible candidates to fill the vacancies on the board at
  507  the time of the vacancy. A unit owner in a residential
  508  condominium desiring to be a candidate for board membership must
  509  comply with sub-subparagraph 4.a. and must be eligible to be a
  510  candidate to serve on the board of directors at the time of the
  511  deadline for submitting a notice of intent to run in order to
  512  have his or her name listed as a proper candidate on the ballot
  513  or to serve on the board. A person who has been suspended or
  514  removed by the division under this chapter, or who is delinquent
  515  in the payment of any monetary obligation due to the
  516  association, is not eligible to be a candidate for board
  517  membership and may not be listed on the ballot. A person who has
  518  been convicted of any felony in this state or in a United States
  519  District or Territorial Court, or who has been convicted of any
  520  offense in another jurisdiction which would be considered a
  521  felony if committed in this state, is not eligible for board
  522  membership unless such felon’s civil rights have been restored
  523  for at least 5 years as of the date such person seeks election
  524  to the board. The validity of an action by the board is not
  525  affected if it is later determined that a board member is
  526  ineligible for board membership due to having been convicted of
  527  a felony. This subparagraph does not limit the term of a member
  528  of the board of a nonresidential or timeshare condominium.
  529         3. The bylaws must provide the method of calling meetings
  530  of unit owners, including annual meetings. Written notice must
  531  include an agenda, must be mailed, hand delivered, or
  532  electronically transmitted to each unit owner at least 14 days
  533  before the annual meeting, and must be posted in a conspicuous
  534  place on the condominium property at least 14 continuous days
  535  before the annual meeting. Upon notice to the unit owners, the
  536  board shall, by duly adopted rule, designate a specific location
  537  on the condominium property or association property where all
  538  notices of unit owner meetings shall be posted. This requirement
  539  does not apply if there is no condominium property or
  540  association property for posting notices. In lieu of, or in
  541  addition to, the physical posting of meeting notices, the
  542  association may, by reasonable rule, adopt a procedure for
  543  conspicuously posting and repeatedly broadcasting the notice and
  544  the agenda on a closed-circuit cable television system serving
  545  the condominium association. However, if broadcast notice is
  546  used in lieu of a notice posted physically on the condominium
  547  property, the notice and agenda must be broadcast at least four
  548  times every broadcast hour of each day that a posted notice is
  549  otherwise required under this section. If broadcast notice is
  550  provided, the notice and agenda must be broadcast in a manner
  551  and for a sufficient continuous length of time so as to allow an
  552  average reader to observe the notice and read and comprehend the
  553  entire content of the notice and the agenda. In addition to any
  554  of the authorized means of providing notice of a meeting of the
  555  board, the association may, by rule, adopt a procedure for
  556  conspicuously posting the meeting notice and the agenda on the
  557  condominium association’s website for at least the minimum
  558  period of time for which a notice of a meeting is also required
  559  to be physically posted on the condominium property. Any rule
  560  adopted, in addition to other matters, must include a
  561  requirement that the association send an electronic notice in
  562  the same manner as a notice for a meeting of the members, which
  563  must include a hyperlink to the website where the notice is
  564  posted, to unit owners whose e-mail addresses are included in
  565  the association’s official records. Unless a unit owner waives
  566  in writing the right to receive notice of the annual meeting,
  567  such notice must be hand delivered, mailed, or electronically
  568  transmitted to each unit owner. Notice for meetings and notice
  569  for all other purposes must be mailed to each unit owner at the
  570  address last furnished to the association by the unit owner, or
  571  hand delivered to each unit owner. However, if a unit is owned
  572  by more than one person, the association must provide notice to
  573  the address that the developer identifies for that purpose and
  574  thereafter as one or more of the owners of the unit advise the
  575  association in writing, or if no address is given or the owners
  576  of the unit do not agree, to the address provided on the deed of
  577  record. An officer of the association, or the manager or other
  578  person providing notice of the association meeting, must provide
  579  an affidavit or United States Postal Service certificate of
  580  mailing, to be included in the official records of the
  581  association affirming that the notice was mailed or hand
  582  delivered in accordance with this provision.
  583         4. The members of the board of a residential condominium
  584  shall be elected by written ballot or voting machine. Proxies
  585  may not be used in electing the board in general elections or
  586  elections to fill vacancies caused by recall, resignation, or
  587  otherwise, unless otherwise provided in this chapter. This
  588  subparagraph does not apply to an association governing a
  589  timeshare condominium.
  590         a. At least 60 days before a scheduled election, the
  591  association shall mail, deliver, or electronically transmit, by
  592  separate association mailing or included in another association
  593  mailing, delivery, or transmission, including regularly
  594  published newsletters, to each unit owner entitled to a vote, a
  595  first notice of the date of the election. A unit owner or other
  596  eligible person desiring to be a candidate for the board must
  597  give written notice of his or her intent to be a candidate to
  598  the association at least 40 days before a scheduled election.
  599  Together with the written notice and agenda as set forth in
  600  subparagraph 3., the association shall mail, deliver, or
  601  electronically transmit a second notice of the election to all
  602  unit owners entitled to vote, together with a ballot that lists
  603  all candidates. Upon request of a candidate, an information
  604  sheet, no larger than 8 1/2 inches by 11 inches, which must be
  605  furnished by the candidate at least 35 days before the election,
  606  must be included with the mailing, delivery, or transmission of
  607  the ballot, with the costs of mailing, delivery, or electronic
  608  transmission and copying to be borne by the association. The
  609  association is not liable for the contents of the information
  610  sheets prepared by the candidates. In order to reduce costs, the
  611  association may print or duplicate the information sheets on
  612  both sides of the paper. The division shall by rule establish
  613  voting procedures consistent with this sub-subparagraph,
  614  including rules establishing procedures for giving notice by
  615  electronic transmission and rules providing for the secrecy of
  616  ballots. Elections shall be decided by a plurality of ballots
  617  cast. There is no quorum requirement; however, at least 20
  618  percent of the eligible voters must cast a ballot in order to
  619  have a valid election. A unit owner may not permit any other
  620  person to vote his or her ballot, and any ballots improperly
  621  cast are invalid. A unit owner who violates this provision may
  622  be fined by the association in accordance with s. 718.303. A
  623  unit owner who needs assistance in casting the ballot for the
  624  reasons stated in s. 101.051 may obtain such assistance. The
  625  regular election must occur on the date of the annual meeting.
  626  Notwithstanding this sub-subparagraph, an election is not
  627  required unless more candidates file notices of intent to run or
  628  are nominated than board vacancies exist.
  629         b. Within 90 days after being elected or appointed to the
  630  board of an association of a residential condominium, each newly
  631  elected or appointed director shall certify in writing to the
  632  secretary of the association that he or she has read the
  633  association’s declaration of condominium, articles of
  634  incorporation, bylaws, and current written policies; that he or
  635  she will work to uphold such documents and policies to the best
  636  of his or her ability; and that he or she will faithfully
  637  discharge his or her fiduciary responsibility to the
  638  association’s members. In lieu of this written certification,
  639  within 90 days after being elected or appointed to the board,
  640  the newly elected or appointed director may submit a certificate
  641  of having satisfactorily completed the educational curriculum
  642  administered by a division-approved condominium education
  643  provider within 1 year before or 90 days after the date of
  644  election or appointment. The written certification or
  645  educational certificate is valid and does not have to be
  646  resubmitted as long as the director serves on the board without
  647  interruption. A director of an association of a residential
  648  condominium who fails to timely file the written certification
  649  or educational certificate is suspended from service on the
  650  board until he or she complies with this sub-subparagraph. The
  651  board may temporarily fill the vacancy during the period of
  652  suspension. The secretary shall cause the association to retain
  653  a director’s written certification or educational certificate
  654  for inspection by the members for 5 years after a director’s
  655  election or the duration of the director’s uninterrupted tenure,
  656  whichever is longer. Failure to have such written certification
  657  or educational certificate on file does not affect the validity
  658  of any board action.
  659         c. Any challenge to the election process must be commenced
  660  within 60 days after the election results are announced.
  661         5. Any approval by unit owners called for by this chapter
  662  or the applicable declaration or bylaws, including, but not
  663  limited to, the approval requirement in s. 718.111(8), must be
  664  made at a duly noticed meeting of unit owners and is subject to
  665  all requirements of this chapter or the applicable condominium
  666  documents relating to unit owner decisionmaking, except that
  667  unit owners may take action by written agreement, without
  668  meetings, on matters for which action by written agreement
  669  without meetings is expressly allowed by the applicable bylaws
  670  or declaration or any law that provides for such action.
  671         6. Unit owners may waive notice of specific meetings if
  672  allowed by the applicable bylaws or declaration or any law.
  673  Notice of meetings of the board of administration, unit owner
  674  meetings, except unit owner meetings called to recall board
  675  members under paragraph (j), and committee meetings may be given
  676  by electronic transmission to unit owners who consent to receive
  677  notice by electronic transmission. A unit owner who consents to
  678  receiving notices by electronic transmission is solely
  679  responsible for removing or bypassing filters that block receipt
  680  of mass e-mails sent to members on behalf of the association in
  681  the course of giving electronic notices.
  682         7. Unit owners have the right to participate in meetings of
  683  unit owners with reference to all designated agenda items.
  684  However, the association may adopt reasonable rules governing
  685  the frequency, duration, and manner of unit owner participation.
  686         8. A unit owner may tape record or videotape a meeting of
  687  the unit owners subject to reasonable rules adopted by the
  688  division.
  689         9. Unless otherwise provided in the bylaws, any vacancy
  690  occurring on the board before the expiration of a term may be
  691  filled by the affirmative vote of the majority of the remaining
  692  directors, even if the remaining directors constitute less than
  693  a quorum, or by the sole remaining director. In the alternative,
  694  a board may hold an election to fill the vacancy, in which case
  695  the election procedures must conform to sub-subparagraph 4.a.
