Florida Senate - 2021                       CS for CS for SB 630
       
       
        
       By the Committees on Rules; and Regulated Industries; and
       Senators Baxley, Hutson, and Rodriguez
       
       
       
       
       595-03633-21                                           2021630c2
    1                        A bill to be entitled                      
    2         An act relating to community associations; amending s.
    3         627.714, F.S.; prohibiting insurance policies from
    4         providing specified rights of subrogation under
    5         certain circumstances; amending s. 718.103, F.S.;
    6         revising the definition of the terms
    7         “multicondominium,” “operation,” and “operation of the
    8         condominium”; amending s. 718.111, F.S.; requiring
    9         that certain records be maintained for a specified
   10         time; prohibiting an association from requiring
   11         certain actions relating to the inspection of records;
   12         revising requirements relating to the posting of
   13         digital copies of certain documents by certain
   14         condominium associations; amending s. 718.112, F.S.;
   15         authorizing a condominium association to extinguish
   16         discriminatory restrictions; revising the calculation
   17         used in determining a board member’s term limit;
   18         providing requirements for certain notices; revising
   19         the fees that an association may charge for transfers;
   20         deleting a prohibition against employing or
   21         contracting with certain service providers; amending
   22         s. 718.113, F.S.; revising legislative findings;
   23         defining the terms “natural gas fuel” and “natural gas
   24         fuel vehicle”; revising requirements for electric
   25         vehicle charging stations; providing requirements for
   26         natural gas fuel stations on property governed by
   27         condominium associations; amending s. 718.117, F.S.;
   28         conforming provisions to changes made by the act;
   29         amending s. 718.121, F.S.; providing that labor and
   30         materials associated with the installation of a
   31         natural gas fuel station may not serve as the basis
   32         for filing a lien against an association but may serve
   33         as the basis for filing a lien against a unit owner;
   34         requiring that notices of intent to record a claim of
   35         lien specify certain dates; amending s. 718.1255,
   36         F.S.; authorizing parties to initiate presuit
   37         mediation under certain circumstances; specifying the
   38         circumstances under which arbitration is binding on
   39         the parties; providing requirements for presuit
   40         mediation; making technical changes; amending s.
   41         718.1265, F.S.; revising the emergency powers of
   42         condominium associations; prohibiting condominium
   43         associations from taking certain actions during a
   44         declared state of emergency; amending s. 718.202,
   45         F.S.; revising the allowable uses of certain escrow
   46         funds withdrawn by developers; defining the term
   47         “actual costs”; amending s. 718.303, F.S.; revising
   48         requirements for certain actions for failure to comply
   49         with specified provisions relating to condominium
   50         associations; revising requirements for certain fines;
   51         amending s. 718.405, F.S.; providing clarifying
   52         language relating to certain multicondominium
   53         declarations; providing applicability; amending s.
   54         718.501, F.S.; conforming provisions to changes made
   55         by the act; amending s. 718.5014, F.S.; revising a
   56         requirement regarding the location of the principal
   57         office of the Office of the Condominium Ombudsman;
   58         amending s. 719.103, F.S.; revising the definition of
   59         the term “unit” to specify that an interest in a
   60         cooperative unit is an interest in real property;
   61         amending s. 719.104, F.S.; prohibiting an association
   62         from requiring certain actions relating to the
   63         inspection of records; amending s. 719.106, F.S.;
   64         revising provisions relating to a quorum and voting
   65         rights for members remotely participating in meetings;
   66         revising the procedure to challenge a board member
   67         recall; authorizing cooperative associations to
   68         extinguish discriminatory restrictions; amending s.
   69         719.128, F.S.; revising emergency powers for
   70         cooperative associations; prohibiting cooperative
   71         associations from taking certain actions during a
   72         declared state of emergency; amending s. 720.301,
   73         F.S.; revising the definition of the term “governing
   74         documents”; amending s. 720.303, F.S.; authorizing an
   75         association to adopt procedures for electronic meeting
   76         notices; revising the documents that constitute the
   77         official records of an association; revising the types
   78         of records that are not accessible to members or
   79         parcel owners; revising the circumstances under which
   80         a specified statement must be included in an
   81         association’s financial report; revising requirements
   82         for such statement; revising the circumstances under
   83         which an association is deemed to have provided for
   84         reserve accounts; authorizing certain developers to
   85         include reserves in the budget; specifying that the
   86         developers are not obligated to pay for certain
   87         expenses; providing applicability; revising the
   88         procedure to challenge a board member recall; amending
   89         s. 720.305, F.S.; providing requirements for certain
   90         fines levied by a board of administration; amending s.
   91         720.306, F.S.; revising requirements for providing
   92         certain notices; providing limitations on associations
   93         when a parcel owner attempts to rent or lease his or
   94         her parcel; defining the term “affiliated entity”;
   95         amending the procedure for election disputes; amending
   96         s. 720.307, F.S.; revising the circumstances under
   97         which members other than the developer are entitled to
   98         elect members to the board of directors of the
   99         homeowners’ association; amending s. 720.311, F.S.;
  100         revising the dispute resolution requirements for
  101         election disputes and recall disputes; amending s.
  102         720.3075, F.S.; authorizing homeowners’ associations
  103         to extinguish discriminatory restrictions; amending s.
  104         720.316, F.S.; revising emergency powers of
  105         homeowners’ associations; prohibiting homeowners’
  106         associations from taking certain actions during a
  107         declared state of emergency; providing an effective
  108         date.
  109          
  110  Be It Enacted by the Legislature of the State of Florida:
  111  
  112         Section 1. Subsection (4) of section 627.714, Florida
  113  Statutes, is amended to read:
  114         627.714 Residential condominium unit owner coverage; loss
  115  assessment coverage required.—
  116         (4) Every individual unit owner’s residential property
  117  policy must contain a provision stating that the coverage
  118  afforded by such policy is excess coverage over the amount
  119  recoverable under any other policy covering the same property.
  120  If a condominium association’s insurance policy does not provide
  121  rights for subrogation against the unit owners in the
  122  association, an insurance policy issued to an individual unit
  123  owner in the association may not provide rights of subrogation
  124  against the condominium association.
  125         Section 2. Subsections (20) and (21) of section 718.103,
  126  Florida Statutes, are amended to read:
  127         718.103 Definitions.—As used in this chapter, the term:
  128         (20) “Multicondominium” means real property a real estate
  129  development containing two or more condominiums, all of which
  130  are operated by the same association.
  131         (21) “Operation” or “operation of the condominium” includes
  132  the administration and management of the condominium property
  133  and the association.
  134         Section 3. Paragraphs (a), (b), (c), and (g) of subsection
  135  (12) of section 718.111, Florida Statutes, are amended to read:
  136         718.111 The association.—
  137         (12) OFFICIAL RECORDS.—
  138         (a) From the inception of the association, the association
  139  shall maintain each of the following items, if applicable, which
  140  constitutes the official records of the association:
  141         1. A copy of the plans, permits, warranties, and other
  142  items provided by the developer under pursuant to s. 718.301(4).
  143         2. A photocopy of the recorded declaration of condominium
  144  of each condominium operated by the association and each
  145  amendment to each declaration.
  146         3. A photocopy of the recorded bylaws of the association
  147  and each amendment to the bylaws.
  148         4. A certified copy of the articles of incorporation of the
  149  association, or other documents creating the association, and
  150  each amendment thereto.
  151         5. A copy of the current rules of the association.
  152         6. A book or books that contain the minutes of all meetings
  153  of the association, the board of administration, and the unit
  154  owners.
  155         7. A current roster of all unit owners and their mailing
  156  addresses, unit identifications, voting certifications, and, if
  157  known, telephone numbers. The association shall also maintain
  158  the e-mail addresses and facsimile numbers of unit owners
  159  consenting to receive notice by electronic transmission. The e
  160  mail addresses and facsimile numbers are not accessible to unit
  161  owners if consent to receive notice by electronic transmission
  162  is not provided in accordance with sub-subparagraph (c)3.e.
  163  However, the association is not liable for an inadvertent
  164  disclosure of the e-mail address or facsimile number for
  165  receiving electronic transmission of notices.
  166         8. All current insurance policies of the association and
  167  condominiums operated by the association.
  168         9. A current copy of any management agreement, lease, or
  169  other contract to which the association is a party or under
  170  which the association or the unit owners have an obligation or
  171  responsibility.
  172         10. Bills of sale or transfer for all property owned by the
  173  association.
  174         11. Accounting records for the association and separate
  175  accounting records for each condominium that the association
  176  operates. Any person who knowingly or intentionally defaces or
  177  destroys such records, or who knowingly or intentionally fails
  178  to create or maintain such records, with the intent of causing
  179  harm to the association or one or more of its members, is
  180  personally subject to a civil penalty pursuant to s.
  181  718.501(1)(d). The accounting records must include, but are not
  182  limited to:
  183         a. Accurate, itemized, and detailed records of all receipts
  184  and expenditures.
  185         b. A current account and a monthly, bimonthly, or quarterly
  186  statement of the account for each unit designating the name of
  187  the unit owner, the due date and amount of each assessment, the
  188  amount paid on the account, and the balance due.
  189         c. All audits, reviews, accounting statements, and
  190  financial reports of the association or condominium.
  191         d. All contracts for work to be performed. Bids for work to
  192  be performed are also considered official records and must be
  193  maintained by the association for at least 1 year after receipt
  194  of the bid.
  195         12. Ballots, sign-in sheets, voting proxies, and all other
  196  papers and electronic records relating to voting by unit owners,
  197  which must be maintained for 1 year from the date of the
  198  election, vote, or meeting to which the document relates,
  199  notwithstanding paragraph (b).
  200         13. All rental records if the association is acting as
  201  agent for the rental of condominium units.
  202         14. A copy of the current question and answer sheet as
  203  described in s. 718.504.
  204         15. All other written records of the association not
  205  specifically included in the foregoing which are related to the
  206  operation of the association.
  207         16. A copy of the inspection report as described in s.
  208  718.301(4)(p).
  209         16.17. Bids for materials, equipment, or services.
  210         17.All other written records of the association not
  211  specified in subparagraphs 1.-16. which are related to the
  212  operation of the association.
  213         (b) The official records specified in subparagraphs (a)1.
  214  6. must be permanently maintained from the inception of the
  215  association. Bids for work to be performed or for materials,
  216  equipment, or services must be maintained for at least 1 year
  217  after receipt of the bid. All other official records must be
  218  maintained within the state for at least 7 years, unless
  219  otherwise provided by general law. The records of the
  220  association shall be made available to a unit owner within 45
  221  miles of the condominium property or within the county in which
  222  the condominium property is located within 10 working days after
  223  receipt of a written request by the board or its designee.
  224  However, such distance requirement does not apply to an
  225  association governing a timeshare condominium. This paragraph
  226  may be complied with by having a copy of the official records of
  227  the association available for inspection or copying on the
  228  condominium property or association property, or the association
  229  may offer the option of making the records available to a unit
  230  owner electronically via the Internet or by allowing the records
  231  to be viewed in electronic format on a computer screen and
  232  printed upon request. The association is not responsible for the
  233  use or misuse of the information provided to an association
  234  member or his or her authorized representative in pursuant to
  235  the compliance with requirements of this chapter unless the
  236  association has an affirmative duty not to disclose such
  237  information under pursuant to this chapter.
  238         (c)1. The official records of the association are open to
  239  inspection by any association member or the authorized
  240  representative of such member at all reasonable times. The right
  241  to inspect the records includes the right to make or obtain
  242  copies, at the reasonable expense, if any, of the member or
  243  authorized representative of such member. A renter of a unit has
  244  a right to inspect and copy only the declaration of condominium
  245  and the association’s bylaws and rules. The association may
  246  adopt reasonable rules regarding the frequency, time, location,
  247  notice, and manner of record inspections and copying, but may
  248  not require a member to demonstrate any purpose or state any
  249  reason for the inspection. The failure of an association to
  250  provide the records within 10 working days after receipt of a
  251  written request creates a rebuttable presumption that the
  252  association willfully failed to comply with this paragraph. A
  253  unit owner who is denied access to official records is entitled
  254  to the actual damages or minimum damages for the association’s
  255  willful failure to comply. Minimum damages are $50 per calendar
  256  day for up to 10 days, beginning on the 11th working day after
  257  receipt of the written request. The failure to permit inspection
  258  entitles any person prevailing in an enforcement action to
  259  recover reasonable attorney fees from the person in control of
  260  the records who, directly or indirectly, knowingly denied access
  261  to the records.
  262         2. Any person who knowingly or intentionally defaces or
  263  destroys accounting records that are required by this chapter to
  264  be maintained during the period for which such records are
  265  required to be maintained, or who knowingly or intentionally
  266  fails to create or maintain accounting records that are required
  267  to be created or maintained, with the intent of causing harm to
  268  the association or one or more of its members, is personally
  269  subject to a civil penalty pursuant to s. 718.501(1)(d).
  270         3. The association shall maintain an adequate number of
  271  copies of the declaration, articles of incorporation, bylaws,
  272  and rules, and all amendments to each of the foregoing, as well
  273  as the question and answer sheet as described in s. 718.504 and
  274  year-end financial information required under this section, on
  275  the condominium property to ensure their availability to unit
  276  owners and prospective purchasers, and may charge its actual
  277  costs for preparing and furnishing these documents to those
  278  requesting the documents. An association shall allow a member or
  279  his or her authorized representative to use a portable device,
  280  including a smartphone, tablet, portable scanner, or any other
  281  technology capable of scanning or taking photographs, to make an
  282  electronic copy of the official records in lieu of the
  283  association’s providing the member or his or her authorized
  284  representative with a copy of such records. The association may
  285  not charge a member or his or her authorized representative for
  286  the use of a portable device. Notwithstanding this paragraph,
  287  the following records are not accessible to unit owners:
  288         a. Any record protected by the lawyer-client privilege as
  289  described in s. 90.502 and any record protected by the work
  290  product privilege, including a record prepared by an association
  291  attorney or prepared at the attorney’s express direction, which
  292  reflects a mental impression, conclusion, litigation strategy,
  293  or legal theory of the attorney or the association, and which
  294  was prepared exclusively for civil or criminal litigation or for
  295  adversarial administrative proceedings, or which was prepared in
  296  anticipation of such litigation or proceedings until the
  297  conclusion of the litigation or proceedings.
  298         b. Information obtained by an association in connection
  299  with the approval of the lease, sale, or other transfer of a
  300  unit.
  301         c. Personnel records of association or management company
  302  employees, including, but not limited to, disciplinary, payroll,
  303  health, and insurance records. For purposes of this sub
  304  subparagraph, the term “personnel records” does not include
  305  written employment agreements with an association employee or
  306  management company, or budgetary or financial records that
  307  indicate the compensation paid to an association employee.
  308         d. Medical records of unit owners.
  309         e. Social security numbers, driver license numbers, credit
  310  card numbers, e-mail addresses, telephone numbers, facsimile
  311  numbers, emergency contact information, addresses of a unit
  312  owner other than as provided to fulfill the association’s notice
  313  requirements, and other personal identifying information of any
  314  person, excluding the person’s name, unit designation, mailing
  315  address, property address, and any address, e-mail address, or
  316  facsimile number provided to the association to fulfill the
  317  association’s notice requirements. Notwithstanding the
  318  restrictions in this sub-subparagraph, an association may print
  319  and distribute to unit parcel owners a directory containing the
  320  name, unit parcel address, and all telephone numbers of each
  321  unit parcel owner. However, an owner may exclude his or her
  322  telephone numbers from the directory by so requesting in writing
  323  to the association. An owner may consent in writing to the
  324  disclosure of other contact information described in this sub
  325  subparagraph. The association is not liable for the inadvertent
  326  disclosure of information that is protected under this sub
  327  subparagraph if the information is included in an official
  328  record of the association and is voluntarily provided by an
  329  owner and not requested by the association.
  330         f. Electronic security measures that are used by the
  331  association to safeguard data, including passwords.
  332         g. The software and operating system used by the
  333  association which allow the manipulation of data, even if the
  334  owner owns a copy of the same software used by the association.
  335  The data is part of the official records of the association.
  336         (g)1. By January 1, 2019, an association managing a
  337  condominium with 150 or more units which does not contain
  338  timeshare units shall post digital copies of the documents
  339  specified in subparagraph 2. on its website or make such
  340  documents available through an application that can be
  341  downloaded on a mobile device.
  342         a. The association’s website or application must be:
  343         (I) An independent website, application, or web portal
  344  wholly owned and operated by the association; or
  345         (II) A website, application, or web portal operated by a
  346  third-party provider with whom the association owns, leases,
  347  rents, or otherwise obtains the right to operate a web page,
  348  subpage, web portal, or collection of subpages or web portals,
  349  or an application which is dedicated to the association’s
  350  activities and on which required notices, records, and documents
  351  may be posted or made available by the association.
  352         b. The association’s website or application must be
  353  accessible through the Internet and must contain a subpage, web
  354  portal, or other protected electronic location that is
  355  inaccessible to the general public and accessible only to unit
  356  owners and employees of the association.
  357         c. Upon a unit owner’s written request, the association
  358  must provide the unit owner with a username and password and
  359  access to the protected sections of the association’s website or
  360  application which that contain any notices, records, or
  361  documents that must be electronically provided.
  362         2. A current copy of the following documents must be posted
  363  in digital format on the association’s website or application:
  364         a. The recorded declaration of condominium of each
  365  condominium operated by the association and each amendment to
  366  each declaration.
  367         b. The recorded bylaws of the association and each
  368  amendment to the bylaws.
  369         c. The articles of incorporation of the association, or
  370  other documents creating the association, and each amendment to
  371  the articles of incorporation or other documents thereto. The
  372  copy posted pursuant to this sub-subparagraph must be a copy of
  373  the articles of incorporation filed with the Department of
  374  State.
  375         d. The rules of the association.
  376         e. A list of all executory contracts or documents to which
  377  the association is a party or under which the association or the
  378  unit owners have an obligation or responsibility and, after
  379  bidding for the related materials, equipment, or services has
  380  closed, a list of bids received by the association within the
  381  past year. Summaries of bids for materials, equipment, or
  382  services which exceed $500 must be maintained on the website or
  383  application for 1 year. In lieu of summaries, complete copies of
  384  the bids may be posted.
  385         f. The annual budget required by s. 718.112(2)(f) and any
  386  proposed budget to be considered at the annual meeting.
  387         g. The financial report required by subsection (13) and any
  388  monthly income or expense statement to be considered at a
  389  meeting.
  390         h. The certification of each director required by s.
  391  718.112(2)(d)4.b.
  392         i. All contracts or transactions between the association
  393  and any director, officer, corporation, firm, or association
  394  that is not an affiliated condominium association or any other
  395  entity in which an association director is also a director or
  396  officer and financially interested.
