Florida Senate - 2018                                    SB 1530
       By Senator Mayfield
       17-01188A-18                                          20181530__
    1                        A bill to be entitled                      
    2         An act relating to condominium associations; amending
    3         s. 718.111, F.S.; deleting a restriction on attorney
    4         representation; revising record retention policies;
    5         revising the list of documents that the association is
    6         required to post online; limiting an association’s
    7         liability for inadvertent disclosure of protected or
    8         restricted information; providing that the failure of
    9         an association to post certain information is not
   10         sufficient, in and of itself, to invalidate any action
   11         or decision of the association; amending s. 718.112,
   12         F.S.; removing board term limits; providing an
   13         effective date.
   15  Be It Enacted by the Legislature of the State of Florida:
   17         Section 1. Subsections (3) and (12) of section 718.111,
   18  Florida Statutes, are amended to read:
   19         718.111 The association.—
   22         (a) The association may contract, sue, or be sued with
   23  respect to the exercise or nonexercise of its powers. For these
   24  purposes, the powers of the association include, but are not
   25  limited to, the maintenance, management, and operation of the
   26  condominium property. After control of the association is
   27  obtained by unit owners other than the developer, the
   28  association may institute, maintain, settle, or appeal actions
   29  or hearings in its name on behalf of all unit owners concerning
   30  matters of common interest to most or all unit owners,
   31  including, but not limited to, the common elements; the roof and
   32  structural components of a building or other improvements;
   33  mechanical, electrical, and plumbing elements serving an
   34  improvement or a building; representations of the developer
   35  pertaining to any existing or proposed commonly used facilities;
   36  and protesting ad valorem taxes on commonly used facilities and
   37  on units; and may defend actions in eminent domain or bring
   38  inverse condemnation actions. If the association has the
   39  authority to maintain a class action, the association may be
   40  joined in an action as representative of that class with
   41  reference to litigation and disputes involving the matters for
   42  which the association could bring a class action. Nothing herein
   43  limits any statutory or common-law right of any individual unit
   44  owner or class of unit owners to bring any action without
   45  participation by the association which may otherwise be
   46  available.
   47         (b) An association may not hire an attorney who represents
   48  the management company of the association.
   49         (12) OFFICIAL RECORDS.—
   50         (a) From the inception of the association, The association
   51  shall maintain each of the following items, if applicable, which
   52  constitutes the official records of the association:
   53         1. A copy of the plans, permits, warranties, and other
   54  items provided by the developer pursuant to s. 718.301(4).
   55         2. A photocopy of the recorded declaration of condominium
   56  of each condominium operated by the association and each
   57  amendment to each declaration.
   58         3. A photocopy of the recorded bylaws of the association
   59  and each amendment to the bylaws.
   60         4. A certified copy of the articles of incorporation of the
   61  association, or other documents creating the association, and
   62  each amendment thereto.
   63         5. A copy of the current rules of the association.
   64         6. A book or books that contain the minutes of all meetings
   65  of the association, the board of administration, and the unit
   66  owners, which minutes must be retained for at least 7 years.
   67         7. A current roster of all unit owners and their mailing
   68  addresses, unit identifications, voting certifications, and, if
   69  known, telephone numbers. The association shall also maintain
   70  the e-mail electronic mailing addresses and facsimile numbers of
   71  unit owners consenting to receive notice by electronic
   72  transmission. The e-mail electronic mailing addresses and
   73  facsimile numbers are not accessible to unit owners if consent
   74  to receive notice by electronic transmission is not provided in
   75  accordance with sub-subparagraph (c)3.e. However, the
   76  association is not liable for an inadvertent disclosure of the
   77  electronic mail address or facsimile number for receiving
   78  electronic transmission of notices.
   79         8. All current insurance policies of the association and
   80  condominiums operated by the association.
   81         9. A current copy of any management agreement, lease, or
   82  other contract to which the association is a party or under
   83  which the association or the unit owners have an obligation or
   84  responsibility.
   85         10. Bills of sale or transfer for all property owned by the
   86  association.
   87         11. Accounting records for the association and separate
   88  accounting records for each condominium that the association
   89  operates. All accounting records must be maintained for at least
   90  7 years. Any person who knowingly or intentionally defaces or
   91  destroys such records, or who knowingly or intentionally fails
   92  to create or maintain such records, with the intent of causing
   93  harm to the association or one or more of its members, is
   94  personally subject to a civil penalty pursuant to s.