  696  unless the association governs 10 units or fewer and has opted
  697  out of the statutory election process, in which case the bylaws
  698  of the association control. Unless otherwise provided in the
  699  bylaws, a board member appointed or elected under this section
  700  shall fill the vacancy for the unexpired term of the seat being
  701  filled. Filling vacancies created by recall is governed by
  702  paragraph (j) and rules adopted by the division.
  703         10. This chapter does not limit the use of general or
  704  limited proxies, require the use of general or limited proxies,
  705  or require the use of a written ballot or voting machine for any
  706  agenda item or election at any meeting of a timeshare
  707  condominium association or nonresidential condominium
  708  association.
  709  
  710  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
  711  association of 10 or fewer units may, by affirmative vote of a
  712  majority of the total voting interests, provide for different
  713  voting and election procedures in its bylaws, which may be by a
  714  proxy specifically delineating the different voting and election
  715  procedures. The different voting and election procedures may
  716  provide for elections to be conducted by limited or general
  717  proxy.
  718         (j) Recall of board members.—Subject to s. 718.301, any
  719  member of the board of administration may be recalled and
  720  removed from office with or without cause by the vote or
  721  agreement in writing by a majority of all the voting interests.
  722  A special meeting of the unit owners to recall a member or
  723  members of the board of administration may be called by 10
  724  percent of the voting interests giving notice of the meeting as
  725  required for a meeting of unit owners, and the notice shall
  726  state the purpose of the meeting. Electronic transmission may
  727  not be used as a method of giving notice of a meeting called in
  728  whole or in part for this purpose.
  729         1. If the recall is approved by a majority of all voting
  730  interests by a vote at a meeting, the recall will be effective
  731  as provided in this paragraph. The board shall duly notice and
  732  hold a board meeting within 5 full business days after the
  733  adjournment of the unit owner meeting to recall one or more
  734  board members. Such member or members shall be recalled
  735  effective immediately upon conclusion of the board meeting
  736  provided that the recall is facially valid. A recalled member
  737  must and shall turn over to the board, within 10 full business
  738  days after the vote, any and all records and property of the
  739  association in their possession.
  740         2. If the proposed recall is by an agreement in writing by
  741  a majority of all voting interests, the agreement in writing or
  742  a copy thereof shall be served on the association by certified
  743  mail or by personal service in the manner authorized by chapter
  744  48 and the Florida Rules of Civil Procedure. The board of
  745  administration shall duly notice and hold a meeting of the board
  746  within 5 full business days after receipt of the agreement in
  747  writing. Such member or members shall be recalled effective
  748  immediately upon the conclusion of the board meeting provided
  749  that the recall is facially valid. A recalled member and shall
  750  turn over to the board, within 10 full business days, any and
  751  all records and property of the association in their possession.
  752         3. If the board fails to duly notice and hold a board
  753  meeting within 5 full business days after service of an
  754  agreement in writing or within 5 full business days after the
  755  adjournment of the unit owner recall meeting, the recall shall
  756  be deemed effective and the board members so recalled shall turn
  757  over to the board within 10 full business days after the vote
  758  any and all records and property of the association.
  759         4. If the board fails to duly notice and hold the required
  760  meeting or fails to file the required petition, the unit owner
  761  representative may file a petition pursuant to s. 718.1255
  762  challenging the board’s failure to act. The petition must be
  763  filed within 60 days after the expiration of the applicable 5
  764  full-business-day period. The review of a petition under this
  765  subparagraph is limited to the sufficiency of service on the
  766  board and the facial validity of the written agreement or
  767  ballots filed.
  768         5. If a vacancy occurs on the board as a result of a recall
  769  or removal and less than a majority of the board members are
  770  removed, the vacancy may be filled by the affirmative vote of a
  771  majority of the remaining directors, notwithstanding any
  772  provision to the contrary contained in this subsection. If
  773  vacancies occur on the board as a result of a recall and a
  774  majority or more of the board members are removed, the vacancies
  775  shall be filled in accordance with procedural rules to be
  776  adopted by the division, which rules need not be consistent with
  777  this subsection. The rules must provide procedures governing the
  778  conduct of the recall election as well as the operation of the
  779  association during the period after a recall but before the
  780  recall election.
  781         6. A board member who has been recalled may file a petition
  782  pursuant to s. 718.1255 challenging the validity of the recall.
  783  The petition must be filed within 60 days after the recall. The
  784  association and the unit owner representative shall be named as
  785  the respondents. The petition may challenge the facial validity
  786  of the written agreement or ballots filed or the substantial
  787  compliance with the procedural requirements for the recall. If
  788  the arbitrator determines the recall was invalid, the
  789  petitioning board member shall immediately be reinstated and the
  790  recall is null and void. A board member who is successful in
  791  challenging a recall is entitled to recover reasonable attorney
  792  fees and costs from the respondents. The arbitrator may award
  793  reasonable attorney fees and costs to the respondents if they
  794  prevail and the arbitrator makes a finding that the petitioner’s
  795  claim is frivolous.
  796         7. The division may not accept for filing a recall
  797  petition, whether filed pursuant to subparagraph 1.,
  798  subparagraph 2., subparagraph 4., or subparagraph 6. when there
  799  are 60 or fewer days until the scheduled reelection of the board
  800  member sought to be recalled or when 60 or fewer days have
  801  elapsed since the election of the board member sought to be
  802  recalled.
  803         Section 3. Subsection (2) of section 718.113, Florida
  804  Statutes, is amended to read:
  805         718.113 Maintenance; limitation upon improvement; display
  806  of flag; hurricane shutters and protection; display of religious
  807  decorations.—
  808         (2)(a) Except as otherwise provided in this section, there
  809  shall be no material alteration or substantial additions to the
  810  common elements or to real property which is association
  811  property, except in a manner provided in the declaration as
  812  originally recorded or as amended under the procedures provided
  813  therein. If the declaration as originally recorded or as amended
  814  under the procedures provided therein does not specify the
  815  procedure for approval of material alterations or substantial
  816  additions, 75 percent of the total voting interests of the
  817  association must approve the alterations or additions before the
  818  material alterations or substantial additions are commenced.
  819  This paragraph is intended to clarify existing law and applies
  820  to associations existing on July 1, 2018 October 1, 2008.
  821         (b) There may shall not be any material alteration of, or
  822  substantial addition to, the common elements of any condominium
  823  operated by a multicondominium association unless approved in
  824  the manner provided in the declaration of the affected
  825  condominium or condominiums as originally recorded or as amended
  826  under the procedures provided therein. If a declaration as
  827  originally recorded or as amended under the procedures provided
  828  therein does not specify a procedure for approving such an
  829  alteration or addition, the approval of 75 percent of the total
  830  voting interests of each affected condominium is required before
  831  the material alterations or substantial additions are commenced.
  832  This subsection does not prohibit a provision in any
  833  declaration, articles of incorporation, or bylaws as originally
  834  recorded or as amended under the procedures provided therein
  835  requiring the approval of unit owners in any condominium
  836  operated by the same association or requiring board approval
  837  before a material alteration or substantial addition to the
  838  common elements is permitted. This paragraph is intended to
  839  clarify existing law and applies to associations existing on
  840  July 1, 2018 the effective date of this act.
  841         (c) There may shall not be any material alteration or
  842  substantial addition made to association real property operated
  843  by a multicondominium association, except as provided in the
  844  declaration, articles of incorporation, or bylaws as originally
  845  recorded or as amended under the procedures provided therein. If
  846  the declaration, articles of incorporation, or bylaws as
  847  originally recorded or as amended under the procedures provided
  848  therein do not specify the procedure for approving an alteration
  849  or addition to association real property, the approval of 75
  850  percent of the total voting interests of the association is
  851  required before the material alterations or substantial
  852  additions are commenced. This paragraph is intended to clarify
  853  existing law and applies to associations existing on July 1,
  854  2018 the effective date of this act.
  855         Section 4. Subsection (3) of section 718.3026, Florida
  856  Statutes, is amended to read:
  857         718.3026 Contracts for products and services; in writing;
  858  bids; exceptions.—Associations with 10 or fewer units may opt
  859  out of the provisions of this section if two-thirds of the unit
  860  owners vote to do so, which opt-out may be accomplished by a
  861  proxy specifically setting forth the exception from this
  862  section.
  863         (3)As to any contract or other transaction between an
  864  association and one or more of its directors or any other
  865  corporation, firm, association, or entity in which one or more
  866  of its directors are directors or officers or are financially
  867  interested:
  868         (a)The association shall comply with the requirements of
  869  s. 617.0832.
  870         (b)The disclosures required by s. 617.0832 shall be
  871  entered into the written minutes of the meeting.
  872         (c)Approval of the contract or other transaction shall
  873  require an affirmative vote of two-thirds of the directors
  874  present.
  875         (d)At the next regular or special meeting of the members,
  876  the existence of the contract or other transaction shall be
  877  disclosed to the members. Upon motion of any member, the
  878  contract or transaction shall be brought up for a vote and may
  879  be canceled by a majority vote of the members present. Should
  880  the members cancel the contract, the association shall only be
  881  liable for the reasonable value of goods and services provided
  882  up to the time of cancellation and shall not be liable for any
  883  termination fee, liquidated damages, or other form of penalty
  884  for such cancellation.
  885         Section 5. Section 718.3027, Florida Statutes, is amended
  886  to read:
  887         718.3027 Conflicts of interest.—
  888         (1) Directors and officers of a board of an association
  889  that is not a timeshare condominium association, and the
  890  relatives of such directors and officers, must disclose to the
  891  board any activity that may reasonably be construed to be a
  892  conflict of interest. A rebuttable presumption of a conflict of
  893  interest exists if any of the following occurs without prior
  894  notice, as required in subsection (5) (4):
  895         (a)  A director or an officer, or a relative of a director
  896  or an officer, enters into a contract for goods or services with
  897  the association.
  898         (b)  A director or an officer, or a relative of a director
  899  or an officer, holds an interest in a corporation, limited
  900  liability corporation, partnership, limited liability
  901  partnership, or other business entity that conducts business
  902  with the association or proposes to enter into a contract or
  903  other transaction with the association.