  397         j. Any contract or document regarding a conflict of
  398  interest or possible conflict of interest as provided in ss.
  399  468.436(2)(b)6. and 718.3027(3).
  400         k. The notice of any unit owner meeting and the agenda for
  401  the meeting, as required by s. 718.112(2)(d)3., no later than 14
  402  days before the meeting. The notice must be posted in plain view
  403  on the front page of the website or application, or on a
  404  separate subpage of the website or application labeled “Notices”
  405  which is conspicuously visible and linked from the front page.
  406  The association must also post on its website or application any
  407  document to be considered and voted on by the owners during the
  408  meeting or any document listed on the agenda at least 7 days
  409  before the meeting at which the document or the information
  410  within the document will be considered.
  411         l. Notice of any board meeting, the agenda, and any other
  412  document required for the meeting as required by s.
  413  718.112(2)(c), which must be posted no later than the date
  414  required for notice under pursuant to s. 718.112(2)(c).
  415         3. The association shall ensure that the information and
  416  records described in paragraph (c), which are not allowed to be
  417  accessible to unit owners, are not posted on the association’s
  418  website or application. If protected information or information
  419  restricted from being accessible to unit owners is included in
  420  documents that are required to be posted on the association’s
  421  website or application, the association shall ensure the
  422  information is redacted before posting the documents online.
  423  Notwithstanding the foregoing, the association or its agent is
  424  not liable for disclosing information that is protected or
  425  restricted under pursuant to this paragraph unless such
  426  disclosure was made with a knowing or intentional disregard of
  427  the protected or restricted nature of such information.
  428         4. The failure of the association to post information
  429  required under subparagraph 2. is not in and of itself
  430  sufficient to invalidate any action or decision of the
  431  association’s board or its committees.
  432         Section 4. Paragraphs (d), (i), (j), (k), and (p) of
  433  subsection (2) of section 718.112, Florida Statutes, are
  434  amended, and paragraph (c) is added to subsection (1) of that
  435  section, to read:
  436         718.112 Bylaws.—
  437         (1) GENERALLY.—
  438         (c)The association may extinguish a discriminatory
  439  restriction as provided under s. 712.065.
  440         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  441  following and, if they do not do so, shall be deemed to include
  442  the following:
  443         (d) Unit owner meetings.—
  444         1. An annual meeting of the unit owners must be held at the
  445  location provided in the association bylaws and, if the bylaws
  446  are silent as to the location, the meeting must be held within
  447  45 miles of the condominium property. However, such distance
  448  requirement does not apply to an association governing a
  449  timeshare condominium.
  450         2. Unless the bylaws provide otherwise, a vacancy on the
  451  board caused by the expiration of a director’s term must be
  452  filled by electing a new board member, and the election must be
  453  by secret ballot. An election is not required if the number of
  454  vacancies equals or exceeds the number of candidates. For
  455  purposes of this paragraph, the term “candidate” means an
  456  eligible person who has timely submitted the written notice, as
  457  described in sub-subparagraph 4.a., of his or her intention to
  458  become a candidate. Except in a timeshare or nonresidential
  459  condominium, or if the staggered term of a board member does not
  460  expire until a later annual meeting, or if all members’ terms
  461  would otherwise expire but there are no candidates, the terms of
  462  all board members expire at the annual meeting, and such members
  463  may stand for reelection unless prohibited by the bylaws. Board
  464  members may serve terms longer than 1 year if permitted by the
  465  bylaws or articles of incorporation. A board member may not
  466  serve more than 8 consecutive years unless approved by an
  467  affirmative vote of unit owners representing two-thirds of all
  468  votes cast in the election or unless there are not enough
  469  eligible candidates to fill the vacancies on the board at the
  470  time of the vacancy. Only board service that occurs on or after
  471  July 1, 2018, may be used when calculating a board member’s term
  472  limit. If the number of board members whose terms expire at the
  473  annual meeting equals or exceeds the number of candidates, the
  474  candidates become members of the board effective upon the
  475  adjournment of the annual meeting. Unless the bylaws provide
  476  otherwise, any remaining vacancies shall be filled by the
  477  affirmative vote of the majority of the directors making up the
  478  newly constituted board even if the directors constitute less
  479  than a quorum or there is only one director. In a residential
  480  condominium association of more than 10 units or in a
  481  residential condominium association that does not include
  482  timeshare units or timeshare interests, co-owners of a unit may
  483  not serve as members of the board of directors at the same time
  484  unless they own more than one unit or unless there are not
  485  enough eligible candidates to fill the vacancies on the board at
  486  the time of the vacancy. A unit owner in a residential
  487  condominium desiring to be a candidate for board membership must
  488  comply with sub-subparagraph 4.a. and must be eligible to be a
  489  candidate to serve on the board of directors at the time of the
  490  deadline for submitting a notice of intent to run in order to
  491  have his or her name listed as a proper candidate on the ballot
  492  or to serve on the board. A person who has been suspended or
  493  removed by the division under this chapter, or who is delinquent
  494  in the payment of any monetary obligation due to the
  495  association, is not eligible to be a candidate for board
  496  membership and may not be listed on the ballot. A person who has
  497  been convicted of any felony in this state or in a United States
  498  District or Territorial Court, or who has been convicted of any
  499  offense in another jurisdiction which would be considered a
  500  felony if committed in this state, is not eligible for board
  501  membership unless such felon’s civil rights have been restored
  502  for at least 5 years as of the date such person seeks election
  503  to the board. The validity of an action by the board is not
  504  affected if it is later determined that a board member is
  505  ineligible for board membership due to having been convicted of
  506  a felony. This subparagraph does not limit the term of a member
  507  of the board of a nonresidential or timeshare condominium.
  508         3. The bylaws must provide the method of calling meetings
  509  of unit owners, including annual meetings. Written notice of an
  510  annual meeting must include an agenda;, must be mailed, hand
  511  delivered, or electronically transmitted to each unit owner at
  512  least 14 days before the annual meeting;, and must be posted in
  513  a conspicuous place on the condominium property or association
  514  property at least 14 continuous days before the annual meeting.
  515  Written notice of a meeting other than an annual meeting must
  516  include an agenda; be mailed, hand delivered, or electronically
  517  transmitted to each unit owner; and be posted in a conspicuous
  518  place on the condominium property or association property within
  519  the timeframe specified in the bylaws. If the bylaws do not
  520  specify a timeframe for written notice of a meeting other than
  521  an annual meeting, notice must be provided at least 14
  522  continuous days before the meeting. Upon notice to the unit
  523  owners, the board shall, by duly adopted rule, designate a
  524  specific location on the condominium property or association
  525  property where all notices of unit owner meetings must be
  526  posted. This requirement does not apply if there is no
  527  condominium property for posting notices. In lieu of, or in
  528  addition to, the physical posting of meeting notices, the
  529  association may, by reasonable rule, adopt a procedure for
  530  conspicuously posting and repeatedly broadcasting the notice and
  531  the agenda on a closed-circuit cable television system serving
  532  the condominium association. However, if broadcast notice is
  533  used in lieu of a notice posted physically on the condominium
  534  property, the notice and agenda must be broadcast at least four
  535  times every broadcast hour of each day that a posted notice is
  536  otherwise required under this section. If broadcast notice is
  537  provided, the notice and agenda must be broadcast in a manner
  538  and for a sufficient continuous length of time so as to allow an
  539  average reader to observe the notice and read and comprehend the
  540  entire content of the notice and the agenda. In addition to any
  541  of the authorized means of providing notice of a meeting of the
  542  board, the association may, by rule, adopt a procedure for
  543  conspicuously posting the meeting notice and the agenda on a
  544  website serving the condominium association for at least the
  545  minimum period of time for which a notice of a meeting is also
  546  required to be physically posted on the condominium property.
  547  Any rule adopted shall, in addition to other matters, include a
  548  requirement that the association send an electronic notice in
  549  the same manner as a notice for a meeting of the members, which
  550  must include a hyperlink to the website where the notice is
  551  posted, to unit owners whose e-mail addresses are included in
  552  the association’s official records. Unless a unit owner waives
  553  in writing the right to receive notice of the annual meeting,
  554  such notice must be hand delivered, mailed, or electronically
  555  transmitted to each unit owner. Notice for meetings and notice
  556  for all other purposes must be mailed to each unit owner at the
  557  address last furnished to the association by the unit owner, or
  558  hand delivered to each unit owner. However, if a unit is owned
  559  by more than one person, the association must provide notice to
  560  the address that the developer identifies for that purpose and
  561  thereafter as one or more of the owners of the unit advise the
  562  association in writing, or if no address is given or the owners
  563  of the unit do not agree, to the address provided on the deed of
  564  record. An officer of the association, or the manager or other
  565  person providing notice of the association meeting, must provide
  566  an affidavit or United States Postal Service certificate of
  567  mailing, to be included in the official records of the
  568  association affirming that the notice was mailed or hand
  569  delivered in accordance with this provision.
  570         4. The members of the board of a residential condominium
  571  shall be elected by written ballot or voting machine. Proxies
  572  may not be used in electing the board in general elections or
  573  elections to fill vacancies caused by recall, resignation, or
  574  otherwise, unless otherwise provided in this chapter. This
  575  subparagraph does not apply to an association governing a
  576  timeshare condominium.
  577         a. At least 60 days before a scheduled election, the
  578  association shall mail, deliver, or electronically transmit, by
  579  separate association mailing or included in another association
  580  mailing, delivery, or transmission, including regularly
  581  published newsletters, to each unit owner entitled to a vote, a
  582  first notice of the date of the election. A unit owner or other
  583  eligible person desiring to be a candidate for the board must
  584  give written notice of his or her intent to be a candidate to
  585  the association at least 40 days before a scheduled election.
  586  Together with the written notice and agenda as set forth in
  587  subparagraph 3., the association shall mail, deliver, or
  588  electronically transmit a second notice of the election to all
  589  unit owners entitled to vote, together with a ballot that lists
  590  all candidates not less than 14 days or more than 34 days before
  591  the date of the election. Upon request of a candidate, an
  592  information sheet, no larger than 8 1/2 inches by 11 inches,
  593  which must be furnished by the candidate at least 35 days before
  594  the election, must be included with the mailing, delivery, or
  595  transmission of the ballot, with the costs of mailing, delivery,
  596  or electronic transmission and copying to be borne by the
  597  association. The association is not liable for the contents of
  598  the information sheets prepared by the candidates. In order to
  599  reduce costs, the association may print or duplicate the
  600  information sheets on both sides of the paper. The division
  601  shall by rule establish voting procedures consistent with this
  602  sub-subparagraph, including rules establishing procedures for
  603  giving notice by electronic transmission and rules providing for
  604  the secrecy of ballots. Elections shall be decided by a
  605  plurality of ballots cast. There is no quorum requirement;
  606  however, at least 20 percent of the eligible voters must cast a
  607  ballot in order to have a valid election. A unit owner may not
  608  authorize any other person to vote his or her ballot, and any
  609  ballots improperly cast are invalid. A unit owner who violates
  610  this provision may be fined by the association in accordance
  611  with s. 718.303. A unit owner who needs assistance in casting
  612  the ballot for the reasons stated in s. 101.051 may obtain such
  613  assistance. The regular election must occur on the date of the
  614  annual meeting. Notwithstanding this sub-subparagraph, an
  615  election is not required unless more candidates file notices of
  616  intent to run or are nominated than board vacancies exist.
  617         b. Within 90 days after being elected or appointed to the
  618  board of an association of a residential condominium, each newly
  619  elected or appointed director shall certify in writing to the
  620  secretary of the association that he or she has read the
  621  association’s declaration of condominium, articles of
  622  incorporation, bylaws, and current written policies; that he or
  623  she will work to uphold such documents and policies to the best
  624  of his or her ability; and that he or she will faithfully
  625  discharge his or her fiduciary responsibility to the
  626  association’s members. In lieu of this written certification,
  627  within 90 days after being elected or appointed to the board,
  628  the newly elected or appointed director may submit a certificate
  629  of having satisfactorily completed the educational curriculum
  630  administered by a division-approved condominium education
  631  provider within 1 year before or 90 days after the date of
  632  election or appointment. The written certification or
  633  educational certificate is valid and does not have to be
  634  resubmitted as long as the director serves on the board without
  635  interruption. A director of an association of a residential
  636  condominium who fails to timely file the written certification
  637  or educational certificate is suspended from service on the
  638  board until he or she complies with this sub-subparagraph. The
  639  board may temporarily fill the vacancy during the period of
  640  suspension. The secretary shall cause the association to retain
  641  a director’s written certification or educational certificate
  642  for inspection by the members for 5 years after a director’s
  643  election or the duration of the director’s uninterrupted tenure,
  644  whichever is longer. Failure to have such written certification
  645  or educational certificate on file does not affect the validity
  646  of any board action.
  647         c. Any challenge to the election process must be commenced
  648  within 60 days after the election results are announced.
  649         5. Any approval by unit owners called for by this chapter
  650  or the applicable declaration or bylaws, including, but not
  651  limited to, the approval requirement in s. 718.111(8), must be
  652  made at a duly noticed meeting of unit owners and is subject to
  653  all requirements of this chapter or the applicable condominium
  654  documents relating to unit owner decisionmaking, except that
  655  unit owners may take action by written agreement, without
  656  meetings, on matters for which action by written agreement
  657  without meetings is expressly allowed by the applicable bylaws
  658  or declaration or any law that provides for such action.
  659         6. Unit owners may waive notice of specific meetings if
  660  allowed by the applicable bylaws or declaration or any law.
  661  Notice of meetings of the board of administration, unit owner
  662  meetings, except unit owner meetings called to recall board
  663  members under paragraph (j), and committee meetings may be given
  664  by electronic transmission to unit owners who consent to receive
  665  notice by electronic transmission. A unit owner who consents to
  666  receiving notices by electronic transmission is solely
  667  responsible for removing or bypassing filters that block receipt
  668  of mass e-mails emails sent to members on behalf of the
  669  association in the course of giving electronic notices.
  670         7. Unit owners have the right to participate in meetings of
  671  unit owners with reference to all designated agenda items.
  672  However, the association may adopt reasonable rules governing
  673  the frequency, duration, and manner of unit owner participation.
  674         8. A unit owner may tape record or videotape a meeting of
  675  the unit owners subject to reasonable rules adopted by the
  676  division.
  677         9. Unless otherwise provided in the bylaws, any vacancy
  678  occurring on the board before the expiration of a term may be
  679  filled by the affirmative vote of the majority of the remaining
  680  directors, even if the remaining directors constitute less than
  681  a quorum, or by the sole remaining director. In the alternative,
  682  a board may hold an election to fill the vacancy, in which case
  683  the election procedures must conform to sub-subparagraph 4.a.
  684  unless the association governs 10 units or fewer and has opted
  685  out of the statutory election process, in which case the bylaws
  686  of the association control. Unless otherwise provided in the
  687  bylaws, a board member appointed or elected under this section
  688  shall fill the vacancy for the unexpired term of the seat being
  689  filled. Filling vacancies created by recall is governed by
  690  paragraph (j) and rules adopted by the division.
  691         10. This chapter does not limit the use of general or
  692  limited proxies, require the use of general or limited proxies,
  693  or require the use of a written ballot or voting machine for any
  694  agenda item or election at any meeting of a timeshare
  695  condominium association or nonresidential condominium
  696  association.
  697  
  698  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
  699  association of 10 or fewer units may, by affirmative vote of a
  700  majority of the total voting interests, provide for different
  701  voting and election procedures in its bylaws, which may be by a
  702  proxy specifically delineating the different voting and election
  703  procedures. The different voting and election procedures may
  704  provide for elections to be conducted by limited or general
  705  proxy.
  706         (i) Transfer fees.An association may not no charge a fee
  707  shall be made by the association or any body thereof in
  708  connection with the sale, mortgage, lease, sublease, or other
  709  transfer of a unit unless the association is required to approve
  710  such transfer and a fee for such approval is provided for in the
  711  declaration, articles, or bylaws. Any such fee may be preset,
  712  but may not in no event may such fee exceed $150 $100 per
  713  applicant. For the purpose of calculating the fee, spouses or a
  714  parent or parents and any dependent children other than
  715  husband/wife or parent/dependent child, which are considered one
  716  applicant. However, if the lease or sublease is a renewal of a
  717  lease or sublease with the same lessee or sublessee, a charge
  718  may not no charge shall be made. Such fees must be adjusted
  719  every 5 years in an amount equal to the total of the annual
  720  increases occurring in the Consumer Price Index for All Urban
  721  Consumers, U.S. City Average, All Items during that 5-year
  722  period. The Department of Business and Professional Regulation
  723  shall periodically calculate the fees, rounded to the nearest
  724  dollar, and publish the amounts, as adjusted, on its website.
  725  The foregoing notwithstanding, an association may, if the
  726  authority to do so appears in the declaration, articles, or
  727  bylaws, an association may require that a prospective lessee
  728  place a security deposit, in an amount not to exceed the
  729  equivalent of 1 month’s rent, into an escrow account maintained
  730  by the association. The security deposit shall protect against
  731  damages to the common elements or association property. Payment
  732  of interest, claims against the deposit, refunds, and disputes
  733  under this paragraph shall be handled in the same fashion as
  734  provided in part II of chapter 83.
  735         (j) Recall of board members.—Subject to s. 718.301, any
  736  member of the board of administration may be recalled and
  737  removed from office with or without cause by the vote or
  738  agreement in writing by a majority of all the voting interests.
  739  A special meeting of the unit owners to recall a member or
  740  members of the board of administration may be called by 10
  741  percent of the voting interests giving notice of the meeting as
  742  required for a meeting of unit owners, and the notice shall
  743  state the purpose of the meeting. Electronic transmission may
  744  not be used as a method of giving notice of a meeting called in
  745  whole or in part for this purpose.
  746         1. If the recall is approved by a majority of all voting
  747  interests by a vote at a meeting, the recall will be effective
  748  as provided in this paragraph. The board shall duly notice and
  749  hold a board meeting within 5 full business days after the
  750  adjournment of the unit owner meeting to recall one or more
  751  board members. Such member or members shall be recalled
  752  effective immediately upon conclusion of the board meeting,
  753  provided that the recall is facially valid. A recalled member
  754  must turn over to the board, within 10 full business days after
  755  the vote, any and all records and property of the association in
  756  their possession.
  757         2. If the proposed recall is by an agreement in writing by
  758  a majority of all voting interests, the agreement in writing or
  759  a copy thereof shall be served on the association by certified
  760  mail or by personal service in the manner authorized by chapter
  761  48 and the Florida Rules of Civil Procedure. The board of
  762  administration shall duly notice and hold a meeting of the board
  763  within 5 full business days after receipt of the agreement in
  764  writing. Such member or members shall be recalled effective
  765  immediately upon the conclusion of the board meeting, provided
  766  that the recall is facially valid. A recalled member must turn
  767  over to the board, within 10 full business days, any and all
  768  records and property of the association in their possession.
