Florida Senate - 2022                                    SB 7042
       
       
        
       By the Committee on Regulated Industries
       
       
       
       
       
       580-02613-22                                          20227042__
    1                        A bill to be entitled                      
    2         An act relating to community association building
    3         safety; amending s. 718.103, F.S.; defining the term
    4         “alternative funding method”; amending s. 718.111,
    5         F.S.; revising the types of records that constitute
    6         the official records of a condominium association;
    7         specifying that renters of a unit have the right to
    8         inspect and copy certain reports; requiring
    9         associations to post a copy of certain reports and
   10         reserve studies on the association’s website; revising
   11         rulemaking requirements for the Division of Florida
   12         Condominiums, Timeshares, and Mobile Homes of the
   13         Department of Business and Professional Regulation;
   14         amending s. 718.112, F.S.; revising requirements for
   15         association budgets; authorizing certain persons to
   16         vote to waive reserve contributions or reduce reserve
   17         funding under certain circumstances; authorizing
   18         reserves to be funded via the pooling method if
   19         certain requirements are met; requiring certain
   20         associations to periodically have a study conducted
   21         relating to required reserves; requiring boards to
   22         annually review the results of such study to determine
   23         if reserves are sufficient; requiring the division to
   24         adopt rules; providing requirements for the reserve
   25         study; requiring that reserve funds used for purposes
   26         other than authorized expenditures be reinstated
   27         within a specified timeframe; requiring financial
   28         reports to include specified disclosures relating to
   29         reserve funds under certain circumstances; creating s.
   30         718.1123, F.S.; providing legislative findings;
   31         defining the term “milestone inspection”; specifying
   32         that the purpose of a milestone inspection is not to
   33         determine compliance with the Florida Building Code;
   34         requiring that certain residential condominium
   35         buildings have milestone inspections performed at
   36         specified times; requiring boards to arrange for such
   37         inspections; specifying that associations are
   38         responsible for costs relating to milestone
   39         inspections; requiring that initial milestone
   40         inspections for certain buildings be performed before
   41         a specified date; specifying that milestone
   42         inspections consist of two phases; providing
   43         requirements for each phase of a milestone inspection;
   44         requiring architects and engineers performing a
   45         milestone inspection to submit a sealed copy of the
   46         inspection report to certain entities; requiring
   47         boards to distribute a copy of each inspection report
   48         to unit owners and publish the report on the
   49         association’s website under certain circumstances;
   50         authorizing local enforcing agencies to prescribe
   51         timelines and penalties relating to milestone
   52         inspections; requiring associations to comply with
   53         certain standards adopted by the Florida Building
   54         Commission; amending s. 718.113, F.S.; requiring
   55         associations to provide for the maintenance, repair,
   56         and replacement of association property; requiring
   57         associations to perform specified required maintenance
   58         under certain circumstances; specifying that necessary
   59         maintenance, repair, or replacement of association
   60         property does not require unit owner approval;
   61         specifying that associations are not liable for
   62         certain expenses if a resident must vacate a unit or
   63         is denied access to a common element for specified
   64         reasons; amending s. 718.115, F.S.; authorizing boards
   65         to adopt a special assessment or borrow money for
   66         certain reasons without unit owner approval;
   67         conforming cross-references; amending s. 718.116,
   68         F.S.; requiring that estoppel certificates contain
   69         specified statements relating to reserves under
   70         certain circumstances; conforming a cross-reference;
   71         amending s. 718.1255, F.S.; revising the definition of
   72         the term “dispute”; amending s. 718.301, F.S.;
   73         revising reporting requirements relating to the
   74         transfer of association control; amending s. 718.503,
   75         F.S.; revising the documents that must be delivered to
   76         a prospective buyer or lessee of a residential unit;
   77         requiring that contracts for the resale of a
   78         residential unit in a building that is subject to
   79         certain reserve study and milestone inspection
   80         requirements contain specified statements; specifying
   81         that a contract that does not contain such required
   82         statements is voidable at the option of the purchaser
   83         before closing; amending s. 718.504, F.S.; requiring
   84         that prospectuses and offering circulars contain
   85         specified statements relating to reserves under
   86         certain circumstances; amending s. 719.103, F.S.;
   87         defining the term “alternative funding method”;
   88         amending s. 719.104, F.S.; revising the types of
   89         records that constitute the official records of a
   90         cooperative association; specifying that renters of a
   91         unit have the right to inspect and copy certain
   92         reports; revising rulemaking requirements for the
   93         division; specifying that maintenance of the
   94         cooperative property is the responsibility of
   95         associations; requiring associations to perform
   96         specified required maintenance under certain
   97         circumstances; specifying that necessary maintenance,
   98         repair, or replacement of cooperative property does
   99         not require unit owner approval; specifying that
  100         associations are not liable for certain expenses if a
  101         resident must vacate a unit or is denied access to a
  102         common element for specified reasons; amending s.
  103         719.106, F.S.; revising requirements for association
  104         budgets; authorizing certain persons to vote to waive
  105         reserve contributions or reduce reserve funding under
  106         certain circumstances; authorizing reserves to be
  107         funded via the pooling method if certain requirements
  108         are met; requiring that reserve funds used for
  109         purposes other than authorized expenditures be
  110         reinstated within a specified timeframe; requiring
  111         certain associations to periodically have a study
  112         conducted relating to required reserves; requiring
  113         boards to annually review the results of such study to
  114         determine if reserves are sufficient; requiring the
  115         division to adopt rules; providing requirements for
  116         the reserve study; creating s. 719.1062, F.S.;
  117         providing legislative findings; defining the term
  118         “milestone inspection”; specifying that the purpose of
  119         a milestone inspection is not to determine compliance
  120         with the Florida Building Code; requiring that certain
  121         cooperative buildings have milestone inspections
  122         performed at specified times; requiring boards to
  123         arrange for such inspections; specifying that
  124         associations are responsible for costs relating to
  125         milestone inspections; requiring that initial
  126         milestone inspections for certain buildings be
  127         performed before a specified date; specifying that
  128         milestone inspections consist of two phases; providing
  129         requirements for each phase of a milestone inspection;
  130         requiring architects and engineers performing a
  131         milestone inspection to submit a sealed copy of the
  132         inspection report to certain entities; requiring
  133         boards to distribute a copy of each inspection report
  134         to unit owners and publish the report on the
  135         association’s website under certain circumstances;
  136         authorizing local enforcing agencies to prescribe
  137         timelines and penalties relating to milestone
  138         inspections; requiring associations to comply with
  139         certain standards adopted by the commission; amending
  140         s. 719.107, F.S.; authorizing boards to adopt a
  141         special assessment or borrow money for certain reasons
  142         without unit owner approval; amending s. 719.108,
  143         F.S.; requiring that estoppel certificates contain
  144         specified statements relating to reserves under
  145         certain circumstances; amending s. 719.301, F.S.;
  146         requiring developers to deliver a turnover inspection
  147         report relating to cooperative property under certain
  148         circumstances; amending s. 719.503, F.S.; revising the
  149         documents that must be delivered to a prospective
  150         buyer or lessee of a residential unit; requiring that
  151         contracts for the resale of a residential unit in a
  152         building that is subject to certain reserve study and
  153         milestone inspection requirements contain specified
  154         statements; specifying that a contract that does not
  155         contain such required statements is voidable at the
  156         option of the purchaser before closing; amending s.
  157         719.504, F.S.; requiring that prospectuses and
  158         offering circulars contain specified statements
  159         relating to reserves under certain circumstances;
  160         amending ss. 558.002, 718.121, 718.706, and 720.3085,
  161         F.S.; conforming cross-references; reenacting s.
  162         719.1255, F.S., relating to alternative resolution of
  163         disputes, to incorporate the amendment made to s.
  164         718.1255, F.S., in a reference thereto; providing an
  165         effective date.
  166          
  167  Be It Enacted by the Legislature of the State of Florida:
  168  
  169         Section 1. Present subsections (1) through (30) of section
  170  718.103, Florida Statutes, are redesignated as subsections (2)
  171  through (31), respectively, and a new subsection (1) is added to
  172  that section, to read:
  173         718.103 Definitions.—As used in this chapter, the term:
  174         (1)“Alternative funding method” means a method for the
  175  funding of a reserve account by other than an assessment or
  176  special assessment which may reasonably be expected to fully
  177  satisfy the association’s reserve funding obligations,
  178  including, but not limited to, an immediately available line of
  179  credit equal to the amount of any waived reserves, payments into
  180  the reserve account by a developer who is offering units, or any
  181  other method approved by the division.
  182         Section 2. Paragraphs (a), (c), and (g) of subsection (12)
  183  and subsection (13) of section 718.111, Florida Statutes, are
  184  amended to read:
  185         718.111 The association.—
  186         (12) OFFICIAL RECORDS.—
  187         (a) From the inception of the association, the association
  188  shall maintain each of the following items, if applicable, which
  189  constitutes the official records of the association:
  190         1. A copy of the plans, permits, warranties, and other
  191  items provided by the developer under s. 718.301(4).
  192         2. A photocopy of the recorded declaration of condominium
  193  of each condominium operated by the association and each
  194  amendment to each declaration.
  195         3. A photocopy of the recorded bylaws of the association
  196  and each amendment to the bylaws.
  197         4. A certified copy of the articles of incorporation of the
  198  association, or other documents creating the association, and
  199  each amendment thereto.
  200         5. A copy of the current rules of the association.
  201         6. A book or books that contain the minutes of all meetings
  202  of the association, the board of administration, and the unit
  203  owners.
  204         7. A current roster of all unit owners and their mailing
  205  addresses, unit identifications, voting certifications, and, if
  206  known, telephone numbers. The association shall also maintain
  207  the e-mail addresses and facsimile numbers of unit owners
  208  consenting to receive notice by electronic transmission. The e
  209  mail addresses and facsimile numbers are not accessible to unit
  210  owners if consent to receive notice by electronic transmission
  211  is not provided in accordance with sub-subparagraph (c)3.e.
  212  However, the association is not liable for an inadvertent
  213  disclosure of the e-mail address or facsimile number for
  214  receiving electronic transmission of notices.
  215         8. All current insurance policies of the association and
  216  condominiums operated by the association.
  217         9. A current copy of any management agreement, lease, or
  218  other contract to which the association is a party or under
  219  which the association or the unit owners have an obligation or
  220  responsibility.
  221         10. Bills of sale or transfer for all property owned by the
  222  association.
  223         11. Accounting records for the association and separate
  224  accounting records for each condominium that the association
  225  operates. Any person who knowingly or intentionally defaces or
  226  destroys such records, or who knowingly or intentionally fails
  227  to create or maintain such records, with the intent of causing
  228  harm to the association or one or more of its members, is
  229  personally subject to a civil penalty pursuant to s.
  230  718.501(1)(d). The accounting records must include, but are not
  231  limited to:
  232         a. Accurate, itemized, and detailed records of all receipts
  233  and expenditures.
  234         b. A current account and a monthly, bimonthly, or quarterly
  235  statement of the account for each unit designating the name of
  236  the unit owner, the due date and amount of each assessment, the
  237  amount paid on the account, and the balance due.
  238         c. All audits, reviews, accounting statements, reserve
  239  studies, and financial reports of the association or
  240  condominium.
  241         d. All contracts for work to be performed. Bids for work to
  242  be performed are also considered official records and must be
  243  maintained by the association for at least 1 year after receipt
  244  of the bid.
  245         12. Ballots, sign-in sheets, voting proxies, and all other
  246  papers and electronic records relating to voting by unit owners,
  247  which must be maintained for 1 year from the date of the
  248  election, vote, or meeting to which the document relates,
  249  notwithstanding paragraph (b).
  250         13. All rental records if the association is acting as
  251  agent for the rental of condominium units.
  252         14. A copy of the current question and answer sheet as
  253  described in s. 718.504.
  254         15. A copy of the inspection reports report as described in
  255  ss. 718.1123 and 718.301(4)(p) and any other inspection report
  256  relating to a structural or life safety inspection of
  257  association property s. 718.301(4)(p).
  258         16. Bids for materials, equipment, or services.
  259         17. All affirmative acknowledgments made pursuant to s.
  260  718.121(4)(c).
  261         18. All other written records of the association not
  262  specifically included in the foregoing which are related to the
  263  operation of the association.
  264         (c)1. The official records of the association are open to
  265  inspection by any association member or the authorized
  266  representative of such member at all reasonable times. The right
  267  to inspect the records includes the right to make or obtain
  268  copies, at the reasonable expense, if any, of the member or
  269  authorized representative of such member. A renter of a unit has
  270  a right to inspect and copy only the declaration of condominium,
  271  and the association’s bylaws and rules, and the inspection
  272  reports described in ss. 718.1123 and 718.301(4)(p). The
  273  association may adopt reasonable rules regarding the frequency,
  274  time, location, notice, and manner of record inspections and
  275  copying but may not require a member to demonstrate any purpose
  276  or state any reason for the inspection. The failure of an
  277  association to provide the records within 10 working days after
  278  receipt of a written request creates a rebuttable presumption
  279  that the association willfully failed to comply with this
  280  paragraph. A unit owner who is denied access to official records
  281  is entitled to the actual damages or minimum damages for the
  282  association’s willful failure to comply. Minimum damages are $50
  283  per calendar day for up to 10 days, beginning on the 11th
  284  working day after receipt of the written request. The failure to
  285  permit inspection entitles any person prevailing in an
  286  enforcement action to recover reasonable attorney fees from the
  287  person in control of the records who, directly or indirectly,
  288  knowingly denied access to the records.
  289         2. Any person who knowingly or intentionally defaces or
  290  destroys accounting records that are required by this chapter to
  291  be maintained during the period for which such records are
  292  required to be maintained, or who knowingly or intentionally
  293  fails to create or maintain accounting records that are required
  294  to be created or maintained, with the intent of causing harm to
  295  the association or one or more of its members, is personally
  296  subject to a civil penalty pursuant to s. 718.501(1)(d).