  904         (2) If a director or an officer, or a relative of a
  905  director or an officer, proposes to engage in an activity that
  906  is a conflict of interest, as described in subsection (1), the
  907  proposed activity must be listed on, and all contracts and
  908  transactional documents related to the proposed activity must be
  909  attached to, the meeting agenda. The association shall comply
  910  with the requirements of s. 617.0832, and the disclosures
  911  required by s. 617.0832 must be entered into the written minutes
  912  of the meeting. Approval of the contract or other transaction
  913  requires an affirmative vote of two-thirds of all other
  914  directors present. At the next regular or special meeting of the
  915  members, the existence of the contract or other transaction must
  916  be disclosed to the members. Upon motion of any member, the
  917  contract or transaction must be brought up for a vote and may be
  918  canceled by a majority vote of the members present. If the
  919  contract is canceled, the association is liable only for the
  920  reasonable value of the goods and services provided up to the
  921  time of cancellation and is not liable for any termination fee,
  922  liquidated damages, or other form of penalty for such
  923  cancellation.
  924         (3) If the board votes against the proposed activity, the
  925  director or officer, or the relative of the director or officer,
  926  must notify the board in writing of his or her intention not to
  927  pursue the proposed activity or to withdraw from office. If the
  928  board finds that an officer or a director has violated this
  929  subsection, the officer or director shall be deemed removed from
  930  office. The vacancy shall be filled according to general law.
  931         (4)(3) A director or an officer, or a relative of a
  932  director or an officer, who is a party to, or has an interest
  933  in, an activity that is a possible conflict of interest, as
  934  described in subsection (1), may attend the meeting at which the
  935  activity is considered by the board and is authorized to make a
  936  presentation to the board regarding the activity. After the
  937  presentation, the director or officer, or the relative of the
  938  director or officer, must leave the meeting during the
  939  discussion of, and the vote on, the activity. A director or an
  940  officer who is a party to, or has an interest in, the activity
  941  must recuse himself or herself from the vote.
  942         (5)(4) A contract entered into between a director or an
  943  officer, or a relative of a director or an officer, and the
  944  association, which is not a timeshare condominium association,
  945  that has not been properly disclosed as a conflict of interest
  946  or potential conflict of interest as required by s.
  947  718.111(12)(g) is voidable and terminates upon the filing of a
  948  written notice terminating the contract with the board of
  949  directors which contains the consent of at least 20 percent of
  950  the voting interests of the association.
  951         (6)(5) As used in this section, the term “relative” means a
  952  relative within the third degree of consanguinity by blood or
  953  marriage.
  954         Section 6. Paragraph (b) of subsection (3) of section
  955  718.303, Florida Statutes, is amended to read:
  956         718.303 Obligations of owners and occupants; remedies.—
  957         (3) The association may levy reasonable fines for the
  958  failure of the owner of the unit or its occupant, licensee, or
  959  invitee to comply with any provision of the declaration, the
  960  association bylaws, or reasonable rules of the association. A
  961  fine may not become a lien against a unit. A fine may be levied
  962  by the board on the basis of each day of a continuing violation,
  963  with a single notice and opportunity for hearing before a
  964  committee as provided in paragraph (b). However, the fine may
  965  not exceed $100 per violation, or $1,000 in the aggregate.
  966         (b) A fine or suspension levied by the board of
  967  administration may not be imposed unless the board first
  968  provides at least 14 days’ written notice and an opportunity for
  969  a hearing to the unit owner and, if applicable, to any its
  970  occupant, licensee, or invitee of the unit owner sought to be
  971  fined or suspended and provides an opportunity for a hearing.
  972  The hearing must be held before a committee of at least three
  973  members appointed by the board who are not officers, directors,
  974  or employees of the association, or the spouse, parent, child,
  975  brother, or sister of an officer, director, or employee other
  976  unit owners who are neither board members nor persons residing
  977  in a board member’s household. The role of the committee is
  978  limited to determining whether to confirm or reject the fine or
  979  suspension levied by the board. If the committee does not
  980  approve agree, the proposed fine or suspension by majority vote,
  981  the fine or suspension may not be imposed. If the proposed fine
  982  or suspension is approved by the committee, the fine payment is
  983  due 5 days after the date of the committee meeting at which the
  984  fine is approved. The association must provide written notice of
  985  such fine or suspension by mail or hand delivery to the unit
  986  owner and, if applicable, to any tenant, licensee, or invitee of
  987  the unit owner.
  988         Section 7. Section 718.707, Florida Statutes, is amended to
  989  read:
  990         718.707 Time limitation for classification as bulk assignee
  991  or bulk buyer.—A person acquiring condominium parcels may not be
  992  classified as a bulk assignee or bulk buyer unless the
  993  condominium parcels were acquired on or after July 1, 2010, but
  994  before July 1, 2018. The date of such acquisition shall be
  995  determined by the date of recording a deed or other instrument
  996  of conveyance for such parcels in the public records of the
  997  county in which the condominium is located, or by the date of
  998  issuing a certificate of title in a foreclosure proceeding with
  999  respect to such condominium parcels.
 1000         Section 8. Paragraphs (a) and (b) of subsection (2) of
 1001  section 719.104, Florida Statutes, are amended to read:
 1002         719.104 Cooperatives; access to units; records; financial
 1003  reports; assessments; purchase of leases.—
 1004         (2) OFFICIAL RECORDS.—
 1005         (a) From the inception of the association, the association
 1006  shall maintain a copy of each of the following, where
 1007  applicable, which shall constitute the official records of the
 1008  association:
 1009         1. The plans, permits, warranties, and other items provided
 1010  by the developer pursuant to s. 719.301(4).
 1011         2. A photocopy of the cooperative documents.
 1012         3. A copy of the current rules of the association.
 1013         4. A book or books containing the minutes of all meetings
 1014  of the association, of the board of directors, and of the unit
 1015  owners, which minutes shall be retained for a period of not less
 1016  than 7 years.
 1017         5. A current roster of all unit owners and their mailing
 1018  addresses, unit identifications, voting certifications, and, if
 1019  known, telephone numbers. The association shall also maintain
 1020  the electronic mailing addresses and the numbers designated by
 1021  unit owners for receiving notice sent by electronic transmission
 1022  of those unit owners consenting to receive notice by electronic
 1023  transmission. The electronic mailing addresses and numbers
 1024  provided by unit owners to receive notice by electronic
 1025  transmission shall be removed from association records when
 1026  consent to receive notice by electronic transmission is revoked.
 1027  However, the association is not liable for an erroneous
 1028  disclosure of the electronic mail address or the number for
 1029  receiving electronic transmission of notices.
 1030         6. All current insurance policies of the association.
 1031         7. A current copy of any management agreement, lease, or
 1032  other contract to which the association is a party or under
 1033  which the association or the unit owners have an obligation or
 1034  responsibility.
 1035         8. Bills of sale or transfer for all property owned by the
 1036  association.
 1037         9. Accounting records for the association and separate
 1038  accounting records for each unit it operates, according to good
 1039  accounting practices. All accounting records shall be maintained
 1040  for a period of not less than 7 years. The accounting records
 1041  must shall include, but not be limited to:
 1042         a. Accurate, itemized, and detailed records of all receipts
 1043  and expenditures.
 1044         b. A current account and a monthly, bimonthly, or quarterly
 1045  statement of the account for each unit designating the name of
 1046  the unit owner, the due date and amount of each assessment, the
 1047  amount paid upon the account, and the balance due.
 1048         c. All audits, reviews, accounting statements, and
 1049  financial reports of the association.
 1050         d. All contracts for work to be performed. Bids for work to
 1051  be performed shall also be considered official records and shall
 1052  be maintained for a period of 1 year.
 1053         10. Ballots, sign-in sheets, voting proxies, and all other
 1054  papers and electronic records relating to voting by unit owners,
 1055  which shall be maintained for a period of 1 year after the date
 1056  of the election, vote, or meeting to which the document relates.
 1057         11. All rental records where the association is acting as
 1058  agent for the rental of units.
 1059         12. A copy of the current question and answer sheet as
 1060  described in s. 719.504.
 1061         13. All other written records of the association not
 1062  specifically included in the foregoing which are related to the
 1063  operation of the association.
 1064         (b) The official records of the association must be
 1065  maintained within the state for at least 7 years. The records of
 1066  the association must shall be made available to a unit owner
 1067  within 45 miles of the cooperative property or within the county
 1068  in which the cooperative property is located within 10 5 working
 1069  days after receipt of written request by the board or its
 1070  designee. This paragraph may be complied with by having a copy
 1071  of the official records of the association available for
 1072  inspection or copying on the cooperative property or the
 1073  association may offer the option of making the records available
 1074  to a unit owner electronically via the Internet or by allowing
 1075  the records to be viewed in an electronic format on a computer
 1076  screen and printed upon request. The association is not
 1077  responsible for the use or misuse of the information provided to
 1078  an association member or his or her authorized representative
 1079  pursuant to the compliance requirements of this chapter unless
 1080  the association has an affirmative duty not to disclose such
 1081  information pursuant to this chapter.
 1082         Section 9. Paragraphs (a), (c), and (d) of subsection (1)
 1083  of section 719.106, Florida Statutes, are amended, and paragraph
 1084  (m) is added to that subsection, to read:
 1085         719.106 Bylaws; cooperative ownership.—
 1086         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 1087  documents shall provide for the following, and if they do not,
 1088  they shall be deemed to include the following:
 1089         (a) Administration.—
 1090         1. The form of administration of the association shall be
 1091  described, indicating the titles of the officers and board of
 1092  administration and specifying the powers, duties, manner of
 1093  selection and removal, and compensation, if any, of officers and
 1094  board members. In the absence of such a provision, the board of
 1095  administration shall be composed of five members, unless the
 1096  cooperative has except in the case of cooperatives having five
 1097  or fewer units., in which case in not-for-profit corporations,
 1098  The board shall consist of not fewer than three members in
 1099  cooperatives with five or fewer units that are not-for-profit
 1100  corporations. In a residential cooperative association of more
 1101  than 10 units, co-owners of a unit may not serve as members of
 1102  the board of directors at the same time unless the co-owners own
 1103  more than one unit or unless there are not enough eligible
 1104  candidates to fill the vacancies on the board at the time of the
 1105  vacancy. In the absence of provisions to the contrary, the board
 1106  of administration must shall have a president, a secretary, and
 1107  a treasurer, who shall perform the duties of those offices
 1108  customarily performed by officers of corporations. Unless
 1109  prohibited in the bylaws, the board of administration may
 1110  appoint other officers and grant them those duties it deems
 1111  appropriate. Unless otherwise provided in the bylaws, the
 1112  officers shall serve without compensation and at the pleasure of
 1113  the board. Unless otherwise provided in the bylaws, the members
 1114  of the board shall serve without compensation.