  769         3. If the board fails to duly notice and hold a board
  770  meeting within 5 full business days after service of an
  771  agreement in writing or within 5 full business days after the
  772  adjournment of the unit owner recall meeting, the recall is
  773  shall be deemed effective and the board members so recalled
  774  shall turn over to the board within 10 full business days after
  775  the vote any and all records and property of the association.
  776         4. If the board fails to duly notice and hold the required
  777  meeting or at the conclusion of the meeting determines that the
  778  recall is not facially valid, the unit owner representative may
  779  file a petition or court action under pursuant to s. 718.1255
  780  challenging the board’s failure to act or challenging the
  781  board’s determination on facial validity. The petition or action
  782  must be filed within 60 days after the expiration of the
  783  applicable 5-full-business-day period. The review of a petition
  784  or action under this subparagraph is limited to the sufficiency
  785  of service on the board and the facial validity of the written
  786  agreement or ballots filed.
  787         5. If a vacancy occurs on the board as a result of a recall
  788  or removal and less than a majority of the board members are
  789  removed, the vacancy may be filled by the affirmative vote of a
  790  majority of the remaining directors, notwithstanding any
  791  provision to the contrary contained in this subsection. If
  792  vacancies occur on the board as a result of a recall and a
  793  majority or more of the board members are removed, the vacancies
  794  shall be filled in accordance with procedural rules to be
  795  adopted by the division, which rules need not be consistent with
  796  this subsection. The rules must provide procedures governing the
  797  conduct of the recall election as well as the operation of the
  798  association during the period after a recall but before the
  799  recall election.
  800         6. A board member who has been recalled may file a petition
  801  or court action under pursuant to s. 718.1255 challenging the
  802  validity of the recall. The petition or action must be filed
  803  within 60 days after the recall. The association and the unit
  804  owner representative shall be named as the respondents. The
  805  petition or action may challenge the facial validity of the
  806  written agreement or ballots filed or the substantial compliance
  807  with the procedural requirements for the recall. If the
  808  arbitrator or court determines the recall was invalid, the
  809  petitioning board member shall immediately be reinstated and the
  810  recall is null and void. A board member who is successful in
  811  challenging a recall is entitled to recover reasonable attorney
  812  fees and costs from the respondents. The arbitrator or court may
  813  award reasonable attorney fees and costs to the respondents if
  814  they prevail, if the arbitrator or court makes a finding that
  815  the petitioner’s claim is frivolous.
  816         7. The division or a court of competent jurisdiction may
  817  not accept for filing a recall petition or court action, whether
  818  filed under pursuant to subparagraph 1., subparagraph 2.,
  819  subparagraph 4., or subparagraph 6., when there are 60 or fewer
  820  days until the scheduled reelection of the board member sought
  821  to be recalled or when 60 or fewer days have elapsed since the
  822  election of the board member sought to be recalled.
  823         (k) Alternative dispute resolution Arbitration.—There must
  824  shall be a provision for alternative dispute resolution
  825  mandatory nonbinding arbitration as provided for in s. 718.1255
  826  for any residential condominium.
  827         (p)Service providers; conflicts of interest.—An
  828  association, which is not a timeshare condominium association,
  829  may not employ or contract with any service provider that is
  830  owned or operated by a board member or with any person who has a
  831  financial relationship with a board member or officer, or a
  832  relative within the third degree of consanguinity by blood or
  833  marriage of a board member or officer. This paragraph does not
  834  apply to a service provider in which a board member or officer,
  835  or a relative within the third degree of consanguinity by blood
  836  or marriage of a board member or officer, owns less than 1
  837  percent of the equity shares.
  838         Section 5. Subsection (8) of section 718.113, Florida
  839  Statutes, is amended to read:
  840         718.113 Maintenance; limitation upon improvement; display
  841  of flag; hurricane shutters and protection; display of religious
  842  decorations.—
  843         (8) The Legislature finds that the use of electric and
  844  natural gas fuel vehicles conserves and protects the state’s
  845  environmental resources, provides significant economic savings
  846  to drivers, and serves an important public interest. The
  847  participation of condominium associations is essential to the
  848  state’s efforts to conserve and protect the state’s
  849  environmental resources and provide economic savings to drivers.
  850  For purposes of this subsection, the term “natural gas fuel” has
  851  the same meaning as in s. 206.9951, and the term “natural gas
  852  fuel vehicle” means any motor vehicle, as defined in s. 320.01,
  853  that is powered by natural gas fuel. Therefore, the installation
  854  of an electric vehicle charging station or a natural gas fuel
  855  station shall be governed as follows:
  856         (a) A declaration of condominium or restrictive covenant
  857  may not prohibit or be enforced so as to prohibit any unit owner
  858  from installing an electric vehicle charging station or a
  859  natural gas fuel station within the boundaries of the unit
  860  owner’s limited common element or exclusively designated parking
  861  area. The board of administration of a condominium association
  862  may not prohibit a unit owner from installing an electric
  863  vehicle charging station for an electric vehicle, as defined in
  864  s. 320.01, or a natural gas fuel station for a natural gas fuel
  865  vehicle within the boundaries of his or her limited common
  866  element or exclusively designated parking area. The installation
  867  of such charging or fuel stations are subject to the provisions
  868  of this subsection.
  869         (b) The installation may not cause irreparable damage to
  870  the condominium property.
  871         (c) The electricity for the electric vehicle charging
  872  station or natural gas fuel station must be separately metered
  873  or metered by an embedded meter and payable by the unit owner
  874  installing such charging or fuel station or by his or her
  875  successor.
  876         (d)The cost for supply and storage of the natural gas fuel
  877  must be paid by the unit owner installing the natural gas fuel
  878  station or by his or her successor.
  879         (e)(d) The unit owner who is installing an electric vehicle
  880  charging station or a natural gas fuel station is responsible
  881  for the costs of installation, operation, maintenance, and
  882  repair, including, but not limited to, hazard and liability
  883  insurance. The association may enforce payment of such costs
  884  under pursuant to s. 718.116.
  885         (f)(e) If the unit owner or his or her successor decides
  886  there is no longer a need for the electric electronic vehicle
  887  charging station or natural gas fuel station, such person is
  888  responsible for the cost of removal of such the electronic
  889  vehicle charging or fuel station. The association may enforce
  890  payment of such costs under pursuant to s. 718.116.
  891         (g)The unit owner installing, maintaining, or removing the
  892  electric vehicle charging station or natural gas fuel station is
  893  responsible for complying with all federal, state, or local laws
  894  and regulations applicable to such installation, maintenance, or
  895  removal.
  896         (h)(f) The association may require the unit owner to:
  897         1. Comply with bona fide safety requirements, consistent
  898  with applicable building codes or recognized safety standards,
  899  for the protection of persons and property.
  900         2. Comply with reasonable architectural standards adopted
  901  by the association that govern the dimensions, placement, or
  902  external appearance of the electric vehicle charging station or
  903  natural gas fuel station, provided that such standards may not
  904  prohibit the installation of such charging or fuel station or
  905  substantially increase the cost thereof.
  906         3. Engage the services of a licensed and registered firm
  907  electrical contractor or engineer familiar with the installation
  908  or removal and core requirements of an electric vehicle charging
  909  station or a natural gas fuel station.
  910         4. Provide a certificate of insurance naming the
  911  association as an additional insured on the owner’s insurance
  912  policy for any claim related to the installation, maintenance,
  913  or use of the electric vehicle charging station or natural gas
  914  fuel station within 14 days after receiving the association’s
  915  approval to install such charging or fuel station or notice to
  916  provide such a certificate.
  917         5. Reimburse the association for the actual cost of any
  918  increased insurance premium amount attributable to the electric
  919  vehicle charging station or natural gas fuel station within 14
  920  days after receiving the association’s insurance premium
  921  invoice.
  922         (i)(g) The association provides an implied easement across
  923  the common elements of the condominium property to the unit
  924  owner for purposes of the installation of the electric vehicle
  925  charging station or natural gas fuel station installation, and
  926  the furnishing of electrical power or natural gas fuel supply,
  927  including any necessary equipment, to such charging or fuel
  928  station, subject to the requirements of this subsection.
  929         Section 6. Subsection (16) of section 718.117, Florida
  930  Statutes, is amended to read:
  931         718.117 Termination of condominium.—
  932         (16) RIGHT TO CONTEST.—A unit owner or lienor may contest a
  933  plan of termination by initiating a petition in accordance with
  934  for mandatory nonbinding arbitration pursuant to s. 718.1255
  935  within 90 days after the date the plan is recorded. A unit owner
  936  or lienor may only contest the fairness and reasonableness of
  937  the apportionment of the proceeds from the sale among the unit
  938  owners, that the liens of the first mortgages of unit owners
  939  other than the bulk owner have not or will not be satisfied to
  940  the extent required by subsection (3), or that the required vote
  941  to approve the plan was not obtained. A unit owner or lienor who
  942  does not contest the plan within the 90-day period is barred
  943  from asserting or prosecuting a claim against the association,
  944  the termination trustee, any unit owner, or any successor in
  945  interest to the condominium property. In an action contesting a
  946  plan of termination, the person contesting the plan has the
  947  burden of pleading and proving that the apportionment of the
  948  proceeds from the sale among the unit owners was not fair and
  949  reasonable or that the required vote was not obtained. The
  950  apportionment of sale proceeds is presumed fair and reasonable
  951  if it was determined pursuant to the methods prescribed in
  952  subsection (12). If the petition is filed with the division for
  953  arbitration, the arbitrator shall determine the rights and
  954  interests of the parties in the apportionment of the sale
  955  proceeds. If the arbitrator determines that the apportionment of
  956  sales proceeds is not fair and reasonable, the arbitrator may
  957  void the plan or may modify the plan to apportion the proceeds
  958  in a fair and reasonable manner pursuant to this section based
  959  upon the proceedings and order the modified plan of termination
  960  to be implemented. If the arbitrator determines that the plan
  961  was not properly approved, or that the procedures to adopt the
  962  plan were not properly followed, the arbitrator may void the
  963  plan or grant other relief it deems just and proper. The
  964  arbitrator shall automatically void the plan upon a finding that
  965  any of the disclosures required in subparagraph (3)(c)5. are
  966  omitted, misleading, incomplete, or inaccurate. Any challenge to
  967  a plan, other than a challenge that the required vote was not
  968  obtained, does not affect title to the condominium property or
  969  the vesting of the condominium property in the trustee, but
  970  shall only be a claim against the proceeds of the plan. In any
  971  such action, the prevailing party shall recover reasonable
  972  attorney fees and costs.
  973         Section 7. Subsections (2) and (4) of section 718.121,
  974  Florida Statutes, are amended to read:
  975         718.121 Liens.—
  976         (2) Labor performed on or materials furnished to a unit may
  977  shall not be the basis for the filing of a lien under pursuant
  978  to part I of chapter 713, the Construction Lien Law, against the
  979  unit or condominium parcel of any unit owner not expressly
  980  consenting to or requesting the labor or materials. Labor
  981  performed on or materials furnished for the installation of a
  982  natural gas fuel station or an electric electronic vehicle
  983  charging station under pursuant to s. 718.113(8) may not be the
  984  basis for filing a lien under part I of chapter 713 against the
  985  association, but such a lien may be filed against the unit
  986  owner. Labor performed on or materials furnished to the common
  987  elements are not the basis for a lien on the common elements,
  988  but if authorized by the association, the labor or materials are
  989  deemed to be performed or furnished with the express consent of
  990  each unit owner and may be the basis for the filing of a lien
  991  against all condominium parcels in the proportions for which the
  992  owners are liable for common expenses.
  993         (4) Except as otherwise provided in this chapter, no lien
  994  may be filed by the association against a condominium unit until
  995  30 days after the date on which a notice of intent to file a
  996  lien has been delivered to the owner by registered or certified
  997  mail, return receipt requested, and by first-class United States
  998  mail to the owner at his or her last address as reflected in the
  999  records of the association, if the address is within the United
 1000  States, and delivered to the owner at the address of the unit if
 1001  the owner’s address as reflected in the records of the
 1002  association is not the unit address. If the address reflected in
 1003  the records is outside the United States, sending the notice to
 1004  that address and to the unit address by first-class United
 1005  States mail is sufficient. Delivery of the Notice is shall be
 1006  deemed to have been delivered given upon mailing as required by
 1007  this subsection, provided that it is. The notice must be in
 1008  substantially the following form:
 1009  
 1010                          NOTICE OF INTENT                         
 1011                      TO RECORD A CLAIM OF LIEN                    
 1012  
 1013         RE: Unit .... of ...(name of association)...
 1014  
 1015         The following amounts are currently due on your
 1016         account to ...(name of association)..., and must be
 1017         paid within 30 days after your receipt of this letter.
 1018         This letter shall serve as the association’s notice of
 1019         intent to record a Claim of Lien against your property
 1020         no sooner than 30 days after your receipt of this
 1021         letter, unless you pay in full the amounts set forth
 1022         below:
 1023  
 1024         Maintenance due ...(dates)...                      $.....
 1025         Late fee, if applicable                            $.....
 1026         Interest through ...(dates)...*                    $.....
 1027         Certified mail charges ...(dates)...               $.....
 1028         Other costs                                        $.....
 1029         TOTAL OUTSTANDING                                  $.....
 1030  
 1031         *Interest accrues at the rate of .... percent per annum.
 1032         Section 8. Section 718.1255, Florida Statutes, is amended
 1033  to read:
 1034         718.1255 Alternative dispute resolution; voluntary
 1035  mediation; mandatory nonbinding arbitration; legislative
 1036  findings.—
 1037         (1) DEFINITIONS.—As used in this section, the term
 1038  “dispute” means any disagreement between two or more parties
 1039  that involves:
 1040         (a) The authority of the board of directors, under this
 1041  chapter or association document, to:
 1042         1. Require any owner to take any action, or not to take any
 1043  action, involving that owner’s unit or the appurtenances
 1044  thereto.
 1045         2. Alter or add to a common area or element.
 1046         (b) The failure of a governing body, when required by this
 1047  chapter or an association document, to:
 1048         1. Properly conduct elections.
 1049         2. Give adequate notice of meetings or other actions.
 1050         3. Properly conduct meetings.
 1051         4. Allow inspection of books and records.
 1052         (c) A plan of termination pursuant to s. 718.117.
 1053  
 1054  “Dispute” does not include any disagreement that primarily
 1055  involves: title to any unit or common element; the
 1056  interpretation or enforcement of any warranty; the levy of a fee
 1057  or assessment, or the collection of an assessment levied against
 1058  a party; the eviction or other removal of a tenant from a unit;
 1059  alleged breaches of fiduciary duty by one or more directors; or
 1060  claims for damages to a unit based upon the alleged failure of
 1061  the association to maintain the common elements or condominium
 1062  property.
 1063         (2) VOLUNTARY MEDIATION.—Voluntary Mediation through
 1064  Citizen Dispute Settlement Centers as provided for in s. 44.201
 1065  is encouraged.
 1066         (3) LEGISLATIVE FINDINGS.—
 1067         (a) The Legislature finds that unit owners are frequently
 1068  at a disadvantage when litigating against an association.
 1069  Specifically, a condominium association, with its statutory
 1070  assessment authority, is often more able to bear the costs and
 1071  expenses of litigation than the unit owner who must rely on his
 1072  or her own financial resources to satisfy the costs of
 1073  litigation against the association.
 1074         (b) The Legislature finds that alternative dispute
 1075  resolution has been making progress in reducing court dockets
 1076  and trials and in offering a more efficient, cost-effective
 1077  option to court litigation. However, the Legislature also finds
 1078  that alternative dispute resolution should not be used as a
 1079  mechanism to encourage the filing of frivolous or nuisance
 1080  suits.
 1081         (c) There exists a need to develop a flexible means of
 1082  alternative dispute resolution that directs disputes to the most
 1083  efficient means of resolution.
 1084         (d) The high cost and significant delay of circuit court
 1085  litigation faced by unit owners in the state can be alleviated
 1086  by requiring nonbinding arbitration and mediation in appropriate
 1087  cases, thereby reducing delay and attorney attorney’s fees while
 1088  preserving the right of either party to have its case heard by a
 1089  jury, if applicable, in a court of law.
 1090         (4) MANDATORY NONBINDING ARBITRATION AND MEDIATION OF
 1091  DISPUTES.—The Division of Florida Condominiums, Timeshares, and
 1092  Mobile Homes of the Department of Business and Professional
 1093  Regulation may employ full-time attorneys to act as arbitrators
 1094  to conduct the arbitration hearings provided by this chapter.
 1095  The division may also certify attorneys who are not employed by
 1096  the division to act as arbitrators to conduct the arbitration
 1097  hearings provided by this chapter. A No person may not be
 1098  employed by the department as a full-time arbitrator unless he
 1099  or she is a member in good standing of The Florida Bar. A person
 1100  may only be certified by the division to act as an arbitrator if
 1101  he or she has been a member in good standing of The Florida Bar
 1102  for at least 5 years and has mediated or arbitrated at least 10
 1103  disputes involving condominiums in this state during the 3 years
 1104  immediately preceding the date of application, mediated or
 1105  arbitrated at least 30 disputes in any subject area in this
 1106  state during the 3 years immediately preceding the date of
 1107  application, or attained board certification in real estate law
 1108  or condominium and planned development law from The Florida Bar.
 1109  Arbitrator certification is valid for 1 year. An arbitrator who
 1110  does not maintain the minimum qualifications for initial
 1111  certification may not have his or her certification renewed. The
 1112  department may not enter into a legal services contract for an
 1113  arbitration hearing under this chapter with an attorney who is
 1114  not a certified arbitrator unless a certified arbitrator is not
 1115  available within 50 miles of the dispute. The department shall
 1116  adopt rules of procedure to govern such arbitration hearings
 1117  including mediation incident thereto. The decision of an
 1118  arbitrator is shall be final; however, a decision is shall not
 1119  be deemed final agency action. Nothing in this provision shall
 1120  be construed to foreclose parties from proceeding in a trial de
 1121  novo unless the parties have agreed that the arbitration is
 1122  binding. If judicial proceedings are initiated, the final
 1123  decision of the arbitrator is shall be admissible in evidence in
 1124  the trial de novo.
 1125         (a) Before Prior to the institution of court litigation, a
 1126  party to a dispute, other than an election or recall dispute,
 1127  shall either petition the division for nonbinding arbitration or
 1128  initiate presuit mediation as provided in subsection (5).
 1129  Arbitration is binding on the parties if all parties in
 1130  arbitration agree to be bound in a writing filed in arbitration.