   95  718.501(1)(d). The accounting records must include, but are not
   96  limited to:
   97         a. Accurate, itemized, and detailed records of all receipts
   98  and expenditures.
   99         b. A current account and a monthly, bimonthly, or quarterly
  100  statement of the account for each unit designating the name of
  101  the unit owner, the due date and amount of each assessment, the
  102  amount paid on the account, and the balance due.
  103         c. All audits, reviews, accounting statements, and
  104  financial reports of the association or condominium.
  105         d. All contracts for work to be performed. Bids for work to
  106  be performed are also considered official records and must be
  107  maintained by the association for a period of 1 year after the
  108  date of receipt.
  109         12. Ballots, sign-in sheets, voting proxies, and all other
  110  papers relating to voting by unit owners, which must be
  111  maintained for 1 year from the date of the election, vote, or
  112  meeting to which the document relates, notwithstanding paragraph
  113  (b).
  114         13. All rental records if the association is acting as
  115  agent for the rental of condominium units.
  116         14. A copy of the current question and answer sheet as
  117  described in s. 718.504.
  118         15. All other written records of the association not
  119  specifically included in the foregoing which are related to the
  120  operation of the association.
  121         16. A copy of the inspection report as described in s.
  122  718.301(4)(p).
  123         17. Bids for materials, equipment, or services, which must
  124  be maintained by the association for a period of 1 year after
  125  the date of receipt.
  126         (b) The official records specified in subparagraphs (a)1.
  127  6. must be permanently maintained from the inception of the
  128  association. All other official records of the association must
  129  be maintained within the state for at least 7 years, unless
  130  otherwise provided by law. The records of the association shall
  131  be made available to a unit owner within 45 miles of the
  132  condominium property or within the county in which the
  133  condominium property is located within 5 working days after
  134  receipt of a written request by the board or its designee.
  135  However, such distance requirement does not apply to an
  136  association governing a timeshare condominium. This paragraph
  137  may be complied with by having a copy of the official records of
  138  the association available for inspection or copying on the
  139  condominium property or association property, or the association
  140  may offer the option of making the records available to a unit
  141  owner electronically via the Internet or by allowing the records
  142  to be viewed in electronic format on a computer screen and
  143  printed upon request. The association is not responsible for the
  144  use or misuse of the information provided to an association
  145  member or his or her authorized representative pursuant to the
  146  compliance requirements of this chapter unless the association
  147  has an affirmative duty not to disclose such information
  148  pursuant to this chapter.
  149         (c)1. The official records of the association are open to
  150  inspection by any association member or the authorized
  151  representative of such member at all reasonable times. The right
  152  to inspect the records includes the right to make or obtain
  153  copies, at the reasonable expense, if any, of the member or
  154  authorized representative of such member. A renter of a unit has
  155  a right to inspect and copy the association’s bylaws and rules.
  156  The association may adopt reasonable rules regarding the
  157  frequency, time, location, notice, and manner of record
  158  inspections and copying. The failure of an association to
  159  provide the records within 10 working days after receipt of a
  160  written request creates a rebuttable presumption that the
  161  association willfully failed to comply with this paragraph. A
  162  unit owner who is denied access to official records is entitled
  163  to the actual damages or minimum damages for the association’s
  164  willful failure to comply. Minimum damages are $50 per calendar
  165  day for up to 10 days, beginning on the 11th working day after
  166  receipt of the written request. The failure to allow permit
  167  inspection entitles any person prevailing in an enforcement
  168  action to recover reasonable attorney fees from the person in
  169  control of the records who, directly or indirectly, knowingly
  170  denied access to the records.
  171         2. Any person who knowingly or intentionally defaces or
  172  destroys accounting records that are required by this chapter to
  173  be maintained during the period for which such records are
  174  required to be maintained, or who knowingly or intentionally
  175  fails to create or maintain accounting records that are required
  176  to be created or maintained, with the intent of causing harm to
  177  the association or one or more of its members, is personally
  178  subject to a civil penalty pursuant to s. 718.501(1)(d).
