SB 1184
Relating to Community Associations 

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;
  3         amending s. 718.111, F.S.; providing immunity
  4         from liability for certain information provided
  5         by associations to prospective purchasers or
  6         lienholders under certain circumstances;
  7         amending s. 720.303, F.S.; requiring specific
  8         notice to be given to association members
  9         before certain assessments or rule changes may
10         be considered at a meeting; amending s.
11         768.1325, F.S.; providing immunity from civil
12         liability for community associations that
13         provide automated defibrillator devices under
14         certain circumstances; prohibiting insurers
15         from requiring associations to purchase medical
16         malpractice coverage as a condition of issuing
17         other coverage; providing an effective date.
19  Be It Enacted by the Legislature of the State of Florida:
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.--
25         (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  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


 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


 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.


 1         Section 4.  This act shall take effect July 1, 2004.
 3            *****************************************
 4                          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.


CODING: Words stricken are deletions; words underlined are additions.