 1131  The petition must be accompanied by a filing fee in the amount
 1132  of $50. Filing fees collected under this section must be used to
 1133  defray the expenses of the alternative dispute resolution
 1134  program.
 1135         (b) The petition must recite, and have attached thereto,
 1136  supporting proof that the petitioner gave the respondents:
 1137         1. Advance written notice of the specific nature of the
 1138  dispute;
 1139         2. A demand for relief, and a reasonable opportunity to
 1140  comply or to provide the relief; and
 1141         3. Notice of the intention to file an arbitration petition
 1142  or other legal action in the absence of a resolution of the
 1143  dispute.
 1144  
 1145  Failure to include the allegations or proof of compliance with
 1146  these prerequisites requires dismissal of the petition without
 1147  prejudice.
 1148         (c) Upon receipt, the petition shall be promptly reviewed
 1149  by the division to determine the existence of a dispute and
 1150  compliance with the requirements of paragraphs (a) and (b). If
 1151  emergency relief is required and is not available through
 1152  arbitration, a motion to stay the arbitration may be filed. The
 1153  motion must be accompanied by a verified petition alleging facts
 1154  that, if proven, would support entry of a temporary injunction,
 1155  and if an appropriate motion and supporting papers are filed,
 1156  the division may abate the arbitration pending a court hearing
 1157  and disposition of a motion for temporary injunction.
 1158         (d) Upon determination by the division that a dispute
 1159  exists and that the petition substantially meets the
 1160  requirements of paragraphs (a) and (b) and any other applicable
 1161  rules, the division shall assign or enter into a contract with
 1162  an arbitrator and serve a copy of the petition upon all
 1163  respondents. The arbitrator shall conduct a hearing within 30
 1164  days after being assigned or entering into a contract unless the
 1165  petition is withdrawn or a continuance is granted for good cause
 1166  shown.
 1167         (e) Before or after the filing of the respondents’ answer
 1168  to the petition, any party may request that the arbitrator refer
 1169  the case to mediation under this section and any rules adopted
 1170  by the division. Upon receipt of a request for mediation, the
 1171  division shall promptly contact the parties to determine if
 1172  there is agreement that mediation would be appropriate. If all
 1173  parties agree, the dispute must be referred to mediation.
 1174  Notwithstanding a lack of an agreement by all parties, the
 1175  arbitrator may refer a dispute to mediation at any time.
 1176         (f) Upon referral of a case to mediation, the parties must
 1177  select a mutually acceptable mediator. To assist in the
 1178  selection, the arbitrator shall provide the parties with a list
 1179  of both volunteer and paid mediators that have been certified by
 1180  the division under s. 718.501. If the parties are unable to
 1181  agree on a mediator within the time allowed by the arbitrator,
 1182  the arbitrator shall appoint a mediator from the list of
 1183  certified mediators. If a case is referred to mediation, the
 1184  parties shall attend a mediation conference, as scheduled by the
 1185  parties and the mediator. If any party fails to attend a duly
 1186  noticed mediation conference, without the permission or approval
 1187  of the arbitrator or mediator, the arbitrator must impose
 1188  sanctions against the party, including the striking of any
 1189  pleadings filed, the entry of an order of dismissal or default
 1190  if appropriate, and the award of costs and attorney fees
 1191  incurred by the other parties. Unless otherwise agreed to by the
 1192  parties or as provided by order of the arbitrator, a party is
 1193  deemed to have appeared at a mediation conference by the
 1194  physical presence of the party or its representative having full
 1195  authority to settle without further consultation, provided that
 1196  an association may comply by having one or more representatives
 1197  present with full authority to negotiate a settlement and
 1198  recommend that the board of administration ratify and approve
 1199  such a settlement within 5 days from the date of the mediation
 1200  conference. The parties shall share equally the expense of
 1201  mediation, unless they agree otherwise.
 1202         (g) The purpose of mediation as provided for by this
 1203  section is to present the parties with an opportunity to resolve
 1204  the underlying dispute in good faith, and with a minimum
 1205  expenditure of time and resources.
 1206         (h) Mediation proceedings must generally be conducted in
 1207  accordance with the Florida Rules of Civil Procedure, and these
 1208  proceedings are privileged and confidential to the same extent
 1209  as court-ordered mediation. Persons who are not parties to the
 1210  dispute are not allowed to attend the mediation conference
 1211  without the consent of all parties, with the exception of
 1212  counsel for the parties and corporate representatives designated
 1213  to appear for a party. If the mediator declares an impasse after
 1214  a mediation conference has been held, the arbitration proceeding
 1215  terminates, unless all parties agree in writing to continue the
 1216  arbitration proceeding, in which case the arbitrator’s decision
 1217  shall be binding or nonbinding, as agreed upon by the parties;
 1218  in the arbitration proceeding, the arbitrator shall not consider
 1219  any evidence relating to the unsuccessful mediation except in a
 1220  proceeding to impose sanctions for failure to appear at the
 1221  mediation conference. If the parties do not agree to continue
 1222  arbitration, the arbitrator shall enter an order of dismissal,
 1223  and either party may institute a suit in a court of competent
 1224  jurisdiction. The parties may seek to recover any costs and
 1225  attorney fees incurred in connection with arbitration and
 1226  mediation proceedings under this section as part of the costs
 1227  and fees that may be recovered by the prevailing party in any
 1228  subsequent litigation.
 1229         (i) Arbitration shall be conducted according to rules
 1230  adopted by the division. The filing of a petition for
 1231  arbitration shall toll the applicable statute of limitations.
 1232         (j) At the request of any party to the arbitration, the
 1233  arbitrator shall issue subpoenas for the attendance of witnesses
 1234  and the production of books, records, documents, and other
 1235  evidence and any party on whose behalf a subpoena is issued may
 1236  apply to the court for orders compelling such attendance and
 1237  production. Subpoenas shall be served and shall be enforceable
 1238  in the manner provided by the Florida Rules of Civil Procedure.
 1239  Discovery may, in the discretion of the arbitrator, be permitted
 1240  in the manner provided by the Florida Rules of Civil Procedure.
 1241  Rules adopted by the division may authorize any reasonable
 1242  sanctions except contempt for a violation of the arbitration
 1243  procedural rules of the division or for the failure of a party
 1244  to comply with a reasonable nonfinal order issued by an
 1245  arbitrator which is not under judicial review.
 1246         (k) The arbitration decision shall be rendered within 30
 1247  days after the hearing and presented to the parties in writing.
 1248  An arbitration decision is final in those disputes in which the
 1249  parties have agreed to be bound. An arbitration decision is also
 1250  final if a complaint for a trial de novo is not filed in a court
 1251  of competent jurisdiction in which the condominium is located
 1252  within 30 days. The right to file for a trial de novo entitles
 1253  the parties to file a complaint in the appropriate trial court
 1254  for a judicial resolution of the dispute. The prevailing party
 1255  in an arbitration proceeding shall be awarded the costs of the
 1256  arbitration and reasonable attorney fees in an amount determined
 1257  by the arbitrator. Such an award shall include the costs and
 1258  reasonable attorney fees incurred in the arbitration proceeding
 1259  as well as the costs and reasonable attorney fees incurred in
 1260  preparing for and attending any scheduled mediation. An
 1261  arbitrator’s failure to render a written decision within 30 days
 1262  after the hearing may result in the cancellation of his or her
 1263  arbitration certification.
 1264         (l) The party who files a complaint for a trial de novo
 1265  shall be assessed the other party’s arbitration costs, court
 1266  costs, and other reasonable costs, including attorney fees,
 1267  investigation expenses, and expenses for expert or other
 1268  testimony or evidence incurred after the arbitration hearing if
 1269  the judgment upon the trial de novo is not more favorable than
 1270  the arbitration decision. If the judgment is more favorable, the
 1271  party who filed a complaint for trial de novo shall be awarded
 1272  reasonable court costs and attorney fees.
 1273         (m) Any party to an arbitration proceeding may enforce an
 1274  arbitration award by filing a petition in a court of competent
 1275  jurisdiction in which the condominium is located. A petition may
 1276  not be granted unless the time for appeal by the filing of a
 1277  complaint for trial de novo has expired. If a complaint for a
 1278  trial de novo has been filed, a petition may not be granted with
 1279  respect to an arbitration award that has been stayed. If the
 1280  petition for enforcement is granted, the petitioner shall
 1281  recover reasonable attorney fees and costs incurred in enforcing
 1282  the arbitration award. A mediation settlement may also be
 1283  enforced through the county or circuit court, as applicable, and
 1284  any costs and fees incurred in the enforcement of a settlement
 1285  agreement reached at mediation must be awarded to the prevailing
 1286  party in any enforcement action.
 1287         (5) PRESUIT MEDIATION.—In lieu of the initiation of
 1288  nonbinding arbitration as provided in subsections (1)-(4), a
 1289  party may submit a dispute to presuit mediation in accordance
 1290  with s. 720.311; however, election and recall disputes are not
 1291  eligible for mediation and such disputes must be arbitrated by
 1292  the division or filed in a court of competent jurisdiction.
 1293         (6) DISPUTES INVOLVING ELECTION IRREGULARITIES.—Every
 1294  arbitration petition received by the division and required to be
 1295  filed under this section challenging the legality of the
 1296  election of any director of the board of administration must be
 1297  handled on an expedited basis in the manner provided by the
 1298  division’s rules for recall arbitration disputes.
 1299         (7)(6) APPLICABILITY.—This section does not apply to a
 1300  nonresidential condominium unless otherwise specifically
 1301  provided for in the declaration of the nonresidential
 1302  condominium.
 1303         Section 9. Section 718.1265, Florida Statutes, is amended
 1304  to read:
 1305         718.1265 Association emergency powers.—
 1306         (1) To the extent allowed by law, and unless specifically
 1307  prohibited by the declaration of condominium, the articles, or
 1308  the bylaws of an association, and consistent with the provisions
 1309  of s. 617.0830, the board of administration, in response to
 1310  damage or injury caused by or anticipated in connection with an
 1311  emergency, as defined in s. 252.34(4), event for which a state
 1312  of emergency is declared pursuant to s. 252.36 in the locale in
 1313  which the condominium is located, may, but is not required to,
 1314  exercise the following powers:
 1315         (a) Conduct board meetings, committee meetings, elections,
 1316  and membership meetings, in whole or in part, by telephone,
 1317  real-time videoconferencing, or similar real-time electronic or
 1318  video communication with notice given as is practicable. Such
 1319  notice may be given in any practicable manner, including
 1320  publication, radio, United States mail, the Internet, electronic
 1321  transmission, public service announcements, and conspicuous
 1322  posting on the condominium property or association property or
 1323  any other means the board deems reasonable under the
 1324  circumstances. Notice of board decisions also may be
 1325  communicated as provided in this paragraph.
 1326         (b) Cancel and reschedule any association meeting.
 1327         (c) Name as assistant officers persons who are not
 1328  directors, which assistant officers shall have the same
 1329  authority as the executive officers to whom they are assistants
 1330  during the state of emergency to accommodate the incapacity or
 1331  unavailability of any officer of the association.
 1332         (d) Relocate the association’s principal office or
 1333  designate alternative principal offices.
 1334         (e) Enter into agreements with local counties and
 1335  municipalities to assist counties and municipalities with debris
 1336  removal.
 1337         (f) Implement a disaster plan or an emergency plan before,
 1338  during, or immediately following the event for which a state of
 1339  emergency is declared which may include, but is not limited to,
 1340  shutting down or off elevators; electricity; water, sewer, or
 1341  security systems; or air conditioners.
 1342         (g) Based upon advice of emergency management officials or
 1343  public health officials, or upon the advice of licensed
 1344  professionals retained by or otherwise available to the board,
 1345  determine any portion of the condominium property or association
 1346  property unavailable for entry or occupancy by unit owners,
 1347  family members, tenants, guests, agents, or invitees to protect
 1348  the health, safety, or welfare of such persons.
 1349         (h) Require the evacuation of the condominium property in
 1350  the event of a mandatory evacuation order in the locale in which
 1351  the condominium is located. Should any unit owner or other
 1352  occupant of a condominium fail or refuse to evacuate the
 1353  condominium property or association property where the board has
 1354  required evacuation, the association shall be immune from
 1355  liability or injury to persons or property arising from such
 1356  failure or refusal.
 1357         (i) Based upon advice of emergency management officials or
 1358  public health officials, or upon the advice of licensed
 1359  professionals retained by or otherwise available to the board,
 1360  determine whether the condominium property, association
 1361  property, or any portion thereof can be safely inhabited,
 1362  accessed, or occupied. However, such determination is not
 1363  conclusive as to any determination of habitability pursuant to
 1364  the declaration.
 1365         (j) Mitigate further damage, injury, or contagion,
 1366  including taking action to contract for the removal of debris
 1367  and to prevent or mitigate the spread of fungus or contagion,
 1368  including, but not limited to, mold or mildew, by removing and
 1369  disposing of wet drywall, insulation, carpet, cabinetry, or
 1370  other fixtures on or within the condominium property, even if
 1371  the unit owner is obligated by the declaration or law to insure
 1372  or replace those fixtures and to remove personal property from a
 1373  unit.
 1374         (k) Contract, on behalf of any unit owner or owners, for
 1375  items or services for which the owners are otherwise
 1376  individually responsible, but which are necessary to prevent
 1377  further injury, contagion, or damage to the condominium property
 1378  or association property. In such event, the unit owner or owners
 1379  on whose behalf the board has contracted are responsible for
 1380  reimbursing the association for the actual costs of the items or
 1381  services, and the association may use its lien authority
 1382  provided by s. 718.116 to enforce collection of the charges.
 1383  Without limitation, such items or services may include the
 1384  drying of units, the boarding of broken windows or doors, and
 1385  the replacement of damaged air conditioners or air handlers to
 1386  provide climate control in the units or other portions of the
 1387  property, and the sanitizing of the condominium property or
 1388  association property, as applicable.
 1389         (l) Regardless of any provision to the contrary and even if
 1390  such authority does not specifically appear in the declaration
 1391  of condominium, articles, or bylaws of the association, levy
 1392  special assessments without a vote of the owners.
 1393         (m) Without unit owners’ approval, borrow money and pledge
 1394  association assets as collateral to fund emergency repairs and
 1395  carry out the duties of the association when operating funds are
 1396  insufficient. This paragraph does not limit the general
 1397  authority of the association to borrow money, subject to such
 1398  restrictions as are contained in the declaration of condominium,
 1399  articles, or bylaws of the association.
 1400         (2) The special powers authorized under subsection (1)
 1401  shall be limited to that time reasonably necessary to protect
 1402  the health, safety, and welfare of the association and the unit
 1403  owners and the unit owners’ family members, tenants, guests,
 1404  agents, or invitees and shall be reasonably necessary to
 1405  mitigate further damage, injury, or contagion and make emergency
 1406  repairs.
 1407         (3)Notwithstanding paragraphs (1)(f)-(i), during a state
 1408  of emergency declared by executive order or proclamation of the
 1409  Governor pursuant to s. 252.36, an association may not prohibit
 1410  unit owners, tenants, guests, agents, or invitees of a unit
 1411  owner from accessing the unit and the common elements and
 1412  limited common elements appurtenant thereto for the purposes of
 1413  ingress to and egress from the unit and when access is necessary
 1414  in connection with:
 1415         (a)The sale, lease, or other transfer of title of a unit;
 1416  or
 1417         (b)The habitability of the unit or for the health and
 1418  safety of such person unless a governmental order or
 1419  determination, or a public health directive from the Centers for
 1420  Disease Control and Prevention, has been issued prohibiting such
 1421  access to the unit. Any such access is subject to reasonable
 1422  restrictions adopted by the association.
 1423         Section 10. Subsection (3) of section 718.202, Florida
 1424  Statutes, is amended to read:
 1425         718.202 Sales or reservation deposits prior to closing.—
 1426         (3) If the contract for sale of the condominium unit so
 1427  provides, the developer may withdraw escrow funds in excess of
 1428  10 percent of the purchase price from the special account
 1429  required by subsection (2) when the construction of improvements
 1430  has begun. He or she may use the funds for the actual costs
 1431  incurred by the developer in the actual construction and
 1432  development of the condominium property in which the unit to be
 1433  sold is located. For purposes of this subsection, the term
 1434  “actual costs” includes, but is not limited to, expenditures for
 1435  demolition, site clearing, permit fees, impact fees, and utility
 1436  reservation fees, as well as architectural, engineering, and
 1437  surveying fees that directly relate to construction and
 1438  development of the condominium property. However, no part of
 1439  these funds may be used for salaries, commissions, or expenses
 1440  of salespersons; or for advertising, marketing, or promotional
 1441  purposes; or for loan fees and costs, principal and interest on
 1442  loans, attorney fees, accounting fees, or insurance costs. A
 1443  contract which permits use of the advance payments for these
 1444  purposes shall include the following legend conspicuously
 1445  printed or stamped in boldfaced type on the first page of the
 1446  contract and immediately above the place for the signature of
 1447  the buyer: ANY PAYMENT IN EXCESS OF 10 PERCENT OF THE PURCHASE
 1448  PRICE MADE TO DEVELOPER PRIOR TO CLOSING PURSUANT TO THIS
 1449  CONTRACT MAY BE USED FOR CONSTRUCTION PURPOSES BY THE DEVELOPER.
 1450         Section 11. Subsection (1) and paragraph (b) of subsection
 1451  (3) of section 718.303, Florida Statutes, are amended to read:
 1452         718.303 Obligations of owners and occupants; remedies.—
 1453         (1) Each unit owner, each tenant and other invitee, and
 1454  each association is governed by, and must comply with the
 1455  provisions of, this chapter, the declaration, the documents
 1456  creating the association, and the association bylaws which are
 1457  shall be deemed expressly incorporated into any lease of a unit.
 1458  Actions at law or in equity for damages or for injunctive
 1459  relief, or both, for failure to comply with these provisions may
 1460  be brought by the association or by a unit owner against:
 1461         (a) The association.
 1462         (b) A unit owner.
 1463         (c) Directors designated by the developer, for actions
 1464  taken by them before control of the association is assumed by
 1465  unit owners other than the developer.
 1466         (d) Any director who willfully and knowingly fails to
 1467  comply with these provisions.
 1468         (e) Any tenant leasing a unit, and any other invitee
 1469  occupying a unit.
 1470  
 1471  The prevailing party in any such action or in any action in
 1472  which the purchaser claims a right of voidability based upon
 1473  contractual provisions as required in s. 718.503(1)(a) is
 1474  entitled to recover reasonable attorney attorney’s fees. A unit
 1475  owner prevailing in an action between the association and the
 1476  unit owner under this subsection section, in addition to
 1477  recovering his or her reasonable attorney attorney’s fees, may
 1478  recover additional amounts as determined by the court to be
 1479  necessary to reimburse the unit owner for his or her share of
 1480  assessments levied by the association to fund its expenses of
 1481  the litigation. This relief does not exclude other remedies
 1482  provided by law. Actions arising under this subsection are not
 1483  considered may not be deemed to be actions for specific
 1484  performance.