  297         3. The association shall maintain an adequate number of
  298  copies of the declaration, articles of incorporation, bylaws,
  299  and rules, and all amendments to each of the foregoing, as well
  300  as the question and answer sheet as described in s. 718.504 and
  301  year-end financial information required under this section, on
  302  the condominium property to ensure their availability to unit
  303  owners and prospective purchasers, and may charge its actual
  304  costs for preparing and furnishing these documents to those
  305  requesting the documents. An association shall allow a member or
  306  his or her authorized representative to use a portable device,
  307  including a smartphone, tablet, portable scanner, or any other
  308  technology capable of scanning or taking photographs, to make an
  309  electronic copy of the official records in lieu of the
  310  association’s providing the member or his or her authorized
  311  representative with a copy of such records. The association may
  312  not charge a member or his or her authorized representative for
  313  the use of a portable device. Notwithstanding this paragraph,
  314  the following records are not accessible to unit owners:
  315         a. Any record protected by the lawyer-client privilege as
  316  described in s. 90.502 and any record protected by the work
  317  product privilege, including a record prepared by an association
  318  attorney or prepared at the attorney’s express direction, which
  319  reflects a mental impression, conclusion, litigation strategy,
  320  or legal theory of the attorney or the association, and which
  321  was prepared exclusively for civil or criminal litigation or for
  322  adversarial administrative proceedings, or which was prepared in
  323  anticipation of such litigation or proceedings until the
  324  conclusion of the litigation or proceedings.
  325         b. Information obtained by an association in connection
  326  with the approval of the lease, sale, or other transfer of a
  327  unit.
  328         c. Personnel records of association or management company
  329  employees, including, but not limited to, disciplinary, payroll,
  330  health, and insurance records. For purposes of this sub
  331  subparagraph, the term “personnel records” does not include
  332  written employment agreements with an association employee or
  333  management company, or budgetary or financial records that
  334  indicate the compensation paid to an association employee.
  335         d. Medical records of unit owners.
  336         e. Social security numbers, driver license numbers, credit
  337  card numbers, e-mail addresses, telephone numbers, facsimile
  338  numbers, emergency contact information, addresses of a unit
  339  owner other than as provided to fulfill the association’s notice
  340  requirements, and other personal identifying information of any
  341  person, excluding the person’s name, unit designation, mailing
  342  address, property address, and any address, e-mail address, or
  343  facsimile number provided to the association to fulfill the
  344  association’s notice requirements. Notwithstanding the
  345  restrictions in this sub-subparagraph, an association may print
  346  and distribute to unit owners a directory containing the name,
  347  unit address, and all telephone numbers of each unit owner.
  348  However, an owner may exclude his or her telephone numbers from
  349  the directory by so requesting in writing to the association. An
  350  owner may consent in writing to the disclosure of other contact
  351  information described in this sub-subparagraph. The association
  352  is not liable for the inadvertent disclosure of information that
  353  is protected under this sub-subparagraph if the information is
  354  included in an official record of the association and is
  355  voluntarily provided by an owner and not requested by the
  356  association.
  357         f. Electronic security measures that are used by the
  358  association to safeguard data, including passwords.
  359         g. The software and operating system used by the
  360  association which allow the manipulation of data, even if the
  361  owner owns a copy of the same software used by the association.
  362  The data is part of the official records of the association.
  363         h. All affirmative acknowledgments made pursuant to s.
  364  718.121(4)(c).
  365         (g)1. By January 1, 2019, an association managing a
  366  condominium with 150 or more units which does not contain
  367  timeshare units shall post digital copies of the documents
  368  specified in subparagraph 2. on its website or make such
  369  documents available through an application that can be
  370  downloaded on a mobile device.
  371         a. The association’s website or application must be:
  372         (I) An independent website, application, or web portal
  373  wholly owned and operated by the association; or
  374         (II) A website, application, or web portal operated by a
  375  third-party provider with whom the association owns, leases,
  376  rents, or otherwise obtains the right to operate a web page,
  377  subpage, web portal, collection of subpages or web portals, or
  378  an application which is dedicated to the association’s
  379  activities and on which required notices, records, and documents
  380  may be posted or made available by the association.
  381         b. The association’s website or application must be
  382  accessible through the Internet and must contain a subpage, web
  383  portal, or other protected electronic location that is
  384  inaccessible to the general public and accessible only to unit
  385  owners and employees of the association.
  386         c. Upon a unit owner’s written request, the association
  387  must provide the unit owner with a username and password and
  388  access to the protected sections of the association’s website or
  389  application which contain any notices, records, or documents
  390  that must be electronically provided.
  391         2. A current copy of the following documents must be posted
  392  in digital format on the association’s website or application:
  393         a. The recorded declaration of condominium of each
  394  condominium operated by the association and each amendment to
  395  each declaration.
  396         b. The recorded bylaws of the association and each
  397  amendment to the bylaws.
  398         c. The articles of incorporation of the association, or
  399  other documents creating the association, and each amendment to
  400  the articles of incorporation or other documents. The copy
  401  posted pursuant to this sub-subparagraph must be a copy of the
  402  articles of incorporation filed with the Department of State.
  403         d. The rules of the association.
  404         e. A list of all executory contracts or documents to which
  405  the association is a party or under which the association or the
  406  unit owners have an obligation or responsibility and, after
  407  bidding for the related materials, equipment, or services has
  408  closed, a list of bids received by the association within the
  409  past year. Summaries of bids for materials, equipment, or
  410  services which exceed $500 must be maintained on the website or
  411  application for 1 year. In lieu of summaries, complete copies of
  412  the bids may be posted.
  413         f. The annual budget required by s. 718.112(2)(f) and any
  414  proposed budget to be considered at the annual meeting.
  415         g. The financial report required by subsection (13) and any
  416  monthly income or expense statement to be considered at a
  417  meeting.
  418         h. The certification of each director required by s.
  419  718.112(2)(d)4.b.
  420         i. All contracts or transactions between the association
  421  and any director, officer, corporation, firm, or association
  422  that is not an affiliated condominium association or any other
  423  entity in which an association director is also a director or
  424  officer and financially interested.
  425         j. Any contract or document regarding a conflict of
  426  interest or possible conflict of interest as provided in ss.
  427  468.436(2)(b)6. and 718.3027(3).
  428         k. The notice of any unit owner meeting and the agenda for
  429  the meeting, as required by s. 718.112(2)(d)3., no later than 14
  430  days before the meeting. The notice must be posted in plain view
  431  on the front page of the website or application, or on a
  432  separate subpage of the website or application labeled “Notices”
  433  which is conspicuously visible and linked from the front page.
  434  The association must also post on its website or application any
  435  document to be considered and voted on by the owners during the
  436  meeting or any document listed on the agenda at least 7 days
  437  before the meeting at which the document or the information
  438  within the document will be considered.
  439         l. Notice of any board meeting, the agenda, and any other
  440  document required for the meeting as required by s.
  441  718.112(2)(c), which must be posted no later than the date
  442  required for notice under s. 718.112(2)(c).
  443         m.The inspection reports described in ss. 718.1123 and
  444  718.301(4)(p) and any other inspection report relating to a
  445  structural or life safety inspection of association property.
  446         n.The reserve study required under s. 718.112(2).
  447         3. The association shall ensure that the information and
  448  records described in paragraph (c), which are not allowed to be
  449  accessible to unit owners, are not posted on the association’s
  450  website or application. If protected information or information
  451  restricted from being accessible to unit owners is included in
  452  documents that are required to be posted on the association’s
  453  website or application, the association shall ensure the
  454  information is redacted before posting the documents.
  455  Notwithstanding the foregoing, the association or its agent is
  456  not liable for disclosing information that is protected or
  457  restricted under this paragraph unless such disclosure was made
  458  with a knowing or intentional disregard of the protected or
  459  restricted nature of such information.
  460         4. The failure of the association to post information
  461  required under subparagraph 2. is not in and of itself
  462  sufficient to invalidate any action or decision of the
  463  association’s board or its committees.
  464         (13) FINANCIAL REPORTING.—Within 90 days after the end of
  465  the fiscal year, or annually on a date provided in the bylaws,
  466  the association shall prepare and complete, or contract for the
  467  preparation and completion of, a financial report for the
  468  preceding fiscal year. Within 21 days after the final financial
  469  report is completed by the association or received from the
  470  third party, but not later than 120 days after the end of the
  471  fiscal year or other date as provided in the bylaws, the
  472  association shall mail to each unit owner at the address last
  473  furnished to the association by the unit owner, or hand deliver
  474  to each unit owner, a copy of the most recent financial report
  475  or a notice that a copy of the most recent financial report will
  476  be mailed or hand delivered to the unit owner, without charge,
  477  within 5 business days after receipt of a written request from
  478  the unit owner. The division shall adopt rules setting forth
  479  uniform accounting principles and standards to be used by all
  480  associations and addressing the financial reporting requirements
  481  for multicondominium associations. The rules must include, but
  482  not be limited to, standards for presenting a summary of
  483  association reserves, including a good faith estimate disclosing
  484  the annual amount of reserve funds that would be necessary for
  485  the association to fully fund reserves for each reserve item
  486  based on the straight-line accounting method or on the pooling
  487  method. This disclosure is not applicable to reserves funded via
  488  the pooling method. In adopting such rules, the division shall
  489  consider the number of members and annual revenues of an
  490  association. Financial reports shall be prepared as follows:
  491         (a) An association that meets the criteria of this
  492  paragraph shall prepare a complete set of financial statements
  493  in accordance with generally accepted accounting principles. The
  494  financial statements must be based upon the association’s total
  495  annual revenues, as follows:
  496         1. An association with total annual revenues of $150,000 or
  497  more, but less than $300,000, shall prepare compiled financial
  498  statements.
  499         2. An association with total annual revenues of at least
  500  $300,000, but less than $500,000, shall prepare reviewed
  501  financial statements.
  502         3. An association with total annual revenues of $500,000 or
  503  more shall prepare audited financial statements.
  504         (b)1. An association with total annual revenues of less
  505  than $150,000 shall prepare a report of cash receipts and
  506  expenditures.
  507         2. A report of cash receipts and disbursements must
  508  disclose the amount of receipts by accounts and receipt
  509  classifications and the amount of expenses by accounts and
  510  expense classifications, including, but not limited to, the
  511  following, as applicable: costs for security, professional and
  512  management fees and expenses, taxes, costs for recreation
  513  facilities, expenses for refuse collection and utility services,
  514  expenses for lawn care, costs for building maintenance and
  515  repair, insurance costs, administration and salary expenses, and
  516  reserves accumulated and expended for capital expenditures,
  517  deferred maintenance, and any other category for which the
  518  association maintains reserves.
  519         (c) An association may prepare, without a meeting of or
  520  approval by the unit owners:
  521         1. Compiled, reviewed, or audited financial statements, if
  522  the association is required to prepare a report of cash receipts
  523  and expenditures;
  524         2. Reviewed or audited financial statements, if the
  525  association is required to prepare compiled financial
  526  statements; or
  527         3. Audited financial statements if the association is
  528  required to prepare reviewed financial statements.
  529         (d) If approved by a majority of the voting interests
  530  present at a properly called meeting of the association, an
  531  association may prepare:
  532         1. A report of cash receipts and expenditures in lieu of a
  533  compiled, reviewed, or audited financial statement;
  534         2. A report of cash receipts and expenditures or a compiled
  535  financial statement in lieu of a reviewed or audited financial
  536  statement; or
  537         3. A report of cash receipts and expenditures, a compiled
  538  financial statement, or a reviewed financial statement in lieu
  539  of an audited financial statement.
  540  
  541  Such meeting and approval must occur before the end of the
  542  fiscal year and is effective only for the fiscal year in which
  543  the vote is taken, except that the approval may also be
  544  effective for the following fiscal year. If the developer has
  545  not turned over control of the association, all unit owners,
  546  including the developer, may vote on issues related to the
  547  preparation of the association’s financial reports, from the
  548  date of incorporation of the association through the end of the
  549  second fiscal year after the fiscal year in which the
  550  certificate of a surveyor and mapper is recorded pursuant to s.
  551  718.104(4)(e) or an instrument that transfers title to a unit in
  552  the condominium which is not accompanied by a recorded
  553  assignment of developer rights in favor of the grantee of such
  554  unit is recorded, whichever occurs first. Thereafter, all unit
  555  owners except the developer may vote on such issues until
  556  control is turned over to the association by the developer. Any
  557  audit or review prepared under this section shall be paid for by
  558  the developer if done before turnover of control of the
  559  association.
  560         (e) A unit owner may provide written notice to the division
  561  of the association’s failure to mail or hand deliver him or her
  562  a copy of the most recent financial report within 5 business
  563  days after he or she submitted a written request to the
  564  association for a copy of such report. If the division
  565  determines that the association failed to mail or hand deliver a
  566  copy of the most recent financial report to the unit owner, the
  567  division shall provide written notice to the association that
  568  the association must mail or hand deliver a copy of the most
  569  recent financial report to the unit owner and the division
  570  within 5 business days after it receives such notice from the
  571  division. An association that fails to comply with the
  572  division’s request may not waive the financial reporting
  573  requirement provided in paragraph (d) for the fiscal year in
  574  which the unit owner’s request was made and the following fiscal
  575  year. A financial report received by the division pursuant to
  576  this paragraph shall be maintained, and the division shall
  577  provide a copy of such report to an association member upon his
  578  or her request.
  579         Section 3. Paragraph (f) of subsection (2) of section
  580  718.112, Florida Statutes, is amended to read:
  581         718.112 Bylaws.—
  582         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  583  following and, if they do not do so, shall be deemed to include
  584  the following:
  585         (f) Annual budget.—
  586         1. The proposed annual budget of estimated revenues and
  587  expenses must be detailed and must show the amounts budgeted by
  588  accounts and expense classifications, including, at a minimum,
  589  any applicable expenses listed in s. 718.504(21). The board
  590  shall adopt the annual budget at least 14 days prior to the
  591  start of the association’s fiscal year. In the event that the
  592  board fails to timely adopt the annual budget a second time, it
  593  shall be deemed a minor violation and the prior year’s budget
  594  shall continue in effect until a new budget is adopted. A
  595  multicondominium association shall adopt a separate budget of
  596  common expenses for each condominium the association operates
  597  and shall adopt a separate budget of common expenses for the
  598  association. In addition, if the association maintains limited
  599  common elements with the cost to be shared only by those
  600  entitled to use the limited common elements as provided for in
  601  s. 718.113(1), the budget or a schedule attached to it must show
  602  the amount budgeted for this maintenance. If, after turnover of
  603  control of the association to the unit owners, any of the
  604  expenses listed in s. 718.504(21) are not applicable, they need
  605  not be listed.
