1 |
A
bill to be entitled |
2 |
An
act relating to condominium, cooperative, and |
3 |
homeowners'
associations; amending s. 633.0215, F.S.; |
4 |
exempting
certain residential buildings from a requirement |
5 |
to
install a manual fire alarm system; providing intent; |
6 |
amending
s. 718.111, F.S.; revising provisions relating to |
7 |
the
official records of condominium associations; |
8 |
providing
for disclosure of certain employment agreements |
9 |
with
and compensation paid to association employees; |
10 |
amending
s. 718.112, F.S.; revising provisions relating to |
11 |
bylaws;
providing that board of administration meetings |
12 |
discussing
personnel matters are not open to unit owners; |
13 |
revising
requirements for electing the board of directors; |
14 |
providing
a definition; providing for continued office and |
15 |
for
filling vacancies under certain circumstances; |
16 |
specifying
unit owner eligibility for board membership; |
17 |
requiring
that certain educational curriculum be completed |
18 |
within
a specified time before or after the election or |
19 |
appointment
of a board director; providing application; |
20 |
amending
s. 718.113, F.S.; authorizing the board of a |
21 |
condominium
association to install impact glass or other |
22 |
code-compliant
windows under certain circumstances; |
23 |
amending
s. 718.114, F.S.; requiring the vote or written |
24 |
consent
of a majority of the total voting interests before |
25 |
a
condominium association may enter into certain |
26 |
agreements
to acquire leaseholds, memberships, or other |
27 |
possessory
or use interests; amending s. 718.116, F.S.; |
28 |
revising
liability of an association, or its successor or |
29 |
assignee,
that acquires title to a unit through the |
30 |
foreclosure
of its lien for assessments; revising |
31 |
provisions
relating to condominium assessments; providing |
32 |
association
notice requirements regarding tenants |
33 |
delinquent
in paying any monetary obligation due to the |
34 |
association;
conforming a cross-reference; amending s. |
35 |
718.117,
F.S.; providing procedures and requirements for |
36 |
termination
of a condominium property that has been |
37 |
totally
destroyed or demolished; providing procedures and |
38 |
requirements
for partial termination of a condominium |
39 |
property;
requiring that a lien against a condominium unit |
40 |
being
terminated be transferred to the proceeds of sale |
41 |
for
certain portions of that property; amending s. |
42 |
718.303,
F.S.; revising provisions relating to imposing |
43 |
remedies
against a delinquent unit owner or a unit owner's |
44 |
tenant,
guest, or invitee; providing for the suspension of |
45 |
certain
rights of use; revising provisions relating to the |
46 |
suspension
of a member's voting rights; requiring that the |
47 |
suspension
of certain rights of use and voting rights be |
48 |
approved
at a noticed board meeting; amending s. 718.703, |
49 |
F.S.;
redefining the term "bulk assignee" and revising
the |
50 |
definition
of the term "bulk buyer" for purposes of the |
51 |
Distressed
Condominium Relief Act; amending s. 718.704, |
52 |
F.S.;
revising provisions relating to the assignment and |
53 |
assumption
of developer rights by a bulk assignee; |
54 |
amending
s. 718.705, F.S.; revising provisions relating to |
55 |
the
transfer of control of a condominium board of |
56 |
administration
to unit owners; amending s. 718.706, F.S.; |
57 |
revising
provisions relating to the offering of units by a |
58 |
bulk
assignee or bulk buyer; amending s. 718.707, F.S.; |
59 |
revising
the time limitation for classification as a bulk |
60 |
assignee
or bulk buyer; amending s. 719.108, F.S.; |
61 |
providing
association notice requirements regarding |
62 |
tenants
delinquent in paying any monetary obligation due |
63 |
to
the association; amending s. 719.303, F.S.;
revising |
64 |
provisions
relating to imposing remedies against a |
65 |
delinquent
unit owner or a unit owner's tenant, guest, or |
66 |
invitee;
providing for the suspension of certain rights of |
67 |
use
and voting rights; requiring that the suspension of |
68 |
certain
rights of use and voting rights be approved at a |
69 |
noticed
board meeting; amending s. 720.301, F.S.; revising |
70 |
the
definition of the term "declaration of
covenants"; |
71 |
amending
s. 720.303, F.S.; revising provisions relating to |
72 |
the
rights of a member of a homeowners' association to |
73 |
speak
at meetings of the board; revising provisions |
74 |
relating
to records that are not accessible to members of |
75 |
a
homeowners' association; providing for disclosure of |
76 |
employment
agreements with and compensation paid to |
77 |
association
employees; amending s. 720.305, F.S.; revising |
78 |
provisions
relating to imposing remedies against a |
79 |
delinquent
member of a homeowners' association or any |
80 |
member's
tenant, guest, or invitee; providing for the |
81 |
suspension
of certain rights of use; revising provisions |
82 |
relating
to the suspension of a member's voting rights; |
83 |
requiring
that the suspension of certain rights of use and |
84 |
voting
rights be approved at a noticed board meeting; |
85 |
amending
s. 720.306, F.S.; specifying additional |
86 |
requirements
for candidates to be a member of the board of |
87 |
a
homeowners' association; amending s. 720.3085, F.S.; |
88 |
revising
liability of an association, or its successor or |
89 |
assignee,
that acquires title to a unit through the |
90 |
foreclosure
of its lien for assessments; providing |
91 |
association
notice requirements regarding tenants |
92 |
delinquent
in paying any monetary obligation due to the |
93 |
association;
amending s. 720.309, F.S.; providing for the |
94 |
allocation
of communications services by a homeowners' |
95 |
association;
providing for the cancellation of |
96 |
communication
contracts; providing that hearing-impaired |
97 |
or
legally blind parcel owners and parcel owners receiving |
98 |
certain
supplemental security income or food assistance |
99 |
may
discontinue the service without incurring certain |
100 |
costs;
providing that parcel residents may not be denied |
101 |
access
to available franchised, licensed, or certificated |
102 |
cable
or video service providers under certain |
103 |
circumstances;
providing an effective date. |
104 |
|
105 |
Be
It Enacted by the Legislature of the State of Florida: |
106 |
|
107 |
Section
1. Subsection (14) of section 633.0215, Florida |
108 |
Statutes,
is amended to read: |
109 |
633.0215 Florida
Fire Prevention Code.- |
110 |
(14) A
condominium, cooperative, or
multifamily |
111 |
residential
building that is less
than four one or two
stories |
112 |
in
height and has an exterior corridor providing a means of |
113 |
egress
is exempt from installing a manual fire alarm system as |
114 |
required
in s. 9.6 of the most recent edition of the Life Safety |
115 |
Code
adopted in the Florida Fire Prevention Code. This
is |
116 |
intended
to clarify existing law. |
117 |
Section
2. Paragraphs (a) and (c) of subsection (12) of |
118 |
section
718.111, Florida Statutes, are amended to read: |
119 |
718.111 The
association.- |
120 |
(12) OFFICIAL
RECORDS.- |
121 |
(a) From
the inception of the association, the association |
122 |
shall
maintain each of the following items, if applicable, which |
123 |
constitutes
shall constitute the
official records of the |
124 |
association: |
125 |
1. A
copy of the plans, permits, warranties, and other |
126 |
items
provided by the developer pursuant to s. 718.301(4). |
127 |
2. A
photocopy of the recorded declaration of condominium |
128 |
of
each condominium operated by the association and of
each |
129 |
amendment
to each declaration. |
130 |
3. A
photocopy of the recorded bylaws of the association |
131 |
and of
each amendment to the bylaws. |
132 |
4. A
certified copy of the articles of incorporation of |
133 |
the
association, or other documents creating the association, |
134 |
and of
each amendment thereto. |
135 |
5. A
copy of the current rules of the association. |
136 |
6. A
book or books that which
contain the minutes of all |
137 |
meetings
of the association, of the
board of administration, and |
138 |
the
of unit owners, which
minutes must be retained for at least |
139 |
7
years. |
140 |
7. A
current roster of all unit owners and their mailing |
141 |
addresses,
unit identifications, voting certifications, and, if |
142 |
known,
telephone numbers. The association shall also maintain |
143 |
the
electronic mailing addresses and facsimile
the numbers |
144 |
designated
by unit owners for receiving notice sent by |
145 |
electronic
transmission of those
unit owners consenting to |