 1115         2. A person who has been suspended or removed by the
 1116  division under this chapter, or who is delinquent in the payment
 1117  of any monetary obligation due to the association, is not
 1118  eligible to be a candidate for board membership and may not be
 1119  listed on the ballot. A director or officer charged by
 1120  information or indictment with a felony theft or embezzlement
 1121  offense involving the association’s funds or property is
 1122  suspended from office. The board shall fill the vacancy
 1123  according to general law until the end of the period of the
 1124  suspension or the end of the director’s term of office,
 1125  whichever occurs first. However, if the charges are resolved
 1126  without a finding of guilt or without acceptance of a plea of
 1127  guilty or nolo contendere, the director or officer shall be
 1128  reinstated for any remainder of his or her term of office. A
 1129  member who has such criminal charges pending may not be
 1130  appointed or elected to a position as a director or officer. A
 1131  person who has been convicted of any felony in this state or in
 1132  any United States District Court, or who has been convicted of
 1133  any offense in another jurisdiction which would be considered a
 1134  felony if committed in this state, is not eligible for board
 1135  membership unless such felon’s civil rights have been restored
 1136  for at least 5 years as of the date such person seeks election
 1137  to the board. The validity of an action by the board is not
 1138  affected if it is later determined that a board member is
 1139  ineligible for board membership due to having been convicted of
 1140  a felony.
 1141         3. When a unit owner files a written inquiry by certified
 1142  mail with the board of administration, the board shall respond
 1143  in writing to the unit owner within 30 days of receipt of the
 1144  inquiry. The board’s response shall either give a substantive
 1145  response to the inquirer, notify the inquirer that a legal
 1146  opinion has been requested, or notify the inquirer that advice
 1147  has been requested from the division. If the board requests
 1148  advice from the division, the board shall, within 10 days of its
 1149  receipt of the advice, provide in writing a substantive response
 1150  to the inquirer. If a legal opinion is requested, the board
 1151  shall, within 60 days after the receipt of the inquiry, provide
 1152  in writing a substantive response to the inquirer. The failure
 1153  to provide a substantive response to the inquirer as provided
 1154  herein precludes the board from recovering attorney’s fees and
 1155  costs in any subsequent litigation, administrative proceeding,
 1156  or arbitration arising out of the inquiry. The association may,
 1157  through its board of administration, adopt reasonable rules and
 1158  regulations regarding the frequency and manner of responding to
 1159  the unit owners’ inquiries, one of which may be that the
 1160  association is obligated to respond to only one written inquiry
 1161  per unit in any given 30-day period. In such case, any
 1162  additional inquiry or inquiries must be responded to in the
 1163  subsequent 30-day period, or periods, as applicable.
 1164         (c) Board of administration meetings.Members of the board
 1165  of administration may use e-mail as a means of communication but
 1166  may not cast a vote on an association matter via e-mail.
 1167  Meetings of the board of administration at which a quorum of the
 1168  members is present shall be open to all unit owners. Any unit
 1169  owner may tape record or videotape meetings of the board of
 1170  administration. The right to attend such meetings includes the
 1171  right to speak at such meetings with reference to all designated
 1172  agenda items. The division shall adopt reasonable rules
 1173  governing the tape recording and videotaping of the meeting. The
 1174  association may adopt reasonable written rules governing the
 1175  frequency, duration, and manner of unit owner statements.
 1176  Adequate notice of all meetings shall be posted in a conspicuous
 1177  place upon the cooperative property at least 48 continuous hours
 1178  preceding the meeting, except in an emergency. Any item not
 1179  included on the notice may be taken up on an emergency basis by
 1180  at least a majority plus one of the members of the board. Such
 1181  emergency action shall be noticed and ratified at the next
 1182  regular meeting of the board. Notice of any meeting in which
 1183  regular or special assessments against unit owners are to be
 1184  considered must specifically state that assessments will be
 1185  considered and provide the estimated cost for and description of
 1186  the purpose for such assessments. However, Written notice of any
 1187  meeting at which nonemergency special assessments, or at which
 1188  amendment to rules regarding unit use, will be considered shall
 1189  be mailed, delivered, or electronically transmitted to the unit
 1190  owners and posted conspicuously on the cooperative property not
 1191  less than 14 days before the meeting. Evidence of compliance
 1192  with this 14-day notice shall be made by an affidavit executed
 1193  by the person providing the notice and filed among the official
 1194  records of the association. Upon notice to the unit owners, the
 1195  board shall by duly adopted rule designate a specific location
 1196  on the cooperative property upon which all notices of board
 1197  meetings shall be posted. In lieu of or in addition to the
 1198  physical posting of notice of any meeting of the board of
 1199  administration on the cooperative property, the association may,
 1200  by reasonable rule, adopt a procedure for conspicuously posting
 1201  and repeatedly broadcasting the notice and the agenda on a
 1202  closed-circuit cable television system serving the cooperative
 1203  association. However, if broadcast notice is used in lieu of a
 1204  notice posted physically on the cooperative property, the notice
 1205  and agenda must be broadcast at least four times every broadcast
 1206  hour of each day that a posted notice is otherwise required
 1207  under this section. When broadcast notice is provided, the
 1208  notice and agenda must be broadcast in a manner and for a
 1209  sufficient continuous length of time so as to allow an average
 1210  reader to observe the notice and read and comprehend the entire
 1211  content of the notice and the agenda. In addition to any of the
 1212  authorized means of providing notice of a meeting of the board,
 1213  the association may, by rule, adopt a procedure for
 1214  conspicuously posting the meeting notice and the agenda on the
 1215  cooperative association’s website for at least the minimum
 1216  period of time for which a notice of a meeting is also required
 1217  to be physically posted on the cooperative property. Any rule
 1218  adopted must, in addition to other matters, include a
 1219  requirement that the association send an electronic notice in
 1220  the same manner as a notice for a meeting of the members, which
 1221  must include a hyperlink to the website where the notice is
 1222  posted, to unit owners whose e-mail addresses are included in
 1223  the association’s official records Notice of any meeting in
 1224  which regular assessments against unit owners are to be
 1225  considered for any reason shall specifically contain a statement
 1226  that assessments will be considered and the nature of any such
 1227  assessments. Meetings of a committee to take final action on
 1228  behalf of the board or to make recommendations to the board
 1229  regarding the association budget are subject to the provisions
 1230  of this paragraph. Meetings of a committee that does not take
 1231  final action on behalf of the board or make recommendations to
 1232  the board regarding the association budget are subject to the
 1233  provisions of this section, unless those meetings are exempted
 1234  from this section by the bylaws of the association.
 1235  Notwithstanding any other law to the contrary, the requirement
 1236  that board meetings and committee meetings be open to the unit
 1237  owners does not apply to board or committee meetings held for
 1238  the purpose of discussing personnel matters or meetings between
 1239  the board or a committee and the association’s attorney, with
 1240  respect to proposed or pending litigation, if the meeting is
 1241  held for the purpose of seeking or rendering legal advice.
 1242         (d) Shareholder meetings.—There shall be an annual meeting
 1243  of the shareholders. All members of the board of administration
 1244  shall be elected at the annual meeting unless the bylaws provide
 1245  for staggered election terms or for their election at another
 1246  meeting. Any unit owner desiring to be a candidate for board
 1247  membership must comply with subparagraph 1. The bylaws must
 1248  provide the method for calling meetings, including annual
 1249  meetings. Written notice, which must incorporate an
 1250  identification of agenda items, shall be given to each unit
 1251  owner at least 14 days before the annual meeting and posted in a
 1252  conspicuous place on the cooperative property at least 14
 1253  continuous days preceding the annual meeting. Upon notice to the
 1254  unit owners, the board must by duly adopted rule designate a
 1255  specific location on the cooperative property upon which all
 1256  notice of unit owner meetings are posted. In lieu of or in
 1257  addition to the physical posting of the meeting notice, the
 1258  association may, by reasonable rule, adopt a procedure for
 1259  conspicuously posting and repeatedly broadcasting the notice and
 1260  the agenda on a closed-circuit cable television system serving
 1261  the cooperative association. However, if broadcast notice is
 1262  used in lieu of a posted notice, the notice and agenda must be
 1263  broadcast at least four times every broadcast hour of each day
 1264  that a posted notice is otherwise required under this section.
 1265  If broadcast notice is provided, the notice and agenda must be
 1266  broadcast in a manner and for a sufficient continuous length of
 1267  time to allow an average reader to observe the notice and read
 1268  and comprehend the entire content of the notice and the agenda.
 1269  In addition to any of the authorized means of providing notice
 1270  of a meeting of the shareholders, the association may, by rule,
 1271  adopt a procedure for conspicuously posting the meeting notice
 1272  and the agenda on the cooperative association’s website for at
 1273  least the minimum period of time for which a notice of a meeting
 1274  is also required to be physically posted on the cooperative
 1275  property. Any rule adopted must, in addition to other matters,
 1276  include a requirement that the association send an electronic
 1277  notice in the same manner as a notice for a meeting of the
 1278  members, which must include a hyperlink to the website where the
 1279  notice is posted, to unit owners whose e-mail addresses are
 1280  included in the association’s official records. Unless a unit
 1281  owner waives in writing the right to receive notice of the
 1282  annual meeting, the notice of the annual meeting must be sent by
 1283  mail, hand delivered, or electronically transmitted to each unit
 1284  owner. An officer of the association must provide an affidavit
 1285  or United States Postal Service certificate of mailing, to be
 1286  included in the official records of the association, affirming
 1287  that notices of the association meeting were mailed, hand
 1288  delivered, or electronically transmitted, in accordance with
 1289  this provision, to each unit owner at the address last furnished
 1290  to the association.