  606         2.a. In addition to annual operating expenses, the budget
  607  must include reserve accounts for capital expenditures and
  608  deferred maintenance. These accounts must include, but are not
  609  limited to, the maintenance and replacement of the association
  610  property identified in s. 718.301(4)(p) roof replacement,
  611  building painting, and pavement resurfacing, regardless of the
  612  amount of deferred maintenance expense or replacement cost, and
  613  any other item that has a deferred maintenance expense or
  614  replacement cost that exceeds $10,000. The amount to be reserved
  615  must be computed using a formula based upon estimated remaining
  616  useful life and estimated replacement cost or deferred
  617  maintenance expense of each reserve item. The association may
  618  adjust replacement reserve assessments annually to take into
  619  account any changes in estimates or extension of the useful life
  620  of a reserve item caused by deferred maintenance. This
  621  subsection does not apply to an adopted budget in which the
  622  members of an association have determined, by a majority vote at
  623  a duly called meeting of the association, to provide no reserves
  624  or less reserves than required by this subsection. If an
  625  association is required to perform a reserve study under
  626  subparagraph 3., the members of the association may vote to
  627  waive reserve contributions or reduce reserve funding if the
  628  association’s reserve obligations are funded consistent with the
  629  reserve study currently in effect or if the association provides
  630  an alternative funding method for the association’s reserve
  631  obligations. Reserves may be funded using the pooling method;
  632  however, funding for the maintenance, repair, or replacement of
  633  the association property identified in s. 718.301(4)(p) may not
  634  be pooled with reserves for other expenses of the association.
  635         b. Before turnover of control of an association by a
  636  developer to unit owners other than a developer pursuant to s.
  637  718.301, the developer may vote the voting interests allocated
  638  to its units to waive the reserves or reduce the funding of
  639  reserves through the period expiring at the end of the second
  640  fiscal year after the fiscal year in which the certificate of a
  641  surveyor and mapper is recorded pursuant to s. 718.104(4)(e) or
  642  an instrument that transfers title to a unit in the condominium
  643  which is not accompanied by a recorded assignment of developer
  644  rights in favor of the grantee of such unit is recorded,
  645  whichever occurs first, after which time reserves may be waived
  646  or reduced only upon the vote of a majority of all nondeveloper
  647  voting interests voting in person or by limited proxy at a duly
  648  called meeting of the association. If an association is required
  649  to perform a reserve study under subparagraph 3., the developer
  650  may vote to waive reserve contributions or reduce reserve
  651  funding only if the association’s reserve obligations are funded
  652  consistent with the reserve study currently in effect or if the
  653  association provides an alternative funding method for the
  654  association’s reserve obligations. If a meeting of the unit
  655  owners has been called to determine whether to waive or reduce
  656  the funding of reserves and no such result is achieved or a
  657  quorum is not attained, the reserves included in the budget
  658  shall go into effect. After the turnover, the developer may vote
  659  its voting interest to waive or reduce the funding of reserves.
  660         3. Unless the governing documents provide for a more
  661  frequent reserve study, an association with a residential
  662  condominium building that is three stories or more in height
  663  must have a study conducted of the reserves required to repair,
  664  replace, and restore the association property identified in s.
  665  718.301(4)(p) at least every 3 years. The board shall review the
  666  results of such study at least annually to determine if reserves
  667  are sufficient to meet the association’s reserve obligations and
  668  to make any adjustments the board deems necessary to maintain
  669  reserves, as appropriate. The division shall adopt rules setting
  670  forth uniform standards and forms for reserve studies. The
  671  reserve study must include, without limitation:
  672         a. A summary of any inspection of the major components of
  673  the association property identified in s. 718.301(4)(p) and any
  674  other portion of the association property that the association
  675  is obligated to maintain, repair, replace, or restore;
  676         b.If applicable, a summary of the findings and
  677  recommendations of the milestone inspection report required
  678  under s. 718.1123;
  679         c. An estimate of the remaining useful life of each major
  680  component of the association property identified in s.
  681  718.301(4)(p) and any other portion of the association property
  682  that the association is obligated to maintain, repair, replace,
  683  or restore identified pursuant to a milestone inspection or any
  684  other structural or life safety inspection of the association
  685  property;
  686         d. An estimate of the cost of maintenance, repair,
  687  replacement, or restoration of each major component of the
  688  association property identified in s. 718.301(4)(p) and any
  689  other portion of the association property identified pursuant to
  690  sub-subparagraph c. during and at the end of its useful life;
  691  and
  692         e. An estimate of the total annual assessment that may be
  693  necessary to cover the cost of maintaining, repairing,
  694  replacing, or restoring the major components of the association
  695  property identified in s. 718.301(4)(p) and any other portion of
  696  the association property identified pursuant to sub-subparagraph
  697  c., after subtracting the reserves of the association as of the
  698  date of the study, and an estimate of the funding plan,
  699  including any alternative funding method, which may be necessary
  700  to provide adequate funding for the required reserves.
  701         4. To the extent that the reserve study conducted in
  702  accordance with this paragraph indicates a need to budget for
  703  reserves, the annual budget must include:
  704         a. The identification of all items for which reserves are
  705  or will be established;
  706         b. The current estimated replacement cost, estimated
  707  remaining life, and estimated useful life of the association
  708  property identified in s. 718.301(4)(p);
  709         c. As of the beginning of the fiscal year for which the
  710  budget is prepared, the current amount of accumulated cash
  711  reserves set aside to repair, replace, or restore the reserve
  712  components and the amount of the expected contribution to the
  713  reserve fund for that fiscal year;
  714         d.A description of the funding plan for the reserve
  715  funding obligations of the association, including the use of
  716  regular assessments, special assessments, and any other
  717  alternative funding method; and
  718         e. A description of the procedures used for the estimation
  719  and accumulation of reserves pursuant to this paragraph, the
  720  identity of any independent third party who conducted the
  721  reserve study on behalf of the association, and the extent to
  722  which the association is funding its reserve obligations
  723  consistent with the reserve study currently in effect.
  724         5.3. Reserve funds and any interest accruing thereon shall
  725  remain in the reserve account or accounts, and may be used only
  726  for authorized reserve expenditures unless their use for other
  727  purposes is approved in advance by a majority vote at a duly
  728  called meeting of the association. Before turnover of control of
  729  an association by a developer to unit owners other than the
  730  developer pursuant to s. 718.301, the developer-controlled
  731  association may not vote to use reserves for purposes other than
  732  those for which they were intended without the approval of a
  733  majority of all nondeveloper voting interests, voting in person
  734  or by limited proxy at a duly called meeting of the association.
  735  Reserve funds that are used for a purpose other than authorized
  736  reserve expenditures must be reinstated in the reserve account
  737  or accounts within 12 months after the expenditure.
  738         6.a.4. The only voting interests that are eligible to vote
  739  on questions that involve waiving or reducing the funding of
  740  reserves, or using existing reserve funds for purposes other
  741  than purposes for which the reserves were intended, are the
  742  voting interests of the units subject to assessment to fund the
  743  reserves in question. Proxy questions relating to waiving or
  744  reducing the funding of reserves or using existing reserve funds
  745  for purposes other than purposes for which the reserves were
  746  intended must contain the following statement in capitalized,
  747  bold letters in a font size larger than any other used on the
  748  face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
  749  PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
  750  RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
  751  SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
  752         bIf the budget of the association provides for funding
  753  accounts for deferred expenditures, including, but not limited
  754  to, funds for capital expenditures and deferred maintenance, but
  755  the association has voted to waive reserves or to use existing
  756  reserve funds for purposes other than purposes for which the
  757  reserves were intended, a financial report must contain the
  758  following statement in conspicuous type: THE OWNERS HAVE ELECTED
  759  TO WAIVE RESERVES, IN WHOLE OR IN PART, OR ALLOWED ALTERNATIVE
  760  USES OF EXISTING RESERVES UNDER SECTION 718.112(2)(f), FLORIDA
  761  STATUTES. THE WAIVING OR ALTERNATIVE USE OF RESERVE FUNDS MAY
  762  RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
  763  SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
  764         c. If the association is required to perform a reserve
  765  study under this paragraph and the budget of the association
  766  does not fund the association’s reserve obligations consistent
  767  with the reserve study currently in effect or the association
  768  has not provided an alternative funding method for the
  769  association’s reserve obligations, the financial report must
  770  also contain the following statement in conspicuous type: THE
  771  BOARD OF ADMINISTRATION FOR THIS ASSOCIATION HAS FAILED TO
  772  SATISFY THE ASSOCIATION’S RESERVE FUNDING OBLIGATIONS UNDER
  773  SECTION 718.112(2)(f), FLORIDA STATUTES. THE BUDGET OF THE
  774  ASSOCIATION DOES NOT PROVIDE FOR FULLY FUNDED RESERVE ACCOUNTS
  775  FOR CAPITAL EXPENDITURES AND DEFERRED MAINTENANCE CONSISTENT
  776  WITH THE ASSOCIATION’S RESERVE STUDY. FAILURE TO FUND RESERVES
  777  CONSISTENT WITH THE ASSOCIATION’S RESERVE STUDY MAY RESULT IN
  778  UNANTICIPATED SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
  779         Section 4. Section 718.1123, Florida Statutes, is created
  780  to read:
  781         718.1123 Mandatory structural inspections.—
  782         (1)The Legislature finds that maintaining the structural
  783  integrity of a condominium building throughout its service life
  784  is of paramount importance in order to ensure that buildings are
  785  structurally sound so as not to pose a threat to the public
  786  health, safety, or welfare. As such, the Legislature finds that
  787  the imposition of a statewide structural inspection program for
  788  aging residential condominium buildings in this state is
  789  necessary to ensure that such buildings are safe for continued
  790  use.
  791         (2)As used in this section, the term “milestone
  792  inspection” means a structural inspection of a building by a
  793  licensed architect or engineer authorized to practice in this
  794  state for the purposes of attesting to the life safety and
  795  adequacy of the structural components of the building and, to
  796  the extent reasonably possible, determining the general
  797  structural condition of the building as it affects the safety of
  798  such building. The purpose of such inspection is not to
  799  determine if the condition of an existing building is in
  800  compliance with the Florida Building Code.
  801         (3)A residential condominium building that is three
  802  stories or more in height must have a milestone inspection
  803  performed by December 31 of the year in which the building
  804  reaches 30 years of age, based on the date the certificate of
  805  occupancy was issued, and every 10 years thereafter. A
  806  residential condominium building that is three stories or more
  807  in height and is located within 3 miles of a coastline as
  808  defined in s. 376.031 must have a milestone inspection by
  809  December 31 of the year in which the building reaches 20 years
  810  of age, based on the date the certificate of occupancy was
  811  issued, and every 7 years thereafter. If a condominium building
  812  is required to have a milestone inspection performed pursuant to
  813  this section, the board of administration of the association
  814  must arrange for the milestone inspection to be performed and is
  815  responsible for ensuring compliance with the requirements of
  816  this section. The association responsible for inspection under
  817  this section is responsible for all costs associated with the
  818  inspection.
  819         (4)If a milestone inspection is required under this
  820  section and the building’s certificate of occupancy was issued
  821  on or before July 1, 1992, the building’s initial milestone
  822  inspection must be performed before December 31, 2024.
  823         (5)A milestone inspection consists of two phases:
  824         (a)For phase one of the milestone inspection, a licensed
  825  architect or engineer authorized to practice in this state shall
  826  perform a visual examination of all habitable and nonhabitable
  827  areas of a building and provide a qualitative assessment of the
  828  structural conditions of the building. Surface imperfections,
  829  such as cracks, distortion, sagging, excessive deflections,
  830  significant misalignment, signs of leakage, or peeling of
  831  finishes, must be critically viewed as possible signs of
  832  structural distress. If the architect or engineer finds no signs
  833  of structural distress to any building components under visual
  834  examination, phase two of the inspection, as provided in
  835  paragraph (b), is not required. An architect or engineer who
  836  completes the first phase of a milestone inspection shall
  837  prepare and submit an inspection report pursuant to subsection
  838  (6).
  839         (b)Phase two of the milestone inspection must be performed
  840  if any structural distress is identified during phase one. The
  841  inspector in charge of a phase two inspection must be a licensed
  842  engineer or licensed architect who has a minimum of 5 years of
  843  experience designing the primary structural components of
  844  buildings and a minimum of 5 years of experience inspecting
  845  structural components of existing buildings of a similar size,
  846  scope, and type of construction. A phase two inspection may
  847  involve destructive or nondestructive testing at the inspector’s
  848  direction. The inspection may be as extensive or as limited as
  849  necessary to fully assess damaged areas of the building in order
  850  to confirm that the building is safe for its intended use or to
  851  recommend a program for fully assessing and repairing damaged
  852  portions of the building. When determining testing locations,
  853  the inspector must give preference to locations that are the
  854  least disruptive and most easily repairable while still being
  855  representative of the structure. An inspector who completes the
  856  second phase of a milestone inspection shall prepare and submit
  857  an inspection report pursuant to subsection (6).
  858         (6)Upon completion of a phase one or phase two milestone
  859  inspection, the architect or engineer who performed the
  860  inspection must submit a sealed copy of the inspection report to
  861  the board of administration and to the building official of the
  862  local government that has jurisdiction. The board of
  863  administration must distribute a copy of each inspection report
  864  to each unit owner, regardless of whether there are deficiencies
  865  reported. If the association is required by law to have a
  866  website, it must publish the report on the association’s
  867  website.
  868         (7)A local enforcing agency may prescribe timelines and
  869  penalties with respect to compliance with this section.