146 |
receive
notice by electronic transmission. The electronic |
147 |
mailing
addresses and facsimile
telephone numbers are
not |
148 |
accessible
to unit owners must be
removed from association |
149 |
records
if consent to receive notice by electronic transmission |
150 |
is
not provided in accordance with subparagraph (c)5 revoked. |
151 |
However,
the association is not liable for an inadvertent |
152 |
erroneous
disclosure of the electronic mail address or facsimile |
153 |
the
number for receiving electronic transmission of notices. |
154 |
8. All
current insurance policies of the association and |
155 |
condominiums
operated by the association. |
156 |
9. A
current copy of any management agreement, lease, or |
157 |
other
contract to which the association is a party or under |
158 |
which
the association or the unit owners have an obligation or |
159 |
responsibility. |
160 |
10. Bills
of sale or transfer for all property owned by |
161 |
the
association. |
162 |
11. Accounting
records for the association and separate |
163 |
accounting
records for each condominium that
which the |
164 |
association
operates. All accounting records must
shall be |
165 |
maintained
for at least 7 years. Any person who knowingly or |
166 |
intentionally
defaces or destroys such
accounting records |
167 |
required
to be created and maintained by this chapter during the |
168 |
period
for which such records are required to be maintained,
or |
169 |
who
knowingly or intentionally fails to create or maintain
such |
170 |
records,
with the intent of causing harm to the association or |
171 |
one
or more of its members, is personally subject to a civil |
172 |
penalty
pursuant to s. 718.501(1)(d). The accounting records |
173 |
must
include, but are not limited to: |
174 |
a. Accurate,
itemized, and detailed records of all |
175 |
receipts
and expenditures. |
176 |
b. A
current account and a monthly, bimonthly, or |
177 |
quarterly
statement of the account for each unit designating the |
178 |
name
of the unit owner, the due date and amount of each |
179 |
assessment,
the amount paid on upon
the account, and the balance |
180 |
due. |
181 |
c. All
audits, reviews, accounting statements, and |
182 |
financial
reports of the association or condominium. |
183 |
d. All
contracts for work to be performed. Bids for work |
184 |
to
be performed are also considered official records and must
be |
185 |
maintained
by the association. |
186 |
12. Ballots,
sign-in sheets, voting proxies, and all other |
187 |
papers
relating to voting by unit owners, which must be |
188 |
maintained
for 1 year from the date of the election, vote, or |
189 |
meeting
to which the document relates, notwithstanding paragraph |
190 |
(b). |
191 |
13. All
rental records if the association is acting as |
192 |
agent
for the rental of condominium units. |
193 |
14. A
copy of the current question and answer sheet as |
194 |
described
in s. 718.504. |
195 |
15. All
other records of the association not specifically |
196 |
included
in the foregoing which are related to the operation of |
197 |
the
association. |
198 |
16. A
copy of the inspection report as described
provided |
199 |
in
s. 718.301(4)(p). |
200 |
(c) The
official records of the association are open to |
201 |
inspection
by any association member or the authorized |
202 |
representative
of such member at all reasonable times. The right |
203 |
to
inspect the records includes the right to make or obtain |
204 |
copies,
at the reasonable expense, if any, of the member. The |
205 |
association
may adopt reasonable rules regarding the frequency, |
206 |
time,
location, notice, and manner of record inspections and |
207 |
copying.
The failure of an association to provide the records |
208 |
within
10 working days after receipt of a written request |
209 |
creates
a rebuttable presumption that the association willfully |
210 |
failed
to comply with this paragraph. A unit owner who is denied |
211 |
access
to official records is entitled to the actual damages or |
212 |
minimum
damages for the association's willful failure to comply. |
213 |
Minimum
damages are shall
be $50 per calendar day for
up to 10 |
214 |
days,
beginning the
calculation to begin on the 11th working day |
215 |
after
receipt of the written request. The failure to permit |
216 |
inspection
of the association records as
provided herein |
217 |
entitles
any person prevailing in an enforcement action to |
218 |
recover
reasonable attorney's fees from the person in control of |
219 |
the
records who, directly or indirectly, knowingly denied
access |
220 |
to
the records. Any person who knowingly or intentionally |
221 |
defaces
or destroys accounting records that are required by this |
222 |
chapter
to be maintained during the period for which such |
223 |
records
are required to be maintained, or who knowingly or |
224 |
intentionally
fails to create or maintain accounting records |
225 |
that
are required to be created or maintained, with the intent |
226 |
of
causing harm to the association or one or more of its |
227 |
members,
is personally subject to a civil penalty pursuant to s. |
228 |
718.501(1)(d).
The association shall maintain an adequate number |
229 |
of
copies of the declaration, articles of incorporation,
bylaws, |
230 |
and
rules, and all amendments to each of the foregoing, as
well |
231 |
as
the question and answer sheet as
described provided for
in s. |
232 |
718.504
and year-end financial information required under
in |
233 |
this
section, on the condominium property to ensure their |
234 |
availability
to unit owners and prospective purchasers, and may |
235 |
charge
its actual costs for preparing and furnishing these |
236 |
documents
to those requesting the documents. Notwithstanding the |
237 |
provisions
of this paragraph, the following records are
not |
238 |
accessible
to unit owners: |
239 |
1. Any
record protected by the lawyer-client privilege as |
240 |
described
in s. 90.502; and any record protected by the work- |
241 |
product
privilege, including a any
record prepared by an |
242 |
association
attorney or prepared at the attorney's express |
243 |
direction,;
which reflects a mental impression, conclusion, |
244 |
litigation
strategy, or legal theory of the attorney or the |
245 |
association,
and which was prepared exclusively for civil or |
246 |
criminal
litigation or for adversarial administrative |
247 |
proceedings,
or which was prepared in anticipation of such |
248 |
imminent
civil or criminal litigation or imminent
adversarial |
249 |
administrative
proceedings until the conclusion of the |
250 |
litigation
or adversarial administrative
proceedings. |
251 |
2. Information
obtained by an association in connection |
252 |
with
the approval of the lease, sale, or other transfer of a |
253 |
unit. |
254 |
3. Personnel
records of association or
management company |
255 |
employees,
including, but not limited to, disciplinary, payroll, |
256 |
health,
and insurance records. For
purposes of this |
257 |
subparagraph,
the term "personnel records" does not include |
258 |
written
employment agreements with an association employee or |
259 |
management
company, or budgetary or financial records that |
260 |
indicate
the compensation paid to an association employee. |
261 |
4. Medical
records of unit owners. |
262 |
5. Social
security numbers, driver's license numbers, |
263 |
credit
card numbers, e-mail addresses, telephone numbers, |
264 |
facsimile
numbers, emergency contact information, any
addresses |
265 |
of a
unit owner other than as provided to fulfill the |
266 |
association's
notice requirements, and other personal |
267 |
identifying
information of any person, excluding the person's |
268 |
name,
unit designation, mailing address, and
property address, |
269 |
and
any address, e-mail address, or facsimile number provided
to |
270 |
the
association to fulfill the association's notice |
271 |
requirements.
However, an owner may consent in writing to the |
272 |
disclosure
of protected information described in this |
273 |
subparagraph.
The association is not liable for the inadvertent |
274 |
disclosure
of information that is protected under this |
275 |
subparagraph
if the information is included in an official |
276 |
record
of the association and is voluntarily provided by
an |
277 |
owner
and not requested by the association. |
278 |
6. Any
Electronic security measures
measure that are
is |
279 |
used
by the association to safeguard data, including passwords. |
280 |
7. The
software and operating system used by the |
281 |
association
which allow the allows
manipulation of data, even if |
282 |
the
owner owns a copy of the same software used by the |
283 |
association.