 1291         1. The board of administration shall be elected by written
 1292  ballot or voting machine. A proxy may not be used in electing
 1293  the board of administration in general elections or elections to
 1294  fill vacancies caused by recall, resignation, or otherwise
 1295  unless otherwise provided in this chapter.
 1296         a. At least 60 days before a scheduled election, the
 1297  association shall mail, deliver, or transmit, whether by
 1298  separate association mailing, delivery, or electronic
 1299  transmission or included in another association mailing,
 1300  delivery, or electronic transmission, including regularly
 1301  published newsletters, to each unit owner entitled to vote, a
 1302  first notice of the date of the election. Any unit owner or
 1303  other eligible person desiring to be a candidate for the board
 1304  of administration must give written notice to the association at
 1305  least 40 days before a scheduled election. Together with the
 1306  written notice and agenda as set forth in this section, the
 1307  association shall mail, deliver, or electronically transmit a
 1308  second notice of election to all unit owners entitled to vote,
 1309  together with a ballot that lists all candidates. Upon request
 1310  of a candidate, the association shall include an information
 1311  sheet, no larger than 8 1/2 inches by 11 inches, which must be
 1312  furnished by the candidate at least 35 days before the election,
 1313  to be included with the mailing, delivery, or electronic
 1314  transmission of the ballot, with the costs of mailing, delivery,
 1315  or transmission and copying to be borne by the association. The
 1316  association is not liable for the contents of the information
 1317  sheets provided by the candidates. In order to reduce costs, the
 1318  association may print or duplicate the information sheets on
 1319  both sides of the paper. The division shall by rule establish
 1320  voting procedures consistent with this subparagraph, including
 1321  rules establishing procedures for giving notice by electronic
 1322  transmission and rules providing for the secrecy of ballots.
 1323  Elections shall be decided by a plurality of those ballots cast.
 1324  There is no quorum requirement. However, at least 20 percent of
 1325  the eligible voters must cast a ballot in order to have a valid
 1326  election. A unit owner may not permit any other person to vote
 1327  his or her ballot, and any such ballots improperly cast are
 1328  invalid. A unit owner who needs assistance in casting the ballot
 1329  for the reasons stated in s. 101.051 may obtain assistance in
 1330  casting the ballot. Any unit owner violating this provision may
 1331  be fined by the association in accordance with s. 719.303. The
 1332  regular election must occur on the date of the annual meeting.
 1333  This subparagraph does not apply to timeshare cooperatives.
 1334  Notwithstanding this subparagraph, an election and balloting are
 1335  not required unless more candidates file a notice of intent to
 1336  run or are nominated than vacancies exist on the board. Any
 1337  challenge to the election process must be commenced within 60
 1338  days after the election results are announced.
 1339         b. Within 90 days after being elected or appointed to the
 1340  board, each new director shall certify in writing to the
 1341  secretary of the association that he or she has read the
 1342  association’s bylaws, articles of incorporation, proprietary
 1343  lease, and current written policies; that he or she will work to
 1344  uphold such documents and policies to the best of his or her
 1345  ability; and that he or she will faithfully discharge his or her
 1346  fiduciary responsibility to the association’s members. Within 90
 1347  days after being elected or appointed to the board, in lieu of
 1348  this written certification, the newly elected or appointed
 1349  director may submit a certificate of having satisfactorily
 1350  completed the educational curriculum administered by an
 1351  education provider as approved by the division pursuant to the
 1352  requirements established in chapter 718 within 1 year before or
 1353  90 days after the date of election or appointment. The
 1354  educational certificate is valid and does not have to be
 1355  resubmitted as long as the director serves on the board without
 1356  interruption. A director who fails to timely file the written
 1357  certification or educational certificate is suspended from
 1358  service on the board until he or she complies with this sub
 1359  subparagraph. The board may temporarily fill the vacancy during
 1360  the period of suspension. The secretary of the association shall
 1361  cause the association to retain a director’s written
 1362  certification or educational certificate for inspection by the
 1363  members for 5 years after a director’s election or the duration
 1364  of the director’s uninterrupted tenure, whichever is longer.
 1365  Failure to have such written certification or educational
 1366  certificate on file does not affect the validity of any board
 1367  action.
 1368         2. Any approval by unit owners called for by this chapter,
 1369  or the applicable cooperative documents, must be made at a duly
 1370  noticed meeting of unit owners and is subject to this chapter or
 1371  the applicable cooperative documents relating to unit owner
 1372  decisionmaking, except that unit owners may take action by
 1373  written agreement, without meetings, on matters for which action
 1374  by written agreement without meetings is expressly allowed by
 1375  the applicable cooperative documents or law which provides for
 1376  the unit owner action.
 1377         3. Unit owners may waive notice of specific meetings if
 1378  allowed by the applicable cooperative documents or law. Notice
 1379  of meetings of the board of administration, shareholder
 1380  meetings, except shareholder meetings called to recall board
 1381  members under paragraph (f), and committee meetings may be given
 1382  by electronic transmission to unit owners who consent to receive
 1383  notice by electronic transmission. A unit owner who consents to
 1384  receiving notices by electronic transmission is solely
 1385  responsible for removing or bypassing filters that may block
 1386  receipt of mass e-mails sent to members on behalf of the
 1387  association in the course of giving electronic notices.
 1388         4. Unit owners have the right to participate in meetings of
 1389  unit owners with reference to all designated agenda items.
 1390  However, the association may adopt reasonable rules governing
 1391  the frequency, duration, and manner of unit owner participation.
 1392         5. Any unit owner may tape record or videotape meetings of
 1393  the unit owners subject to reasonable rules adopted by the
 1394  division.
 1395         6. Unless otherwise provided in the bylaws, a vacancy
 1396  occurring on the board before the expiration of a term may be
 1397  filled by the affirmative vote of the majority of the remaining
 1398  directors, even if the remaining directors constitute less than
 1399  a quorum, or by the sole remaining director. In the alternative,
 1400  a board may hold an election to fill the vacancy, in which case
 1401  the election procedures must conform to the requirements of
 1402  subparagraph 1. unless the association has opted out of the
 1403  statutory election process, in which case the bylaws of the
 1404  association control. Unless otherwise provided in the bylaws, a
 1405  board member appointed or elected under this subparagraph shall
 1406  fill the vacancy for the unexpired term of the seat being
 1407  filled. Filling vacancies created by recall is governed by
 1408  paragraph (f) and rules adopted by the division.
 1409  
 1410  Notwithstanding subparagraphs (b)2. and (d)1., an association
 1411  may, by the affirmative vote of a majority of the total voting
 1412  interests, provide for a different voting and election procedure
 1413  in its bylaws, which vote may be by a proxy specifically
 1414  delineating the different voting and election procedures. The
 1415  different voting and election procedures may provide for
 1416  elections to be conducted by limited or general proxy.
 1417         (m)Director or officer delinquencies.—A director or
 1418  officer more than 90 days delinquent in the payment of any
 1419  monetary obligation due the association is deemed to have
 1420  abandoned the office, and such vacancy in the office must be
 1421  filled according to law.
 1422         Section 10. Paragraph (b) of subsection (1) of section
 1423  719.107, Florida Statutes, is amended to read:
 1424         719.107 Common expenses; assessment.—
 1425         (1)
 1426         (b) If so provided in the bylaws, the cost of
 1427  communications services as defined in chapter 202, information
 1428  services, or Internet services a master antenna television
 1429  system or duly franchised cable television service obtained
 1430  pursuant to a bulk contract shall be deemed a common expense,
 1431  and if not obtained pursuant to a bulk contract, such cost shall
 1432  be considered common expense if it is designated as such in a
 1433  written contract between the board of administration and the
 1434  company providing the communications services as defined in
 1435  chapter 202, information services, or Internet services master
 1436  television antenna system or the cable television service. The
 1437  contract shall be for a term of not less than 2 years.
 1438         1. Any contract made by the board after April 2, 1992, for
 1439  a community antenna system or duly franchised cable television
 1440  service, communications services as defined in chapter 202,
 1441  information services, or Internet services may be canceled by a
 1442  majority of the voting interests present at the next regular or
 1443  special meeting of the association. Any member may make a motion
 1444  to cancel the contract, but if no motion is made or if such
 1445  motion fails to obtain the required majority at the next regular
 1446  or special meeting, whichever is sooner, following the making of
 1447  the contract, then such contract shall be deemed ratified for
 1448  the term therein expressed.
 1449         2. Any such contract shall provide, and shall be deemed to
 1450  provide if not expressly set forth, that any hearing impaired or
 1451  legally blind unit owner who does not occupy the unit with a
 1452  nonhearing impaired or sighted person may discontinue the
 1453  service without incurring disconnect fees, penalties, or
 1454  subsequent service charges, and as to such units, the owners may
 1455  shall not be required to pay any common expenses charge related
 1456  to such service. If less than all members of an association
 1457  share the expenses of cable television, the expense shall be
 1458  shared equally by all participating unit owners. The association
 1459  may use the provisions of s. 719.108 to enforce payment of the
 1460  shares of such costs by the unit owners receiving cable
 1461  television.
 1462         Section 11. Paragraph (b) of subsection (3) of section
 1463  719.303, Florida Statutes, is amended to read:
 1464         719.303 Obligations of owners.—
 1465         (3) The association may levy reasonable fines for failure
 1466  of the unit owner or the unit’s occupant, licensee, or invitee
 1467  to comply with any provision of the cooperative documents or
 1468  reasonable rules of the association. A fine may not become a
 1469  lien against a unit. A fine may be levied by the board on the
 1470  basis of each day of a continuing violation, with a single
 1471  notice and opportunity for hearing before a committee as
 1472  provided in paragraph (b). However, the fine may not exceed $100
 1473  per violation, or $1,000 in the aggregate.