  179         3. The association shall maintain an adequate number of
  180  copies of the declaration, articles of incorporation, bylaws,
  181  and rules, and all amendments to each of the foregoing, as well
  182  as the question and answer sheet as described in s. 718.504 and
  183  year-end financial information required under this section, on
  184  the condominium property to ensure their availability to unit
  185  owners and prospective purchasers, and may charge its actual
  186  costs for preparing and furnishing these documents to those
  187  requesting the documents. An association shall allow a member or
  188  his or her authorized representative to use a portable device,
  189  including a smartphone, tablet, portable scanner, or any other
  190  technology capable of scanning or taking photographs, to make an
  191  electronic copy of the official records in lieu of the
  192  association’s providing the member or his or her authorized
  193  representative with a copy of such records. The association may
  194  not charge a member or his or her authorized representative for
  195  the use of a portable device. Notwithstanding this paragraph,
  196  the following records are not accessible to unit owners:
  197         a. Any record protected by the lawyer-client privilege as
  198  described in s. 90.502 and any record protected by the work
  199  product privilege, including a record prepared by an association
  200  attorney or prepared at the attorney’s express direction, which
  201  reflects a mental impression, conclusion, litigation strategy,
  202  or legal theory of the attorney or the association, and which
  203  was prepared exclusively for civil or criminal litigation or for
  204  adversarial administrative proceedings, or which was prepared in
  205  anticipation of such litigation or proceedings until the
  206  conclusion of the litigation or proceedings.
  207         b. Information obtained by an association in connection
  208  with the approval of the lease, sale, or other transfer of a
  209  unit.
  210         c. Personnel records of association or management company
  211  employees, including, but not limited to, disciplinary, payroll,
  212  health, and insurance records. For purposes of this sub
  213  subparagraph, the term “personnel records” does not include
  214  written employment agreements with an association employee or
  215  management company, or budgetary or financial records that
  216  indicate the compensation paid to an association employee.
  217         d. Medical records of unit owners.
  218         e. Social security numbers, driver license numbers, credit
  219  card numbers, e-mail addresses, telephone numbers, facsimile
  220  numbers, emergency contact information, addresses of a unit
  221  owner other than as provided to fulfill the association’s notice
  222  requirements, and other personal identifying information of any
  223  person, excluding the person’s name, unit designation, mailing
  224  address, property address, and any address, e-mail address, or
  225  facsimile number provided to the association to fulfill the
  226  association’s notice requirements. Notwithstanding the
  227  restrictions in this sub-subparagraph, an association may print
  228  and distribute to parcel owners a directory containing the name,
  229  parcel address, and all telephone numbers of each parcel owner.
  230  However, an owner may exclude his or her telephone numbers from
  231  the directory by so requesting in writing to the association. An
  232  owner may consent in writing to the disclosure of other contact
  233  information described in this sub-subparagraph. The association
  234  is not liable for the inadvertent disclosure of information that
  235  is protected under this sub-subparagraph if the information is
  236  included in an official record of the association and is
  237  voluntarily provided by an owner and not requested by the
  238  association.
  239         f. Electronic security measures that are used by the
  240  association to safeguard data, including passwords.
  241         g. The software and operating system used by the
  242  association which allow the manipulation of data, even if the
  243  owner owns a copy of the same software used by the association.
  244  The data is part of the official records of the association.
  245         (d) The association shall prepare a question and answer
  246  sheet as described in s. 718.504, and shall update it annually.
  247         (e)1. The association or its authorized agent is not
  248  required to provide a prospective purchaser or lienholder with
  249  information about the condominium or the association other than
  250  information or documents required by this chapter to be made
  251  available or disclosed. The association or its authorized agent
  252  may charge a reasonable fee to the prospective purchaser,
  253  lienholder, or the current unit owner for providing good faith
  254  responses to requests for information by or on behalf of a
  255  prospective purchaser or lienholder, other than that required by
  256  law, if the fee does not exceed $150 plus the reasonable cost of
  257  photocopying and any attorney attorney’s fees incurred by the
  258  association in connection with the response.
  259         2. An association and its authorized agent are not liable
  260  for providing such information in good faith pursuant to a
  261  written request if the person providing the information includes
  262  a written statement in substantially the following form: “The
  263  responses herein are made in good faith and to the best of my
  264  ability as to their accuracy.”