The data is part of the official records of the |
284 |
association. |
285 |
Section
3. Paragraphs (b), (c), and (d) of subsection
(2) |
286 |
of
section 718.112, Florida Statutes, are amended to read: |
287 |
718.112 Bylaws.- |
288 |
(2) REQUIRED
PROVISIONS.-The bylaws shall provide for the |
289 |
following
and, if they do not do so, shall be deemed to include |
290 |
the
following: |
291 |
(b) Quorum;
voting requirements; proxies.- |
292 |
1. Unless
a lower number is provided in the bylaws, the |
293 |
percentage
of voting interests required to constitute a quorum |
294 |
at a
meeting of the members is
shall be a majority of
the voting |
295 |
interests.
Unless otherwise provided in this chapter or in the |
296 |
declaration,
articles of incorporation, or bylaws, and except as |
297 |
provided
in subparagraph (d)4. (d)3.,
decisions shall be made by |
298 |
owners
of a majority of the voting interests
represented at a |
299 |
meeting
at which a quorum is present. |
300 |
2. Except
as specifically otherwise provided herein, after |
301 |
January
1, 1992, unit owners may not vote by general
proxy, but |
302 |
may
vote by limited proxies substantially conforming to a |
303 |
limited
proxy form adopted by the division. A
No voting interest |
304 |
or
consent right allocated to a unit owned by the association |
305 |
may
not shall
be exercised or considered for any purpose, |
306 |
whether
for a quorum, an election, or otherwise. Limited proxies |
307 |
and
general proxies may be used to establish a quorum. Limited |
308 |
proxies
shall be used for votes taken to waive or reduce |
309 |
reserves
in accordance with subparagraph (f)2.; for votes taken |
310 |
to
waive the financial reporting requirements of s.
718.111(13); |
311 |
for
votes taken to amend the declaration pursuant to s.
718.110; |
312 |
for
votes taken to amend the articles of incorporation or
bylaws |
313 |
pursuant
to this section; and for any other matter for which |
314 |
this
chapter requires or permits a vote of the unit owners. |
315 |
Except
as provided in paragraph (d), a
after January 1, 1992, no |
316 |
proxy,
limited or general, may not
shall be used in the
election |
317 |
of
board members. General proxies may be used for other
matters |
318 |
for
which limited proxies are not required, and may also
be used |
319 |
in
voting for nonsubstantive changes to items for which a |
320 |
limited
proxy is required and given. Notwithstanding
the |
321 |
provisions
of this subparagraph, unit owners may vote in
person |
322 |
at
unit owner meetings. This
subparagraph does not Nothing |
323 |
contained
herein shall limit the use of general proxies
or |
324 |
require
the use of limited proxies for any agenda item or |
325 |
election
at any meeting of a timeshare condominium association. |
326 |
3. Any
proxy given is shall
be effective only for the |
327 |
specific
meeting for which originally given and any lawfully |
328 |
adjourned
meetings thereof. A In
no event shall any proxy is
not |
329 |
be
valid for a period
longer than 90 days after the date of the |
330 |
first
meeting for which it was given. Every proxy is revocable |
331 |
at
any time at the pleasure of the unit owner executing it. |
332 |
4. A
member of the board of administration or a committee |
333 |
may
submit in writing his or her agreement or disagreement
with |
334 |
any
action taken at a meeting that the member did not attend. |
335 |
This
agreement or disagreement may not be used as a vote for or |
336 |
against
the action taken or to create
and may not be used for |
337 |
the
purposes of creating a quorum. |
338 |
5. If
When any of the
board or committee members meet by |
339 |
telephone
conference, those board or committee members attending |
340 |
by
telephone conference may be counted toward
obtaining a quorum |
341 |
and
may vote by telephone. A telephone speaker must be used so |
342 |
that
the conversation of those board
or committee members |
343 |
attending
by telephone may be heard by the board or
committee |
344 |
members
attending in person as well as by any unit owners |
345 |
present
at a meeting. |
346 |
(c) Board
of administration meetings.-Meetings of the |
347 |
board
of administration at which a quorum of the members is |
348 |
present
are shall
be open to all unit owners. A
Any unit owner |
349 |
may
tape record or videotape the meetings of
the board of |
350 |
administration.
The right to attend such meetings includes the |
351 |
right
to speak at such meetings with reference to all designated |
352 |
agenda
items. The division shall adopt reasonable rules |
353 |
governing
the tape recording and videotaping of the meeting. The |
354 |
association
may adopt written reasonable rules governing the |
355 |
frequency,
duration, and manner of unit owner statements. |
356 |
1. Adequate
notice of all board
meetings, which must |
357 |
notice
shall specifically identify
all incorporate an |
358 |
identification
of agenda items, must
shall be posted |
359 |
conspicuously
on the condominium property at least 48 continuous |
360 |
hours
before preceding
the meeting except in an emergency. If 20 |
361 |
percent
of the voting interests petition the board to address an |
362 |
item
of business, the board shall
at its next regular board |
363 |
meeting
or at a special meeting of the board, but not later than |
364 |
60
days after the receipt of the petition, shall
place the item |
365 |
on
the agenda. Any item not included on the notice may be
taken |
366 |
up
on an emergency basis by at least a majority plus one of
the |
367 |
board
members of the board.
Such emergency action must
shall be |
368 |
noticed
and ratified at the next regular board
meeting of the |
369 |
board.
However, written notice of any meeting at which |
370 |
nonemergency
special assessments, or at which amendment to rules |
371 |
regarding
unit use, will be considered must
shall be mailed, |
372 |
delivered,
or electronically transmitted to the unit owners and |
373 |
posted
conspicuously on the condominium property at
least not |
374 |
less
than 14 days before
prior to the meeting.
Evidence of |
375 |
compliance
with this 14-day notice requirement
must shall be |
376 |
made
by an affidavit executed by the person providing the
notice |
377 |
and
filed with among
the official records of the association. |
378 |
Upon
notice to the unit owners, the board shall, by duly
adopted |
379 |
rule,
designate a specific location on the condominium property |
380 |
or
association property where
upon which all notices
of board |
381 |
meetings
are to shall be
posted. If there is no condominium |
382 |
property
or association property where
upon which notices can
be |
383 |
posted,
notices of board meetings
shall be mailed, delivered, or |
384 |
electronically
transmitted at least 14 days before the meeting |
385 |
to
the owner of each unit. In lieu of or in addition to the |
386 |
physical
posting of the notice of
any meeting of the board of |
387 |
administration
on the condominium property, the association may, |
388 |
by
reasonable rule, adopt a procedure for conspicuously
posting |
389 |
and
repeatedly broadcasting the notice and the agenda on a |
390 |
closed-circuit
cable television system serving the condominium |
391 |
association.
However, if broadcast notice is used in lieu of a |
392 |
notice
posted physically posted
on the condominium property, the |
393 |
notice
and agenda must be broadcast at least four times every |
394 |
broadcast
hour of each day that a posted notice is otherwise |
395 |
required
under this section. If
When broadcast notice
is |
396 |
provided,
the notice and agenda must be broadcast in a manner |
397 |
and
for a sufficient continuous length of time so as to allow
an |
398 |
average
reader to observe the notice and read and comprehend the |
399 |
entire
content of the notice and the agenda. Notice of any |
400 |
meeting
in which regular or special assessments against unit |
401 |
owners
are to be considered for any reason must
shall |
402 |
specifically
state that assessments will be considered and |
403 |
provide
the nature, estimated cost, and description of the |
404 |
purposes
for such assessments. |
405 |
2. Meetings
of a committee to take final action on behalf |
406 |
of
the board or make recommendations to the board regarding
the |
407 |
association
budget are subject to the
provisions of this |
408 |
paragraph.
