Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 841, 1st Eng.
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                 Floor: WD/2R          .                                
             03/08/2018 03:58 PM       .                                

       Senator Garcia moved the following:
    1         Senate Amendment (with title amendment)
    3         Delete lines 73 - 188
    4  and insert:
    5         Section 1. Subsection (3), paragraphs (a), (b), and (g) of
    6  subsection (12), and paragraph (e) of subsection (13) of section
    7  718.111, Florida Statutes, are amended to read:
    8         718.111 The association.—
   11         (a) The association may contract, sue, or be sued with
   12  respect to the exercise or nonexercise of its powers. For these
   13  purposes, the powers of the association include, but are not
   14  limited to, the maintenance, management, and operation of the
   15  condominium property. After control of the association is
   16  obtained by unit owners other than the developer, the
   17  association may institute, maintain, settle, or appeal actions
   18  or hearings in its name on behalf of all unit owners concerning
   19  matters of common interest to most or all unit owners,
   20  including, but not limited to, the common elements; the roof and
   21  structural components of a building or other improvements;
   22  mechanical, electrical, and plumbing elements serving an
   23  improvement or a building; representations of the developer
   24  pertaining to any existing or proposed commonly used facilities;
   25  and protesting ad valorem taxes on commonly used facilities and
   26  on units; and may defend actions in eminent domain or bring
   27  inverse condemnation actions. If the association has the
   28  authority to maintain a class action, the association may be
   29  joined in an action as representative of that class with
   30  reference to litigation and disputes involving the matters for
   31  which the association could bring a class action. Nothing herein
   32  limits any statutory or common-law right of any individual unit
   33  owner or class of unit owners to bring any action without
   34  participation by the association which may otherwise be
   35  available.
   37  ================= T I T L E  A M E N D M E N T ================
   38  And the title is amended as follows:
   39         Delete lines 3 - 11
   40  and insert:
   41         718.111, F.S.; deleting a provision prohibiting an
   42         association from hiring an attorney who represents the
   43         management company of the association; revising
   44         condominium association recordkeeping