  870         (8)An association shall comply with structural and life
  871  safety standards for maintenance and inspections adopted by the
  872  Florida Building Commission.
  873         Section 5. Present subsections (4) through (9) of section
  874  718.113, Florida Statutes, are redesignated as subsections (5)
  875  through (10), respectively, a new subsection (4) is added to
  876  that section, and subsections (1) and (2) of that section are
  877  amended, to read:
  878         718.113 Maintenance; limitation upon improvement; display
  879  of flag; hurricane shutters and protection; display of religious
  880  decorations.—
  881         (1) Maintenance of the common elements is the
  882  responsibility of the association. The association shall provide
  883  for the maintenance, repair, and replacement of the association
  884  property identified in s. 718.301(4)(p). After turnover of
  885  control of the association to the unit owners, the association
  886  must perform any required maintenance identified by the
  887  developer pursuant to s. 718.301(4)(p) until the association
  888  obtains new maintenance protocols from a licensed professional
  889  engineer or architect. The declaration may provide that certain
  890  limited common elements shall be maintained by those entitled to
  891  use the limited common elements or that the association shall
  892  provide the maintenance, either as a common expense or with the
  893  cost shared only by those entitled to use the limited common
  894  elements. If the maintenance is to be by the association at the
  895  expense of only those entitled to use the limited common
  896  elements, the declaration shall describe in detail the method of
  897  apportioning such costs among those entitled to use the limited
  898  common elements, and the association may use the provisions of
  899  s. 718.116 to enforce payment of the shares of such costs by the
  900  unit owners entitled to use the limited common elements.
  901         (2)(a) Except as otherwise provided in this section, there
  902  shall be no material alteration or substantial additions to the
  903  common elements or to real property which is association
  904  property, except in a manner provided in the declaration as
  905  originally recorded or as amended under the procedures provided
  906  therein. If the declaration as originally recorded or as amended
  907  under the procedures provided therein does not specify the
  908  procedure for approval of material alterations or substantial
  909  additions, 75 percent of the total voting interests of the
  910  association must approve the alterations or additions before the
  911  material alterations or substantial additions are commenced.
  912  This paragraph is intended to clarify existing law and applies
  913  to associations existing on July 1, 2018.
  914         (b) There shall not be any material alteration of, or
  915  substantial addition to, the common elements of any condominium
  916  operated by a multicondominium association unless approved in
  917  the manner provided in the declaration of the affected
  918  condominium or condominiums as originally recorded or as amended
  919  under the procedures provided therein. If a declaration as
  920  originally recorded or as amended under the procedures provided
  921  therein does not specify a procedure for approving such an
  922  alteration or addition, the approval of 75 percent of the total
  923  voting interests of each affected condominium is required before
  924  the material alterations or substantial additions are commenced.
  925  This subsection does not prohibit a provision in any
  926  declaration, articles of incorporation, or bylaws as originally
  927  recorded or as amended under the procedures provided therein
  928  requiring the approval of unit owners in any condominium
  929  operated by the same association or requiring board approval
  930  before a material alteration or substantial addition to the
  931  common elements is permitted. This paragraph is intended to
  932  clarify existing law and applies to associations existing on
  933  July 1, 2018.
  934         (c) There shall not be any material alteration or
  935  substantial addition made to association real property operated
  936  by a multicondominium association, except as provided in the
  937  declaration, articles of incorporation, or bylaws as originally
  938  recorded or as amended under the procedures provided therein. If
  939  the declaration, articles of incorporation, or bylaws as
  940  originally recorded or as amended under the procedures provided
  941  therein do not specify the procedure for approving an alteration
  942  or addition to association real property, the approval of 75
  943  percent of the total voting interests of the association is
  944  required before the material alterations or substantial
  945  additions are commenced. This paragraph is intended to clarify
  946  existing law and applies to associations existing on July 1,
  947  2018.
  948         (d) The necessary maintenance, repair, or replacement of
  949  association property is not a material alteration or substantial
  950  addition requiring unit owner approval.
  951         (4) The association is not liable for alternative housing
  952  costs, lost rent, or other expenses if a resident must vacate a
  953  unit or is denied access to a common element for necessary
  954  maintenance, repair, or replacement of association property.
  955         Section 6. Paragraphs (a) and (e) of subsection (1) of
  956  section 718.115, Florida Statutes, are amended to read
  957         718.115 Common expenses and common surplus.—
  958         (1)(a) Common expenses include the expenses of the
  959  operation, maintenance, repair, replacement, or protection of
  960  the common elements and association property, costs of carrying
  961  out the powers and duties of the association, and any other
  962  expense, whether or not included in the foregoing, designated as
  963  common expense by this chapter, the declaration, the documents
  964  creating the association, or the bylaws. Common expenses also
  965  include reasonable transportation services, insurance for
  966  directors and officers, road maintenance and operation expenses,
  967  in-house communications, and security services, which are
  968  reasonably related to the general benefit of the unit owners
  969  even if such expenses do not attach to the common elements or
  970  property of the condominium. However, such common expenses must
  971  either have been services or items provided on or after the date
  972  control of the association is transferred from the developer to
  973  the unit owners or must be services or items provided for in the
  974  condominium documents or bylaws. Unless the manner of payment or
  975  allocation of expenses is otherwise addressed in the declaration
  976  of condominium, the expenses of any items or services required
  977  by any federal, state, or local governmental entity to be
  978  installed, maintained, or supplied to the condominium property
  979  by the association, including, but not limited to, firesafety
  980  equipment or water and sewer service where a master meter serves
  981  the condominium, shall be common expenses whether or not such
  982  items or services are specifically identified as common expenses
  983  in the declaration of condominium, articles of incorporation, or
  984  bylaws of the association. Notwithstanding any provision in a
  985  declaration requiring, prohibiting, or limiting a board of
  986  administration’s authority to adopt a special assessment or to
  987  borrow money on behalf of the association, including any
  988  provision in the governing documents requiring unit owner voting
  989  or approval, the board may adopt a special assessment or borrow
  990  money for the necessary maintenance, repair, or replacement of
  991  association property.
  992         (e) The expense of installation, replacement, operation,
  993  repair, and maintenance of hurricane shutters, impact glass,
  994  code-compliant windows or doors, or other types of code
  995  compliant hurricane protection by the board pursuant to s.
  996  718.113(6) s. 718.113(5) constitutes a common expense and shall
  997  be collected as provided in this section if the association is
  998  responsible for the maintenance, repair, and replacement of the
  999  hurricane shutters, impact glass, code-compliant windows or
 1000  doors, or other types of code-compliant hurricane protection
 1001  pursuant to the declaration of condominium. However, if the
 1002  maintenance, repair, and replacement of the hurricane shutters,
 1003  impact glass, code-compliant windows or doors, or other types of
 1004  code-compliant hurricane protection are the responsibility of
 1005  the unit owners pursuant to the declaration of condominium, the
 1006  cost of the installation of the hurricane shutters, impact
 1007  glass, code-compliant windows or doors, or other types of code
 1008  compliant hurricane protection is not a common expense and shall
 1009  be charged individually to the unit owners based on the cost of
 1010  installation of the hurricane shutters, impact glass, code
 1011  compliant windows or doors, or other types of code-compliant
 1012  hurricane protection appurtenant to the unit. Notwithstanding s.
 1013  718.116(9), and regardless of whether or not the declaration
 1014  requires the association or unit owners to maintain, repair, or
 1015  replace hurricane shutters, impact glass, code-compliant windows
 1016  or doors, or other types of code-compliant hurricane protection,
 1017  a unit owner who has previously installed hurricane shutters in
 1018  accordance with s. 718.113(6) s. 718.113(5) that comply with the
 1019  current applicable building code shall receive a credit when the
 1020  shutters are installed; a unit owner who has previously
 1021  installed impact glass or code-compliant windows or doors that
 1022  comply with the current applicable building code shall receive a
 1023  credit when the impact glass or code-compliant windows or doors
 1024  are installed; and a unit owner who has installed other types of
 1025  code-compliant hurricane protection that comply with the current
 1026  applicable building code shall receive a credit when the same
 1027  type of other code-compliant hurricane protection is installed,
 1028  and the credit shall be equal to the pro rata portion of the
 1029  assessed installation cost assigned to each unit. However, such
 1030  unit owner remains responsible for the pro rata share of
 1031  expenses for hurricane shutters, impact glass, code-compliant
 1032  windows or doors, or other types of code-compliant hurricane
 1033  protection installed on common elements and association property
 1034  by the board pursuant to s. 718.113(6) s. 718.113(5) and remains
 1035  responsible for a pro rata share of the expense of the
 1036  replacement, operation, repair, and maintenance of such
 1037  shutters, impact glass, code-compliant windows or doors, or
 1038  other types of code-compliant hurricane protection.
 1039         Section 7. Paragraph (b) of subsection (1) of section
 1040  718.116, Florida Statutes, is amended, and paragraphs (j) and
 1041  (k) are added to subsection (8) of that section, to read:
 1042         718.116 Assessments; liability; lien and priority;
 1043  interest; collection.—
 1044         (1)
 1045         (b)1. The liability of a first mortgagee or its successor
 1046  or assignees who acquire title to a unit by foreclosure or by
 1047  deed in lieu of foreclosure for the unpaid assessments that
 1048  became due before the mortgagee’s acquisition of title is
 1049  limited to the lesser of:
 1050         a. The unit’s unpaid common expenses and regular periodic
 1051  assessments which accrued or came due during the 12 months
 1052  immediately preceding the acquisition of title and for which
 1053  payment in full has not been received by the association; or
 1054         b. One percent of the original mortgage debt. The
 1055  provisions of this paragraph apply only if the first mortgagee
 1056  joined the association as a defendant in the foreclosure action.
 1057  Joinder of the association is not required if, on the date the
 1058  complaint is filed, the association was dissolved or did not
 1059  maintain an office or agent for service of process at a location
 1060  which was known to or reasonably discoverable by the mortgagee.
 1061         2. An association, or its successor or assignee, that
 1062  acquires title to a unit through the foreclosure of its lien for
 1063  assessments is not liable for any unpaid assessments, late fees,
 1064  interest, or reasonable attorney’s fees and costs that came due
 1065  before the association’s acquisition of title in favor of any
 1066  other association, as defined in s. 718.103(3) s. 718.103(2) or
 1067  s. 720.301(9), which holds a superior lien interest on the unit.
 1068  This subparagraph is intended to clarify existing law.
 1069         (8) Within 10 business days after receiving a written or
 1070  electronic request therefor from a unit owner or the unit
 1071  owner’s designee, or a unit mortgagee or the unit mortgagee’s
 1072  designee, the association shall issue the estoppel certificate.
 1073  Each association shall designate on its website a person or
 1074  entity with a street or e-mail address for receipt of a request
 1075  for an estoppel certificate issued pursuant to this section. The
 1076  estoppel certificate must be provided by hand delivery, regular
 1077  mail, or e-mail to the requestor on the date of issuance of the
 1078  estoppel certificate.
 1079         (j) If the budget of the association provides for funding
 1080  accounts for deferred expenditures, including, but not limited
 1081  to, funds for capital expenditures and deferred maintenance, but
 1082  the association has voted to waive reserves or to use existing
 1083  reserve funds for purposes other than purposes for which the
 1084  reserves were intended, the estoppel certificate must also
 1085  contain the following statement in conspicuous type: THE OWNERS
 1086  HAVE ELECTED TO WAIVE RESERVES, IN WHOLE OR IN PART, OR ALLOWED
 1087  ALTERNATIVE USES OF EXISTING RESERVES UNDER SECTION
 1088  718.112(2)(f), FLORIDA STATUTES. THE WAIVING OR ALTERNATIVE USE
 1089  OF RESERVE FUNDS MAY RESULT IN UNIT OWNER LIABILITY FOR PAYMENT
 1090  OF UNANTICIPATED SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
 1091         (k) If the association is required to perform a reserve
 1092  study under section 718.112(2)(f) and the budget of the
 1093  association does not fund the association’s reserve obligations
 1094  consistent with the reserve study currently in effect or the
 1095  association has not provided an alternative funding method for
 1096  the association’s reserve obligations, the estoppel certificate
 1097  must also contain the following statement in conspicuous type:
 1098  THE BOARD OF ADMINISTRATION FOR THIS ASSOCIATION HAS FAILED TO
 1099  SATISFY THE ASSOCIATION’S RESERVE FUNDING OBLIGATIONS UNDER
 1100  SECTION 718.112(2)(f), FLORIDA STATUTES. THE BUDGET OF THE
 1101  ASSOCIATION DOES NOT PROVIDE FOR FULLY FUNDED RESERVE ACCOUNTS
 1102  FOR CAPITAL EXPENDITURES AND DEFERRED MAINTENANCE CONSISTENT
 1103  WITH THE ASSOCIATION’S RESERVE STUDY. FAILURE TO FUND RESERVES
 1104  CONSISTENT WITH THE ASSOCIATION’S RESERVE STUDY MAY RESULT IN
 1105  UNANTICIPATED SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
 1106         Section 8. Subsection (1) of section 718.1255, Florida
 1107  Statutes, is amended to read:
 1108         718.1255 Alternative dispute resolution; mediation;
 1109  nonbinding arbitration; applicability.—
 1110         (1) DEFINITIONS.—As used in this section, the term
 1111  “dispute” means any disagreement between two or more parties
 1112  that involves:
 1113         (a) The authority of the board of directors, under this
 1114  chapter or association document, to:
 1115         1. Require any owner to take any action, or not to take any
 1116  action, involving that owner’s unit or the appurtenances
 1117  thereto.
 1118         2. Alter or add to a common area or element.
 1119         (b) The failure of a governing body, when required by this
 1120  chapter or an association document, to:
 1121         1. Properly conduct elections.
 1122         2. Give adequate notice of meetings or other actions.
 1123         3. Properly conduct meetings.
 1124         4. Allow inspection of books and records.
 1125         (c) A plan of termination pursuant to s. 718.117.
 1126         (d) The failure of a governing body, when required by this
 1127  chapter or an association document, to:
 1128         1. Perform a structural or life safety inspection,
 1129  including the milestone inspection required under s. 718.1123.
 1130         2. Perform a reserve study.
 1131         3. Fund reserves.
 1132         4. Make or provide necessary maintenance or repairs of
 1133  association property.
 1134  
 1135  “Dispute” does not include any disagreement that primarily
 1136  involves: title to any unit or common element; the
 1137  interpretation or enforcement of any warranty; the levy of a fee
 1138  or assessment, or the collection of an assessment levied against
 1139  a party; the eviction or other removal of a tenant from a unit;
 1140  alleged breaches of fiduciary duty by one or more directors; or
 1141  claims for damages to a unit based upon the alleged failure of
 1142  the association to maintain the common elements or condominium
 1143  property.