Meetings of a committee that does not take final |
409 |
action
on behalf of the board or make recommendations to the |
410 |
board
regarding the association budget are subject to the |
411 |
provisions
of this section, unless those meetings are
exempted |
412 |
from
this section by the bylaws of the association. |
413 |
3. Notwithstanding
any other law, the requirement that |
414 |
board
meetings and committee meetings be open to the unit owners |
415 |
does
not apply is
inapplicable to: |
416 |
a. Meetings
between the board or a committee and the |
417 |
association's
attorney, with respect to proposed or pending |
418 |
litigation,
if when the
meeting is held for the purpose of |
419 |
seeking
or rendering legal advice; or |
420 |
b. Board
meetings held for the purpose of discussing |
421 |
personnel
matters. |
422 |
(d) Unit
owner meetings.- |
423 |
1. An
annual meeting of the unit owners shall be held at |
424 |
the
location provided in the association bylaws and, if the |
425 |
bylaws
are silent as to the location, the meeting shall be held |
426 |
within
45 miles of the condominium property. However, such |
427 |
distance
requirement does not apply to an association governing |
428 |
a
timeshare condominium. |
429 |
2. Unless
the bylaws provide otherwise, a vacancy on the |
430 |
board
caused by the expiration of a director's term shall be |
431 |
filled
by electing a new board member, and the election must be |
432 |
by
secret ballot. An election is not
required However,
if the |
433 |
number
of vacancies equals or exceeds the number of candidates, |
434 |
an
election is not required. For
purposes of this paragraph, the |
435 |
term
"candidate" means an eligible person who has
timely |
436 |
submitted
the written notice, as described in sub-subparagraph |
437 |
4.a.,
of his or her intention to become a candidate.
Except in a |
438 |
timeshare
condominium, or if the staggered
term of a board |
439 |
member
does not expire until a later annual meeting, or if all |
440 |
members
terms would otherwise expire but there are no |
441 |
candidates,
the terms of all board
members of the board
expire |
442 |
at
the annual meeting, and such board members
may stand for |
443 |
reelection
unless prohibited otherwise
permitted by the bylaws. |
444 |
If
the bylaws permit staggered terms of no more than 2 years
and |
445 |
upon
approval of a majority of the total voting interests, the |
446 |
association
board members may serve 2-year staggered terms. If |
447 |
the
number of board members whose terms expire
at the annual |
448 |
meeting
equals or have expired
exceeds the number of candidates, |
449 |
the
candidates become members of the board effective upon the |
450 |
adjournment
of the annual meeting. Unless the bylaws provide |
451 |
otherwise,
any remaining vacancies shall be filled by the |
452 |
affirmative
vote of the majority of the directors making up the |
453 |
newly
constituted board even if the directors constitute less |
454 |
than
a quorum or there is only one director eligible
members |
455 |
showing
interest in or demonstrating an intention to run for the |
456 |
vacant
positions, each board member whose term has expired is |
457 |
eligible
for reappointment to the board of administration and |
458 |
need
not stand for reelection. In a condominium
association of |
459 |
more
than 10 units or in a condominium association that does
not |
460 |
include
timeshare units or timeshare interests, coowners of a |
461 |
unit
may not serve as members of the board of directors at the |
462 |
same
time unless they own more than one unit or unless there
are |
463 |
not
enough eligible candidates to fill the vacancies on the |
464 |
board
at the time of the vacancy. Any unit owner desiring to be |
465 |
a
candidate for board membership must comply with sub- |
466 |
subparagraph
4.a. and must be eligible to
serve on the board of |
467 |
directors
at the time of the deadline for submitting a notice of |
468 |
intent
to run in order to have his or her name listed as a |
469 |
proper
candidate on the ballot or to serve on the board
3.a. A |
470 |
person
who has been suspended or removed by the division under |
471 |
this
chapter, or who is delinquent in the payment of any fee, |
472 |
fine,
or special or regular assessment as provided in paragraph |
473 |
(n),
is not eligible for board membership. A person who has
been |
474 |
convicted
of any felony in this state or in a United States |
475 |
District
or Territorial Court, or who has been convicted of any |
476 |
offense
in another jurisdiction which
that would be considered a |
477 |
felony
if committed in this state, is not eligible for board |
478 |
membership
unless such felon's civil rights have been restored |
479 |
for
at least 5 years as of the date on
which such person seeks |
480 |
election
to the board. The validity of an action by the board is |
481 |
not
affected if it is later determined that a board
member of |
482 |
the
board is ineligible for board membership due to
having been |
483 |
convicted
of a felony. |
484 |
3.2. The
bylaws must provide the method of calling |
485 |
meetings
of unit owners, including annual meetings. Written |
486 |
notice,
which must include an agenda, must
shall be mailed, hand |
487 |
delivered,
or electronically transmitted to each unit owner at |
488 |
least
14 days before the annual meeting, and must be
posted in a |
489 |
conspicuous
place on the condominium property at least 14 |
490 |
continuous
days before preceding
the annual meeting. Upon notice |
491 |
to
the unit owners, the board shall, by duly adopted rule, |
492 |
designate
a specific location on the condominium property or |
493 |
association
property where upon
which all notices of unit owner |
494 |
meetings
shall be posted. This requirement
does not apply |
495 |
However,
if there is no condominium property or association |
496 |
property
for posting upon
which notices can be
posted, this |
497 |
requirement
does not apply. In lieu of, or in
addition to, the |
498 |
physical
posting of meeting notices, the association may, by |
499 |
reasonable
rule, adopt a procedure for conspicuously posting and |
500 |
repeatedly
broadcasting the notice and the agenda on a closed- |
501 |
circuit
cable television system serving the condominium |
502 |
association.
However, if broadcast notice is used in
lieu of a |
503 |
notice
posted physically on the condominium property,
the notice |
504 |
and
agenda must be broadcast at least four times every
broadcast |
505 |
hour
of each day that a posted notice is otherwise required |
506 |
under
this section. If broadcast notice is provided, the notice |
507 |
and
agenda must be broadcast in a manner and for a sufficient |
508 |
continuous
length of time so as to allow an average reader to |
509 |
observe
the notice and read and comprehend the entire content of |
510 |
the
notice and the agenda. Unless a unit owner waives in
writing |
511 |
the
right to receive notice of the annual meeting, such notice |
512 |
must
be hand delivered, mailed, or electronically transmitted
to |
513 |
each
unit owner. Notice for meetings and notice for all other |
514 |
purposes
must be mailed to each unit owner at the address last |
515 |
furnished
to the association by the unit owner, or hand |
516 |
delivered
to each unit owner. However, if a unit is owned by |
517 |
more
than one person, the association must
shall provide notice, |
518 |
for
meetings and all other purposes, to the
that one address |
519 |
that
which the developer initially
identifies for that purpose |
520 |
and
thereafter as one or more of the owners of the unit shall |
521 |
advise
the association in writing, or if no address is given or |
522 |
the
owners of the unit do not agree, to the address provided
on |
523 |
the
deed of record. An officer of the association, or the |
524 |
manager
or other person providing notice of the association |
525 |
meeting,
must shall
provide an affidavit or United States Postal |
526 |
Service
certificate of mailing, to be included in the official |
527 |
records
of the association affirming that the notice was mailed |
528 |
or
hand delivered, in accordance with this provision. |
529 |
4.3. The
members of the board shall be elected by written |
530 |
ballot
or voting machine. Proxies may not be used in electing |
531 |
the
board in general elections or elections to fill vacancies |
532 |
caused
by recall, resignation, or otherwise, unless otherwise |
533 |
provided
in this chapter. |
534 |
a. At
least 60 days before a scheduled election, the |
535 |
association
shall mail, deliver, or electronically transmit, |
536 |
whether
by separate association mailing or included in
another |
537 |
association
mailing, delivery, or transmission, including |
538 |
regularly
published newsletters, to each unit owner entitled to |
539 |
a
vote, a first notice of the date of the election. Any unit |
540 |
owner
or other eligible person desiring to be a candidate for |
541 |
the
board must give written notice of his or her intent to be
a |
542 |
candidate
to the association at least 40 days before a scheduled |
543 |
election.