 1485         (3) The association may levy reasonable fines for the
 1486  failure of the owner of the unit or its occupant, licensee, or
 1487  invitee to comply with any provision of the declaration, the
 1488  association bylaws, or reasonable rules of the association. A
 1489  fine may not become a lien against a unit. A fine may be levied
 1490  by the board on the basis of each day of a continuing violation,
 1491  with a single notice and opportunity for hearing before a
 1492  committee as provided in paragraph (b). However, the fine may
 1493  not exceed $100 per violation, or $1,000 in the aggregate.
 1494         (b) A fine or suspension levied by the board of
 1495  administration may not be imposed unless the board first
 1496  provides at least 14 days’ written notice to the unit owner and,
 1497  if applicable, any tenant occupant, licensee, or invitee of the
 1498  unit owner sought to be fined or suspended, and an opportunity
 1499  for a hearing before a committee of at least three members
 1500  appointed by the board who are not officers, directors, or
 1501  employees of the association, or the spouse, parent, child,
 1502  brother, or sister of an officer, director, or employee. The
 1503  role of the committee is limited to determining whether to
 1504  confirm or reject the fine or suspension levied by the board. If
 1505  the committee does not approve the proposed fine or suspension
 1506  by majority vote, the fine or suspension may not be imposed. If
 1507  the proposed fine or suspension is approved by the committee,
 1508  the fine payment is due 5 days after notice of the approved fine
 1509  is provided to the unit owner and, if applicable, to any tenant,
 1510  licensee, or invitee of the unit owner the date of the committee
 1511  meeting at which the fine is approved. The association must
 1512  provide written notice of such fine or suspension by mail or
 1513  hand delivery to the unit owner and, if applicable, to any
 1514  tenant, licensee, or invitee of the unit owner.
 1515         Section 12. Subsection (5) is added to section 718.405,
 1516  Florida Statutes, to read:
 1517         718.405 Multicondominiums; multicondominium associations.—
 1518         (5) This section does not prevent or restrict a
 1519  multicondominium association from adopting a consolidated or
 1520  combined declaration of condominium if such declaration complies
 1521  with s. 718.104 and does not serve to merge the condominiums or
 1522  change the legal descriptions of the condominium parcels as set
 1523  forth in s. 718.109, unless accomplished in accordance with law.
 1524  This section is intended to clarify existing law and applies to
 1525  associations existing on July 1, 2021.
 1526         Section 13. Section 718.501, Florida Statutes, is amended
 1527  to read:
 1528         718.501 Authority, responsibility, and duties of Division
 1529  of Florida Condominiums, Timeshares, and Mobile Homes.—
 1530         (1) The division may enforce and ensure compliance with the
 1531  provisions of this chapter and rules relating to the
 1532  development, construction, sale, lease, ownership, operation,
 1533  and management of residential condominium units. In performing
 1534  its duties, the division has complete jurisdiction to
 1535  investigate complaints and enforce compliance with respect to
 1536  associations that are still under developer control or the
 1537  control of a bulk assignee or bulk buyer pursuant to part VII of
 1538  this chapter and complaints against developers, bulk assignees,
 1539  or bulk buyers involving improper turnover or failure to
 1540  turnover, pursuant to s. 718.301. However, after turnover has
 1541  occurred, the division has jurisdiction to investigate
 1542  complaints related only to financial issues, elections, and the
 1543  maintenance of and unit owner access to association records
 1544  under pursuant to s. 718.111(12).
 1545         (a)1. The division may make necessary public or private
 1546  investigations within or outside this state to determine whether
 1547  any person has violated this chapter or any rule or order
 1548  hereunder, to aid in the enforcement of this chapter, or to aid
 1549  in the adoption of rules or forms.
 1550         2. The division may submit any official written report,
 1551  worksheet, or other related paper, or a duly certified copy
 1552  thereof, compiled, prepared, drafted, or otherwise made by and
 1553  duly authenticated by a financial examiner or analyst to be
 1554  admitted as competent evidence in any hearing in which the
 1555  financial examiner or analyst is available for cross-examination
 1556  and attests under oath that such documents were prepared as a
 1557  result of an examination or inspection conducted pursuant to
 1558  this chapter.
 1559         (b) The division may require or permit any person to file a
 1560  statement in writing, under oath or otherwise, as the division
 1561  determines, as to the facts and circumstances concerning a
 1562  matter to be investigated.
 1563         (c) For the purpose of any investigation under this
 1564  chapter, the division director or any officer or employee
 1565  designated by the division director may administer oaths or
 1566  affirmations, subpoena witnesses and compel their attendance,
 1567  take evidence, and require the production of any matter which is
 1568  relevant to the investigation, including the existence,
 1569  description, nature, custody, condition, and location of any
 1570  books, documents, or other tangible things and the identity and
 1571  location of persons having knowledge of relevant facts or any
 1572  other matter reasonably calculated to lead to the discovery of
 1573  material evidence. Upon the failure by a person to obey a
 1574  subpoena or to answer questions propounded by the investigating
 1575  officer and upon reasonable notice to all affected persons, the
 1576  division may apply to the circuit court for an order compelling
 1577  compliance.
 1578         (d) Notwithstanding any remedies available to unit owners
 1579  and associations, if the division has reasonable cause to
 1580  believe that a violation of any provision of this chapter or
 1581  related rule has occurred, the division may institute
 1582  enforcement proceedings in its own name against any developer,
 1583  bulk assignee, bulk buyer, association, officer, or member of
 1584  the board of administration, or its assignees or agents, as
 1585  follows:
 1586         1. The division may permit a person whose conduct or
 1587  actions may be under investigation to waive formal proceedings
 1588  and enter into a consent proceeding whereby orders, rules, or
 1589  letters of censure or warning, whether formal or informal, may
 1590  be entered against the person.
 1591         2. The division may issue an order requiring the developer,
 1592  bulk assignee, bulk buyer, association, developer-designated
 1593  officer, or developer-designated member of the board of
 1594  administration, developer-designated assignees or agents, bulk
 1595  assignee-designated assignees or agents, bulk buyer-designated
 1596  assignees or agents, community association manager, or community
 1597  association management firm to cease and desist from the
 1598  unlawful practice and take such affirmative action as in the
 1599  judgment of the division carry out the purposes of this chapter.
 1600  If the division finds that a developer, bulk assignee, bulk
 1601  buyer, association, officer, or member of the board of
 1602  administration, or its assignees or agents, is violating or is
 1603  about to violate any provision of this chapter, any rule adopted
 1604  or order issued by the division, or any written agreement
 1605  entered into with the division, and presents an immediate danger
 1606  to the public requiring an immediate final order, it may issue
 1607  an emergency cease and desist order reciting with particularity
 1608  the facts underlying such findings. The emergency cease and
 1609  desist order is effective for 90 days. If the division begins
 1610  nonemergency cease and desist proceedings, the emergency cease
 1611  and desist order remains effective until the conclusion of the
 1612  proceedings under ss. 120.569 and 120.57.
 1613         3. If a developer, bulk assignee, or bulk buyer, fails to
 1614  pay any restitution determined by the division to be owed, plus
 1615  any accrued interest at the highest rate permitted by law,
 1616  within 30 days after expiration of any appellate time period of
 1617  a final order requiring payment of restitution or the conclusion
 1618  of any appeal thereof, whichever is later, the division must
 1619  bring an action in circuit or county court on behalf of any
 1620  association, class of unit owners, lessees, or purchasers for
 1621  restitution, declaratory relief, injunctive relief, or any other
 1622  available remedy. The division may also temporarily revoke its
 1623  acceptance of the filing for the developer to which the
 1624  restitution relates until payment of restitution is made.
 1625         4. The division may petition the court for appointment of a
 1626  receiver or conservator. If appointed, the receiver or
 1627  conservator may take action to implement the court order to
 1628  ensure the performance of the order and to remedy any breach
 1629  thereof. In addition to all other means provided by law for the
 1630  enforcement of an injunction or temporary restraining order, the
 1631  circuit court may impound or sequester the property of a party
 1632  defendant, including books, papers, documents, and related
 1633  records, and allow the examination and use of the property by
 1634  the division and a court-appointed receiver or conservator.
 1635         5. The division may apply to the circuit court for an order
 1636  of restitution whereby the defendant in an action brought under
 1637  pursuant to subparagraph 4. is ordered to make restitution of
 1638  those sums shown by the division to have been obtained by the
 1639  defendant in violation of this chapter. At the option of the
 1640  court, such restitution is payable to the conservator or
 1641  receiver appointed under pursuant to subparagraph 4. or directly
 1642  to the persons whose funds or assets were obtained in violation
 1643  of this chapter.
 1644         6. The division may impose a civil penalty against a
 1645  developer, bulk assignee, or bulk buyer, or association, or its
 1646  assignee or agent, for any violation of this chapter or related
 1647  rule. The division may impose a civil penalty individually
 1648  against an officer or board member who willfully and knowingly
 1649  violates a provision of this chapter, adopted rule, or a final
 1650  order of the division; may order the removal of such individual
 1651  as an officer or from the board of administration or as an
 1652  officer of the association; and may prohibit such individual
 1653  from serving as an officer or on the board of a community
 1654  association for a period of time. The term “willfully and
 1655  knowingly” means that the division informed the officer or board
 1656  member that his or her action or intended action violates this
 1657  chapter, a rule adopted under this chapter, or a final order of
 1658  the division and that the officer or board member refused to
 1659  comply with the requirements of this chapter, a rule adopted
 1660  under this chapter, or a final order of the division. The
 1661  division, before initiating formal agency action under chapter
 1662  120, must afford the officer or board member an opportunity to
 1663  voluntarily comply, and an officer or board member who complies
 1664  within 10 days is not subject to a civil penalty. A penalty may
 1665  be imposed on the basis of each day of continuing violation, but
 1666  the penalty for any offense may not exceed $5,000. By January 1,
 1667  1998, The division shall adopt, by rule, penalty guidelines
 1668  applicable to possible violations or to categories of violations
 1669  of this chapter or rules adopted by the division. The guidelines
 1670  must specify a meaningful range of civil penalties for each such
 1671  violation of the statute and rules and must be based upon the
 1672  harm caused by the violation, the repetition of the violation,
 1673  and upon such other factors deemed relevant by the division. For
 1674  example, the division may consider whether the violations were
 1675  committed by a developer, bulk assignee, or bulk buyer, or
 1676  owner-controlled association, the size of the association, and
 1677  other factors. The guidelines must designate the possible
 1678  mitigating or aggravating circumstances that justify a departure
 1679  from the range of penalties provided by the rules. It is the
 1680  legislative intent that minor violations be distinguished from
 1681  those which endanger the health, safety, or welfare of the
 1682  condominium residents or other persons and that such guidelines
 1683  provide reasonable and meaningful notice to the public of likely
 1684  penalties that may be imposed for proscribed conduct. This
 1685  subsection does not limit the ability of the division to
 1686  informally dispose of administrative actions or complaints by
 1687  stipulation, agreed settlement, or consent order. All amounts
 1688  collected shall be deposited with the Chief Financial Officer to
 1689  the credit of the Division of Florida Condominiums, Timeshares,
 1690  and Mobile Homes Trust Fund. If a developer, bulk assignee, or
 1691  bulk buyer fails to pay the civil penalty and the amount deemed
 1692  to be owed to the association, the division shall issue an order
 1693  directing that such developer, bulk assignee, or bulk buyer
 1694  cease and desist from further operation until such time as the
 1695  civil penalty is paid or may pursue enforcement of the penalty
 1696  in a court of competent jurisdiction. If an association fails to
 1697  pay the civil penalty, the division shall pursue enforcement in
 1698  a court of competent jurisdiction, and the order imposing the
 1699  civil penalty or the cease and desist order is not effective
 1700  until 20 days after the date of such order. Any action commenced
 1701  by the division shall be brought in the county in which the
 1702  division has its executive offices or in the county where the
 1703  violation occurred.
 1704         7. If a unit owner presents the division with proof that
 1705  the unit owner has requested access to official records in
 1706  writing by certified mail, and that after 10 days the unit owner
 1707  again made the same request for access to official records in
 1708  writing by certified mail, and that more than 10 days has
 1709  elapsed since the second request and the association has still
 1710  failed or refused to provide access to official records as
 1711  required by this chapter, the division shall issue a subpoena
 1712  requiring production of the requested records where the records
 1713  are kept pursuant to s. 718.112.
 1714         8. In addition to subparagraph 6., the division may seek
 1715  the imposition of a civil penalty through the circuit court for
 1716  any violation for which the division may issue a notice to show
 1717  cause under paragraph (r). The civil penalty shall be at least
 1718  $500 but no more than $5,000 for each violation. The court may
 1719  also award to the prevailing party court costs and reasonable
 1720  attorney attorney’s fees and, if the division prevails, may also
 1721  award reasonable costs of investigation.
 1722         (e) The division may prepare and disseminate a prospectus
 1723  and other information to assist prospective owners, purchasers,
 1724  lessees, and developers of residential condominiums in assessing
 1725  the rights, privileges, and duties pertaining thereto.
 1726         (f) The division may adopt rules to administer and enforce
 1727  the provisions of this chapter.
 1728         (g) The division shall establish procedures for providing
 1729  notice to an association and the developer, bulk assignee, or
 1730  bulk buyer during the period in which the developer, bulk
 1731  assignee, or bulk buyer controls the association if the division
 1732  is considering the issuance of a declaratory statement with
 1733  respect to the declaration of condominium or any related
 1734  document governing such condominium community.
 1735         (h) The division shall furnish each association that pays
 1736  the fees required by paragraph (2)(a) a copy of this chapter, as
 1737  amended, and the rules adopted thereto on an annual basis.
 1738         (i) The division shall annually provide each association
 1739  with a summary of declaratory statements and formal legal
 1740  opinions relating to the operations of condominiums which were
 1741  rendered by the division during the previous year.
 1742         (j) The division shall provide training and educational
 1743  programs for condominium association board members and unit
 1744  owners. The training may, in the division’s discretion, include
 1745  web-based electronic media, and live training and seminars in
 1746  various locations throughout the state. The division may review
 1747  and approve education and training programs for board members
 1748  and unit owners offered by providers and shall maintain a
 1749  current list of approved programs and providers and make such
 1750  list available to board members and unit owners in a reasonable
 1751  and cost-effective manner.
 1752         (k) The division shall maintain a toll-free telephone
 1753  number accessible to condominium unit owners.
 1754         (l) The division shall develop a program to certify both
 1755  volunteer and paid mediators to provide mediation of condominium
 1756  disputes. The division shall provide, upon request, a list of
 1757  such mediators to any association, unit owner, or other
 1758  participant in alternative dispute resolution arbitration
 1759  proceedings under s. 718.1255 requesting a copy of the list. The
 1760  division shall include on the list of volunteer mediators only
 1761  the names of persons who have received at least 20 hours of
 1762  training in mediation techniques or who have mediated at least
 1763  20 disputes. In order to become initially certified by the
 1764  division, paid mediators must be certified by the Supreme Court
 1765  to mediate court cases in county or circuit courts. However, the
 1766  division may adopt, by rule, additional factors for the
 1767  certification of paid mediators, which must be related to
 1768  experience, education, or background. Any person initially
 1769  certified as a paid mediator by the division must, in order to
 1770  continue to be certified, comply with the factors or
 1771  requirements adopted by rule.
 1772         (m) If a complaint is made, the division must conduct its
 1773  inquiry with due regard for the interests of the affected
 1774  parties. Within 30 days after receipt of a complaint, the
 1775  division shall acknowledge the complaint in writing and notify
 1776  the complainant whether the complaint is within the jurisdiction
 1777  of the division and whether additional information is needed by
 1778  the division from the complainant. The division shall conduct
 1779  its investigation and, within 90 days after receipt of the
 1780  original complaint or of timely requested additional
 1781  information, take action upon the complaint. However, the
 1782  failure to complete the investigation within 90 days does not
 1783  prevent the division from continuing the investigation,
 1784  accepting or considering evidence obtained or received after 90
 1785  days, or taking administrative action if reasonable cause exists
 1786  to believe that a violation of this chapter or a rule has
 1787  occurred. If an investigation is not completed within the time
 1788  limits established in this paragraph, the division shall, on a
 1789  monthly basis, notify the complainant in writing of the status
 1790  of the investigation. When reporting its action to the
 1791  complainant, the division shall inform the complainant of any
 1792  right to a hearing under pursuant to ss. 120.569 and 120.57.
 1793         (n) Condominium association directors, officers, and
 1794  employees; condominium developers; bulk assignees, bulk buyers,
 1795  and community association managers; and community association
 1796  management firms have an ongoing duty to reasonably cooperate
 1797  with the division in any investigation under pursuant to this
 1798  section. The division shall refer to local law enforcement
 1799  authorities any person whom the division believes has altered,
 1800  destroyed, concealed, or removed any record, document, or thing
 1801  required to be kept or maintained by this chapter with the
 1802  purpose to impair its verity or availability in the department’s
 1803  investigation.
 1804         (o) The division may:
 1805         1. Contract with agencies in this state or other
 1806  jurisdictions to perform investigative functions; or
 1807         2. Accept grants-in-aid from any source.
 1808         (p) The division shall cooperate with similar agencies in
 1809  other jurisdictions to establish uniform filing procedures and
 1810  forms, public offering statements, advertising standards, and
 1811  rules and common administrative practices.
 1812         (q) The division shall consider notice to a developer, bulk
 1813  assignee, or bulk buyer to be complete when it is delivered to
 1814  the address of the developer, bulk assignee, or bulk buyer
 1815  currently on file with the division.
 1816         (r) In addition to its enforcement authority, the division
 1817  may issue a notice to show cause, which must provide for a
 1818  hearing, upon written request, in accordance with chapter 120.
 1819         (s) The division shall submit to the Governor, the
 1820  President of the Senate, the Speaker of the House of
 1821  Representatives, and the chairs of the legislative
 1822  appropriations committees an annual report that includes, but
 1823  need not be limited to, the number of training programs provided
 1824  for condominium association board members and unit owners, the
 1825  number of complaints received by type, the number and percent of
 1826  complaints acknowledged in writing within 30 days and the number
 1827  and percent of investigations acted upon within 90 days in
 1828  accordance with paragraph (m), and the number of investigations
 1829  exceeding the 90-day requirement. The annual report must also
 1830  include an evaluation of the division’s core business processes
 1831  and make recommendations for improvements, including statutory
 1832  changes. The report shall be submitted by September 30 following
 1833  the end of the fiscal year.