 1474         (b) A fine or suspension levied by the board of
 1475  administration may not be imposed unless the board first
 1476  provides at least 14 days’ written notice and an opportunity for
 1477  a hearing to the unit owner and, if applicable, to any its
 1478  occupant, licensee, or invitee of the unit owner sought to be
 1479  fined or suspended and provides an opportunity for a hearing.
 1480  The hearing must be held before a committee of at least three
 1481  members appointed by the board who are not officers, directors,
 1482  or employees of the association, or the spouse, parent, child,
 1483  brother, or sister of an officer, director, or employee other
 1484  unit owners who are neither board members nor persons residing
 1485  in a board member’s household. The role of the committee is
 1486  limited to determining whether to confirm or reject the fine or
 1487  suspension levied by the board. If the committee does not
 1488  approve agree with the proposed fine or suspension by majority
 1489  vote, the fine or suspension it may not be imposed. If the
 1490  proposed fine or suspension is approved by the committee, the
 1491  fine payment is due 5 days after the date of the committee
 1492  meeting at which the fine is approved. The association must
 1493  provide written notice of such fine or suspension by mail or
 1494  hand delivery to the unit owner and, if applicable, to any
 1495  tenant, licensee, or invitee of the unit owner.
 1496         Section 12. Paragraphs (a) and (c) of subsection (2) and
 1497  paragraphs (b) through (h) of subsection (6) of section 720.303,
 1498  Florida Statutes, are amended, and paragraphs (i) and (j) are
 1499  added to subsection (6) of that section, to read:
 1500         720.303 Association powers and duties; meetings of board;
 1501  official records; budgets; financial reporting; association
 1502  funds; recalls.—
 1503         (2) BOARD MEETINGS.—
 1504         (a) Members of the board of administration may use e-mail
 1505  as a means of communication, but may not cast a vote on an
 1506  association matter via e-mail. A meeting of the board of
 1507  directors of an association occurs whenever a quorum of the
 1508  board gathers to conduct association business. Meetings of the
 1509  board must be open to all members, except for meetings between
 1510  the board and its attorney with respect to proposed or pending
 1511  litigation where the contents of the discussion would otherwise
 1512  be governed by the attorney-client privilege. A meeting of the
 1513  board must be held at a location that is accessible to a
 1514  physically handicapped person if requested by a physically
 1515  handicapped person who has a right to attend the meeting. The
 1516  provisions of this subsection shall also apply to the meetings
 1517  of any committee or other similar body when a final decision
 1518  will be made regarding the expenditure of association funds and
 1519  to meetings of any body vested with the power to approve or
 1520  disapprove architectural decisions with respect to a specific
 1521  parcel of residential property owned by a member of the
 1522  community.
 1523         (c) The bylaws shall provide the following for giving
 1524  notice to parcel owners and members of all board meetings and,
 1525  if they do not do so, shall be deemed to include provide the
 1526  following:
 1527         1. Notices of all board meetings must be posted in a
 1528  conspicuous place in the community at least 48 hours in advance
 1529  of a meeting, except in an emergency. In the alternative, if
 1530  notice is not posted in a conspicuous place in the community,
 1531  notice of each board meeting must be mailed or delivered to each
 1532  member at least 7 days before the meeting, except in an
 1533  emergency. Notwithstanding this general notice requirement, for
 1534  communities with more than 100 members, the association bylaws
 1535  may provide for a reasonable alternative to posting or mailing
 1536  of notice for each board meeting, including publication of
 1537  notice, provision of a schedule of board meetings, or the
 1538  conspicuous posting and repeated broadcasting of the notice on a
 1539  closed-circuit cable television system serving the homeowners’
 1540  association. However, if broadcast notice is used in lieu of a
 1541  notice posted physically in the community, the notice must be
 1542  broadcast at least four times every broadcast hour of each day
 1543  that a posted notice is otherwise required. When broadcast
 1544  notice is provided, the notice and agenda must be broadcast in a
 1545  manner and for a sufficient continuous length of time so as to
 1546  allow an average reader to observe the notice and read and
 1547  comprehend the entire content of the notice and the agenda. The
 1548  association may provide notice by electronic transmission in a
 1549  manner authorized by law for meetings of the board of directors,
 1550  committee meetings requiring notice under this section, and
 1551  annual and special meetings of the members to any member who has
 1552  provided a facsimile number or e-mail address to the association
 1553  to be used for such purposes; however, a member must consent in
 1554  writing to receiving notice by electronic transmission.
 1555         2. An assessment may not be levied at a board meeting
 1556  unless the notice of the meeting includes a statement that
 1557  assessments will be considered and the nature of the
 1558  assessments. Written notice of any meeting at which special
 1559  assessments will be considered or at which amendments to rules
 1560  regarding parcel use will be considered must be mailed,
 1561  delivered, or electronically transmitted to the members and
 1562  parcel owners and posted conspicuously on the property or
 1563  broadcast on closed-circuit cable television not less than 14
 1564  days before the meeting.
 1565         3. Directors may not vote by proxy or by secret ballot at
 1566  board meetings, except that secret ballots may be used in the
 1567  election of officers. This subsection also applies to the
 1568  meetings of any committee or other similar body, when a final
 1569  decision will be made regarding the expenditure of association
 1570  funds, and to any body vested with the power to approve or
 1571  disapprove architectural decisions with respect to a specific
 1572  parcel of residential property owned by a member of the
 1573  community.
 1574         (6) BUDGETS; BUDGET MEETINGS.—
 1575         (b) In addition to annual operating expenses, for all
 1576  associations incorporated on or after July 1, 2018, and any
 1577  association incorporated before that date that, by a majority
 1578  vote of the members of the association who are present at a
 1579  meeting, in person or by proxy, at which a quorum is present,
 1580  affirmatively votes to be bound by the provisions of this
 1581  subsection, the budget must may include reserve accounts for the
 1582  capital expenditures and deferred maintenance of any item with a
 1583  deferred maintenance expense exceeding $100,000 which is the
 1584  obligation of for which the association under is responsible. If
 1585  reserve accounts are not established pursuant to paragraph (d),
 1586  funding of such reserves is limited to the extent that the
 1587  governing documents. However, subsequent to the transfer of
 1588  control of the association to its members, other than pursuant
 1589  to s. 720.307, and the developer no longer having authority to
 1590  appoint members to the board of directors, the board of
 1591  directors may elect to reserve money for any item that has a
 1592  deferred maintenance expense exceeding $25,000. The board may
 1593  elect to reserve money for any item that has a deferred
 1594  maintenance expense of less than $25,000 if approved by a
 1595  majority of the members present at a meeting, in person or by
 1596  proxy, at which a quorum is present. The amount to be reserved
 1597  must be calculated using a formula based upon the estimated
 1598  deferred maintenance expense of each reserve item divided by the
 1599  estimated remaining useful life of that item. However, and
 1600  notwithstanding the amount disclosed as being the total required
 1601  reserve amount, each parcel that is obligated to pay annual
 1602  reserves to the association each year must be assessed for only
 1603  the amount determined by dividing the total annual reserve
 1604  amount disclosed in the budget by the total number of parcels
 1605  that will ultimately be operated by the association. The
 1606  assessments actually collected must be less than the full amount
 1607  of required reserves as disclosed in the proposed annual budget
 1608  until all parcels that will ultimately be operated by the
 1609  association are obligated to pay assessments for reserves. The
 1610  association may adjust the deferred maintenance reserve
 1611  assessments annually to take into account any changes in
 1612  estimates or the useful life of a reserve item, of the
 1613  anticipated cost of the deferred maintenance, or any changes in
 1614  the number of parcels that will ultimately be operated by the
 1615  association. This paragraph does not apply to an adopted budget
 1616  when the members of the association have determined, by a
 1617  majority vote of the members present at a meeting, in person or
 1618  by proxy, at which a quorum is present, not to provide reserves
 1619  or reserves in an amount less than required by this subsection
 1620  limit increases in assessments, including reserves. If the
 1621  budget of the association includes reserve accounts established
 1622  pursuant to paragraph (d), such reserves shall be determined,
 1623  maintained, and waived in the manner provided in this
 1624  subsection. Once an association provides for reserve accounts
 1625  pursuant to paragraph (d), the association shall thereafter
 1626  determine, maintain, and waive reserves in compliance with this
 1627  subsection. This paragraph section does not preclude an
 1628  association from ceasing to add money to a reserve account
 1629  established pursuant to this paragraph upon a majority vote of
 1630  the members present at a meeting, in person or by proxy, at
 1631  which a quorum is present. Upon such approval, reserves may not
 1632  be included in the budget for that year. Only parcels with
 1633  completed improvements as evidenced by certificates of occupancy
 1634  for such improvements are obligated to pay assessments for
 1635  reserves. A developer who subsidizes the association’s budget
 1636  under s. 720.308(1) or establishes a guarantee under s.
 1637  720.308(2), is not obligated to include reserve contributions in
 1638  any such guarantee or subsidy payment the termination of a
 1639  reserve account established pursuant to this paragraph upon
 1640  approval of a majority of the total voting interests of the
 1641  association. Upon such approval, the terminating reserve account
 1642  shall be removed from the budget.