Together with the written notice and agenda as set |
544 |
forth
in subparagraph 3. 2.,
the association shall mail, |
545 |
deliver,
or electronically transmit a second notice of the |
546 |
election
to all unit owners entitled to vote, together with a |
547 |
ballot
that lists all candidates. Upon request of a candidate, |
548 |
an
information sheet, no larger than 8 1/2 inches by 11
inches, |
549 |
which
must be furnished by the candidate at least 35 days before |
550 |
the
election, must be included with the mailing, delivery, or |
551 |
transmission
of the ballot, with the costs of mailing, delivery, |
552 |
or
electronic transmission and copying to be borne by the |
553 |
association.
The association is not liable for the contents of |
554 |
the
information sheets prepared by the candidates. In order to |
555 |
reduce
costs, the association may print or duplicate the |
556 |
information
sheets on both sides of the paper. The division |
557 |
shall
by rule establish voting procedures consistent with this |
558 |
sub-subparagraph,
including rules establishing procedures for |
559 |
giving
notice by electronic transmission and rules providing for |
560 |
the
secrecy of ballots. Elections shall be decided by a |
561 |
plurality
of those ballots cast.
There is no quorum requirement; |
562 |
however,
at least 20 percent of the eligible voters must cast a |
563 |
ballot
in order to have a valid election of
members of the |
564 |
board.
A unit owner may not permit any other person to vote his |
565 |
or
her ballot, and any ballots improperly cast are invalid.
A, |
566 |
provided
any unit owner who violates this provision may
be fined |
567 |
by
the association in accordance with s. 718.303. A unit
owner |
568 |
who
needs assistance in casting the ballot for the reasons |
569 |
stated
in s. 101.051 may obtain such assistance. The regular |
570 |
election
must occur on the date of the annual meeting. This
sub- |
571 |
subparagraph
does not apply to timeshare condominium |
572 |
associations.
Notwithstanding this sub-subparagraph, an election |
573 |
is
not required unless more candidates file notices of intent
to |
574 |
run
or are nominated than board vacancies exist. |
575 |
b. Within
90 days after being elected or appointed to the |
576 |
board,
each newly elected or appointed director shall certify in |
577 |
writing
to the secretary of the association that he or she has |
578 |
read
the association's declaration of condominium, articles of |
579 |
incorporation,
bylaws, and current written policies; that he or |
580 |
she
will work to uphold such documents and policies to the
best |
581 |
of
his or her ability; and that he or she will faithfully |
582 |
discharge
his or her fiduciary responsibility to the |
583 |
association's
members. In lieu of this written certification, |
584 |
within
90 days after being elected or appointed to the board, |
585 |
the
newly elected or appointed director may submit a
certificate |
586 |
of having
satisfactorily completed satisfactory
completion of |
587 |
the
educational curriculum administered by a division-approved |
588 |
condominium
education provider within 1 year
before or 90 days |
589 |
after
the date of election or appointment. The written |
590 |
certification
or educational certificate is valid and does not |
591 |
have
to be resubmitted as long as the director serves on the |
592 |
board
without interruption. A director who fails to
timely file |
593 |
the
written certification or educational certificate is |
594 |
suspended
from service on the board until he or she complies |
595 |
with
this sub-subparagraph. The board may temporarily fill the |
596 |
vacancy
during the period of suspension. The secretary shall |
597 |
cause
the association to retain a director's written |
598 |
certification
or educational certificate for inspection by the |
599 |
members
for 5 years after a director's election. Failure to have |
600 |
such
written certification or educational certificate on file |
601 |
does
not affect the validity of any board
action. |
602 |
5.4. Any
approval by unit owners called for by this |
603 |
chapter
or the applicable declaration or bylaws, including, but |
604 |
not
limited to, the approval requirement in s. 718.111(8), must |
605 |
shall
be made at a duly noticed meeting of unit owners and is |
606 |
subject
to all requirements of this chapter or the applicable |
607 |
condominium
documents relating to unit owner decisionmaking, |
608 |
except
that unit owners may take action by written agreement, |
609 |
without
meetings, on matters for which action by written |
610 |
agreement
without meetings is expressly allowed by the |
611 |
applicable
bylaws or declaration or any law
statute that |
612 |
provides
for such action. |
613 |
6.5. Unit
owners may waive notice of specific meetings if |
614 |
allowed
by the applicable bylaws or declaration or any law |
615 |
statute.
If authorized by the bylaws, notice of meetings of the |
616 |
board
of administration, unit owner meetings, except unit owner |
617 |
meetings
called to recall board members under paragraph (j), and |
618 |
committee
meetings may be given by electronic transmission to |
619 |
unit
owners who consent to receive notice by electronic |
620 |
transmission. |
621 |
7.6. Unit
owners shall have the
right to participate in |
622 |
meetings
of unit owners with reference to all designated agenda |
623 |
items.
However, the association may adopt reasonable rules |
624 |
governing
the frequency, duration, and manner of unit owner |
625 |
participation. |
626 |
8.7. A
Any unit owner may tape record or videotape a |
627 |
meeting
of the unit owners subject to reasonable rules adopted |
628 |
by
the division. |
629 |
9.8. Unless
otherwise provided in the bylaws, any vacancy |
630 |
occurring
on the board before the expiration of a term may be |
631 |
filled
by the affirmative vote of the majority of the remaining |
632 |
directors,
even if the remaining directors constitute less than |
633 |
a
quorum, or by the sole remaining director. In the
alternative, |
634 |
a
board may hold an election to fill the vacancy, in which
case |
635 |
the
election procedures must conform to the
requirements of sub- |
636 |
subparagraph
4.a. 3.a.
unless the association governs 10 units |
637 |
or
fewer and has opted out of the statutory election process,
in |
638 |
which
case the bylaws of the association control. Unless |
639 |
otherwise
provided in the bylaws, a board member appointed or |
640 |
elected
under this section shall fill the vacancy for the |
641 |
unexpired
term of the seat being filled. Filling vacancies |
642 |
created
by recall is governed by paragraph (j) and rules adopted |
643 |
by
the division. |
644 |
10. This
chapter does not limit the use of general or |
645 |
limited
proxies, require the use of general or limited proxies, |
646 |
or
require the use of a written ballot or voting machine for
any |
647 |
agenda
item or election at any meeting of a timeshare |
648 |
condominium
association. |
649 |
|
650 |
Notwithstanding
subparagraph (b)2. and sub-subparagraph 4.a. |
651 |
(d)3.a.,
an association of 10 or fewer units may, by affirmative |
652 |
vote
of a majority of the total voting interests, provide for |
653 |
different
voting and election procedures in its bylaws, which |
654 |
vote
may be by a proxy specifically delineating the different |
655 |
voting
and election procedures. The different voting and |
656 |
election
procedures may provide for elections to be conducted by |
657 |
limited
or general proxy. |
658 |
Section
4. Subsection (5) of section 718.113, Florida |
659 |
Statutes,
is amended to read: |
660 |
718.113 Maintenance;
limitation upon improvement; display |
661 |
of
flag; hurricane shutters; display of religious
decorations.- |
662 |
(5) Each
board of administration shall adopt hurricane |
663 |
shutter
specifications for each building within each condominium |
664 |
operated
by the association which shall include color, style, |
665 |
and
other factors deemed relevant by the board. All |
666 |
specifications
adopted by the board must
shall comply with the |
667 |
applicable
building code. |
668 |
(a) The
board may, subject to the provisions of s. |
669 |
718.3026,
and the approval of a majority of voting interests of |
670 |
the
condominium, install hurricane shutters,
impact glass or |
671 |
other
code-compliant windows, or hurricane protection
that |
672 |
complies
with or exceeds the applicable building code.
However, |
673 |
or
both, except that a vote of the owners
is not required if the |
674 |
maintenance,
repair, and replacement of hurricane shutters, |
675 |
impact
glass, or other code-compliant windows or
other forms of |
676 |
hurricane
protection are the responsibility of the
association |
677 |
pursuant
to the declaration of condominium. If
However, where |
678 |
hurricane
protection or laminated glass or window film |
679 |
architecturally
designed to function as hurricane protection |
680 |
which
complies with or exceeds the current applicable building |
681 |
code
has been previously installed, the board may not install |
682 |
hurricane
shutters, or other
hurricane protection, or impact |
683 |
glass
or other code-compliant windows except upon approval by a |
684 |
majority
vote of the voting interests. |
685 |
(b) The
association is shall
be responsible for the |
686 |
maintenance,
repair, and replacement of the hurricane shutters |
687 |
or
other hurricane protection authorized by this subsection
if |
688 |
such
hurricane shutters or other hurricane protection is the |
689 |
responsibility
of the association pursuant to the declaration of |
690 |
condominium.