 1144         Section 9. Paragraph (p) of subsection (4) of section
 1145  718.301, Florida Statutes, is amended to read:
 1146         718.301 Transfer of association control; claims of defect
 1147  by association.—
 1148         (4) At the time that unit owners other than the developer
 1149  elect a majority of the members of the board of administration
 1150  of an association, the developer shall relinquish control of the
 1151  association, and the unit owners shall accept control.
 1152  Simultaneously, or for the purposes of paragraph (c) not more
 1153  than 90 days thereafter, the developer shall deliver to the
 1154  association, at the developer’s expense, all property of the
 1155  unit owners and of the association which is held or controlled
 1156  by the developer, including, but not limited to, the following
 1157  items, if applicable, as to each condominium operated by the
 1158  association:
 1159         (p) A report included in the official records, under seal
 1160  of an architect or engineer authorized to practice in this
 1161  state, attesting to required maintenance, condition, useful
 1162  life, and replacement costs of the following applicable
 1163  association property common elements comprising a turnover
 1164  inspection report:
 1165         1. Roof.
 1166         2. Structure.
 1167         3. Fireproofing and fire protection systems.
 1168         4. Elevators.
 1169         5. Heating and cooling systems.
 1170         6. Plumbing.
 1171         7. Electrical systems.
 1172         8. Swimming pool or spa and equipment.
 1173         9. Seawalls.
 1174         10. Pavement and parking areas.
 1175         11. Drainage systems.
 1176         12. Painting.
 1177         13. Irrigation systems.
 1178         14. Waterproofing.
 1179         Section 10. Paragraph (b) of subsection (1) of section
 1180  718.503, Florida Statutes, is amended, and paragraph (d) is
 1181  added to subsection (2) of that section, to read:
 1182         718.503 Developer disclosure prior to sale; nondeveloper
 1183  unit owner disclosure prior to sale; voidability.—
 1184         (1) DEVELOPER DISCLOSURE.—
 1185         (b) Copies of documents to be furnished to prospective
 1186  buyer or lessee.—Until such time as the developer has furnished
 1187  the documents listed below to a person who has entered into a
 1188  contract to purchase a residential unit or lease it for more
 1189  than 5 years, the contract may be voided by that person,
 1190  entitling the person to a refund of any deposit together with
 1191  interest thereon as provided in s. 718.202. The contract may be
 1192  terminated by written notice from the proposed buyer or lessee
 1193  delivered to the developer within 15 days after the buyer or
 1194  lessee receives all of the documents required by this section.
 1195  The developer may not close for 15 days after following the
 1196  execution of the agreement and delivery of the documents to the
 1197  buyer as evidenced by a signed receipt for documents unless the
 1198  buyer is informed in the 15-day voidability period and agrees to
 1199  close before prior to the expiration of the 15 days. The
 1200  developer shall retain in his or her records a separate
 1201  agreement signed by the buyer as proof of the buyer’s agreement
 1202  to close before prior to the expiration of the said voidability
 1203  period. The developer must retain such Said proof shall be
 1204  retained for a period of 5 years after the date of the closing
 1205  of the transaction. The documents to be delivered to the
 1206  prospective buyer are the prospectus or disclosure statement
 1207  with all exhibits, if the development is subject to the
 1208  provisions of s. 718.504, or, if not, then copies of the
 1209  following which are applicable:
 1210         1. The question and answer sheet described in s. 718.504,
 1211  and declaration of condominium, or the proposed declaration if
 1212  the declaration has not been recorded, which shall include the
 1213  certificate of a surveyor approximately representing the
 1214  locations required by s. 718.104.
 1215         2. The documents creating the association.
 1216         3. The bylaws.
 1217         4. The ground lease or other underlying lease of the
 1218  condominium.
 1219         5. The management contract, maintenance contract, and other
 1220  contracts for management of the association and operation of the
 1221  condominium and facilities used by the unit owners having a
 1222  service term in excess of 1 year, and any management contracts
 1223  that are renewable.
 1224         6. The estimated operating budget for the condominium and a
 1225  schedule of expenses for each type of unit, including fees
 1226  assessed pursuant to s. 718.113(1) for the maintenance of
 1227  limited common elements where such costs are shared only by
 1228  those entitled to use the limited common elements.
 1229         7. The lease of recreational and other facilities that will
 1230  be used only by unit owners of the subject condominium.
 1231         8. The lease of recreational and other common facilities
 1232  that will be used by unit owners in common with unit owners of
 1233  other condominiums.
 1234         9. The form of unit lease if the offer is of a leasehold.
 1235         10. Any declaration of servitude of properties serving the
 1236  condominium but not owned by unit owners or leased to them or
 1237  the association.
 1238         11. If the development is to be built in phases or if the
 1239  association is to manage more than one condominium, a
 1240  description of the plan of phase development or the arrangements
 1241  for the association to manage two or more condominiums.
 1242         12. If the condominium is a conversion of existing
 1243  improvements, the statements and disclosure required by s.
 1244  718.616.
 1245         13. The form of agreement for sale or lease of units.
 1246         14. A copy of the floor plan of the unit and the plot plan
 1247  showing the location of the residential buildings and the
 1248  recreation and other common areas.
 1249         15. A copy of all covenants and restrictions that which
 1250  will affect the use of the property and which are not contained
 1251  in the foregoing.
 1252         16. If the developer is required by state or local
 1253  authorities to obtain acceptance or approval of any dock or
 1254  marina facilities intended to serve the condominium, a copy of
 1255  any such acceptance or approval acquired by the time of filing
 1256  with the division under s. 718.502(1), or a statement that such
 1257  acceptance or approval has not been acquired or received.
 1258         17. Evidence demonstrating that the developer has an
 1259  ownership, leasehold, or contractual interest in the land upon
 1260  which the condominium is to be developed.
 1261         18.A copy of the reserve study required under s.
 1262  718.112(2)(f), along with a report or financial statement
 1263  indicating the status of the reserves.
 1264         (2) NONDEVELOPER DISCLOSURE.—
 1265         (d) If the building in which the condominium unit is
 1266  located is subject to the reserve study requirements in s.
 1267  718.112(2)(f) and the milestone inspection requirements in s.
 1268  718.1123, each contract for the resale of a residential unit
 1269  must contain in conspicuous type either:
 1270         1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
 1271  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE MOST RECENT
 1272  RESERVE STUDY REQUIRED BY SECTION 718.112, FLORIDA STATUTES, AND
 1273  ALL MILESTONE INSPECTION REPORTS REQUIRED BY SECTION 718.1123,
 1274  FLORIDA STATUTES, MORE THAN 3 DAYS, EXCLUDING SATURDAYS,
 1275  SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF THIS
 1276  CONTRACT; or
 1277         2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
 1278  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
 1279  CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
 1280  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
 1281  BUYER AND RECEIPT BY BUYER OF ALL OF THE FOLLOWING: A CURRENT
 1282  COPY OF THE MOST RECENT RESERVE STUDY REQUIRED BY SECTION
 1283  718.112, FLORIDA STATUTES, AND ALL MILESTONE INSPECTION REPORTS
 1284  REQUIRED BY SECTION 718.1123, FLORIDA STATUTES. ANY PURPORTED
 1285  WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
 1286  MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3
 1287  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
 1288  THE BUYER RECEIVES ALL OF THE FOLLOWING: THE MOST RECENT RESERVE
 1289  STUDY REQUIRED BY SECTION 718.112, FLORIDA STATUTES, AND ALL
 1290  MILESTONE INSPECTION REPORTS REQUIRED BY SECTION 718.1123,
 1291  FLORIDA STATUTES. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL
 1292  TERMINATE AT CLOSING.
 1293  
 1294  A contract that does not conform to the requirements of this
 1295  paragraph is voidable at the option of the purchaser prior to
 1296  closing.
 1297         Section 11. Present subsections (22) through (28) of
 1298  section 718.504, Florida Statutes, are redesignated as
 1299  subsections (23) through (29), respectively, and a new
 1300  subsection (22) is added to that section, to read:
 1301         718.504 Prospectus or offering circular.—Every developer of
 1302  a residential condominium which contains more than 20
 1303  residential units, or which is part of a group of residential
 1304  condominiums which will be served by property to be used in
 1305  common by unit owners of more than 20 residential units, shall
 1306  prepare a prospectus or offering circular and file it with the
 1307  Division of Florida Condominiums, Timeshares, and Mobile Homes
 1308  prior to entering into an enforceable contract of purchase and
 1309  sale of any unit or lease of a unit for more than 5 years and
 1310  shall furnish a copy of the prospectus or offering circular to
 1311  each buyer. In addition to the prospectus or offering circular,
 1312  each buyer shall be furnished a separate page entitled
 1313  “Frequently Asked Questions and Answers,” which shall be in
 1314  accordance with a format approved by the division and a copy of
 1315  the financial information required by s. 718.111. This page
 1316  shall, in readable language, inform prospective purchasers
 1317  regarding their voting rights and unit use restrictions,
 1318  including restrictions on the leasing of a unit; shall indicate
 1319  whether and in what amount the unit owners or the association is
 1320  obligated to pay rent or land use fees for recreational or other
 1321  commonly used facilities; shall contain a statement identifying
 1322  that amount of assessment which, pursuant to the budget, would
 1323  be levied upon each unit type, exclusive of any special
 1324  assessments, and which shall further identify the basis upon
 1325  which assessments are levied, whether monthly, quarterly, or
 1326  otherwise; shall state and identify any court cases in which the
 1327  association is currently a party of record in which the
 1328  association may face liability in excess of $100,000; and which
 1329  shall further state whether membership in a recreational
 1330  facilities association is mandatory, and if so, shall identify
 1331  the fees currently charged per unit type. The division shall by
 1332  rule require such other disclosure as in its judgment will
 1333  assist prospective purchasers. The prospectus or offering
 1334  circular may include more than one condominium, although not all
 1335  such units are being offered for sale as of the date of the
 1336  prospectus or offering circular. The prospectus or offering
 1337  circular must contain the following information:
 1338         (22)(a) If the budget of the association provides for
 1339  funding accounts for deferred expenditures, including, but not
 1340  limited to, funds for capital expenditures and deferred
 1341  maintenance, but the association has voted to waive reserves or
 1342  to use existing reserve funds for purposes other than purposes
 1343  for which the reserves were intended, the prospectus or offering
 1344  circular must also contain the following statement in
 1345  conspicuous type: THE OWNERS HAVE ELECTED TO WAIVE RESERVES, IN
 1346  WHOLE OR IN PART, OR ALLOWED ALTERNATIVE USES OF EXISTING
 1347  RESERVES UNDER SECTION 718.112(2)(f), FLORIDA STATUTES. THE
 1348  WAIVING OR ALTERNATIVE USE OF RESERVE FUNDS MAY RESULT IN UNIT
 1349  OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED SPECIAL ASSESSMENTS
 1350  REGARDING THOSE ITEMS.
 1351         (b) If the association is required to perform a reserve
 1352  study under section 718.112(2)(f) and the budget of the
 1353  association does not fund the association’s reserve obligations
 1354  consistent with the reserve study currently in effect or the
 1355  association has not provided an alternative funding method for
 1356  the association’s reserve obligations, the prospectus or
 1357  offering circular must also contain the following statement in
 1358  conspicuous type: THE BOARD OF ADMINISTRATION FOR THIS
 1359  ASSOCIATION HAS FAILED TO SATISFY THE ASSOCIATION’S RESERVE
 1360  FUNDING OBLIGATIONS UNDER SECTION 718.112(2)(f), FLORIDA
 1361  STATUTES. THE BUDGET OF THE ASSOCIATION DOES NOT PROVIDE FOR
 1362  FULLY FUNDED RESERVE ACCOUNTS FOR CAPITAL EXPENDITURES AND
 1363  DEFERRED MAINTENANCE CONSISTENT WITH THE ASSOCIATION’S RESERVE
 1364  STUDY. FAILURE TO FUND RESERVES CONSISTENT WITH THE
 1365  ASSOCIATION’S RESERVE STUDY MAY RESULT IN UNANTICIPATED SPECIAL
 1366  ASSESSMENTS REGARDING THOSE ITEMS.
 1367         Section 12. Present subsections (1) through (28) of section
 1368  719.103, Florida Statutes, are redesignated as subsections (2)
 1369  through (29), respectively, and a new subsection (1) is added to
 1370  that section, to read:
 1371         719.103 Definitions.—As used in this chapter:
 1372         (1)“Alternative funding method” means a method for the
 1373  funding of a reserve account by other than an assessment or
 1374  special assessment which may reasonably be expected to fully
 1375  satisfy the association’s reserve funding obligations. This may
 1376  include an immediately available line of credit equal to the
 1377  amount of any waived reserves, payments into the reserve account
 1378  by a developer who is offering units, or any other method that
 1379  has been approved by the division.
 1380         Section 13. Present subsections (5) through (11) of section
 1381  719.104, Florida Statutes, are redesignated as subsections (6)
 1382  through (12), respectively, a new subsection (5) is added to
 1383  that section, and paragraphs (a) and (c) of subsection (2) and
 1384  paragraph (a) of subsection (4) of that section are amended, to
 1385  read:
 1386         719.104 Cooperatives; access to units; records; financial
 1387  reports; assessments; purchase of leases.—
 1388         (2) OFFICIAL RECORDS.—
 1389         (a) From the inception of the association, the association
 1390  shall maintain a copy of each of the following, where
 1391  applicable, which shall constitute the official records of the
 1392  association:
 1393         1. The plans, permits, warranties, and other items provided
 1394  by the developer pursuant to s. 719.301(4).
 1395         2. A photocopy of the cooperative documents.
 1396         3. A copy of the current rules of the association.
 1397         4. A book or books containing the minutes of all meetings
 1398  of the association, of the board of directors, and of the unit
 1399  owners.
 1400         5. A current roster of all unit owners and their mailing
 1401  addresses, unit identifications, voting certifications, and, if
 1402  known, telephone numbers. The association shall also maintain
 1403  the e-mail addresses and the numbers designated by unit owners
 1404  for receiving notice sent by electronic transmission of those
 1405  unit owners consenting to receive notice by electronic
 1406  transmission. The e-mail addresses and numbers provided by unit
 1407  owners to receive notice by electronic transmission shall be
 1408  removed from association records when consent to receive notice
 1409  by electronic transmission is revoked. However, the association
 1410  is not liable for an erroneous disclosure of the e-mail address
 1411  or the number for receiving electronic transmission of notices.