 1643         (c)1.The developer may vote the voting interests allocated
 1644  to its parcels with completed improvements, as evidenced by
 1645  certificates of occupancy for such improvements, to waive the
 1646  reserves or reduce the funding of reserves. If a meeting of the
 1647  parcel owners has been called to waive or reduce the funding of
 1648  reserves and a waiver or reduction is not achieved or a quorum
 1649  is not present, the reserves required by paragraph (b) must be
 1650  maintained If the budget of the association does not provide for
 1651  reserve accounts pursuant to paragraph (d) and the association
 1652  is responsible for the repair and maintenance of capital
 1653  improvements that may result in a special assessment if reserves
 1654  are not provided, each financial report for the preceding fiscal
 1655  year required by subsection (7) must contain the following
 1656  statement in conspicuous type:
 1657  THE BUDGET OF THE ASSOCIATION DOES NOT PROVIDE FOR RESERVE
 1658  ACCOUNTS FOR CAPITAL EXPENDITURES AND DEFERRED MAINTENANCE THAT
 1659  MAY RESULT IN SPECIAL ASSESSMENTS. OWNERS MAY ELECT TO PROVIDE
 1660  FOR RESERVE ACCOUNTS PURSUANT TO SECTION 720.303(6), FLORIDA
 1661  STATUTES, UPON OBTAINING THE APPROVAL OF A MAJORITY OF THE TOTAL
 1662  VOTING INTERESTS OF THE ASSOCIATION BY VOTE OF THE MEMBERS AT A
 1663  MEETING OR BY WRITTEN CONSENT.
 1664         2.If the budget of the association does provide for
 1665  funding accounts for deferred expenditures, including, but not
 1666  limited to, funds for capital expenditures and deferred
 1667  maintenance, but such accounts are not created or established
 1668  pursuant to paragraph (d), each financial report for the
 1669  preceding fiscal year required under subsection (7) must also
 1670  contain the following statement in conspicuous type:
 1671  THE BUDGET OF THE ASSOCIATION PROVIDES FOR LIMITED VOLUNTARY
 1672  DEFERRED EXPENDITURE ACCOUNTS, INCLUDING CAPITAL EXPENDITURES
 1673  AND DEFERRED MAINTENANCE, SUBJECT TO LIMITS ON FUNDING CONTAINED
 1674  IN OUR GOVERNING DOCUMENTS. BECAUSE THE OWNERS HAVE NOT ELECTED
 1675  TO PROVIDE FOR RESERVE ACCOUNTS PURSUANT TO SECTION 720.303(6),
 1676  FLORIDA STATUTES, THESE FUNDS ARE NOT SUBJECT TO THE
 1677  RESTRICTIONS ON USE OF SUCH FUNDS SET FORTH IN THAT STATUTE, NOR
 1678  ARE RESERVES CALCULATED IN ACCORDANCE WITH THAT STATUTE.
 1679         (d) Reserve funds and any interest accruing thereon must
 1680  remain in the reserve account or accounts and may be used only
 1681  for deferred maintenance An association is deemed to have
 1682  provided for reserve accounts if reserve accounts have been
 1683  initially established by the developer or if the membership of
 1684  the association affirmatively elects to provide for reserves. If
 1685  reserve accounts are established by the developer, the budget
 1686  must designate the components for which the reserve accounts may
 1687  be used. If reserve accounts are not initially provided by the
 1688  developer, the membership of the association may elect to do so
 1689  upon the affirmative approval of a majority of the total voting
 1690  interests of the association. Such approval may be obtained by
 1691  vote of the members at a duly called meeting of the membership
 1692  or by the written consent of a majority of the total voting
 1693  interests of the association. The approval action of the
 1694  membership must state that reserve accounts shall be provided
 1695  for in the budget and must designate the components for which
 1696  the reserve accounts are to be established. Upon approval by the
 1697  membership, the board of directors shall include the required
 1698  reserve accounts in the budget in the next fiscal year following
 1699  the approval and each year thereafter. Once established as
 1700  provided in this subsection, the reserve accounts must be funded
 1701  or maintained or have their funding waived in the manner
 1702  provided in paragraph (f).
 1703         (e) The only voting interests that are eligible to vote on
 1704  questions that involve waiving or reducing the funding of
 1705  reserves are the voting interests of the parcels subject to
 1706  assessment to fund the reserves in question. Any vote taken
 1707  pursuant to this subsection to waive or reduce reserves is
 1708  applicable only for 1 budget year. Proxy questions relating to
 1709  waiving or reducing the funding of reserves must contain the
 1710  following statement in capitalized, bold letters in a font size
 1711  larger than any other used on the face of the proxy ballot:
 1712  WAIVING OF RESERVES, IN WHOLE OR IN PART, MAY RESULT IN PARCEL
 1713  OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED SPECIAL ASSESSMENTS
 1714  REGARDING THOSE ITEMS The amount to be reserved in any account
 1715  established shall be computed by means of a formula that is
 1716  based upon estimated remaining useful life and estimated
 1717  replacement cost or deferred maintenance expense of each reserve
 1718  item. The association may adjust replacement reserve assessments
 1719  annually to take into account any changes in estimates of cost
 1720  or useful life of a reserve item.
 1721         (f) Except as provided in paragraph (g), funding formulas
 1722  for reserves required by this section must be based on a pooled
 1723  analysis method of two or more of the assets for which reserves
 1724  are required to be accrued. The projected annual cash inflows
 1725  may include estimated earnings from investment of principal. The
 1726  reserve funding formula must result in constant funding each
 1727  year. However, based on the method for calculating the
 1728  assessment for reserves as described in paragraph (b), the
 1729  assessments actually collected may be less than the full amount
 1730  of required reserves disclosed in the proposed annual budget
 1731  until all parcels that will ultimately be operated by the
 1732  association are obligated to pay assessments for reserves After
 1733  one or more reserve accounts are established, the membership of
 1734  the association, upon a majority vote at a meeting at which a
 1735  quorum is present, may provide for no reserves or less reserves
 1736  than required by this section. If a meeting of the unit owners
 1737  has been called to determine whether to waive or reduce the
 1738  funding of reserves and such result is not achieved or a quorum
 1739  is not present, the reserves as included in the budget go into
 1740  effect. After the turnover, the developer may vote its voting
 1741  interest to waive or reduce the funding of reserves. Any vote
 1742  taken pursuant to this subsection to waive or reduce reserves is
 1743  applicable only to one budget year.
 1744         (g) As an alternative to the pooled analysis method
 1745  described in paragraph (f), if approved by a majority vote of
 1746  the members present at a meeting, in person or by proxy, at
 1747  which a quorum is present, the funding formulas for the
 1748  disclosure of reserves required authorized by this section may
 1749  must be based on a separate analysis of each of the required
 1750  assets under the straight-line accounting method or a pooled
 1751  analysis of two or more of the required assets.
 1752         1. If the association maintains separate reserve accounts
 1753  for each of the required assets, under the straight-line
 1754  accounting method the amount of the contribution to each reserve
 1755  account is the sum of the following two calculations:
 1756         1.a. The total amount necessary, if any, to bring a
 1757  negative component balance to zero.
 1758         2.b. The total estimated deferred maintenance expense or
 1759  estimated replacement cost of the reserve component less the
 1760  estimated balance of the reserve component as of the beginning
 1761  of the period the budget will be in effect. The remainder, if
 1762  greater than zero, shall be divided by the estimated remaining
 1763  useful life of the component.
 1764  
 1765  The formula may be adjusted each year for changes in estimates
 1766  and deferred maintenance performed during the year and may
 1767  include factors such as inflation and earnings on invested
 1768  funds. An association may convert its funding formulas from a
 1769  straight-line accounting method to a pooled analysis method, as
 1770  described in paragraph (f), and back to a straight-line
 1771  accounting method at any time if approved by a majority vote of
 1772  the members present at a meeting, in person or by proxy, at
 1773  which a quorum is present.
 1774         2.If the association maintains a pooled account of two or
 1775  more of the required reserve assets, the amount of the
 1776  contribution to the pooled reserve account as disclosed on the
 1777  proposed budget may not be less than that required to ensure
 1778  that the balance on hand at the beginning of the period the
 1779  budget will go into effect plus the projected annual cash
 1780  inflows over the remaining estimated useful life of all of the
 1781  assets that make up the reserve pool are equal to or greater
 1782  than the projected annual cash outflows over the remaining
 1783  estimated useful lives of all the assets that make up the
 1784  reserve pool, based on the current reserve analysis. The
 1785  projected annual cash inflows may include estimated earnings
 1786  from investment of principal and accounts receivable minus the
 1787  allowance for doubtful accounts. The reserve funding formula may
 1788  not include any type of balloon payments.
 1789         (h)1.Meetings at which a proposed annual budget of an
 1790  association will be considered by the board must be open to all
 1791  parcel owners Reserve funds and any interest accruing thereon
 1792  shall remain in the reserve account or accounts and shall be
 1793  used only for authorized reserve expenditures unless their use
 1794  for other purposes is approved in advance by a majority vote at
 1795  a meeting at which a quorum is present. Prior to turnover of
 1796  control of an association by a developer to parcel owners, the
 1797  developer-controlled association shall not vote to use reserves
 1798  for purposes other than those for which they were intended
 1799  without the approval of a majority of all nondeveloper voting
 1800  interests voting in person or by limited proxy at a duly called
 1801  meeting of the association.
 1802         2.a.If a board adopts an annual budget that requires
 1803  assessments against parcel owners which exceed 115 percent of
 1804  assessments for the preceding fiscal year and the board
 1805  receives, within 21 days after adoption of the annual budget, a
 1806  written request for a special meeting from at least 10 percent
 1807  of all voting interests, the board must conduct a special
 1808  meeting of the parcel owners to consider a substitute budget.
 1809  The special meeting must be conducted within 60 days after
 1810  adoption of the annual budget. At least 14 days before such
 1811  special meeting, the board shall hand deliver to each parcel
 1812  owner, or mail to each parcel owner at the address last
 1813  furnished to the association, a notice of the meeting. An
 1814  officer or manager of the association, or other person providing
 1815  notice of such meeting, shall execute an affidavit evidencing
 1816  compliance with this notice requirement and file the affidavit
 1817  among the official records of the association. Parcel owners may
 1818  consider and adopt a substitute budget at the special meeting. A
 1819  substitute budget is adopted if approved by a majority of all
 1820  voting interests unless the governing documents require adoption
 1821  by a greater percentage of voting interests. If there is not a
 1822  quorum at the special meeting or a substitute budget is not
 1823  adopted, the annual budget previously adopted by the board takes
 1824  effect as scheduled.