If the hurricane shutters or other hurricane |
691 |
protection
authorized by this subsection are the responsibility |
692 |
of
the unit owners pursuant to the declaration of
condominium, |
693 |
the responsibility
for the maintenance, repair, and replacement |
694 |
of
such items are shall
be the responsibility of the unit owner. |
695 |
(c) The
board may operate shutters installed pursuant to |
696 |
this
subsection without permission of the unit owners only if |
697 |
where
such operation is necessary to preserve and protect the |
698 |
condominium
property and association property. The installation, |
699 |
replacement,
operation, repair, and maintenance of such shutters |
700 |
in
accordance with the procedures set forth in
this paragraph |
701 |
are
herein shall not be
deemed a material alteration to the |
702 |
common
elements or association property within the meaning of |
703 |
this
section. |
704 |
(d) Notwithstanding
any other provision to
the contrary in |
705 |
the
condominium documents, if approval is required by the |
706 |
documents,
a board may shall
not refuse to approve the |
707 |
installation
or replacement of hurricane shutters by a unit |
708 |
owner
conforming to the specifications adopted by the board. |
709 |
Section
5. Section 718.114, Florida Statutes, is
amended |
710 |
to
read: |
711 |
718.114 Association
powers.-An association may
has the |
712 |
power
to enter into agreements, to acquire
leaseholds, |
713 |
memberships,
and other possessory or use interests in lands or |
714 |
facilities
such as country clubs, golf courses, marinas, and |
715 |
other
recreational facilities,.
It has this power whether or not |
716 |
the
lands or facilities are contiguous to the lands of the |
717 |
condominium,
if such lands and facilities
they are intended to |
718 |
provide
enjoyment, recreation, or other use or benefit to the |
719 |
unit
owners. All of these leaseholds, memberships, and other |
720 |
possessory
or use interests existing or created at the time of |
721 |
recording
the declaration must be stated and fully described in |
722 |
the
declaration. Subsequent to the recording of the
declaration, |
723 |
agreements
acquiring these leaseholds, memberships, or other |
724 |
possessory
or use interests which are
not entered into within 12 |
725 |
months
following the recording of the declaration are
shall be |
726 |
considered
a material alteration or substantial addition to the |
727 |
real
property that is association property, and the association |
728 |
may
not acquire or enter into such
agreements acquiring these |
729 |
leaseholds,
memberships, or other possessory or use interests |
730 |
except
upon a vote of, or written
consent by, a majority of the |
731 |
total
voting interests or as authorized by the
declaration as |
732 |
provided
in s. 718.113. The declaration may provide that the |
733 |
rental,
membership fees, operations, replacements, and other |
734 |
expenses
are common expenses and may impose covenants and |
735 |
restrictions
concerning their use and may contain other |
736 |
provisions
not inconsistent with this chapter. A condominium |
737 |
association
may conduct bingo games as provided in s. 849.0931. |
738 |
Section
6. Paragraph (b) of subsection (1), subsection |
739 |
(3),
paragraph (b) of subsection (5), and subsection (11) of |
740 |
section
718.116, Florida Statutes, are amended to read: |
741 |
718.116 Assessments;
liability; lien and priority; |
742 |
interest;
collection.- |
743 |
(1) |
744 |
(b)1.
The liability of a first mortgagee or its successor |
745 |
or
assignees who acquire title to a unit by foreclosure or by |
746 |
deed
in lieu of foreclosure for the unpaid assessments that |
747 |
became
due before the mortgagee's acquisition of title is |
748 |
limited
to the lesser of: |
749 |
a.1. The
unit's unpaid common expenses and regular |
750 |
periodic
assessments which accrued or came due during the 12 |
751 |
months
immediately preceding the acquisition of title and for |
752 |
which
payment in full has not been received by the association; |
753 |
or |
754 |
b.2. One
percent of the original mortgage debt. The |
755 |
provisions
of this paragraph apply only if the first mortgagee |
756 |
joined
the association as a defendant in the foreclosure action. |
757 |
Joinder
of the association is not required if, on the date the |
758 |
complaint
is filed, the association was dissolved or did not |
759 |
maintain
an office or agent for service of process at a location |
760 |
which
was known to or reasonably discoverable by the mortgagee. |
761 |
2. An
association, or its successor or assignee, that |
762 |
acquires
title to a unit through the foreclosure of its lien for |
763 |
assessments
is not liable for any unpaid assessments, late fees, |
764 |
interest,
or reasonable attorney's fees and costs that came due |
765 |
before
the association's acquisition of title in favor of any |
766 |
other
association, as defined in s. 718.103(2) or s. 720.301(9), |
767 |
which
holds a superior lien interest on the unit. This |
768 |
subparagraph
is intended to clarify existing law. |
769 |
(3) Assessments
and installments on assessments which are |
770 |
not
paid when due bear interest at the rate provided in the |
771 |
declaration,
from the due date until paid. The
This rate may not |
772 |
exceed
the rate allowed by law, and, if no rate is provided in |
773 |
the
declaration, interest accrues at the rate of 18 percent
per |
774 |
year.
Also, If provided by
the declaration or bylaws, the |
775 |
association
may, in addition to such interest, charge an |
776 |
administrative
late fee of up to the greater of $25 or 5 percent |
777 |
of each
installment of the assessment for each
delinquent |
778 |
installment
for which the payment is late. Any payment received |
779 |
by
an association must be applied first to any interest
accrued |
780 |
by
the association, then to any administrative late fee, then
to |
781 |
any
costs and reasonable attorney's fees incurred in
collection, |
782 |
and
then to the delinquent assessment. The foregoing is |
783 |
applicable
notwithstanding any restrictive endorsement, |
784 |
designation,
or instruction placed on or accompanying a payment. |
785 |
A
late fee is not subject to chapter 687 or s. 718.303(4)(3). |
786 |
(5) |
787 |
(b) To
be valid, a claim of lien must state the |
788 |
description
of the condominium parcel, the name of the record |
789 |
owner,
the name and address of the association, the amount due, |
790 |
and
the due dates. It must be executed and acknowledged by an |
791 |
officer
or authorized agent of the association. The lien is not |
792 |
effective
longer than 1 year after the claim of lien was |
793 |
recorded
unless, within that time, an action to enforce the lien |
794 |
is
commenced. The 1-year period is automatically extended for |
795 |
any
length of time during which the association is prevented |
796 |
from
filing a foreclosure action by an automatic stay resulting |
797 |
from
a bankruptcy petition filed by the parcel owner or any |
798 |
other
person claiming an interest in the parcel. The claim of |
799 |
lien
secures all unpaid assessments that are due and that may |
800 |
accrue
after the claim of lien is recorded and through the entry |
801 |
of a
final judgment, as well as interest and all reasonable |
802 |
costs
and attorney's fees incurred by the association incident |
803 |
to
the collection process. Upon payment in full, the person |
804 |
making
the payment is entitled to a satisfaction of the lien. |
805 |
|
806 |
After
notice of contest of lien has been recorded, the clerk of |
807 |
the
circuit court shall mail a copy of the recorded notice to |
808 |
the
association by certified mail, return receipt requested,
at |
809 |
the
address shown in the claim of lien or most recent
amendment |
810 |
to
it and shall certify to the service on the face of the |
811 |
notice.
