S1184 GENERAL BILL by Senator Campbell
-- Community Associations; provides
immunity from liability for certain info. provided by associations
to prospective purchasers or lienholders under certain circumstances;
requires specific notice to be given to association members before
certain assessments or rule changes may be considered at meeting;
prohibits insurers from requiring associations to purchase medical
malpractice coverage as condition of issuing other coverage, etc.
Amends 718.111, 720.303, 768.1325.
EFFECTIVE DATE: 07/01/2004.
12/11/03 SENATE Prefiled
12/18/03 SENATE Referred to Comprehensive
Planning; Health, Aging, and
Long-Term Care; Banking and Insurance; Judiciary
CODING: Words stricken
are deletions; words underlined are
additions.
1
A bill to be entitled
2
An act relating to community associations;
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amending s. 718.111, F.S.; providing immunity
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from liability for certain information provided
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by associations to prospective purchasers or
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lienholders under certain circumstances;
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amending s. 720.303, F.S.; requiring specific
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notice to be given to association members
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before certain assessments or rule changes may
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be considered at a meeting; amending s.
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768.1325, F.S.; providing immunity from civil
12
liability for community associations that
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provide automated defibrillator devices under
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certain circumstances; prohibiting insurers
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from requiring associations to purchase medical
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malpractice coverage as a condition of issuing
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other coverage; providing an effective date.
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19 Be It Enacted by the Legislature
of the State of Florida:
20
21
Section 1. Paragraph (e) of subsection (12) of section
22 718.111, Florida Statutes,
is amended to read:
23
718.111 The association.--
24
(1) CORPORATE ENTITY.--
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(12) OFFICIAL RECORDS.--
26
(e)1. The association or its authorized agent is
shall
27 not be
required to provide a prospective purchaser or
28 lienholder with information about
the condominium or the
29 association other than information
or documents required by
30 this chapter to be made available
or disclosed. The
31 association or its authorized
agent may shall
be entitled to
1
1 charge a reasonable fee to
the prospective purchaser,
2 lienholder, or the current
unit owner for its time in
3 providing good faith responses
to requests for information by
4 or on behalf of a prospective
purchaser or lienholder, other
5 than that required by law,
if the provided
that such fee does
6 shall
not exceed $150 plus the reasonable cost of photocopying
7 and any attorney's fees
incurred by the association in
8 connection with the association's
response.
9
2. An association and its authorized agent
are not
10 liable
for providing such information in good faith pursuant
11 to a
written request if the person providing the information
12 includes
a written statement in substantially the following
13 form:
"The responses herein are made in good faith and to the
14 best
of my ability as to their accuracy."
15
Section 2. Subsection (2) of section 720.303, Florida
16 Statutes, is amended to read:
17
720.303 Association powers and duties; meetings of
18 board; official records; budgets;
financial reporting.--
19
(2) BOARD MEETINGS.--A meeting of the board of
20 directors of an association occurs
whenever a quorum of the
21 board gathers to conduct association
business. All meetings
22 of the board must be open to
all members except for meetings
23 between the board and its attorney
with respect to proposed or
24 pending litigation where the
contents of the discussion would
25 otherwise be governed by the
attorney-client privilege.
26 Notices of all board meetings
must be posted in a conspicuous
27 place in the community at least
48 hours in advance of a
28 meeting, except in an emergency.
In the alternative, if
29 notice is not posted in a conspicuous
place in the community,
30 notice of each board meeting
must be mailed or delivered to
31 each member at least 7 days before
the meeting, except in an
2
1 emergency. Notwithstanding
this general notice requirement,
2 for communities with more
than 100 members, the bylaws may
3 provide for a reasonable
alternative to posting or mailing of
4 notice for each board meeting,
including publication of
5 notice, provision of a schedule
of board meetings, or the
6 conspicuous posting and
repeated broadcasting of the notice on
7 a closed-circuit cable television
system serving the
8 homeowners' association.
However, if broadcast notice is used
9 in lieu of a notice posted
physically in the community, the
10 notice must be broadcast at least
four times every broadcast
11 hour of each day that a posted
notice is otherwise required.
12 When broadcast notice is provided,
the notice and agenda must
13 be broadcast in a manner and
for a sufficient continuous
14 length of time so as to allow
an average reader to observe the
15 notice and read and comprehend
the entire content of the
16 notice and the agenda. The bylaws
or amended bylaws may
17 provide for giving notice by
electronic transmission in a
18 manner authorized by law for
meetings of the board of
19 directors, committee meetings
requiring notice under this
20 section, and annual and special
meetings of the members;
21 however, a member must consent
in writing to receiving notice
22 by electronic transmission. An
assessment may not be levied at
23 a board meeting unless a
written the notice
of the meeting is
24 provided
to all members at least 14 days before the meeting,
25 which
notice includes a statement that assessments will be
26 considered at
the meeting and the nature of the assessments.
27 Rules
that regulate the use of parcels in the community may
28 not
be adopted, amended, or revoked at a board meeting unless
29 a written
meeting notice is provided to all members at least
30 14 days
before the meeting, which notice includes a statement
31 that
changes to the rules regarding the use of parcels will be
3
1 considered
at the meeting. Directors may not vote by proxy or
2 by secret ballot at board
meetings, except that secret ballots
3 may be used in the election
of officers. This subsection also
4 applies to the meetings
of any committee or other similar
5 body, when a final decision
will be made regarding the
6 expenditure of association
funds, and to any body vested with
7 the power to approve or
disapprove architectural decisions
8 with respect to a specific
parcel of residential property
9 owned by a member of the
community.
10
Section 3. Present subsection (5) of section 768.1325,
11 Florida Statutes, is redesignated
as subsection (6), and a new
12 subsection (5) is added to that
section to read:
13
768.1325 Cardiac Arrest Survival Act; immunity from
14 civil liability.--
15
(5)(a) A community association organized
under chapter
16 617,
chapter 718, chapter 719, chapter 720, chapter 721, or
17 chapter
723, Florida Statutes, which provides an automated
18 defibrillator
device primarily for the use of its members
19 guests,
or invitees is immune from civil liability, pursuant
20 to this
section, for any damages that result from the use of
21 such
device if the association offers periodic training in the
22 use
of such device. The failure of any person who uses the
23 device
to take such training does not constitute a basis for
24 liability
against the association.
25
(b) An insurer may not require a community
association
26 to purchase
medical malpractice liability coverage as a
27 condition
of issuing any other coverage carried by the
28 association,
and an insurer may not exclude damages resulting
29 from
the use of an automated defibrillator device from
30 coverage
under a general liability policy issued to an
31 association.
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Section 4. This act shall take effect July 1, 2004.
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3
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SENATE SUMMARY
5 Revises provisions
relating to community associations.
Provides
immunity from liability for certain information
6 provided by
associations to prospective purchasers or
lienholders
under certain circumstances. Requires that a
7 specific meeting
notice be given to members before
certain
matters may be considered at a meeting. Provides
8 immunity from
civil liability for associations that
provide
automated defibrillator devices under certain
9 circumstances.
Prohibits insures from requiring
associations
to purchase medical malpractice insurance.
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CODING: Words stricken
are deletions; words underlined are
additions. |