 1412         6. All current insurance policies of the association.
 1413         7. A current copy of any management agreement, lease, or
 1414  other contract to which the association is a party or under
 1415  which the association or the unit owners have an obligation or
 1416  responsibility.
 1417         8. Bills of sale or transfer for all property owned by the
 1418  association.
 1419         9. Accounting records for the association and separate
 1420  accounting records for each unit it operates, according to good
 1421  accounting practices. The accounting records shall include, but
 1422  not be limited to:
 1423         a. Accurate, itemized, and detailed records of all receipts
 1424  and expenditures.
 1425         b. A current account and a monthly, bimonthly, or quarterly
 1426  statement of the account for each unit designating the name of
 1427  the unit owner, the due date and amount of each assessment, the
 1428  amount paid upon the account, and the balance due.
 1429         c. All audits, reviews, accounting statements, reserve
 1430  studies, and financial reports of the association.
 1431         d. All contracts for work to be performed. Bids for work to
 1432  be performed shall also be considered official records and shall
 1433  be maintained for a period of 1 year.
 1434         10. Ballots, sign-in sheets, voting proxies, and all other
 1435  papers and electronic records relating to voting by unit owners,
 1436  which shall be maintained for a period of 1 year after the date
 1437  of the election, vote, or meeting to which the document relates.
 1438         11. All rental records where the association is acting as
 1439  agent for the rental of units.
 1440         12. A copy of the current question and answer sheet as
 1441  described in s. 719.504.
 1442         13. All affirmative acknowledgments made pursuant to s.
 1443  719.108(3)(b)3.
 1444         14. A copy of the inspection reports as described in ss.
 1445  719.1062 and 719.301(4)(p) and any other inspection report
 1446  relating to a structural or life safety inspection of the
 1447  cooperative property.
 1448         15. All other written records of the association not
 1449  specifically included in the foregoing which are related to the
 1450  operation of the association.
 1451         (c) The official records of the association are open to
 1452  inspection by any association member or the authorized
 1453  representative of such member at all reasonable times. The right
 1454  to inspect the records includes the right to make or obtain
 1455  copies, at the reasonable expense, if any, of the association
 1456  member. A renter of a unit has a right to inspect and copy only
 1457  the association’s bylaws and rules and the inspection reports
 1458  described in ss. 719.1062 and 719.301(4)(p). The association may
 1459  adopt reasonable rules regarding the frequency, time, location,
 1460  notice, and manner of record inspections and copying, but may
 1461  not require a member to demonstrate any purpose or state any
 1462  reason for the inspection. The failure of an association to
 1463  provide the records within 10 working days after receipt of a
 1464  written request creates a rebuttable presumption that the
 1465  association willfully failed to comply with this paragraph. A
 1466  member who is denied access to official records is entitled to
 1467  the actual damages or minimum damages for the association’s
 1468  willful failure to comply. The minimum damages are $50 per
 1469  calendar day for up to 10 days, beginning on the 11th working
 1470  day after receipt of the written request. The failure to permit
 1471  inspection entitles any person prevailing in an enforcement
 1472  action to recover reasonable attorney fees from the person in
 1473  control of the records who, directly or indirectly, knowingly
 1474  denied access to the records. Any person who knowingly or
 1475  intentionally defaces or destroys accounting records that are
 1476  required by this chapter to be maintained during the period for
 1477  which such records are required to be maintained, or who
 1478  knowingly or intentionally fails to create or maintain
 1479  accounting records that are required to be created or
 1480  maintained, with the intent of causing harm to the association
 1481  or one or more of its members, is personally subject to a civil
 1482  penalty under s. 719.501(1)(d). The association shall maintain
 1483  an adequate number of copies of the declaration, articles of
 1484  incorporation, bylaws, and rules, and all amendments to each of
 1485  the foregoing, as well as the question and answer sheet as
 1486  described in s. 719.504 and year-end financial information
 1487  required by the department, on the cooperative property to
 1488  ensure their availability to members and prospective purchasers,
 1489  and may charge its actual costs for preparing and furnishing
 1490  these documents to those requesting the same. An association
 1491  shall allow a member or his or her authorized representative to
 1492  use a portable device, including a smartphone, tablet, portable
 1493  scanner, or any other technology capable of scanning or taking
 1494  photographs, to make an electronic copy of the official records
 1495  in lieu of the association providing the member or his or her
 1496  authorized representative with a copy of such records. The
 1497  association may not charge a member or his or her authorized
 1498  representative for the use of a portable device. Notwithstanding
 1499  this paragraph, the following records shall not be accessible to
 1500  members:
 1501         1. Any record protected by the lawyer-client privilege as
 1502  described in s. 90.502 and any record protected by the work
 1503  product privilege, including any record prepared by an
 1504  association attorney or prepared at the attorney’s express
 1505  direction which reflects a mental impression, conclusion,
 1506  litigation strategy, or legal theory of the attorney or the
 1507  association, and which was prepared exclusively for civil or
 1508  criminal litigation or for adversarial administrative
 1509  proceedings, or which was prepared in anticipation of such
 1510  litigation or proceedings until the conclusion of the litigation
 1511  or proceedings.
 1512         2. Information obtained by an association in connection
 1513  with the approval of the lease, sale, or other transfer of a
 1514  unit.
 1515         3. Personnel records of association or management company
 1516  employees, including, but not limited to, disciplinary, payroll,
 1517  health, and insurance records. For purposes of this
 1518  subparagraph, the term “personnel records” does not include
 1519  written employment agreements with an association employee or
 1520  management company, or budgetary or financial records that
 1521  indicate the compensation paid to an association employee.
 1522         4. Medical records of unit owners.
 1523         5. Social security numbers, driver license numbers, credit
 1524  card numbers, e-mail addresses, telephone numbers, facsimile
 1525  numbers, emergency contact information, addresses of a unit
 1526  owner other than as provided to fulfill the association’s notice
 1527  requirements, and other personal identifying information of any
 1528  person, excluding the person’s name, unit designation, mailing
 1529  address, property address, and any address, e-mail address, or
 1530  facsimile number provided to the association to fulfill the
 1531  association’s notice requirements. Notwithstanding the
 1532  restrictions in this subparagraph, an association may print and
 1533  distribute to unit owners a directory containing the name, unit
 1534  address, and all telephone numbers of each unit owner. However,
 1535  an owner may exclude his or her telephone numbers from the
 1536  directory by so requesting in writing to the association. An
 1537  owner may consent in writing to the disclosure of other contact
 1538  information described in this subparagraph. The association is
 1539  not liable for the inadvertent disclosure of information that is
 1540  protected under this subparagraph if the information is included
 1541  in an official record of the association and is voluntarily
 1542  provided by an owner and not requested by the association.
 1543         6. Electronic security measures that are used by the
 1544  association to safeguard data, including passwords.
 1545         7. The software and operating system used by the
 1546  association which allow the manipulation of data, even if the
 1547  owner owns a copy of the same software used by the association.
 1548  The data is part of the official records of the association.
 1549         8. All affirmative acknowledgments made pursuant to s.
 1550  719.108(3)(b)3.
 1551         (4) FINANCIAL REPORT.—
 1552         (a) Within 90 days following the end of the fiscal or
 1553  calendar year or annually on such date as provided in the bylaws
 1554  of the association, the board of administration shall prepare
 1555  and complete, or contract with a third party to prepare and
 1556  complete, a financial report covering the preceding fiscal or
 1557  calendar year. Within 21 days after the financial report is
 1558  completed by the association or received from the third party,
 1559  but no later than 120 days after the end of the fiscal year,
 1560  calendar year, or other date provided in the bylaws, the
 1561  association shall provide each member with a copy of the annual
 1562  financial report or a written notice that a copy of the
 1563  financial report is available upon request at no charge to the
 1564  member. The division shall adopt rules setting forth uniform
 1565  accounting principles, standards, and reporting requirements.
 1566  The rules must include, but not be limited to, standards for
 1567  presenting a summary of association reserves, including a good
 1568  faith estimate disclosing the annual amount of reserve funds
 1569  that would be necessary for the association to fully fund
 1570  reserves for each reserve item based on the straight-line
 1571  accounting method or on the pooling method. In adopting such
 1572  rules, the division shall consider the number of members and
 1573  annual revenues of an association.
 1574         (5) MAINTENANCE.—
 1575         (a) Maintenance of the common elements is the
 1576  responsibility of the association. The association shall provide
 1577  for the maintenance, repair, and replacement of the cooperative
 1578  property identified in s. 719.301(4)(p). After turnover of
 1579  control of the association to the unit owners, the association
 1580  must perform any required maintenance identified by the
 1581  developer pursuant to s. 719.301(4)(p) until the association
 1582  obtains new maintenance protocols from a licensed professional
 1583  engineer or architect.
 1584         (b) The necessary maintenance, repair, or replacement of
 1585  cooperative property is not a material alteration or substantial
 1586  addition requiring unit owner approval.
 1587         (c) The association is not liable for alternative housing
 1588  costs, lost rent, or other expenses if a resident must vacate a
 1589  unit or is denied access to a common element for necessary
 1590  maintenance, repair, or replacement of cooperative property.
 1591         Section 14. Paragraph (j) of subsection (1) of section
 1592  719.106, Florida Statutes, is amended to read:
 1593         719.106 Bylaws; cooperative ownership.—
 1594         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 1595  documents shall provide for the following, and if they do not,
 1596  they shall be deemed to include the following:
 1597         (j) Annual budget.—
 1598         1. The proposed annual budget of common expenses shall be
 1599  detailed and shall show the amounts budgeted by accounts and
 1600  expense classifications, including, if applicable, but not
 1601  limited to, those expenses listed in s. 719.504(20). The board
 1602  of administration shall adopt the annual budget at least 14 days
 1603  prior to the start of the association’s fiscal year. In the
 1604  event that the board fails to timely adopt the annual budget a
 1605  second time, it shall be deemed a minor violation and the prior
 1606  year’s budget shall continue in effect until a new budget is
 1607  adopted.
 1608         2. In addition to annual operating expenses, the budget
 1609  shall include reserve accounts for capital expenditures and
 1610  deferred maintenance. These accounts shall include, but not be
 1611  limited to, the maintenance and replacement of the cooperative
 1612  property identified in s. 719.301(4)(p) roof replacement,
 1613  building painting, and pavement resurfacing, regardless of the
 1614  amount of deferred maintenance expense or replacement cost, and
 1615  for any other items for which the deferred maintenance expense
 1616  or replacement cost exceeds $10,000. The amount to be reserved
 1617  shall be computed by means of a formula which is based upon
 1618  estimated remaining useful life and estimated replacement cost
 1619  or deferred maintenance expense of each reserve item. The
 1620  association may adjust replacement reserve assessments annually
 1621  to take into account any changes in estimates or extension of
 1622  the useful life of a reserve item caused by deferred
 1623  maintenance. This paragraph shall not apply to any budget in
 1624  which the members of an association have, at a duly called
 1625  meeting of the association, determined for a fiscal year to
 1626  provide no reserves or reserves less adequate than required by
 1627  this subsection. If an association is required to perform a
 1628  reserve study under this paragraph, the members of the
 1629  association may vote to waive reserve contributions or reduce
 1630  reserve funding if the association’s reserve obligations are
 1631  funded consistent with the reserve study currently in effect or
 1632  if the association provides an alternative funding method for
 1633  the association’s reserve obligations. Reserves may be funded
 1634  using the pooling method; however, funding for the maintenance,
 1635  repair, or replacement of the cooperative property identified in
 1636  s. 719.301(4)(p) may not be pooled with reserves for other
 1637  expenses of the association.
 1638         3. However, Prior to turnover of control of an association
 1639  by a developer to unit owners other than a developer pursuant to
 1640  s. 719.301, the developer may vote to waive the reserves or
 1641  reduce the funding of reserves for the first 2 years of the
 1642  operation of the association after which time reserves may only
 1643  be waived or reduced upon the vote of a majority of all
 1644  nondeveloper voting interests voting in person or by limited
 1645  proxy at a duly called meeting of the association. If a meeting
 1646  of the unit owners has been called to determine to provide no
 1647  reserves, or reserves less adequate than required, and such
 1648  result is not attained or a quorum is not attained, the reserves
 1649  as included in the budget shall go into effect. For an
 1650  association that is required to perform a reserve study under
 1651  this paragraph, the developer may only vote to waive reserve
 1652  contributions or reduce reserve funding if the association’s
 1653  reserve obligations are funded consistent with the reserve study
 1654  currently in effect or if the association provides an
 1655  alternative funding method for the association’s reserve
 1656  obligations.
 1657         4.3. Reserve funds and any interest accruing thereon shall
 1658  remain in the reserve account or accounts, and shall be used
 1659  only for authorized reserve expenditures unless their use for
 1660  other purposes is approved in advance by a vote of the majority
 1661  of the voting interests, voting in person or by limited proxy at
 1662  a duly called meeting of the association. Prior to turnover of
 1663  control of an association by a developer to unit owners other
 1664  than the developer under s. 719.301, the developer may not vote
 1665  to use reserves for purposes other than that for which they were
 1666  intended without the approval of a majority of all nondeveloper
 1667  voting interests, voting in person or by limited proxy at a duly
 1668  called meeting of the association. Reserve funds that are used
 1669  for purposes other than authorized reserve expenditures must be
 1670  reinstated in the reserve account or accounts within 12 months
 1671  after the expenditure.
 1672         5. Unless the governing documents provide for a more
 1673  frequent reserve study, an association with a residential
 1674  cooperative building that is three stories or more in height
 1675  must have a study conducted of the reserves required to repair,
 1676  replace, and restore the cooperative property identified in s.