Service is complete upon mailing. After service, the |
812 |
association
has 90 days in which to file an action to enforce |
813 |
the
lien; and, if the action is not filed within the 90-day |
814 |
period,
the lien is void. However, the 90-day period shall be |
815 |
extended
for any length of time during
which that the |
816 |
association
is prevented from filing its action because of an |
817 |
automatic
stay resulting from the filing of a bankruptcy |
818 |
petition
by the unit owner or by any other person claiming an |
819 |
interest
in the parcel. |
820 |
(11)(a) If
the unit is occupied by a tenant and the unit |
821 |
owner
is delinquent in paying any monetary obligation due to the |
822 |
association,
the association may make a written demand that the |
823 |
tenant
pay to the association
the subsequent rental payments |
824 |
future
monetary obligations related to the condominium unit to |
825 |
the
association, and continue
to the tenant must
make such |
826 |
payments
until all monetary obligations of the unit owner |
827 |
related
to the unit have been paid in full to the association |
828 |
payment.
The demand is continuing in nature and, upon demand, |
829 |
The
tenant must pay the monetary obligations to the
association |
830 |
until
the association releases the tenant or the tenant |
831 |
discontinues
tenancy in the unit. |
832 |
1. The
association must provide the tenant a notice, by |
833 |
hand
delivery or United States mail, in substantially the |
834 |
following
form: |
835 |
|
836 |
Pursuant
to section 718.116(11), Florida |
837 |
Statutes,
the association demands that you pay your |
838 |
rent
directly to the condominium association and |
839 |
continue
doing so until the association notifies you |
840 |
otherwise. |
841 |
Payment
due the condominium association may be in |
842 |
the
same form as you paid your landlord and must be |
843 |
sent
by United States mail or hand delivery to |
844 |
...(full
address)..., payable to ...(name).... |
845 |
Your
obligation to pay your rent to the |
846 |
association
begins immediately, unless you have |
847 |
already
paid rent to your landlord for the current |
848 |
period
before receiving this notice. In that case, you |
849 |
must
provide the association written proof of your |
850 |
payment
within 14 days after receiving this notice and |
851 |
your
obligation to pay rent to the association would |
852 |
then
begin with the next rental period. |
853 |
Pursuant
to section 718.116(11), Florida |
854 |
Statutes,
your payment of rent to the association |
855 |
gives
you complete immunity from any claim for the |
856 |
rent
by your landlord for all amounts timely paid to |
857 |
the
association. |
858 |
|
859 |
2. The
association must mail written notice to the unit |
860 |
owner
of the association's demand that the tenant make payments |
861 |
to
the association. |
862 |
3. The
association shall, upon request, provide the tenant |
863 |
with
written receipts for payments made. |
864 |
4. A
tenant who acts in good faith in
response to a |
865 |
written
demand from an association is immune from any
claim by |
866 |
from
the landlord or unit
owner related to the rent timely
paid |
867 |
to
the association after the association has made written |
868 |
demand. |
869 |
(b)(a) If
the tenant paid prepaid
rent to the landlord or |
870 |
unit
owner for a given rental period
before receiving the demand |
871 |
from
the association and provides written evidence to
the |
872 |
association
of having paid paying
the rent to the association |
873 |
within
14 days after receiving the demand, the tenant shall |
874 |
begin
making rental payments to the association for the |
875 |
following
rental period and shall continue making receive
credit |
876 |
for
the prepaid rent for the applicable period and must make
any |
877 |
subsequent
rental payments to the association to be credited |
878 |
against
the monetary obligations of the unit owner until
the |
879 |
association
releases the tenant or the tenant discontinues |
880 |
tenancy
in the unit to the
association. |
881 |
(c)(b) The
tenant is not liable for increases in the |
882 |
amount
of the monetary obligations due unless the tenant was |
883 |
notified
in writing of the increase at least 10 days before the |
884 |
date
the rent is due. The liability of the tenant
may not exceed |
885 |
the
amount due from the tenant to the tenant's landlord. The |
886 |
tenant's
landlord shall provide the tenant a credit against |
887 |
rents
due to the landlord unit
owner in the amount of moneys |
888 |
paid
to the association under this
section. |
889 |
(d)(c) The
association may issue notice
notices under s. |
890 |
83.56
and may sue for
eviction under ss. 83.59-83.625 as if the |
891 |
association
were a landlord under part II of chapter 83 if the |
892 |
tenant
fails to pay a required payment to the association after |
893 |
written
demand has been made to the tenant. However,
the |
894 |
association
is not otherwise considered a landlord under chapter |
895 |
83
and specifically has no obligations
duties under s. 83.51. |
896 |
(e)(d) The
tenant does not, by virtue of payment of |
897 |
monetary
obligations to the association, have any of the rights |
898 |
of a
unit owner to vote in any election or to examine the books |
899 |
and
records of the association. |
900 |
(f)(e) A
court may supersede the effect of this subsection |
901 |
by
appointing a receiver. |
902 |
Section
7. Subsections (2), (3), (4), and (11),
paragraphs |
903 |
(a)
and (d) of subsection (12), subsection (14), paragraph (a) |
904 |
of
subsection (17), and subsections (18) and (19) of section |
905 |
718.117,
Florida Statutes, are amended to read: |
906 |
718.117 Termination
of condominium.- |
907 |
(2) TERMINATION
BECAUSE OF ECONOMIC WASTE OR |
908 |
IMPOSSIBILITY.- |
909 |
(a) Notwithstanding
any provision in the declaration, the |
910 |
condominium
form of ownership of a property may be terminated by |
911 |
a
plan of termination approved by the lesser of the lowest |
912 |
percentage
of voting interests necessary to amend the |
913 |
declaration
or as otherwise provided in the declaration for |
914 |
approval
of termination if: |
915 |
1. The
total estimated cost of construction or repairs |
916 |
necessary
to construct the intended improvements or restore the |
917 |
improvements
to their former condition or bring them into |
918 |
compliance
with applicable laws or regulations exceeds the |
919 |
combined
fair market value of the units in the condominium after |
920 |
completion
of the construction or repairs; or |
921 |
2. It
becomes impossible to operate or reconstruct a |
922 |
condominium
to its prior physical configuration because of land |
923 |
use
laws or regulations. |
924 |
(b) Notwithstanding
paragraph (a), a condominium in which |
925 |
75
percent or more of the units are timeshare units may be |
926 |
terminated
only pursuant to a plan of termination approved by 80 |
927 |
percent
of the total voting interests of the association and the |
928 |
holders
of 80 percent of the original principal amount of |
929 |
outstanding
recorded mortgage liens of timeshare estates in the |
930 |
condominium,
unless the declaration provides for a lower voting |
931 |
percentage. |
932 |
(c) Notwithstanding
paragraph (a), a condominium that |
933 |
includes
units and timeshare estates where the improvements have |
934 |
been
totally destroyed or demolished may be terminated pursuant |
935 |
to
a plan of termination proposed by a unit owner upon the |
936 |
filing
of a petition in court seeking equitable relief. Within |
937 |
10
days after the filing of a petition as provided in this |
938 |
paragraph
and in lieu of the requirements of paragraph (15)(a), |
939 |
the
petitioner shall record the proposed plan of termination
and |
940 |
mail
a copy of the proposed plan and a copy of the petition to: |
941 |
1. If
the association has not been dissolved as a matter |
942 |
of
law, each member of the board of directors of the
association |
943 |
identified
in the most recent annual report filed with the |
944 |
Department
of State and the registered agent of the association; |
945 |
2. The
managing entity as defined in s. 721.05(22); |
946 |
3. Each
unit owner and each timeshare estate owner at the |
947 |
address
reflected in the official records of the association, |
948 |
or,
if the association records cannot be obtained by the |
949 |
petitioner,
each unit owner and each timeshare estate owner at |
950 |
the
address listed in the office of the tax collector for tax |
951 |
notices;
and |
952 |
4. Each
holder of a recorded mortgage lien affecting a |
953 |
unit
or timeshare estate at the address appearing on the |
954 |
recorded
mortgage or any recorded assignment thereof. |
955 |
|
956 |
The
association, if it has not been dissolved as a matter of |
957 |
law,
acting as class representative, or the managing entity as |
958 |
defined
in s. 721.05(22), any unit owner, any timeshare estate |
959 |
owner,
or any holder of a recorded mortgage lien affecting a |
960 |
unit
or timeshare estate may intervene in the proceedings to |
961 |
contest
the proposed plan of termination brought pursuant to |
962 |
this
paragraph. The provisions of subsection (9), to the extent |
963 |
inconsistent
with this paragraph, and subsection (16) are not |
964 |
applicable
to a party contesting a plan of termination under |
965 |
this
paragraph. If no party intervenes to contest the proposed |
966 |
plan
within 45 days after the filing of the petition, the |
967 |
petitioner
may move the court to enter a final judgment to |
968 |
authorize
implementation of the plan of termination. If a party |
969 |
timely
intervenes to contest the proposed plan, the plan may not |
970 |
be
implemented until a final judgment has been entered by the |
971 |
court
finding that the proposed plan of termination is fair and |
972 |
reasonable
and authorizing implementation of the plan. |
973 |
(3) OPTIONAL
TERMINATION.-Except as provided in subsection |
974 |
(2)
or unless the declaration provides for a lower percentage, |
975 |
the
condominium form of ownership of
the property may be |
976 |
terminated
for all or a portion of the
condominium property |
977 |
pursuant
to a plan of termination approved by at least 80 |
978 |
percent
of the total voting interests of the condominium if no |
979 |
not
more than 10 percent of the total voting interests of the |
980 |
condominium
have rejected the plan of termination by negative |
981 |
vote
or by providing written objections thereto.