 1834         (2)(a) Each condominium association which operates more
 1835  than two units shall pay to the division an annual fee in the
 1836  amount of $4 for each residential unit in condominiums operated
 1837  by the association. If the fee is not paid by March 1, the
 1838  association shall be assessed a penalty of 10 percent of the
 1839  amount due, and the association will not have standing to
 1840  maintain or defend any action in the courts of this state until
 1841  the amount due, plus any penalty, is paid.
 1842         (b) All fees shall be deposited in the Division of Florida
 1843  Condominiums, Timeshares, and Mobile Homes Trust Fund as
 1844  provided by law.
 1845         Section 14. Section 718.5014, Florida Statutes, is amended
 1846  to read:
 1847         718.5014 Ombudsman location.—The ombudsman shall maintain
 1848  his or her principal office in a Leon County on the premises of
 1849  the division or, if suitable space cannot be provided there, at
 1850  another place convenient to the offices of the division which
 1851  will enable the ombudsman to expeditiously carry out the duties
 1852  and functions of his or her office. The ombudsman may establish
 1853  branch offices elsewhere in the state upon the concurrence of
 1854  the Governor.
 1855         Section 15. Subsection (25) of section 719.103, Florida
 1856  Statutes, is amended to read:
 1857         719.103 Definitions.—As used in this chapter:
 1858         (25) “Unit” means a part of the cooperative property which
 1859  is subject to exclusive use and possession. A unit may be
 1860  improvements, land, or land and improvements together, as
 1861  specified in the cooperative documents. An interest in a unit is
 1862  an interest in real property.
 1863         Section 16. Paragraph (c) of subsection (2) of section
 1864  719.104, Florida Statutes, is amended to read:
 1865         719.104 Cooperatives; access to units; records; financial
 1866  reports; assessments; purchase of leases.—
 1867         (2) OFFICIAL RECORDS.—
 1868         (c) The official records of the association are open to
 1869  inspection by any association member or the authorized
 1870  representative of such member at all reasonable times. The right
 1871  to inspect the records includes the right to make or obtain
 1872  copies, at the reasonable expense, if any, of the association
 1873  member. The association may adopt reasonable rules regarding the
 1874  frequency, time, location, notice, and manner of record
 1875  inspections and copying, but may not require a member to
 1876  demonstrate any purpose or state any reason for the inspection.
 1877  The failure of an association to provide the records within 10
 1878  working days after receipt of a written request creates a
 1879  rebuttable presumption that the association willfully failed to
 1880  comply with this paragraph. A member unit owner who is denied
 1881  access to official records is entitled to the actual damages or
 1882  minimum damages for the association’s willful failure to comply.
 1883  The minimum damages are $50 per calendar day for up to 10 days,
 1884  beginning on the 11th working day after receipt of the written
 1885  request. The failure to permit inspection entitles any person
 1886  prevailing in an enforcement action to recover reasonable
 1887  attorney fees from the person in control of the records who,
 1888  directly or indirectly, knowingly denied access to the records.
 1889  Any person who knowingly or intentionally defaces or destroys
 1890  accounting records that are required by this chapter to be
 1891  maintained during the period for which such records are required
 1892  to be maintained, or who knowingly or intentionally fails to
 1893  create or maintain accounting records that are required to be
 1894  created or maintained, with the intent of causing harm to the
 1895  association or one or more of its members, is personally subject
 1896  to a civil penalty under pursuant to s. 719.501(1)(d). The
 1897  association shall maintain an adequate number of copies of the
 1898  declaration, articles of incorporation, bylaws, and rules, and
 1899  all amendments to each of the foregoing, as well as the question
 1900  and answer sheet as described in s. 719.504 and year-end
 1901  financial information required by the department, on the
 1902  cooperative property to ensure their availability to members
 1903  unit owners and prospective purchasers, and may charge its
 1904  actual costs for preparing and furnishing these documents to
 1905  those requesting the same. An association shall allow a member
 1906  or his or her authorized representative to use a portable
 1907  device, including a smartphone, tablet, portable scanner, or any
 1908  other technology capable of scanning or taking photographs, to
 1909  make an electronic copy of the official records in lieu of the
 1910  association providing the member or his or her authorized
 1911  representative with a copy of such records. The association may
 1912  not charge a member or his or her authorized representative for
 1913  the use of a portable device. Notwithstanding this paragraph,
 1914  the following records shall not be accessible to members unit
 1915  owners:
 1916         1. Any record protected by the lawyer-client privilege as
 1917  described in s. 90.502 and any record protected by the work
 1918  product privilege, including any record prepared by an
 1919  association attorney or prepared at the attorney’s express
 1920  direction which reflects a mental impression, conclusion,
 1921  litigation strategy, or legal theory of the attorney or the
 1922  association, and which was prepared exclusively for civil or
 1923  criminal litigation or for adversarial administrative
 1924  proceedings, or which was prepared in anticipation of such
 1925  litigation or proceedings until the conclusion of the litigation
 1926  or proceedings.
 1927         2. Information obtained by an association in connection
 1928  with the approval of the lease, sale, or other transfer of a
 1929  unit.
 1930         3. Personnel records of association or management company
 1931  employees, including, but not limited to, disciplinary, payroll,
 1932  health, and insurance records. For purposes of this
 1933  subparagraph, the term “personnel records” does not include
 1934  written employment agreements with an association employee or
 1935  management company, or budgetary or financial records that
 1936  indicate the compensation paid to an association employee.
 1937         4. Medical records of unit owners.
 1938         5. Social security numbers, driver license numbers, credit
 1939  card numbers, e-mail addresses, telephone numbers, facsimile
 1940  numbers, emergency contact information, addresses of a unit
 1941  owner other than as provided to fulfill the association’s notice
 1942  requirements, and other personal identifying information of any
 1943  person, excluding the person’s name, unit designation, mailing
 1944  address, property address, and any address, e-mail address, or
 1945  facsimile number provided to the association to fulfill the
 1946  association’s notice requirements. Notwithstanding the
 1947  restrictions in this subparagraph, an association may print and
 1948  distribute to unit parcel owners a directory containing the
 1949  name, unit parcel address, and all telephone numbers of each
 1950  unit parcel owner. However, an owner may exclude his or her
 1951  telephone numbers from the directory by so requesting in writing
 1952  to the association. An owner may consent in writing to the
 1953  disclosure of other contact information described in this
 1954  subparagraph. The association is not liable for the inadvertent
 1955  disclosure of information that is protected under this
 1956  subparagraph if the information is included in an official
 1957  record of the association and is voluntarily provided by an
 1958  owner and not requested by the association.
 1959         6. Electronic security measures that are used by the
 1960  association to safeguard data, including passwords.
 1961         7. The software and operating system used by the
 1962  association which allow the manipulation of data, even if the
 1963  owner owns a copy of the same software used by the association.
 1964  The data is part of the official records of the association.
 1965         Section 17. Paragraphs (b), (f), and (l) of subsection (1)
 1966  of section 719.106, Florida Statutes, are amended, and
 1967  subsection (3) is added to that section, to read:
 1968         719.106 Bylaws; cooperative ownership.—
 1969         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 1970  documents shall provide for the following, and if they do not,
 1971  they shall be deemed to include the following:
 1972         (b) Quorum; voting requirements; proxies.—
 1973         1. Unless otherwise provided in the bylaws, the percentage
 1974  of voting interests required to constitute a quorum at a meeting
 1975  of the members shall be a majority of voting interests, and
 1976  decisions shall be made by owners of a majority of the voting
 1977  interests. Unless otherwise provided in this chapter, or in the
 1978  articles of incorporation, bylaws, or other cooperative
 1979  documents, and except as provided in subparagraph (d)1.,
 1980  decisions shall be made by owners of a majority of the voting
 1981  interests represented at a meeting at which a quorum is present.
 1982         2. Except as specifically otherwise provided herein, after
 1983  January 1, 1992, unit owners may not vote by general proxy, but
 1984  may vote by limited proxies substantially conforming to a
 1985  limited proxy form adopted by the division. Limited proxies and
 1986  general proxies may be used to establish a quorum. Limited
 1987  proxies shall be used for votes taken to waive or reduce
 1988  reserves in accordance with subparagraph (j)2., for votes taken
 1989  to waive the financial reporting requirements of s.
 1990  719.104(4)(b), for votes taken to amend the articles of
 1991  incorporation or bylaws pursuant to this section, and for any
 1992  other matter for which this chapter requires or permits a vote
 1993  of the unit owners. Except as provided in paragraph (d), after
 1994  January 1, 1992, no proxy, limited or general, shall be used in
 1995  the election of board members. General proxies may be used for
 1996  other matters for which limited proxies are not required, and
 1997  may also be used in voting for nonsubstantive changes to items
 1998  for which a limited proxy is required and given. Notwithstanding
 1999  the provisions of this section, unit owners may vote in person
 2000  at unit owner meetings. Nothing contained herein shall limit the
 2001  use of general proxies or require the use of limited proxies or
 2002  require the use of limited proxies for any agenda item or
 2003  election at any meeting of a timeshare cooperative.
 2004         3. Any proxy given shall be effective only for the specific
 2005  meeting for which originally given and any lawfully adjourned
 2006  meetings thereof. In no event shall any proxy be valid for a
 2007  period longer than 90 days after the date of the first meeting
 2008  for which it was given. Every proxy shall be revocable at any
 2009  time at the pleasure of the unit owner executing it.
 2010         4. A member of the board of administration or a committee
 2011  may submit in writing his or her agreement or disagreement with
 2012  any action taken at a meeting that the member did not attend.
 2013  This agreement or disagreement may not be used as a vote for or
 2014  against the action taken and may not be used for the purposes of
 2015  creating a quorum.
 2016         5. A board member or committee member participating in a
 2017  meeting via telephone, real-time videoconferencing, or similar
 2018  real-time electronic or video communication counts toward a
 2019  quorum, and such member may vote as if physically present When
 2020  some or all of the board or committee members meet by telephone
 2021  conference, those board or committee members attending by
 2022  telephone conference may be counted toward obtaining a quorum
 2023  and may vote by telephone. A telephone speaker must shall be
 2024  used utilized so that the conversation of such those board or
 2025  committee members attending by telephone may be heard by the
 2026  board or committee members attending in person, as well as by
 2027  any unit owners present at a meeting.
 2028         (f) Recall of board members.—Subject to s. 719.301, any
 2029  member of the board of administration may be recalled and
 2030  removed from office with or without cause by the vote or
 2031  agreement in writing by a majority of all the voting interests.
 2032  A special meeting of the voting interests to recall any member
 2033  of the board of administration may be called by 10 percent of
 2034  the unit owners giving notice of the meeting as required for a
 2035  meeting of unit owners, and the notice shall state the purpose
 2036  of the meeting. Electronic transmission may not be used as a
 2037  method of giving notice of a meeting called in whole or in part
 2038  for this purpose.
 2039         1. If the recall is approved by a majority of all voting
 2040  interests by a vote at a meeting, the recall shall be effective
 2041  as provided in this paragraph. The board shall duly notice and
 2042  hold a board meeting within 5 full business days after the
 2043  adjournment of the unit owner meeting to recall one or more
 2044  board members. At the meeting, the board shall either certify
 2045  the recall, in which case such member or members shall be
 2046  recalled effective immediately and shall turn over to the board
 2047  within 5 full business days any and all records and property of
 2048  the association in their possession, or shall proceed as set
 2049  forth in subparagraph 3.
 2050         2. If the proposed recall is by an agreement in writing by
 2051  a majority of all voting interests, the agreement in writing or
 2052  a copy thereof shall be served on the association by certified
 2053  mail or by personal service in the manner authorized by chapter
 2054  48 and the Florida Rules of Civil Procedure. The board of
 2055  administration shall duly notice and hold a meeting of the board
 2056  within 5 full business days after receipt of the agreement in
 2057  writing. At the meeting, the board shall either certify the
 2058  written agreement to recall members of the board, in which case
 2059  such members shall be recalled effective immediately and shall
 2060  turn over to the board, within 5 full business days, any and all
 2061  records and property of the association in their possession, or
 2062  proceed as described in subparagraph 3.
 2063         3. If the board determines not to certify the written
 2064  agreement to recall members of the board, or does not certify
 2065  the recall by a vote at a meeting, the board shall, within 5
 2066  full business days after the board meeting, file with the
 2067  division a petition for binding arbitration under pursuant to
 2068  the procedures of s. 719.1255 or file an action with a court of
 2069  competent jurisdiction. For purposes of this paragraph, the unit
 2070  owners who voted at the meeting or who executed the agreement in
 2071  writing shall constitute one party under the petition for
 2072  arbitration or in a court action. If the arbitrator or court
 2073  certifies the recall as to any member of the board, the recall
 2074  is shall be effective upon the mailing of the final order of
 2075  arbitration to the association or the final order of the court.
 2076  If the association fails to comply with the order of the court
 2077  or the arbitrator, the division may take action under pursuant
 2078  to s. 719.501. Any member so recalled shall deliver to the board
 2079  any and all records and property of the association in the
 2080  member’s possession within 5 full business days after the
 2081  effective date of the recall.
 2082         4. If the board fails to duly notice and hold a board
 2083  meeting within 5 full business days after service of an
 2084  agreement in writing or within 5 full business days after the
 2085  adjournment of the unit owner recall meeting, the recall is
 2086  shall be deemed effective and the board members so recalled
 2087  shall immediately turn over to the board any and all records and
 2088  property of the association.
 2089         5. If the board fails to duly notice and hold the required
 2090  meeting or fails to file the required petition or action, the
 2091  unit owner representative may file a petition under pursuant to
 2092  s. 719.1255 or file an action in a court of competent
 2093  jurisdiction challenging the board’s failure to act. The
 2094  petition or action must be filed within 60 days after the
 2095  expiration of the applicable 5-full-business-day period. The
 2096  review of a petition or action under this subparagraph is
 2097  limited to the sufficiency of service on the board and the
 2098  facial validity of the written agreement or ballots filed.
 2099         6. If a vacancy occurs on the board as a result of a recall
 2100  and less than a majority of the board members are removed, the
 2101  vacancy may be filled by the affirmative vote of a majority of
 2102  the remaining directors, notwithstanding any provision to the
 2103  contrary contained in this chapter. If vacancies occur on the
 2104  board as a result of a recall and a majority or more of the
 2105  board members are removed, the vacancies shall be filled in
 2106  accordance with procedural rules to be adopted by the division,
 2107  which rules need not be consistent with this chapter. The rules
 2108  must provide procedures governing the conduct of the recall
 2109  election as well as the operation of the association during the
 2110  period after a recall but before the recall election.
 2111         7. A board member who has been recalled may file a petition
 2112  under pursuant to s. 719.1255 or file an action in a court of
 2113  competent jurisdiction challenging the validity of the recall.
 2114  The petition or action must be filed within 60 days after the
 2115  recall is deemed certified. The association and the unit owner
 2116  representative shall be named as the respondents.
 2117         8. The division or court may not accept for filing a recall
 2118  petition or action, whether filed under pursuant to subparagraph
 2119  1., subparagraph 2., subparagraph 5., or subparagraph 7. and
 2120  regardless of whether the recall was certified, when there are
 2121  60 or fewer days until the scheduled reelection of the board
 2122  member sought to be recalled or when 60 or fewer days have not
 2123  elapsed since the election of the board member sought to be
 2124  recalled.
 2125         (l) Alternative dispute resolution Arbitration.—There shall
 2126  be a provision for alternative dispute resolution mandatory
 2127  nonbinding arbitration of internal disputes arising from the
 2128  operation of the cooperative in accordance with s. 719.1255.
 2129         (3) GENERALLY.—The association may extinguish a
 2130  discriminatory restriction as provided under s. 712.065.
 2131         Section 18. Section 719.128, Florida Statutes, is amended
 2132  to read:
 2133         719.128 Association emergency powers.—
 2134         (1) To the extent allowed by law, unless specifically
 2135  prohibited by the cooperative documents, and consistent with s.
 2136  617.0830, the board of administration, in response to damage or
 2137  injury caused by or anticipated in connection with an emergency,
 2138  as defined in s. 252.34(4), event for which a state of emergency
 2139  is declared pursuant to s. 252.36 in the area encompassed by the
 2140  cooperative, may exercise the following powers:
 2141         (a) Conduct board meetings, committee meetings, elections,
 2142  or membership meetings, in whole or in part, by telephone, real
 2143  time videoconferencing, or similar real-time electronic or video
 2144  communication after notice of the meetings and board decisions
 2145  is provided in as practicable a manner as possible, including
 2146  via publication, radio, United States mail, the Internet,
 2147  electronic transmission, public service announcements,
 2148  conspicuous posting on the cooperative property, or any other
 2149  means the board deems appropriate under the circumstances.
 2150  Notice of decisions may also be communicated as provided in this
 2151  paragraph.
 2152         (b) Cancel and reschedule an association meeting.
 2153         (c) Designate assistant officers who are not directors. If
 2154  the executive officer is incapacitated or unavailable, the
 2155  assistant officer has the same authority during the state of
 2156  emergency as the executive officer he or she assists.
 2157         (d) Relocate the association’s principal office or
 2158  designate an alternative principal office.
 2159         (e) Enter into agreements with counties and municipalities
 2160  to assist counties and municipalities with debris removal.
 2161         (f) Implement a disaster or an emergency plan before,
 2162  during, or immediately following the event for which a state of
 2163  emergency is declared, which may include turning on or shutting
 2164  off elevators; electricity; water, sewer, or security systems;
 2165  or air conditioners for association buildings.
 2166         (g) Based upon the advice of emergency management officials
 2167  or public health officials, or upon the advice of licensed
 2168  professionals retained by or otherwise available to the board of
 2169  administration, determine any portion of the cooperative
 2170  property unavailable for entry or occupancy by unit owners or
 2171  their family members, tenants, guests, agents, or invitees to
 2172  protect their health, safety, or welfare.
 2173         (h) Based upon the advice of emergency management officials
 2174  or public health officials, or upon the advice of licensed
 2175  professionals retained by or otherwise available to the board of
 2176  administration, determine whether the cooperative property or
 2177  any portion thereof can be safely inhabited or occupied.
 2178  However, such determination is not conclusive as to any
 2179  determination of habitability pursuant to the cooperative
 2180  documents declaration.
 2181         (i) Require the evacuation of the cooperative property in
 2182  the event of a mandatory evacuation order in the area where the
 2183  cooperative is located or prohibit or restrict access to the
 2184  cooperative property in the event of a public health threat. If
 2185  a unit owner or other occupant of a cooperative fails to
 2186  evacuate the cooperative property for which the board has
 2187  required evacuation, the association is immune from liability
 2188  for injury to persons or property arising from such failure.