  265         (f) An outgoing board or committee member must relinquish
  266  all official records and property of the association in his or
  267  her possession or under his or her control to the incoming board
  268  within 5 days after the election. The division shall impose a
  269  civil penalty as set forth in s. 718.501(1)(d)6. against an
  270  outgoing board or committee member who willfully and knowingly
  271  fails to relinquish such records and property.
  272         (g)1. By July 1, 2018, an association with 150 or more
  273  units which does not manage timeshare units shall post digital
  274  copies of the documents specified in subparagraph 2. on its
  275  website.
  276         a. The association’s website must be:
  277         (I) An independent website or web portal wholly owned and
  278  operated by the association; or
  279         (II) A website or web portal operated by a third-party
  280  provider with whom the association owns, leases, rents, or
  281  otherwise obtains the right to operate a web page, subpage, web
  282  portal, or collection of subpages or web portals dedicated to
  283  the association’s activities and on which required notices,
  284  records, and documents may be posted by the association.
  285         b. The association’s website must be accessible through the
  286  Internet and must contain a subpage, web portal, or other
  287  protected electronic location that is inaccessible to the
  288  general public and accessible only to unit owners and employees
  289  of the association.
  290         c. Upon a unit owner’s written request, the association
  291  must provide the unit owner with a username and password and
  292  access to the protected sections of the association’s website
  293  that contain any notices, records, or documents that must be
  294  electronically provided.
  295         2. A current copy of the following documents must be posted
  296  in digital format on the association’s website:
  297         a. The recorded declaration of condominium of each
  298  condominium operated by the association and each amendment to
  299  each declaration.
  300         b. The recorded bylaws of the association and each
  301  amendment to the bylaws.
  302         c. The articles of incorporation of the association, or
  303  other documents creating the association, and each amendment
  304  thereto. The copy posted pursuant to this sub-subparagraph must
  305  be a copy of the articles of incorporation filed with the
  306  Department of State.
  307         d. The rules of the association, if any.
  308         e. A list of all executory contracts or documents Any
  309  management agreement, lease, or other contract to which the
  310  association is a party or under which the association or the
  311  unit owners have an obligation or responsibility and, after
  312  bidding for the related materials, equipment, or services has
  313  closed, a list of bids received by the association within the
  314  past year. Summaries of bids for materials, equipment, or
  315  services which exceed $2,500 must be maintained on the website
  316  for 1 year.
  317         f. The annual budget required by s. 718.112(2)(f) and any
  318  proposed budget to be considered at the annual meeting.
  319         g. The financial report required by subsection (13) and any
  320  proposed financial report to be considered at a meeting.
  321         h. The certification of each director required by s.
  322  718.112(2)(d)4.b.
  323         i. All contracts or transactions between the association
  324  and any director, officer, corporation, firm, or association
  325  that is not an affiliated condominium association or any other
  326  entity in which an association director is also a director or
  327  officer and financially interested.
  328         j. Any contract or document regarding a conflict of
  329  interest or possible conflict of interest as provided in ss.
  330  468.436(2)(b)6. and 718.3027(3) ss. 468.436(2) and 718.3026(3).
  331         k. The notice of any unit owner meeting and the agenda for
  332  the meeting, as required by s. 718.112(2)(d)3., no later than 14
  333  days before the meeting. The notice must be posted in plain view
  334  on the front page of the website, or on a separate subpage of
  335  the website labeled “Notices” which is conspicuously visible and
  336  linked from the front page. The association must also post on
  337  its website any document to be considered and voted on by the
  338  owners during the meeting or any document listed on the agenda
  339  at least 7 days before the meeting at which the document or the
  340  information within the document will be considered.
  341         l. Notice of any board meeting, the agenda, and any other
  342  document required for the meeting as required by s.
  343  718.112(2)(c), which must be posted no later than the date
  344  required for notice pursuant to s. 718.112(2)(c).
  345         3. The association shall ensure that the information and
  346  records described in paragraph (c), which are not allowed
  347  permitted to be accessible to unit owners, are not posted on the
  348  association’s website. If protected information or information
  349  restricted from being accessible to unit owners is included in
  350  documents that are required to be posted on the association’s
  351  website, the association shall ensure the information is
  352  redacted before posting the documents online. Notwithstanding
  353  the foregoing, the association or its agent is not liable for
  354  disclosing information that is protected or restricted pursuant
  355  to this paragraph unless such disclosure was made with a knowing
  356  or intentional disregard of the protected or restricted nature
  357  of such information.