 1677  719.301(4)(p) at least every 3 years. The board shall review the
 1678  results of such study at least annually to determine if reserves
 1679  are sufficient to meet the association’s reserve obligations and
 1680  to make any adjustments the board deems necessary to maintain
 1681  reserves, as appropriate. The division shall adopt rules setting
 1682  forth uniform standards and forms for reserve studies. The
 1683  reserve study must include, without limitation:
 1684         a. A summary of any inspection of the major components of
 1685  the cooperative property identified in s. 719.301(4)(p) and any
 1686  other portion of the cooperative property that the association
 1687  is obligated to maintain, repair, replace, or restore;
 1688         b.If applicable, a summary of the findings and
 1689  recommendations of the milestone inspection report required
 1690  under s. 719.1062;
 1691         c. An estimate of the remaining useful life of each major
 1692  component of the cooperative property identified in s.
 1693  719.301(4)(p) and any other portion of the cooperative property
 1694  that the association is obligated to maintain, repair, replace,
 1695  or restore identified pursuant to a milestone inspection and any
 1696  other structural or life safety inspection of the cooperative
 1697  property;
 1698         d. An estimate of the cost of maintenance, repair,
 1699  replacement, or restoration of each major component of the
 1700  cooperative property identified in s. 719.301(4)(p) and any
 1701  other portion of the cooperative property that the association
 1702  is obligated to maintain, repair, replace, or restore identified
 1703  pursuant to sub-subparagraph c. during and at the end of its
 1704  useful life; and
 1705         e. An estimate of the total annual assessment that may be
 1706  necessary to cover the cost of maintaining, repairing,
 1707  replacing, or restoring the major components of the cooperative
 1708  property identified in s. 719.301(4)(p) and any other portion of
 1709  the cooperative property identified pursuant to sub-subparagraph
 1710  c., after subtracting the reserves of the association as of the
 1711  date of the study, and an estimate of the funding plan,
 1712  including any alternative funding method, that may be necessary
 1713  to provide adequate funding for the required reserves.
 1714         6. To the extent that the reserve study conducted in
 1715  accordance with this paragraph indicates a need to budget for
 1716  reserves, the annual budget must include:
 1717         a. The identification of all items for which reserves are
 1718  or will be established;
 1719         b. The current estimated replacement cost, estimated
 1720  remaining life, and estimated useful life of the cooperative
 1721  property identified in s. 719.301(4)(p);
 1722         c. As of the beginning of the fiscal year for which the
 1723  budget is prepared, the current amount of accumulated cash
 1724  reserves set aside to repair, replace, or restore the reserve
 1725  components and the amount of the expected contribution to the
 1726  reserve fund for that fiscal year;
 1727         d.A description of the funding plan for the reserve
 1728  funding obligations of the association, including the use of
 1729  regular assessments, special assessments, and any other
 1730  alternative funding method; and
 1731         e. A description of the procedures used for the estimation
 1732  and accumulation of reserves pursuant to this paragraph, the
 1733  identity of any independent third party who conducted the
 1734  reserve study on behalf of the association, and the extent to
 1735  which the association is funding its reserve obligations
 1736  consistent with the reserve study currently in effect.
 1737         7. If the budget of the association provides for funding
 1738  accounts for deferred expenditures, including, but not limited
 1739  to, funds for capital expenditures and deferred maintenance, but
 1740  the association has voted to waive reserves or to use existing
 1741  reserve funds for purposes other than purposes for which the
 1742  reserves were intended, a financial report must contain the
 1743  following statement in conspicuous type: THE OWNERS HAVE ELECTED
 1744  TO WAIVE RESERVES, IN WHOLE OR IN PART, OR ALLOWED ALTERNATIVE
 1745  USES OF EXISTING RESERVES UNDER SECTION 719.106(1)(j), FLORIDA
 1746  STATUTES. THE WAIVING OR ALTERNATIVE USE OF RESERVE FUNDS MAY
 1747  RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
 1748  SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
 1749         8. If the association is required to perform a reserve
 1750  study under this paragraph and the budget of the association
 1751  does not fund the association’s reserve obligations consistent
 1752  with the reserve study currently in effect or the association
 1753  has not provided an alternative funding method for the
 1754  association’s reserve obligations, the financial report must
 1755  also contain the following statement in conspicuous type: THE
 1756  BOARD OF ADMINISTRATION FOR THIS ASSOCIATION HAS FAILED TO
 1757  SATISFY THE ASSOCIATION’S RESERVE FUNDING OBLIGATIONS UNDER
 1758  SECTION 719.106(1)(j), FLORIDA STATUTES. THE BUDGET OF THE
 1759  ASSOCIATION DOES NOT PROVIDE FOR FULLY FUNDED RESERVE ACCOUNTS
 1760  FOR CAPITAL EXPENDITURES AND DEFERRED MAINTENANCE CONSISTENT
 1761  WITH THE ASSOCIATION’S RESERVE STUDY. FAILURE TO FUND RESERVES
 1762  CONSISTENT WITH THE ASSOCIATION’S RESERVE STUDY MAY RESULT IN
 1763  UNANTICIPATED SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
 1764         Section 15. Section 719.1062, Florida Statutes, is created
 1765  to read:
 1766         719.1062 Mandatory structural inspections.—
 1767         (1)The Legislature finds that maintaining the structural
 1768  integrity of a cooperative building throughout its service life
 1769  is of paramount importance in order to ensure that buildings are
 1770  structurally sound so as not to pose a threat to the public
 1771  health, safety, or welfare. As such, the Legislature finds that
 1772  the imposition of a statewide structural inspection program for
 1773  aging residential cooperative buildings in this state is
 1774  necessary to ensure that such buildings are safe for continued
 1775  use.
 1776         (2)As used in this section, the term “milestone
 1777  inspection” means a structural inspection of a building by a
 1778  licensed architect or engineer authorized to practice in this
 1779  state for the purposes of attesting to the life safety and
 1780  adequacy of the structural components of the building and, to
 1781  the extent reasonably possible, determining the general
 1782  structural condition of the building as it affects the safety of
 1783  such building. The purpose of such inspection is not to
 1784  determine if the condition of an existing building is in
 1785  compliance with the Florida Building Code.
 1786         (3)A residential cooperative building that is three
 1787  stories or more in height must have a milestone inspection
 1788  performed by December 31 of the year in which the building
 1789  reaches 30 years of age, based on the date the certificate of
 1790  occupancy was issued, and every 10 years thereafter. A
 1791  residential cooperative building that is three stories or more
 1792  in height and is located within 3 miles of a coastline as
 1793  defined in s. 376.031 must have a milestone inspection by
 1794  December 31 of the year in which the building reaches 20 years
 1795  of age, based on the date the certificate of occupancy was
 1796  issued, and every 7 years thereafter. If a cooperative building
 1797  is required to have a milestone inspection performed pursuant to
 1798  this section, the board of administration of the association
 1799  must arrange for the milestone inspection to be performed and is
 1800  responsible for ensuring compliance with the requirements of
 1801  this section. The association responsible for inspection under
 1802  this section is responsible for all costs associated with the
 1803  inspection.
 1804         (4)If a milestone inspection is required under this
 1805  section, and the building’s certificate of occupancy was issued
 1806  on or before July 1, 1992, the building’s initial milestone
 1807  inspection must be performed before December 31, 2024.
 1808         (5)A milestone inspection consists of two phases:
 1809         (a)For phase one of the milestone inspection, a licensed
 1810  architect or engineer authorized to practice in this state shall
 1811  perform a visual examination of all habitable and nonhabitable
 1812  areas of a building and provide a qualitative assessment of the
 1813  structural conditions of the building. Surface imperfections,
 1814  such as cracks, distortion, sagging, excessive deflections,
 1815  significant misalignment, signs of leakage, or peeling of
 1816  finishes, must be critically viewed as possible signs of
 1817  structural distress. If the architect or engineer finds no signs
 1818  of structural distress to any building components under visual
 1819  examination, phase two of the inspection, as provided in
 1820  paragraph (b), is not required. An architect or engineer who
 1821  completes the first phase of a milestone inspection shall
 1822  prepare and submit an inspection report pursuant to subsection
 1823  (6).
 1824         (b)Phase two of the milestone inspection must be performed
 1825  if any structural distress is identified during phase one. The
 1826  inspector in charge of a phase two inspection must be a licensed
 1827  engineer or licensed architect who has a minimum of 5 years of
 1828  experience designing the primary structural components of
 1829  buildings and a minimum of 5 years of experience inspecting
 1830  structural components of existing buildings of a similar size,
 1831  scope, and type of construction. A phase two inspection may
 1832  involve destructive or nondestructive testing at the inspector’s
 1833  direction. The inspection may be as extensive or as limited as
 1834  necessary to fully assess damaged areas of the building in order
 1835  to confirm that the building is safe for its intended use or to
 1836  recommend a program for fully assessing and repairing damaged
 1837  portions of the building. When determining testing locations,
 1838  the inspector must give preference to locations that are the
 1839  least disruptive and most easily repairable while still being
 1840  representative of the structure. An inspector who completes the
 1841  second phase of a milestone inspection shall prepare and submit
 1842  an inspection report pursuant to subsection (6).
 1843         (6)Upon completion of a phase one or phase two milestone
 1844  inspection, the architect or engineer who performed the
 1845  inspection must submit a sealed copy of the inspection report to
 1846  the board of administration of the association and to the
 1847  building official of the local government that has jurisdiction.
 1848  The board of administration must distribute a copy of each
 1849  inspection report to each unit owner regardless of whether there
 1850  are deficiencies reported, and if the association is required by
 1851  law to have a website, must publish the report on the
 1852  association’s website.
 1853         (7)A local enforcing agency may prescribe timelines and
 1854  penalties with respect to compliance with this section.
 1855         (8)An association shall comply with structural and life
 1856  safety standards for maintenance and inspections adopted by the
 1857  Florida Building Commission.
 1858         Section 16. Paragraph (f) is added to subsection (1) of
 1859  section 719.107, Florida Statutes, to read:
 1860         719.107 Common expenses; assessment.—
 1861         (1)
 1862         (f) Notwithstanding any provision in a declaration
 1863  requiring, prohibiting, or limiting a board of administration’s
 1864  authority to adopt a special assessment or to borrow money on
 1865  behalf of the association, including any provision in the
 1866  governing documents requiring unit owner voting or approval, the
 1867  board may adopt a special assessment or borrow money for the
 1868  necessary maintenance, repair, or replacement of the cooperative
 1869  property identified in s. 719.301(4)(p).
 1870         Section 17. Paragraphs (j) and (k) are added to subsection
 1871  (6) of section 719.108, Florida Statutes, to read:
 1872         719.108 Rents and assessments; liability; lien and
 1873  priority; interest; collection; cooperative ownership.—
 1874         (6) Within 10 business days after receiving a written or
 1875  electronic request for an estoppel certificate from a unit owner
 1876  or the unit owner’s designee, or a unit mortgagee or the unit
 1877  mortgagee’s designee, the association shall issue the estoppel
 1878  certificate. Each association shall designate on its website a
 1879  person or entity with a street or e-mail address for receipt of
 1880  a request for an estoppel certificate issued pursuant to this
 1881  section. The estoppel certificate must be provided by hand
 1882  delivery, regular mail, or e-mail to the requestor on the date
 1883  of issuance of the estoppel certificate.
 1884         (j) If the budget of the association provides for funding
 1885  accounts for deferred expenditures, including, but not limited
 1886  to, funds for capital expenditures and deferred maintenance, but
 1887  the association has voted to waive reserves or to use existing
 1888  reserve funds for purposes other than purposes for which the
 1889  reserves were intended, the estoppel certificate must also
 1890  contain the following statement in conspicuous type: THE OWNERS
 1891  HAVE ELECTED TO WAIVE RESERVES, IN WHOLE OR IN PART, OR ALLOWED
 1892  ALTERNATIVE USES OF EXISTING RESERVES UNDER SECTION
 1893  719.106(1)(j), FLORIDA STATUTES. THE WAIVING OR ALTERNATIVE USE
 1894  OF RESERVE FUNDS MAY RESULT IN UNIT OWNER LIABILITY FOR PAYMENT
 1895  OF UNANTICIPATED SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
 1896         (k) If the association is required to perform a reserve
 1897  study under section 719.106(1)(j) and the budget of the
 1898  association does not fund the association’s reserve obligations
 1899  consistent with the reserve study currently in effect or the
 1900  association has not provided an alternative funding method for
 1901  the association’s reserve obligations, the estoppel certificate
 1902  must also contain the following statement in conspicuous type:
 1903  THE BOARD OF ADMINISTRATION FOR THIS ASSOCIATION HAS FAILED TO
 1904  SATISFY THE ASSOCIATION’S RESERVE FUNDING OBLIGATIONS UNDER
 1905  SECTION 719.106(1)(j), FLORIDA STATUTES. THE BUDGET OF THE
 1906  ASSOCIATION DOES NOT PROVIDE FOR FULLY FUNDED RESERVE ACCOUNTS
 1907  FOR CAPITAL EXPENDITURES AND DEFERRED MAINTENANCE CONSISTENT
 1908  WITH THE ASSOCIATION’S RESERVE STUDY. FAILURE TO FUND RESERVES
 1909  CONSISTENT WITH THE ASSOCIATION’S RESERVE STUDY MAY RESULT IN
 1910  UNANTICIPATED SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
 1911         Section 18. Paragraph (p) is added to subsection (4) of
 1912  section 719.301, Florida Statutes, to read:
 1913         719.301 Transfer of association control.—
 1914         (4) When unit owners other than the developer elect a
 1915  majority of the members of the board of administration of an
 1916  association, the developer shall relinquish control of the
 1917  association, and the unit owners shall accept control.
 1918  Simultaneously, or for the purpose of paragraph (c) not more
 1919  than 90 days thereafter, the developer shall deliver to the
 1920  association, at the developer’s expense, all property of the
 1921  unit owners and of the association held or controlled by the
 1922  developer, including, but not limited to, the following items,
 1923  if applicable, as to each cooperative operated by the
 1924  association:
 1925         (p) A report included in the official records, under seal
 1926  of an architect or engineer authorized to practice in this
 1927  state, attesting to required maintenance, condition, useful
 1928  life, and replacement costs of the following applicable
 1929  cooperative property comprising a turnover inspection report:
 1930         1. Roof.
 1931         2. Structure.
 1932         3. Fireproofing and fire protection systems.
 1933         4. Elevators.
 1934         5. Heating and cooling systems.
 1935         6. Plumbing.
 1936         7. Electrical systems.
 1937         8. Swimming pool or spa and equipment.