 2189         (j) Mitigate further damage, injury, or contagion,
 2190  including taking action to contract for the removal of debris
 2191  and to prevent or mitigate the spread of fungus, including mold
 2192  or mildew, by removing and disposing of wet drywall, insulation,
 2193  carpet, cabinetry, or other fixtures on or within the
 2194  cooperative property, regardless of whether the unit owner is
 2195  obligated by the cooperative documents declaration or law to
 2196  insure or replace those fixtures and to remove personal property
 2197  from a unit or to sanitize the cooperative property.
 2198         (k) Contract, on behalf of a unit owner, for items or
 2199  services for which the owner is otherwise individually
 2200  responsible, but which are necessary to prevent further injury,
 2201  contagion, or damage to the cooperative property. In such event,
 2202  the unit owner on whose behalf the board has contracted is
 2203  responsible for reimbursing the association for the actual costs
 2204  of the items or services, and the association may use its lien
 2205  authority provided by s. 719.108 to enforce collection of the
 2206  charges. Such items or services may include the drying of the
 2207  unit, the boarding of broken windows or doors, and the
 2208  replacement of a damaged air conditioner or air handler to
 2209  provide climate control in the unit or other portions of the
 2210  property, and the sanitizing of the cooperative property.
 2211         (l) Notwithstanding a provision to the contrary, and
 2212  regardless of whether such authority does not specifically
 2213  appear in the cooperative documents, levy special assessments
 2214  without a vote of the owners.
 2215         (m) Without unit owners’ approval, borrow money and pledge
 2216  association assets as collateral to fund emergency repairs and
 2217  carry out the duties of the association if operating funds are
 2218  insufficient. This paragraph does not limit the general
 2219  authority of the association to borrow money, subject to such
 2220  restrictions contained in the cooperative documents.
 2221         (2) The authority granted under subsection (1) is limited
 2222  to that time reasonably necessary to protect the health, safety,
 2223  and welfare of the association and the unit owners and their
 2224  family members, tenants, guests, agents, or invitees, and to
 2225  mitigate further damage, injury, or contagion and make emergency
 2226  repairs.
 2227         (3)Notwithstanding paragraphs (1)(f)-(i), during a state
 2228  of emergency declared by executive order or proclamation of the
 2229  Governor pursuant to s. 252.36, an association may not prohibit
 2230  unit owners, tenants, guests, agents, or invitees of a unit
 2231  owner from accessing the common elements and limited common
 2232  elements appurtenant thereto for the purposes of ingress to and
 2233  egress from the unit when access is necessary in connection
 2234  with:
 2235         (a)The sale, lease, or other transfer of title of a unit;
 2236  or
 2237         (b)The habitability of the unit or for the health and
 2238  safety of such person unless a governmental order or
 2239  determination, or a public health directive from the Centers for
 2240  Disease Control and Prevention, has been issued prohibiting such
 2241  access to the unit. Any such access is subject to reasonable
 2242  restrictions adopted by the association.
 2243         Section 19. Subsection (8) of section 720.301, Florida
 2244  Statutes, is amended to read:
 2245         720.301 Definitions.—As used in this chapter, the term:
 2246         (8) “Governing documents” means:
 2247         (a) The recorded declaration of covenants for a community
 2248  and all duly adopted and recorded amendments, supplements, and
 2249  recorded exhibits thereto; and
 2250         (b) The articles of incorporation and bylaws of the
 2251  homeowners’ association and any duly adopted amendments thereto;
 2252  and
 2253         (c) Rules and regulations adopted under the authority of
 2254  the recorded declaration, articles of incorporation, or bylaws
 2255  and duly adopted amendments thereto.
 2256         Section 20. Present paragraph (l) of subsection (4) of
 2257  section 720.303, Florida Statutes, is redesignated as paragraph
 2258  (m) and amended, a new paragraph (l) is added to that
 2259  subsection, paragraph (i) is added to subsection (6) of that
 2260  section, and paragraph (c) of subsection (2), paragraph (c) of
 2261  subsection (5), paragraphs (c) and (d) of subsection (6), and
 2262  paragraphs (b), (d), (g), (k), and (l) of subsection (10) of
 2263  that section are amended, to read:
 2264         720.303 Association powers and duties; meetings of board;
 2265  official records; budgets; financial reporting; association
 2266  funds; recalls.—
 2267         (2) BOARD MEETINGS.—
 2268         (c) The bylaws shall provide the following for giving
 2269  notice to parcel owners and members of all board meetings and,
 2270  if they do not do so, shall be deemed to include the following:
 2271         1. Notices of all board meetings must be posted in a
 2272  conspicuous place in the community at least 48 hours in advance
 2273  of a meeting, except in an emergency. In the alternative, if
 2274  notice is not posted in a conspicuous place in the community,
 2275  notice of each board meeting must be mailed or delivered to each
 2276  member at least 7 days before the meeting, except in an
 2277  emergency. Notwithstanding this general notice requirement, for
 2278  communities with more than 100 members, the association bylaws
 2279  may provide for a reasonable alternative to posting or mailing
 2280  of notice for each board meeting, including publication of
 2281  notice, provision of a schedule of board meetings, or the
 2282  conspicuous posting and repeated broadcasting of the notice on a
 2283  closed-circuit cable television system serving the homeowners’
 2284  association. However, if broadcast notice is used in lieu of a
 2285  notice posted physically in the community, the notice must be
 2286  broadcast at least four times every broadcast hour of each day
 2287  that a posted notice is otherwise required. When broadcast
 2288  notice is provided, the notice and agenda must be broadcast in a
 2289  manner and for a sufficient continuous length of time so as to
 2290  allow an average reader to observe the notice and read and
 2291  comprehend the entire content of the notice and the agenda. In
 2292  addition to any of the authorized means of providing notice of a
 2293  meeting of the board, the association may, by rule, adopt a
 2294  procedure for conspicuously posting the meeting notice and the
 2295  agenda on the association’s website or an application that can
 2296  be downloaded on a mobile device for at least the minimum period
 2297  of time for which a notice of a meeting is also required to be
 2298  physically posted on the association property. Any rule adopted
 2299  must, in addition to other matters, include a requirement that
 2300  the association send an electronic notice to members whose e
 2301  mail addresses are included in the association’s official
 2302  records in the same manner as is required for a notice of a
 2303  meeting of the members. Such notice must include a hyperlink to
 2304  the website or such mobile application on which the meeting
 2305  notice is posted. The association may provide notice by
 2306  electronic transmission in a manner authorized by law for
 2307  meetings of the board of directors, committee meetings requiring
 2308  notice under this section, and annual and special meetings of
 2309  the members to any member who has provided a facsimile number or
 2310  e-mail address to the association to be used for such purposes;
 2311  however, a member must consent in writing to receiving notice by
 2312  electronic transmission.
 2313         2. An assessment may not be levied at a board meeting
 2314  unless the notice of the meeting includes a statement that
 2315  assessments will be considered and the nature of the
 2316  assessments. Written notice of any meeting at which special
 2317  assessments will be considered or at which amendments to rules
 2318  regarding parcel use will be considered must be mailed,
 2319  delivered, or electronically transmitted to the members and
 2320  parcel owners and posted conspicuously on the property or
 2321  broadcast on closed-circuit cable television not less than 14
 2322  days before the meeting.
 2323         3. Directors may not vote by proxy or by secret ballot at
 2324  board meetings, except that secret ballots may be used in the
 2325  election of officers. This subsection also applies to the
 2326  meetings of any committee or other similar body, when a final
 2327  decision will be made regarding the expenditure of association
 2328  funds, and to any body vested with the power to approve or
 2329  disapprove architectural decisions with respect to a specific
 2330  parcel of residential property owned by a member of the
 2331  community.
 2332         (4) OFFICIAL RECORDS.—The association shall maintain each
 2333  of the following items, when applicable, which constitute the
 2334  official records of the association:
 2335         (l) Ballots, sign-in sheets, voting proxies, and all other
 2336  papers and electronic records relating to voting by parcel
 2337  owners, which must be maintained for at least 1 year after the
 2338  date of the election, vote, or meeting.
 2339         (m)(l) All other written records of the association not
 2340  specifically included in this subsection the foregoing which are
 2341  related to the operation of the association.
 2342         (5) INSPECTION AND COPYING OF RECORDS.—The official records
 2343  shall be maintained within the state for at least 7 years and
 2344  shall be made available to a parcel owner for inspection or
 2345  photocopying within 45 miles of the community or within the
 2346  county in which the association is located within 10 business
 2347  days after receipt by the board or its designee of a written
 2348  request. This subsection may be complied with by having a copy
 2349  of the official records available for inspection or copying in
 2350  the community or, at the option of the association, by making
 2351  the records available to a parcel owner electronically via the
 2352  Internet or by allowing the records to be viewed in electronic
 2353  format on a computer screen and printed upon request. If the
 2354  association has a photocopy machine available where the records
 2355  are maintained, it must provide parcel owners with copies on
 2356  request during the inspection if the entire request is limited
 2357  to no more than 25 pages. An association shall allow a member or
 2358  his or her authorized representative to use a portable device,
 2359  including a smartphone, tablet, portable scanner, or any other
 2360  technology capable of scanning or taking photographs, to make an
 2361  electronic copy of the official records in lieu of the
 2362  association’s providing the member or his or her authorized
 2363  representative with a copy of such records. The association may
 2364  not charge a fee to a member or his or her authorized
 2365  representative for the use of a portable device.
 2366         (c) The association may adopt reasonable written rules
 2367  governing the frequency, time, location, notice, records to be
 2368  inspected, and manner of inspections, but may not require a
 2369  parcel owner to demonstrate any proper purpose for the
 2370  inspection, state any reason for the inspection, or limit a
 2371  parcel owner’s right to inspect records to less than one 8-hour
 2372  business day per month. The association may impose fees to cover
 2373  the costs of providing copies of the official records, including
 2374  the costs of copying and the costs required for personnel to
 2375  retrieve and copy the records if the time spent retrieving and
 2376  copying the records exceeds one-half hour and if the personnel
 2377  costs do not exceed $20 per hour. Personnel costs may not be
 2378  charged for records requests that result in the copying of 25 or
 2379  fewer pages. The association may charge up to 25 cents per page
 2380  for copies made on the association’s photocopier. If the
 2381  association does not have a photocopy machine available where
 2382  the records are kept, or if the records requested to be copied
 2383  exceed 25 pages in length, the association may have copies made
 2384  by an outside duplicating service and may charge the actual cost
 2385  of copying, as supported by the vendor invoice. The association
 2386  shall maintain an adequate number of copies of the recorded
 2387  governing documents, to ensure their availability to members and
 2388  prospective members. Notwithstanding this paragraph, the
 2389  following records are not accessible to members or parcel
 2390  owners:
 2391         1. Any record protected by the lawyer-client privilege as
 2392  described in s. 90.502 and any record protected by the work
 2393  product privilege, including, but not limited to, a record
 2394  prepared by an association attorney or prepared at the
 2395  attorney’s express direction which reflects a mental impression,
 2396  conclusion, litigation strategy, or legal theory of the attorney
 2397  or the association and which was prepared exclusively for civil
 2398  or criminal litigation or for adversarial administrative
 2399  proceedings or which was prepared in anticipation of such
 2400  litigation or proceedings until the conclusion of the litigation
 2401  or proceedings.
 2402         2. Information obtained by an association in connection
 2403  with the approval of the lease, sale, or other transfer of a
 2404  parcel.
 2405         3. Information an association obtains in a gated community
 2406  in connection with guests’ visits to parcel owners or community
 2407  residents.
 2408         4. Personnel records of association or management company
 2409  employees, including, but not limited to, disciplinary, payroll,
 2410  health, and insurance records. For purposes of this
 2411  subparagraph, the term “personnel records” does not include
 2412  written employment agreements with an association or management
 2413  company employee or budgetary or financial records that indicate
 2414  the compensation paid to an association or management company
 2415  employee.
 2416         5.4. Medical records of parcel owners or community
 2417  residents.
 2418         6.5. Social security numbers, driver license numbers,
 2419  credit card numbers, electronic mailing addresses, telephone
 2420  numbers, facsimile numbers, emergency contact information, any
 2421  addresses for a parcel owner other than as provided for
 2422  association notice requirements, and other personal identifying
 2423  information of any person, excluding the person’s name, parcel
 2424  designation, mailing address, and property address.
 2425  Notwithstanding the restrictions in this subparagraph, an
 2426  association may print and distribute to parcel owners a
 2427  directory containing the name, parcel address, and all telephone
 2428  numbers of each parcel owner. However, an owner may exclude his
 2429  or her telephone numbers from the directory by so requesting in
 2430  writing to the association. An owner may consent in writing to
 2431  the disclosure of other contact information described in this
 2432  subparagraph. The association is not liable for the disclosure
 2433  of information that is protected under this subparagraph if the
 2434  information is included in an official record of the association
 2435  and is voluntarily provided by an owner and not requested by the
 2436  association.
 2437         7.6. Any electronic security measure that is used by the
 2438  association to safeguard data, including passwords.
 2439         8.7. The software and operating system used by the
 2440  association which allows the manipulation of data, even if the
 2441  owner owns a copy of the same software used by the association.
 2442  The data is part of the official records of the association.
 2443         (6) BUDGETS.—
 2444         (c)1. If the budget of the association does not provide for
 2445  reserve accounts under pursuant to paragraph (d), or the
 2446  declaration of covenants, articles, or bylaws do not obligate
 2447  the developer to create reserves, and the association is
 2448  responsible for the repair and maintenance of capital
 2449  improvements that may result in a special assessment if reserves
 2450  are not provided or not fully funded, each financial report for
 2451  the preceding fiscal year required by subsection (7) must
 2452  contain the following statement in conspicuous type:
 2453  
 2454  THE BUDGET OF THE ASSOCIATION DOES NOT PROVIDE FOR FULLY FUNDED
 2455  RESERVE ACCOUNTS FOR CAPITAL EXPENDITURES AND DEFERRED
 2456  MAINTENANCE THAT MAY RESULT IN SPECIAL ASSESSMENTS REGARDING
 2457  THOSE ITEMS. OWNERS MAY ELECT TO PROVIDE FOR FULLY FUNDED
 2458  RESERVE ACCOUNTS UNDER PURSUANT TO SECTION 720.303(6), FLORIDA
 2459  STATUTES, UPON OBTAINING THE APPROVAL OF A MAJORITY OF THE TOTAL
 2460  VOTING INTERESTS OF THE ASSOCIATION BY VOTE OF THE MEMBERS AT A
 2461  MEETING OR BY WRITTEN CONSENT.
 2462         2. If the budget of the association does provide for
 2463  funding accounts for deferred expenditures, including, but not
 2464  limited to, funds for capital expenditures and deferred
 2465  maintenance, but such accounts are not created or established
 2466  under pursuant to paragraph (d), each financial report for the
 2467  preceding fiscal year required under subsection (7) must also
 2468  contain the following statement in conspicuous type:
 2469  THE BUDGET OF THE ASSOCIATION PROVIDES FOR LIMITED VOLUNTARY
 2470  DEFERRED EXPENDITURE ACCOUNTS, INCLUDING CAPITAL EXPENDITURES
 2471  AND DEFERRED MAINTENANCE, SUBJECT TO LIMITS ON FUNDING CONTAINED
 2472  IN OUR GOVERNING DOCUMENTS. BECAUSE THE OWNERS HAVE NOT ELECTED
 2473  TO PROVIDE FOR RESERVE ACCOUNTS UNDER PURSUANT TO SECTION
 2474  720.303(6), FLORIDA STATUTES, THESE FUNDS ARE NOT SUBJECT TO THE
 2475  RESTRICTIONS ON USE OF SUCH FUNDS SET FORTH IN THAT STATUTE, NOR
 2476  ARE RESERVES CALCULATED IN ACCORDANCE WITH THAT STATUTE.
 2477         (d) An association is deemed to have provided for reserve
 2478  accounts if reserve accounts have been initially established by
 2479  the developer or if the membership of the association
 2480  affirmatively elects to provide for reserves. If reserve
 2481  accounts are established by the developer, the budget must
 2482  designate the components for which the reserve accounts may be
 2483  used. If reserve accounts are not initially provided by the
 2484  developer, the membership of the association may elect to do so
 2485  upon the affirmative approval of a majority of the total voting
 2486  interests of the association. Such approval may be obtained by
 2487  vote of the members at a duly called meeting of the membership
 2488  or by the written consent of a majority of the total voting
 2489  interests of the association. The approval action of the
 2490  membership must state that reserve accounts shall be provided
 2491  for in the budget and must designate the components for which
 2492  the reserve accounts are to be established. Upon approval by the
 2493  membership, the board of directors shall include the required
 2494  reserve accounts in the budget in the next fiscal year following
 2495  the approval and each year thereafter. Once established as
 2496  provided in this subsection, the reserve accounts must be funded
 2497  or maintained or have their funding waived in the manner
 2498  provided in paragraph (f).
 2499         (i)1.While a developer is in control of a homeowners’
 2500  association, the developer may, but is not required to, include
 2501  reserves in the budget. If the developer includes reserves in
 2502  the budget, the developer may determine the amount of reserves
 2503  included. The developer is not obligated to pay for:
 2504         a.Contributions to reserve accounts for capital
 2505  expenditures and deferred maintenance, as well as any other
 2506  reserves that the homeowners association or the developer may
 2507  be required to fund pursuant to any state, municipal, county, or
 2508  other governmental statute or ordinance;
 2509         b.Operating expenses; or
 2510         c.Any other assessments related to the developer’s parcels
 2511  for any period of time for which the developer has provided in
 2512  the declaration that in lieu of paying any assessments imposed
 2513  on any parcel owned by the developer, the developer need only
 2514  pay the deficit, if any, in any fiscal year of the association,
 2515  between the total amount of the assessments receivable from
 2516  other members plus any other association income and the lesser
 2517  of the budgeted or actual expenses incurred by the association
 2518  during such fiscal year.
 2519         2.This paragraph applies to all homeowners’ associations
 2520  existing on or created after July 1, 2021.
 2521         (10) RECALL OF DIRECTORS.—
 2522         (b)1. Board directors may be recalled by an agreement in
 2523  writing or by written ballot without a membership meeting. The
 2524  agreement in writing or the written ballots, or a copy thereof,
 2525  shall be served on the association by certified mail or by
 2526  personal service in the manner authorized by chapter 48 and the
 2527  Florida Rules of Civil Procedure.
 2528         2. The board shall duly notice and hold a meeting of the
 2529  board within 5 full business days after receipt of the agreement
 2530  in writing or written ballots. At the meeting, the board shall
 2531  either certify the written ballots or written agreement to
 2532  recall a director or directors of the board, in which case such
 2533  director or directors shall be recalled effective immediately
 2534  and shall turn over to the board within 5 full business days any
 2535  and all records and property of the association in their
 2536  possession, or proceed as described in paragraph (d).