  358         4. The failure of the association to post information
  359  required under subparagraph 2. is not in and of itself
  360  sufficient to invalidate any action or decision of the
  361  association’s board or its committees.
  362         Section 2. Paragraph (d) of subsection (2) of section
  363  718.112, Florida Statutes, is amended to read:
  364         718.112 Bylaws.—
  365         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  366  following and, if they do not do so, shall be deemed to include
  367  the following:
  368         (d) Unit owner meetings.—
  369         1. An annual meeting of the unit owners must shall be held
  370  at the location provided in the association bylaws and, if the
  371  bylaws are silent as to the location, the meeting must shall be
  372  held within 45 miles of the condominium property. However, such
  373  distance requirement does not apply to an association governing
  374  a timeshare condominium.
  375         2. Unless the bylaws provide otherwise, a vacancy on the
  376  board caused by the expiration of a director’s term must shall
  377  be filled by electing a new board member, and the election must
  378  be by secret ballot. An election is not required if the number
  379  of vacancies equals or exceeds the number of candidates. For
  380  purposes of this paragraph, the term “candidate” means an
  381  eligible person who has timely submitted the written notice, as
  382  described in sub-subparagraph 4.a., of his or her intention to
  383  become a candidate. Except in a timeshare or nonresidential
  384  condominium, or if the staggered term of a board member does not
  385  expire until a later annual meeting, or if all members’ terms
  386  would otherwise expire but there are no candidates, the terms of
  387  all board members expire at the annual meeting, and such members
  388  may stand for reelection unless prohibited by the bylaws. Board
  389  members may serve 2-year terms longer than 1 year if allowed
  390  permitted by the bylaws or articles of incorporation. A board
  391  member may not serve more than four consecutive 2-year terms,
  392  unless approved by an affirmative vote of two-thirds of the
  393  total voting interests of the association or unless there are
  394  not enough eligible candidates to fill the vacancies on the
  395  board at the time of the vacancy. If the number of board members
  396  whose terms expire at the annual meeting equals or exceeds the
  397  number of candidates, the candidates become members of the board
  398  effective upon the adjournment of the annual meeting. Unless the
  399  bylaws provide otherwise, any remaining vacancies shall be
  400  filled by the affirmative vote of the majority of the directors
  401  making up the newly constituted board even if the directors
  402  constitute less than a quorum or there is only one director. In
  403  a residential condominium association of more than 10 units or
  404  in a residential condominium association that does not include
  405  timeshare units or timeshare interests, coowners of a unit may
  406  not serve as members of the board of directors at the same time
  407  unless they own more than one unit or unless there are not
  408  enough eligible candidates to fill the vacancies on the board at
  409  the time of the vacancy. A unit owner in a residential
  410  condominium desiring to be a candidate for board membership must
  411  comply with sub-subparagraph 4.a. and must be eligible to be a
  412  candidate to serve on the board of directors at the time of the
  413  deadline for submitting a notice of intent to run in order to
  414  have his or her name listed as a proper candidate on the ballot
  415  or to serve on the board. A person who has been suspended or
  416  removed by the division under this chapter, or who is delinquent
  417  in the payment of any monetary obligation due to the
  418  association, is not eligible to be a candidate for board
  419  membership and may not be listed on the ballot. A person who has
  420  been convicted of any felony in this state or in a United States
  421  District or Territorial Court, or who has been convicted of any
  422  offense in another jurisdiction which would be considered a
  423  felony if committed in this state, is not eligible for board
  424  membership unless such felon’s civil rights have been restored
  425  for at least 5 years as of the date such person seeks election
  426  to the board. The validity of an action by the board is not
  427  affected if it is later determined that a board member is
  428  ineligible for board membership due to having been convicted of
  429  a felony. This subparagraph does not limit the term of a member
  430  of the board of a nonresidential or timeshare condominium.