 1938         9. Seawalls.
 1939         10. Pavement and parking areas.
 1940         11. Drainage systems.
 1941         12. Painting.
 1942         13. Irrigation systems.
 1943         14.Waterproofing.
 1944         Section 19. Paragraph (b) of subsection (1) of section
 1945  719.503, Florida Statutes, is amended, and paragraph (d) is
 1946  added to subsection (2) of that section, to read:
 1947         719.503 Disclosure prior to sale.—
 1948         (1) DEVELOPER DISCLOSURE.—
 1949         (b) Copies of documents to be furnished to prospective
 1950  buyer or lessee.—Until such time as the developer has furnished
 1951  the documents listed below to a person who has entered into a
 1952  contract to purchase a unit or lease it for more than 5 years,
 1953  the contract may be voided by that person, entitling the person
 1954  to a refund of any deposit together with interest thereon as
 1955  provided in s. 719.202. The contract may be terminated by
 1956  written notice from the proposed buyer or lessee delivered to
 1957  the developer within 15 days after the buyer or lessee receives
 1958  all of the documents required by this section. The developer may
 1959  shall not close for 15 days after following the execution of the
 1960  agreement and delivery of the documents to the buyer as
 1961  evidenced by a receipt for documents signed by the buyer unless
 1962  the buyer is informed in the 15-day voidability period and
 1963  agrees to close before prior to the expiration of the 15 days.
 1964  The developer shall retain in his or her records a separate
 1965  signed agreement as proof of the buyer’s agreement to close
 1966  before prior to the expiration of the said voidability period.
 1967  The developer must retain such Said proof shall be retained for
 1968  a period of 5 years after the date of the closing transaction.
 1969  The documents to be delivered to the prospective buyer are the
 1970  prospectus or disclosure statement with all exhibits, if the
 1971  development is subject to the provisions of s. 719.504, or, if
 1972  not, then copies of the following which are applicable:
 1973         1. The question and answer sheet described in s. 719.504,
 1974  and cooperative documents, or the proposed cooperative documents
 1975  if the documents have not been recorded, which shall include the
 1976  certificate of a surveyor approximately representing the
 1977  locations required by s. 719.104.
 1978         2. The documents creating the association.
 1979         3. The bylaws.
 1980         4. The ground lease or other underlying lease of the
 1981  cooperative.
 1982         5. The management contract, maintenance contract, and other
 1983  contracts for management of the association and operation of the
 1984  cooperative and facilities used by the unit owners having a
 1985  service term in excess of 1 year, and any management contracts
 1986  that are renewable.
 1987         6. The estimated operating budget for the cooperative and a
 1988  schedule of expenses for each type of unit, including fees
 1989  assessed to a shareholder who has exclusive use of limited
 1990  common areas, where such costs are shared only by those entitled
 1991  to use such limited common areas.
 1992         7. The lease of recreational and other facilities that will
 1993  be used only by unit owners of the subject cooperative.
 1994         8. The lease of recreational and other common areas that
 1995  will be used by unit owners in common with unit owners of other
 1996  cooperatives.
 1997         9. The form of unit lease if the offer is of a leasehold.
 1998         10. Any declaration of servitude of properties serving the
 1999  cooperative but not owned by unit owners or leased to them or
 2000  the association.
 2001         11. If the development is to be built in phases or if the
 2002  association is to manage more than one cooperative, a
 2003  description of the plan of phase development or the arrangements
 2004  for the association to manage two or more cooperatives.
 2005         12. If the cooperative is a conversion of existing
 2006  improvements, the statements and disclosure required by s.
 2007  719.616.
 2008         13. The form of agreement for sale or lease of units.
 2009         14. A copy of the floor plan of the unit and the plot plan
 2010  showing the location of the residential buildings and the
 2011  recreation and other common areas.
 2012         15. A copy of all covenants and restrictions that which
 2013  will affect the use of the property and which are not contained
 2014  in the foregoing.
 2015         16. If the developer is required by state or local
 2016  authorities to obtain acceptance or approval of any dock or
 2017  marina facilities intended to serve the cooperative, a copy of
 2018  any such acceptance or approval acquired by the time of filing
 2019  with the division pursuant to s. 719.502(1) or a statement that
 2020  such acceptance or approval has not been acquired or received.
 2021         17. Evidence demonstrating that the developer has an
 2022  ownership, leasehold, or contractual interest in the land upon
 2023  which the cooperative is to be developed.
 2024         18. A copy of the reserve study required under s.
 2025  719.106(1)(j), along with a report or financial statement
 2026  indicating the status of the reserves.
 2027         (2) NONDEVELOPER DISCLOSURE.—
 2028         (d) If the building in which the cooperative unit is
 2029  located is subject to the reserve study requirements in s.
 2030  719.106(1)(j) and the milestone inspection requirements in s.
 2031  719.1062, each contract for the resale of a residential unit
 2032  must also contain in conspicuous type either:
 2033         1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
 2034  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE MOST RECENT
 2035  RESERVE STUDY REQUIRED BY SECTION 719.106, FLORIDA STATUTES, AND
 2036  ALL MILESTONE INSPECTION REPORTS REQUIRED BY SECTION 719.1062,
 2037  FLORIDA STATUTES, MORE THAN 3 DAYS, EXCLUDING SATURDAYS,
 2038  SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF THIS
 2039  CONTRACT; or
 2040         2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
 2041  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
 2042  CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
 2043  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
 2044  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE MOST RECENT
 2045  RESERVE STUDY REQUIRED BY SECTION 719.106, FLORIDA STATUTES, AND
 2046  ALL MILESTONE INSPECTION REPORTS REQUIRED BY SECTION 719.1062,
 2047  FLORIDA STATUTES. ANY PURPORTED WAIVER OF THESE VOIDABILITY
 2048  RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE TIME FOR
 2049  CLOSING FOR A PERIOD OF NOT MORE THAN 3 DAYS, EXCLUDING
 2050  SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER THE BUYER RECEIVES
 2051  THE MOST RECENT RESERVE STUDY REQUIRED BY SECTION 719.106,
 2052  FLORIDA STATUTES, AND ALL MILESTONE INSPECTION REPORTS REQUIRED
 2053  BY SECTION 719.1062, FLORIDA STATUTES. BUYER’S RIGHT TO VOID
 2054  THIS AGREEMENT SHALL TERMINATE AT CLOSING.
 2055  
 2056  A contract that does not conform to the requirements of this
 2057  paragraph is voidable at the option of the purchaser prior to
 2058  closing.
 2059         Section 20. Subsection (28) is added to section 719.504,
 2060  Florida Statutes, to read:
 2061         719.504 Prospectus or offering circular.—Every developer of
 2062  a residential cooperative which contains more than 20
 2063  residential units, or which is part of a group of residential
 2064  cooperatives which will be served by property to be used in
 2065  common by unit owners of more than 20 residential units, shall
 2066  prepare a prospectus or offering circular and file it with the
 2067  Division of Florida Condominiums, Timeshares, and Mobile Homes
 2068  prior to entering into an enforceable contract of purchase and
 2069  sale of any unit or lease of a unit for more than 5 years and
 2070  shall furnish a copy of the prospectus or offering circular to
 2071  each buyer. In addition to the prospectus or offering circular,
 2072  each buyer shall be furnished a separate page entitled
 2073  “Frequently Asked Questions and Answers,” which must be in
 2074  accordance with a format approved by the division. This page
 2075  must, in readable language: inform prospective purchasers
 2076  regarding their voting rights and unit use restrictions,
 2077  including restrictions on the leasing of a unit; indicate
 2078  whether and in what amount the unit owners or the association is
 2079  obligated to pay rent or land use fees for recreational or other
 2080  commonly used facilities; contain a statement identifying that
 2081  amount of assessment which, pursuant to the budget, would be
 2082  levied upon each unit type, exclusive of any special
 2083  assessments, and which identifies the basis upon which
 2084  assessments are levied, whether monthly, quarterly, or
 2085  otherwise; state and identify any court cases in which the
 2086  association is currently a party of record in which the
 2087  association may face liability in excess of $100,000; and state
 2088  whether membership in a recreational facilities association is
 2089  mandatory and, if so, identify the fees currently charged per
 2090  unit type. The division shall by rule require such other
 2091  disclosure as in its judgment will assist prospective
 2092  purchasers. The prospectus or offering circular may include more
 2093  than one cooperative, although not all such units are being
 2094  offered for sale as of the date of the prospectus or offering
 2095  circular. The prospectus or offering circular must contain the
 2096  following information:
 2097         (28)(a) If the budget of the association provides for
 2098  funding accounts for deferred expenditures, including, but not
 2099  limited to, funds for capital expenditures and deferred
 2100  maintenance, but the association has voted to waive reserves or
 2101  to use existing reserve funds for purposes other than purposes
 2102  for which the reserves were intended, the prospectus or offering
 2103  circular must also contain the following statement in
 2104  conspicuous type: THE OWNERS HAVE ELECTED TO WAIVE RESERVES, IN
 2105  WHOLE OR IN PART, OR ALLOWED ALTERNATIVE USES OF EXISTING
 2106  RESERVES UNDER SECTION 719.106, FLORIDA STATUTES. THE WAIVING OR
 2107  ALTERNATIVE USE OF RESERVE FUNDS MAY RESULT IN UNIT OWNER
 2108  LIABILITY FOR PAYMENT OF UNANTICIPATED SPECIAL ASSESSMENTS
 2109  REGARDING THOSE ITEMS.
 2110         (b) If the association is required to perform a reserve
 2111  study under section 719.106(1)(j) and the budget of the
 2112  association does not fund the association’s reserve obligations
 2113  consistent with the reserve study currently in effect or the
 2114  association has not provided an alternative funding method for
 2115  the association’s reserve obligations, the prospectus or
 2116  offering circular must also contain the following statement in
 2117  conspicuous type: THE BOARD OF ADMINISTRATION FOR THIS
 2118  ASSOCIATION HAS FAILED TO SATISFY THE ASSOCIATION’S RESERVE
 2119  FUNDING OBLIGATIONS UNDER SECTION 719.106(1)(j), FLORIDA
 2120  STATUTES. THE BUDGET OF THE ASSOCIATION DOES NOT PROVIDE FOR
 2121  FULLY FUNDED RESERVE ACCOUNTS FOR CAPITAL EXPENDITURES AND
 2122  DEFERRED MAINTENANCE CONSISTENT WITH THE ASSOCIATION’S RESERVE
 2123  STUDY. FAILURE TO FUND RESERVES CONSISTENT WITH THE
 2124  ASSOCIATION’S RESERVE STUDY MAY RESULT IN UNANTICIPATED SPECIAL
 2125  ASSESSMENTS REGARDING THOSE ITEMS.
 2126         Section 21. Subsection (2) of section 558.002, Florida
 2127  Statutes, is amended to read:
 2128         558.002 Definitions.—As used in this chapter, the term:
 2129         (2) “Association” has the same meaning as in s. 718.103(3)
 2130  s. 718.103(2), s. 719.103(3) s. 719.103(2), s. 720.301(9), or s.
 2131  723.075.
 2132         Section 22. Subsection (2) of section 718.121, Florida
 2133  Statutes, is amended to read:
 2134         718.121 Liens.—
 2135         (2) Labor performed on or materials furnished to a unit may
 2136  not be the basis for the filing of a lien under part I of
 2137  chapter 713, the Construction Lien Law, against the unit or
 2138  condominium parcel of any unit owner not expressly consenting to
 2139  or requesting the labor or materials. Labor performed on or
 2140  materials furnished for the installation of a natural gas fuel
 2141  station or an electric vehicle charging station under s.
 2142  718.113(9) s. 718.113(8) may not be the basis for filing a lien
 2143  under part I of chapter 713 against the association, but such a
 2144  lien may be filed against the unit owner. Labor performed on or
 2145  materials furnished to the common elements are not the basis for
 2146  a lien on the common elements, but if authorized by the
 2147  association, the labor or materials are deemed to be performed
 2148  or furnished with the express consent of each unit owner and may
 2149  be the basis for the filing of a lien against all condominium
 2150  parcels in the proportions for which the owners are liable for
 2151  common expenses.
 2152         Section 23. Subsection (3) of section 718.706, Florida
 2153  Statutes, is amended to read:
 2154         718.706 Specific provisions pertaining to offering of units
 2155  by a bulk assignee or bulk buyer.—
 2156         (3) A bulk assignee, while in control of the board of
 2157  administration of the association, may not authorize, on behalf
 2158  of the association:
 2159         (a) The waiver of reserves or the reduction of funding of
 2160  the reserves pursuant to s. 718.112(2)(f)2., unless approved by
 2161  a majority of the voting interests not controlled by the
 2162  developer, bulk assignee, and bulk buyer; or
 2163         (b) The use of reserve expenditures for other purposes
 2164  pursuant to s. 718.112(2)(f)5. s. 718.112(2)(f)3., unless
 2165  approved by a majority of the voting interests not controlled by
 2166  the developer, bulk assignee, and bulk buyer.
 2167         Section 24. Paragraph (d) of subsection (2) of section
 2168  720.3085, Florida Statutes, is amended to read:
 2169         720.3085 Payment for assessments; lien claims.—
 2170         (2)
 2171         (d) An association, or its successor or assignee, that
 2172  acquires title to a parcel through the foreclosure of its lien
 2173  for assessments is not liable for any unpaid assessments, late
 2174  fees, interest, or reasonable attorney’s fees and costs that
 2175  came due before the association’s acquisition of title in favor
 2176  of any other association, as defined in s. 718.103(3) s.
 2177  718.103(2) or s. 720.301(9), which holds a superior lien
 2178  interest on the parcel. This paragraph is intended to clarify
 2179  existing law.
 2180         Section 25. For the purpose of incorporating the amendment
 2181  made by this act to section 718.1255, Florida Statutes, in a
 2182  reference thereto, section 719.1255, Florida Statutes, is
 2183  reenacted to read:
 2184         719.1255 Alternative resolution of disputes.—The Division
 2185  of Florida Condominiums, Timeshares, and Mobile Homes of the
 2186  Department of Business and Professional Regulation shall provide
 2187  for alternative dispute resolution in accordance with s.
 2188  718.1255.
 2189         Section 26. This act shall take effect July 1, 2022.