 1825         b.Any determination on whether assessments exceed 115
 1826  percent of assessments for the prior fiscal year shall exclude
 1827  any provision for reasonable reserves for repair or deferred
 1828  maintenance of items that are the obligation of the association
 1829  under the governing documents, anticipated expenses of the
 1830  association which the board does not expect to be incurred on a
 1831  regular or annual basis, or assessments for improvements to the
 1832  common areas or association property, or other items that are
 1833  the obligation of the association under the governing documents.
 1834         (i)Paragraphs (b)-(g) do not apply to mandatory reserve
 1835  accounts for the deferred maintenance of the infrastructure
 1836  which are required to be established and maintained by an
 1837  association at the direction of a county or municipal
 1838  government, water or drainage management district, community
 1839  development district, or other political subdivision that has
 1840  the authority to approve and control subdivision infrastructure
 1841  that is being entrusted to the care of an association.
 1842         (j)Reserve funds must be held in a separate bank account
 1843  established for such funds.
 1844         Section 13. Paragraph (b) of subsection (2) of section
 1845  720.305, Florida Statutes, is amended to read:
 1846         720.305 Obligations of members; remedies at law or in
 1847  equity; levy of fines and suspension of use rights.—
 1848         (2) The association may levy reasonable fines. A fine may
 1849  not exceed $100 per violation against any member or any member’s
 1850  tenant, guest, or invitee for the failure of the owner of the
 1851  parcel or its occupant, licensee, or invitee to comply with any
 1852  provision of the declaration, the association bylaws, or
 1853  reasonable rules of the association unless otherwise provided in
 1854  the governing documents. A fine may be levied by the board for
 1855  each day of a continuing violation, with a single notice and
 1856  opportunity for hearing, except that the fine may not exceed
 1857  $1,000 in the aggregate unless otherwise provided in the
 1858  governing documents. A fine of less than $1,000 may not become a
 1859  lien against a parcel. In any action to recover a fine, the
 1860  prevailing party is entitled to reasonable attorney fees and
 1861  costs from the nonprevailing party as determined by the court.
 1862         (b) A fine or suspension levied may not be imposed by the
 1863  board of administration may not be imposed unless the board
 1864  first provides without at least 14 days’ notice to the parcel
 1865  owner and, if applicable, to any occupant, licensee, or invitee
 1866  of the parcel owner, person sought to be fined or suspended and
 1867  provides an opportunity for a hearing before a committee of at
 1868  least three members appointed by the board who are not officers,
 1869  directors, or employees of the association, or the spouse,
 1870  parent, child, brother, or sister of an officer, director, or
 1871  employee. If the committee, by majority vote, does not approve a
 1872  proposed fine or suspension, the proposed fine or suspension it
 1873  may not be imposed. The role of the committee is limited to
 1874  determining whether to confirm or reject the fine or suspension
 1875  levied by the board. If the proposed board of administration
 1876  imposes a fine or suspension levied by the board is approved by
 1877  the committee, the fine payment is due 5 days after the date of
 1878  the committee meeting at which the fine is approved. The
 1879  association shall must provide written notice of such fine or
 1880  suspension by mail or hand delivery to the parcel owner and, if
 1881  applicable, to any tenant, licensee, or invitee of the parcel
 1882  owner.
 1883         Section 14. Paragraph (a) of subsection (9) of section
 1884  720.306, Florida Statutes, is amended to read:
 1885         720.306 Meetings of members; voting and election
 1886  procedures; amendments.—
 1887         (9) ELECTIONS AND BOARD VACANCIES.—
 1888         (a) Elections of directors must be conducted in accordance
 1889  with the procedures set forth in the governing documents of the
 1890  association. Except as provided in paragraph (b), all members of
 1891  the association are eligible to serve on the board of directors,
 1892  and a member may nominate himself or herself as a candidate for
 1893  the board at a meeting where the election is to be held;
 1894  provided, however, that if the election process allows
 1895  candidates to be nominated in advance of the meeting, the
 1896  association is not required to allow nominations at the meeting.
 1897  An election is not required unless more candidates are nominated
 1898  than vacancies exist. If an election is not required because
 1899  there are either an equal number of candidates or fewer
 1900  qualified candidates than vacancies, and if nominations from the
 1901  floor are not required pursuant to this section or the bylaws,
 1902  write-in nominations are not permitted, and such qualified
 1903  candidates shall commence service on the board of directors,
 1904  regardless of whether a quorum is attained at the annual
 1905  meeting. Except as otherwise provided in the governing
 1906  documents, boards of directors must be elected by a plurality of
 1907  the votes cast by eligible voters. Any challenge to the election
 1908  process must be commenced within 60 days after the election
 1909  results are announced.
 1910         Section 15. Paragraph (b) of subsection (3) of section
 1911  720.3085, Florida Statutes, is amended to read:
 1912         720.3085 Payment for assessments; lien claims.—
 1913         (3) Assessments and installments on assessments that are
 1914  not paid when due bear interest from the due date until paid at
 1915  the rate provided in the declaration of covenants or the bylaws
 1916  of the association, which rate may not exceed the rate allowed
 1917  by law. If no rate is provided in the declaration or bylaws,
 1918  interest accrues at the rate of 18 percent per year.
 1919         (b) Any payment received by an association and accepted
 1920  must shall be applied first to any interest accrued, then to any
 1921  administrative late fee, then to any costs and reasonable
 1922  attorney fees incurred in collection, and then to the delinquent
 1923  assessment. This paragraph applies notwithstanding any
 1924  restrictive endorsement, designation, or instruction placed on
 1925  or accompanying a payment. A late fee is not subject to the
 1926  provisions of chapter 687 and is not a fine. This paragraph is
 1927  applicable notwithstanding s. 673.3111, any purported accord and
 1928  satisfaction, or any restrictive endorsement, designation, or
 1929  instruction placed on or accompanying a payment. The preceding
 1930  sentence is intended to clarify existing law.
 1931         Section 16. Paragraph (a) of subsection (1) of section
 1932  720.401, Florida Statutes, is amended to read:
 1933         720.401 Prospective purchasers subject to association
 1934  membership requirement; disclosure required; covenants;
 1935  assessments; contract cancellation.—
 1936         (1)(a) A prospective parcel owner in a community must be
 1937  presented a disclosure summary before executing the contract for
 1938  sale. The disclosure summary must be in a form substantially
 1939  similar to the following form:
 1940                         DISCLOSURE SUMMARY                        
 1941                                 FOR                               
 1942                         (NAME OF COMMUNITY)                       
 1943         1. AS A PURCHASER OF PROPERTY IN THIS COMMUNITY, YOU WILL
 1944  BE OBLIGATED TO BE A MEMBER OF A HOMEOWNERS’ ASSOCIATION.
 1945         2. THERE HAVE BEEN OR WILL BE RECORDED RESTRICTIVE
 1946  COVENANTS GOVERNING THE USE AND OCCUPANCY OF PROPERTIES IN THIS
 1947  COMMUNITY.
 1948         3. YOU WILL BE OBLIGATED TO PAY ASSESSMENTS TO THE
 1949  ASSOCIATION. ASSESSMENTS MAY BE SUBJECT TO PERIODIC CHANGE. IF
 1950  APPLICABLE, THE CURRENT AMOUNT IS $.... PER ..... YOU WILL ALSO
 1951  BE OBLIGATED TO PAY ANY SPECIAL ASSESSMENTS IMPOSED BY THE
 1952  ASSOCIATION. SUCH SPECIAL ASSESSMENTS MAY BE SUBJECT TO CHANGE.
 1953  IF APPLICABLE, THE CURRENT AMOUNT IS $.... PER .....
 1954         4. YOU MAY BE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE
 1955  RESPECTIVE MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT. ALL
 1956  ASSESSMENTS ARE SUBJECT TO PERIODIC CHANGE.
 1957         5. YOUR FAILURE TO PAY SPECIAL ASSESSMENTS OR ASSESSMENTS
 1958  LEVIED BY A MANDATORY HOMEOWNERS’ ASSOCIATION COULD RESULT IN A
 1959  LIEN ON YOUR PROPERTY.
 1960         6.THE BUDGET OF THE ASSOCIATION DOES NOT NECESSARILY
 1961  INCLUDE RESERVE FUNDS FOR DEFERRED MAINTENANCE SUFFICIENT TO
 1962  COVER THE FULL COST OF DEFERRED MAINTENANCE OF COMMON AREAS. YOU
 1963  SHOULD REVIEW THE BUDGET TO DETERMINE THE LEVEL OF RESERVE
 1964  FUNDING, IF ANY.
 1965         7.6. THERE MAY BE AN OBLIGATION TO PAY RENT OR LAND USE
 1966  FEES FOR RECREATIONAL OR OTHER COMMONLY USED FACILITIES AS AN
 1967  OBLIGATION OF MEMBERSHIP IN THE HOMEOWNERS’ ASSOCIATION. IF
 1968  APPLICABLE, THE CURRENT AMOUNT IS $.... PER .....
 1969         8.7. THE DEVELOPER MAY HAVE THE RIGHT TO AMEND THE
 1970  RESTRICTIVE COVENANTS WITHOUT THE APPROVAL OF THE ASSOCIATION
 1971  MEMBERSHIP OR THE APPROVAL OF THE PARCEL OWNERS.
 1972         9.8. THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE
 1973  ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU
 1974  SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING
 1975  DOCUMENTS BEFORE PURCHASING PROPERTY.
 1976         10.9. THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC RECORD
 1977  AND CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE
 1978  THE PROPERTY IS LOCATED, OR ARE NOT RECORDED AND CAN BE OBTAINED
 1979  FROM THE DEVELOPER.
 1980  DATE:	PURCHASER:
 1981  PURCHASER:
 1982  The disclosure must be supplied by the developer, or by the
 1983  parcel owner if the sale is by an owner that is not the
 1984  developer. Any contract or agreement for sale shall refer to and
 1985  incorporate the disclosure summary and shall include, in
 1986  prominent language, a statement that the potential buyer should
 1987  not execute the contract or agreement until they have received
 1988  and read the disclosure summary required by this section.
 1989         Section 17. This act shall take effect July 1, 2018.