  431         3. The bylaws must provide the method of calling meetings
  432  of unit owners, including annual meetings. Written notice must
  433  include an agenda, must be mailed, hand delivered, or
  434  electronically transmitted to each unit owner at least 14 days
  435  before the annual meeting, and must be posted in a conspicuous
  436  place on the condominium property at least 14 continuous days
  437  before the annual meeting. Upon notice to the unit owners, the
  438  board shall, by duly adopted rule, designate a specific location
  439  on the condominium property or association property where all
  440  notices of unit owner meetings must shall be posted. This
  441  requirement does not apply if there is no condominium property
  442  or association property for posting notices. In lieu of, or in
  443  addition to, the physical posting of meeting notices, the
  444  association may, by reasonable rule, adopt a procedure for
  445  conspicuously posting and repeatedly broadcasting the notice and
  446  the agenda on a closed-circuit cable television system serving
  447  the condominium association. However, if broadcast notice is
  448  used in lieu of a notice posted physically on the condominium
  449  property, the notice and agenda must be broadcast at least four
  450  times every broadcast hour of each day that a posted notice is
  451  otherwise required under this section. If broadcast notice is
  452  provided, the notice and agenda must be broadcast in a manner
  453  and for a sufficient continuous length of time so as to allow an
  454  average reader to observe the notice and read and comprehend the
  455  entire content of the notice and the agenda. Unless a unit owner
  456  waives in writing the right to receive notice of the annual
  457  meeting, such notice must be hand delivered, mailed, or
  458  electronically transmitted to each unit owner. Notice for
  459  meetings and notice for all other purposes must be mailed to
  460  each unit owner at the address last furnished to the association
  461  by the unit owner, or hand delivered to each unit owner.
  462  However, if a unit is owned by more than one person, the
  463  association must provide notice to the address that the
  464  developer identifies for that purpose and thereafter as one or
  465  more of the owners of the unit advise the association in
  466  writing, or if no address is given or the owners of the unit do
  467  not agree, to the address provided on the deed of record. An
  468  officer of the association, or the manager or other person
  469  providing notice of the association meeting, must provide an
  470  affidavit or United States Postal Service certificate of
  471  mailing, to be included in the official records of the
  472  association affirming that the notice was mailed or hand
  473  delivered in accordance with this provision.
  474         4. The members of the board of a residential condominium
  475  shall be elected by written ballot or voting machine. Proxies
  476  may not be used in electing the board in general elections or
  477  elections to fill vacancies caused by recall, resignation, or
  478  otherwise, unless otherwise provided in this chapter. This
  479  subparagraph does not apply to an association governing a
  480  timeshare condominium.
  481         a. At least 60 days before a scheduled election, the
  482  association shall mail, deliver, or electronically transmit, by
  483  separate association mailing or included in another association
  484  mailing, delivery, or transmission, including regularly
  485  published newsletters, to each unit owner entitled to a vote, a
  486  first notice of the date of the election. A unit owner or other
  487  eligible person desiring to be a candidate for the board must
  488  give written notice of his or her intent to be a candidate to
  489  the association at least 40 days before a scheduled election.
  490  Together with the written notice and agenda as set forth in
  491  subparagraph 3., the association shall mail, deliver, or
  492  electronically transmit a second notice of the election to all
  493  unit owners entitled to vote, together with a ballot that lists
  494  all candidates. Upon request of a candidate, an information
  495  sheet, no larger than 8 1/2 inches by 11 inches, which must be
  496  furnished by the candidate at least 35 days before the election,
  497  must be included with the mailing, delivery, or transmission of
  498  the ballot, with the costs of mailing, delivery, or electronic
  499  transmission and copying to be borne by the association. The
  500  association is not liable for the contents of the information
  501  sheets prepared by the candidates. In order to reduce costs, the
  502  association may print or duplicate the information sheets on
  503  both sides of the paper. The division shall by rule establish
  504  voting procedures consistent with this sub-subparagraph,
  505  including rules establishing procedures for giving notice by
  506  electronic transmission and rules providing for the secrecy of
  507  ballots. Elections shall be decided by a plurality of ballots
  508  cast. There is no quorum requirement; however, at least 20
  509  percent of the eligible voters must cast a ballot in order to
  510  have a valid election. A unit owner may not allow permit any
  511  other person to vote his or her ballot, and any ballots
  512  improperly cast are invalid. A unit owner who violates this
  513  provision may be fined by the association in accordance with s.
  514  718.303. A unit owner who needs assistance in casting the ballot
  515  for the reasons stated in s. 101.051 may obtain such assistance.
  516  The regular election must occur on the date of the annual
  517  meeting. Notwithstanding this sub-subparagraph, an election is
  518  not required unless more candidates file notices of intent to
  519  run or are nominated than board vacancies exist.