 2537         3. When it is determined by the department pursuant to
 2538  binding arbitration proceedings or the court in an action filed
 2539  in a court of competent jurisdiction that an initial recall
 2540  effort was defective, written recall agreements or written
 2541  ballots used in the first recall effort and not found to be
 2542  defective may be reused in one subsequent recall effort.
 2543  However, in no event is a written agreement or written ballot
 2544  valid for more than 120 days after it has been signed by the
 2545  member.
 2546         4. Any rescission or revocation of a member’s written
 2547  recall ballot or agreement must be in writing and, in order to
 2548  be effective, must be delivered to the association before the
 2549  association is served with the written recall agreements or
 2550  ballots.
 2551         5. The agreement in writing or ballot shall list at least
 2552  as many possible replacement directors as there are directors
 2553  subject to the recall, when at least a majority of the board is
 2554  sought to be recalled; the person executing the recall
 2555  instrument may vote for as many replacement candidates as there
 2556  are directors subject to the recall.
 2557         (d) If the board determines not to certify the written
 2558  agreement or written ballots to recall a director or directors
 2559  of the board or does not certify the recall by a vote at a
 2560  meeting, the board shall, within 5 full business days after the
 2561  meeting, file an action with a court of competent jurisdiction
 2562  or file with the department a petition for binding arbitration
 2563  under pursuant to the applicable procedures in ss. 718.112(2)(j)
 2564  and 718.1255 and the rules adopted thereunder. For the purposes
 2565  of this section, the members who voted at the meeting or who
 2566  executed the agreement in writing shall constitute one party
 2567  under the petition for arbitration or in a court action. If the
 2568  arbitrator or court certifies the recall as to any director or
 2569  directors of the board, the recall will be effective upon the
 2570  final order of the court or the mailing of the final order of
 2571  arbitration to the association. The director or directors so
 2572  recalled shall deliver to the board any and all records of the
 2573  association in their possession within 5 full business days
 2574  after the effective date of the recall.
 2575         (g) If the board fails to duly notice and hold the required
 2576  meeting or fails to file the required petition or action, the
 2577  parcel unit owner representative may file a petition or a court
 2578  action under pursuant to s. 718.1255 challenging the board’s
 2579  failure to act. The petition or action must be filed within 60
 2580  days after the expiration of the applicable 5-full-business-day
 2581  period. The review of a petition or action under this paragraph
 2582  is limited to the sufficiency of service on the board and the
 2583  facial validity of the written agreement or ballots filed.
 2584         (k) A board member who has been recalled may file an action
 2585  with a court of competent jurisdiction or a petition under
 2586  pursuant to ss. 718.112(2)(j) and 718.1255 and the rules adopted
 2587  challenging the validity of the recall. The petition or action
 2588  must be filed within 60 days after the recall is deemed
 2589  certified. The association and the parcel unit owner
 2590  representative shall be named as respondents.
 2591         (l) The division or a court of competent jurisdiction may
 2592  not accept for filing a recall petition or action, whether filed
 2593  under pursuant to paragraph (b), paragraph (c), paragraph (g),
 2594  or paragraph (k) and regardless of whether the recall was
 2595  certified, when there are 60 or fewer days until the scheduled
 2596  reelection of the board member sought to be recalled or when 60
 2597  or fewer days have not elapsed since the election of the board
 2598  member sought to be recalled.
 2599         Section 21. Subsection (2) of section 720.305, Florida
 2600  Statutes, is amended to read:
 2601         720.305 Obligations of members; remedies at law or in
 2602  equity; levy of fines and suspension of use rights.—
 2603         (2) An The association may levy reasonable fines. A fine
 2604  may not exceed $100 per violation against any member or any
 2605  member’s tenant, guest, or invitee for the failure of the owner
 2606  of the parcel or its occupant, licensee, or invitee to comply
 2607  with any provision of the declaration, the association bylaws,
 2608  or reasonable rules of the association unless otherwise provided
 2609  in the governing documents. A fine may be levied by the board
 2610  for each day of a continuing violation, with a single notice and
 2611  opportunity for hearing, except that the fine may not exceed
 2612  $1,000 in the aggregate unless otherwise provided in the
 2613  governing documents. A fine of less than $1,000 may not become a
 2614  lien against a parcel. In any action to recover a fine, the
 2615  prevailing party is entitled to reasonable attorney fees and
 2616  costs from the nonprevailing party as determined by the court.
 2617         (a) An association may suspend, for a reasonable period of
 2618  time, the right of a member, or a member’s tenant, guest, or
 2619  invitee, to use common areas and facilities for the failure of
 2620  the owner of the parcel or its occupant, licensee, or invitee to
 2621  comply with any provision of the declaration, the association
 2622  bylaws, or reasonable rules of the association. This paragraph
 2623  does not apply to that portion of common areas used to provide
 2624  access or utility services to the parcel. A suspension may not
 2625  prohibit an owner or tenant of a parcel from having vehicular
 2626  and pedestrian ingress to and egress from the parcel, including,
 2627  but not limited to, the right to park.
 2628         (b) A fine or suspension levied by the board of
 2629  administration may not be imposed unless the board first
 2630  provides at least 14 days’ notice to the parcel owner and, if
 2631  applicable, any occupant, licensee, or invitee of the parcel
 2632  owner, sought to be fined or suspended and an opportunity for a
 2633  hearing before a committee of at least three members appointed
 2634  by the board who are not officers, directors, or employees of
 2635  the association, or the spouse, parent, child, brother, or
 2636  sister of an officer, director, or employee. If the committee,
 2637  by majority vote, does not approve a proposed fine or
 2638  suspension, the proposed fine or suspension may not be imposed.
 2639  The role of the committee is limited to determining whether to
 2640  confirm or reject the fine or suspension levied by the board. If
 2641  the proposed fine or suspension levied by the board is approved
 2642  by the committee, the fine payment is due 5 days after notice of
 2643  the approved fine is provided to the parcel owner and, if
 2644  applicable, to any occupant, licensee, or invitee of the parcel
 2645  owner the date of the committee meeting at which the fine is
 2646  approved. The association must provide written notice of such
 2647  fine or suspension by mail or hand delivery to the parcel owner
 2648  and, if applicable, to any occupant tenant, licensee, or invitee
 2649  of the parcel owner.
 2650         Section 22. Paragraph (g) of subsection (1) and paragraph
 2651  (c) of subsection (9) of section 720.306, Florida Statutes, are
 2652  amended, and paragraph (h) is added to subsection (1) of that
 2653  section, to read:
 2654         720.306 Meetings of members; voting and election
 2655  procedures; amendments.—
 2656         (1) QUORUM; AMENDMENTS.—
 2657         (g) A notice required under this section must be mailed or
 2658  delivered to the address identified as the parcel owner’s
 2659  mailing address in the official records of the association as
 2660  required under s. 720.303(4) on the property appraiser’s website
 2661  for the county in which the parcel is located, or electronically
 2662  transmitted in a manner authorized by the association if the
 2663  parcel owner has consented, in writing, to receive notice by
 2664  electronic transmission.
 2665         (h)1. Except as provided herein, an amendment to a
 2666  governing document, rule, or regulation enacted after July 1,
 2667  2021, which prohibits a parcel owner from renting his or her
 2668  parcel, alters the authorized duration of a rental term, or
 2669  specifies or limits the number of times that a parcel owner may
 2670  rent his or her parcel during a specified period, applies only
 2671  to a parcel owner who consents, individually or through a
 2672  representative, to the amendment, and to parcel owners who
 2673  acquire title to a parcel after the effective date of the
 2674  amendment.
 2675         2. Notwithstanding subparagraph 1., an association may
 2676  amend its governing documents to prohibit or regulate rental
 2677  durations that are for terms of less than 6 months and to
 2678  prohibit a parcel owner from renting his or parcel more than
 2679  three times in a calendar year. Such amendments apply to all
 2680  parcel owners.
 2681         3. This paragraph does not affect the amendment
 2682  restrictions for associations of 15 or fewer parcel owners as
 2683  provided in s. 720.303(1).
 2684         4. For purposes of this paragraph, a change of ownership
 2685  does not occur when a parcel owner conveys the parcel to an
 2686  affiliated entity, when beneficial ownership of the parcel does
 2687  not change, or when an heir becomes a parcel owner. For purposes
 2688  of this paragraph, the term “affiliated entity” means an entity
 2689  that controls, is controlled by, or is under common control with
 2690  the parcel owner or that becomes a parent or successor entity by
 2691  reason of transfer, merger, consolidation, public offering,
 2692  reorganization, dissolution or sale of stock, or transfer of
 2693  membership partnership interests. For a conveyance to be
 2694  recognized as one made to an affiliated entity, the entity must
 2695  furnish the association a document certifying that this
 2696  paragraph applies, as well as providing any organizational
 2697  documents for the parcel owner and the affiliated entity that
 2698  support the representations in the certificate, as requested by
 2699  the association.
 2700         (9) ELECTIONS AND BOARD VACANCIES.—
 2701         (c) Any election dispute between a member and an
 2702  association must be submitted to mandatory binding arbitration
 2703  with the division or filed with a court of competent
 2704  jurisdiction. Such proceedings that are submitted to binding
 2705  arbitration with the division must be conducted in the manner
 2706  provided by s. 718.1255 and the procedural rules adopted by the
 2707  division. Unless otherwise provided in the bylaws, any vacancy
 2708  occurring on the board before the expiration of a term may be
 2709  filled by an affirmative vote of the majority of the remaining
 2710  directors, even if the remaining directors constitute less than
 2711  a quorum, or by the sole remaining director. In the alternative,
 2712  a board may hold an election to fill the vacancy, in which case
 2713  the election procedures must conform to the requirements of the
 2714  governing documents. Unless otherwise provided in the bylaws, a
 2715  board member appointed or elected under this section is
 2716  appointed for the unexpired term of the seat being filled.
 2717  Filling vacancies created by recall is governed by s.
 2718  720.303(10) and rules adopted by the division.
 2719         Section 23. Subsections (1) and (2) of section 720.307,
 2720  Florida Statutes, are amended to read:
 2721         720.307 Transition of association control in a community.
 2722  With respect to homeowners’ associations:
 2723         (1) Members other than the developer are entitled to elect
 2724  at least a majority of the members of the board of directors of
 2725  the homeowners’ association when the earlier of the following
 2726  events occurs:
 2727         (a) Three months after 90 percent of the parcels in all
 2728  phases of the community that will ultimately be operated by the
 2729  homeowners’ association have been conveyed to members other than
 2730  the developer;
 2731         (b) Such other percentage of the parcels has been conveyed
 2732  to members, or such other date or event has occurred, as is set
 2733  forth in the governing documents in order to comply with the
 2734  requirements of any governmentally chartered entity with regard
 2735  to the mortgage financing of parcels;
 2736         (c) Upon the developer abandoning or deserting its
 2737  responsibility to maintain and complete the amenities or
 2738  infrastructure as disclosed in the governing documents. There is
 2739  a rebuttable presumption that the developer has abandoned and
 2740  deserted the property if the developer has unpaid assessments or
 2741  guaranteed amounts under s. 720.308 for a period of more than 2
 2742  years;
 2743         (d) Upon the developer filing a petition seeking protection
 2744  under chapter 7 of the federal Bankruptcy Code;
 2745         (e) Upon the developer losing title to the property through
 2746  a foreclosure action or the transfer of a deed in lieu of
 2747  foreclosure, unless the successor owner has accepted an
 2748  assignment of developer rights and responsibilities first
 2749  arising after the date of such assignment; or
 2750         (f) Upon a receiver for the developer being appointed by a
 2751  circuit court and not being discharged within 30 days after such
 2752  appointment, unless the court determines within 30 days after
 2753  such appointment that transfer of control would be detrimental
 2754  to the association or its members.
 2755  
 2756  For purposes of this section, the term “members other than the
 2757  developer” shall not include builders, contractors, or others
 2758  who purchase a parcel for the purpose of constructing
 2759  improvements thereon for resale.
 2760         (2) Members other than the developer are entitled to elect
 2761  at least one member of the board of directors of the homeowners’
 2762  association if 50 percent of the parcels in all phases of the
 2763  community which will ultimately be operated by the association
 2764  have been conveyed to members other than the developer.
 2765         Section 24. Subsection (1) of section 720.311, Florida
 2766  Statutes, is amended to read:
 2767         720.311 Dispute resolution.—
 2768         (1) The Legislature finds that alternative dispute
 2769  resolution has made progress in reducing court dockets and
 2770  trials and in offering a more efficient, cost-effective option
 2771  to litigation. The filing of any petition for arbitration or the
 2772  serving of a demand for presuit mediation as provided for in
 2773  this section shall toll the applicable statute of limitations.
 2774  Any recall dispute filed with the department under pursuant to
 2775  s. 720.303(10) shall be conducted by the department in
 2776  accordance with the provisions of ss. 718.112(2)(j) and 718.1255
 2777  and the rules adopted by the division. In addition, the
 2778  department shall conduct mandatory binding arbitration of
 2779  election disputes between a member and an association in
 2780  accordance with pursuant to s. 718.1255 and rules adopted by the
 2781  division. Neither Election disputes and nor recall disputes are
 2782  not eligible for presuit mediation; these disputes must shall be
 2783  arbitrated by the department or filed in a court of competent
 2784  jurisdiction. At the conclusion of an arbitration the
 2785  proceeding, the department shall charge the parties a fee in an
 2786  amount adequate to cover all costs and expenses incurred by the
 2787  department in conducting the proceeding. Initially, the
 2788  petitioner shall remit a filing fee of at least $200 to the
 2789  department. The fees paid to the department shall become a
 2790  recoverable cost in the arbitration proceeding, and the
 2791  prevailing party in an arbitration proceeding shall recover its
 2792  reasonable costs and attorney attorney’s fees in an amount found
 2793  reasonable by the arbitrator. The department shall adopt rules
 2794  to effectuate the purposes of this section.
 2795         Section 25. Subsection (6) is added to section 720.3075,
 2796  Florida Statutes, to read:
 2797         720.3075 Prohibited clauses in association documents.—
 2798         (6) An association may extinguish a discriminatory
 2799  restriction as provided in s. 712.065.
 2800         Section 26. Section 720.316, Florida Statutes, is amended
 2801  to read:
 2802         720.316 Association emergency powers.—
 2803         (1) To the extent allowed by law, unless specifically
 2804  prohibited by the declaration or other recorded governing
 2805  documents, and consistent with s. 617.0830, the board of
 2806  directors, in response to damage or injury caused by or
 2807  anticipated in connection with an emergency, as defined in s.
 2808  252.34(4), event for which a state of emergency is declared
 2809  pursuant to s. 252.36 in the area encompassed by the
 2810  association, may exercise the following powers:
 2811         (a) Conduct board meetings, committee meetings, elections,
 2812  or membership meetings, in whole or in part, by telephone, real
 2813  time videoconferencing, or similar real-time electronic or video
 2814  communication after notice of the meetings and board decisions
 2815  is provided in as practicable a manner as possible, including
 2816  via publication, radio, United States mail, the Internet,
 2817  electronic transmission, public service announcements,
 2818  conspicuous posting on the common area association property, or
 2819  any other means the board deems appropriate under the
 2820  circumstances. Notice of decisions may also be communicated as
 2821  provided in this paragraph.
 2822         (b) Cancel and reschedule an association meeting.
 2823         (c) Designate assistant officers who are not directors. If
 2824  the executive officer is incapacitated or unavailable, the
 2825  assistant officer has the same authority during the state of
 2826  emergency as the executive officer he or she assists.
 2827         (d) Relocate the association’s principal office or
 2828  designate an alternative principal office.
 2829         (e) Enter into agreements with counties and municipalities
 2830  to assist counties and municipalities with debris removal.
 2831         (f) Implement a disaster or an emergency plan before,
 2832  during, or immediately following the event for which a state of
 2833  emergency is declared, which may include, but is not limited to,
 2834  turning on or shutting off elevators; electricity; water, sewer,
 2835  or security systems; or air conditioners for association
 2836  buildings.
 2837         (g) Based upon the advice of emergency management officials
 2838  or public health officials, or upon the advice of licensed
 2839  professionals retained by or otherwise available to the board,
 2840  determine any portion of the common areas or facilities
 2841  association property unavailable for entry or occupancy by
 2842  owners or their family members, tenants, guests, agents, or
 2843  invitees to protect their health, safety, or welfare.
 2844         (h) Based upon the advice of emergency management officials
 2845  or public health officials or upon the advice of licensed
 2846  professionals retained by or otherwise available to the board,
 2847  determine whether the common areas or facilities association
 2848  property can be safely inhabited, accessed, or occupied.
 2849  However, such determination is not conclusive as to any
 2850  determination of habitability pursuant to the declaration.
 2851         (i) Mitigate further damage, injury, or contagion,
 2852  including taking action to contract for the removal of debris
 2853  and to prevent or mitigate the spread of fungus, including mold
 2854  or mildew, by removing and disposing of wet drywall, insulation,
 2855  carpet, cabinetry, or other fixtures on or within the common
 2856  areas or facilities or sanitizing the common areas or facilities
 2857  association property.
 2858         (j) Notwithstanding a provision to the contrary, and
 2859  regardless of whether such authority does not specifically
 2860  appear in the declaration or other recorded governing documents,
 2861  levy special assessments without a vote of the owners.
 2862         (k) Without owners’ approval, borrow money and pledge
 2863  association assets as collateral to fund emergency repairs and
 2864  carry out the duties of the association if operating funds are
 2865  insufficient. This paragraph does not limit the general
 2866  authority of the association to borrow money, subject to such
 2867  restrictions contained in the declaration or other recorded
 2868  governing documents.
 2869         (2) The authority granted under subsection (1) is limited
 2870  to that time reasonably necessary to protect the health, safety,
 2871  and welfare of the association and the parcel owners and their
 2872  family members, tenants, guests, agents, or invitees, and to
 2873  mitigate further damage, injury, or contagion and make emergency
 2874  repairs.
 2875         (3)Notwithstanding paragraphs (1)(f)-(i), during a state
 2876  of emergency declared by executive order or proclamation of the
 2877  Governor pursuant to s. 252.36, an association may not prohibit
 2878  parcel owners, tenants, guests, agents, or invitees of a parcel
 2879  owner from accessing the common areas and facilities for the
 2880  purposes of ingress to and egress from the parcel when access is
 2881  necessary in connection with:
 2882         (a)The sale, lease, or other transfer of title of a
 2883  parcel; or
 2884         (b)The habitability of the parcel or for the health and
 2885  safety of such person unless a governmental order or
 2886  determination, or a public health directive from the Centers for
 2887  Disease Control and Prevention, has been issued prohibiting such
 2888  access to the parcel. Any such access is subject to reasonable
 2889  restrictions adopted by the association.
 2890         Section 27. This act shall take effect July 1, 2021.