  520         b. Within 90 days after being elected or appointed to the
  521  board of an association of a residential condominium, each newly
  522  elected or appointed director shall certify in writing to the
  523  secretary of the association that he or she has read the
  524  association’s declaration of condominium, articles of
  525  incorporation, bylaws, and current written policies; that he or
  526  she will work to uphold such documents and policies to the best
  527  of his or her ability; and that he or she will faithfully
  528  discharge his or her fiduciary responsibility to the
  529  association’s members. In lieu of this written certification,
  530  within 90 days after being elected or appointed to the board,
  531  the newly elected or appointed director may submit a certificate
  532  of having satisfactorily completed the educational curriculum
  533  administered by a division-approved condominium education
  534  provider within 1 year before or 90 days after the date of
  535  election or appointment. The written certification or
  536  educational certificate is valid and does not have to be
  537  resubmitted as long as the director serves on the board without
  538  interruption. A director of an association of a residential
  539  condominium who fails to timely file the written certification
  540  or educational certificate is suspended from service on the
  541  board until he or she complies with this sub-subparagraph. The
  542  board may temporarily fill the vacancy during the period of
  543  suspension. The secretary shall cause the association to retain
  544  a director’s written certification or educational certificate
  545  for inspection by the members for 5 years after a director’s
  546  election or the duration of the director’s uninterrupted tenure,
  547  whichever is longer. Failure to have such written certification
  548  or educational certificate on file does not affect the validity
  549  of any board action.
  550         c. Any challenge to the election process must be commenced
  551  within 60 days after the election results are announced.
  552         5. Any approval by unit owners called for by this chapter
  553  or the applicable declaration or bylaws, including, but not
  554  limited to, the approval requirement in s. 718.111(8), must be
  555  made at a duly noticed meeting of unit owners and is subject to
  556  all requirements of this chapter or the applicable condominium
  557  documents relating to unit owner decisionmaking, except that
  558  unit owners may take action by written agreement, without
  559  meetings, on matters for which action by written agreement
  560  without meetings is expressly allowed by the applicable bylaws
  561  or declaration or any law that provides for such action.
  562         6. Unit owners may waive notice of specific meetings if
  563  allowed by the applicable bylaws or declaration or any law.
  564  Notice of meetings of the board of administration, unit owner
  565  meetings, except unit owner meetings called to recall board
  566  members under paragraph (j), and committee meetings may be given
  567  by electronic transmission to unit owners who consent to receive
  568  notice by electronic transmission.
  569         7. Unit owners have the right to participate in meetings of
  570  unit owners with reference to all designated agenda items.
  571  However, the association may adopt reasonable rules governing
  572  the frequency, duration, and manner of unit owner participation.
  573         8. A unit owner may tape record or videotape a meeting of
  574  the unit owners subject to reasonable rules adopted by the
  575  division.
  576         9. Unless otherwise provided in the bylaws, any vacancy
  577  occurring on the board before the expiration of a term may be
  578  filled by the affirmative vote of the majority of the remaining
  579  directors, even if the remaining directors constitute less than
  580  a quorum, or by the sole remaining director. In the alternative,
  581  a board may hold an election to fill the vacancy, in which case
  582  the election procedures must conform to sub-subparagraph 4.a.
  583  unless the association governs 10 units or fewer and has opted
  584  out of the statutory election process, in which case the bylaws
  585  of the association control. Unless otherwise provided in the
  586  bylaws, a board member appointed or elected under this section
  587  shall fill the vacancy for the unexpired term of the seat being
  588  filled. Filling vacancies created by recall is governed by
  589  paragraph (j) and rules adopted by the division.
  590         10. This chapter does not limit the use of general or
  591  limited proxies, require the use of general or limited proxies,
  592  or require the use of a written ballot or voting machine for any
  593  agenda item or election at any meeting of a timeshare
  594  condominium association or nonresidential condominium
  595  association.
  597  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
  598  association of 10 or fewer units may, by affirmative vote of a
  599  majority of the total voting interests, provide for different
  600  voting and election procedures in its bylaws, which may be by a
  601  proxy specifically delineating the different voting and election
  602  procedures. The different voting and election procedures may
  603  provide for elections to be conducted by limited or general
  604  proxy.
  605         Section 3. This act shall take effect July 1, 2018.