This subsection |
982 |
does
not apply to condominiums in which 75 percent or more of |
983 |
the
units are timeshare units. |
984 |
(4) EXEMPTION.-A
plan of termination is not an amendment |
985 |
subject
to s. 718.110(4). In a partial
termination, a plan of |
986 |
termination
is not an amendment subject to s. 718.110(4) if the |
987 |
ownership
share of the common elements of a surviving unit in |
988 |
the
condominium remains in the same proportion to the
surviving |
989 |
units
as it was before the partial termination. |
990 |
(11) PLAN
OF TERMINATION; OPTIONAL PROVISIONS; CONDITIONAL |
991 |
TERMINATION.- |
992 |
(a) The
plan of termination may provide that each unit |
993 |
owner
retains the exclusive right of possession to the portion |
994 |
of
the real estate which that
formerly constituted the unit if, |
995 |
in
which case the plan specifies
must specify the
conditions of |
996 |
possession.
In a partial termination, the
plan of termination as |
997 |
specified
in subsection (10) must also identify the units that |
998 |
survive
the partial termination and provide that such units |
999 |
remain
in the condominium form of ownership pursuant to an |
1000 |
amendment
to the declaration of condominium or an amended and |
1001 |
restated
declaration. In a partial termination, title to the |
1002 |
surviving
units and common elements that remain part of the |
1003 |
condominium
property specified in the plan of termination remain |
1004 |
vested
in the ownership shown in the public records and do not |
1005 |
vest
in the termination trustee. |
1006 |
(b) In
a conditional termination, the plan must specify |
1007 |
the
conditions for termination. A conditional plan does not
vest |
1008 |
title
in the termination trustee until the plan and a |
1009 |
certificate
executed by the association with the formalities of |
1010 |
a
deed, confirming that the conditions in the conditional
plan |
1011 |
have
been satisfied or waived by the requisite percentage of
the |
1012 |
voting
interests, have been recorded. In
a partial termination, |
1013 |
the
plan does not vest title to the surviving units or common |
1014 |
elements
that remain part of the condominium property in the |
1015 |
termination
trustee. |
1016 |
(12) ALLOCATION
OF PROCEEDS OF SALE OF CONDOMINIUM |
1017 |
PROPERTY.- |
1018 |
(a) Unless
the declaration expressly provides for the |
1019 |
allocation
of the proceeds of sale of condominium property, the |
1020 |
plan
of termination must first apportion the proceeds between |
1021 |
the
aggregate value of all units and the value of the common |
1022 |
elements,
based on their respective fair market values |
1023 |
immediately
before the termination, as determined by one or more |
1024 |
independent
appraisers selected by the association or |
1025 |
termination
trustee. In a partial
termination, the aggregate |
1026 |
values
of the units and common elements that are being |
1027 |
terminated
must be separately determined, and the plan of |
1028 |
termination
must specify the allocation of the proceeds of sale |
1029 |
for
the units and common elements. |
1030 |
(d) Liens
that encumber a unit shall be transferred to the |
1031 |
proceeds
of sale of the condominium property and the proceeds of |
1032 |
sale
or other distribution of association property, common |
1033 |
surplus,
or other association assets attributable to such unit |
1034 |
in
their same priority. In a partial
termination, liens that |
1035 |
encumber
a unit being terminated must be transferred to the |
1036 |
proceeds
of sale of that portion of the condominium property |
1037 |
being
terminated which are attributable to such unit.
The |
1038 |
proceeds
of any sale of condominium property pursuant to a plan |
1039 |
of
termination may not be deemed to be common surplus or |
1040 |
association
property. |
1041 |
(14) TITLE
VESTED IN TERMINATION TRUSTEE.-If termination |
1042 |
is
pursuant to a plan of termination under subsection (2) or |
1043 |
subsection
(3), the unit owners' rights and
title to as
tenants |
1044 |
in
common in undivided interests in the
condominium property |
1045 |
being
terminated vests vest
in the termination trustee when the |
1046 |
plan
is recorded or at a later date specified in the plan. The |
1047 |
unit
owners thereafter become the beneficiaries of the proceeds |
1048 |
realized
from the plan of termination as
set forth in the plan. |
1049 |
The
termination trustee may deal with the condominium property |
1050 |
being
terminated or any interest therein if the plan
confers on |
1051 |
the
trustee the authority to protect, conserve, manage, sell,
or |
1052 |
dispose
of the condominium property. The trustee, on behalf of |
1053 |
the
unit owners, may contract for the sale of real property |
1054 |
being
terminated, but the contract is not binding on
the unit |
1055 |
owners
until the plan is approved pursuant to subsection (2) or |
1056 |
subsection
(3). |
1057 |
(17) DISTRIBUTION.- |
1058 |
(a) Following
termination of the condominium, the |
1059 |
condominium
property, association property, common surplus, and |
1060 |
other
assets of the association shall be held by the termination |
1061 |
trustee
pursuant to the plan of
termination, as trustee for unit |
1062 |
owners
and holders of liens on the units, in their order of |
1063 |
priority
unless otherwise set forth in the
plan of termination. |
1064 |
(18) ASSOCIATION
STATUS.-The termination of a condominium |
1065 |
does
not change the corporate status of the association that |
1066 |
operated
the condominium property. The association continues to |
1067 |
exist
to conclude its affairs, prosecute and defend actions by |
1068 |
or
against it, collect and discharge obligations, dispose of
and |
1069 |
convey
its property, and collect and divide its assets, but not |
1070 |
to
act except as necessary to conclude its affairs. In
a partial |
1071 |
termination,
the association may continue as the condominium |
1072 |
association
for the property that remains subject to the |
1073 |
declaration
of condominium. |
1074 |
(19) CREATION
OF ANOTHER CONDOMINIUM.-The termination or |
1075 |
partial
termination of a condominium does not bar the
filing of |
1076 |
a new
declaration of condominium or an
amended and restated |
1077 |
declaration
of condominium by the termination trustee,
or the |
1078 |
trustee's
successor in interest, for the terminated property or |
1079 |
affecting
any portion thereof of
the same property. The
partial |
1080 |
termination
of a condominium may provide for the simultaneous |
1081 |
filing
of an amendment to the declaration of condominium or an |
1082 |
amended
and restated declaration of condominium by the |
1083 |
condominium
association for any portion of the property not |
1084 |
terminated
from the condominium form of ownership. |
1085 |
Section
8. Subsections (3), (4), and (5) of section |
1086 |
718.303,
Florida Statutes, are amended, and subsection (6) is |
1087 |
added
to that section, to read: |
1088 |
718.303 Obligations
of owners and occupants; remedies.- |
1089 |
(3) If
a unit owner is delinquent for more than 90 days in |
1090 |
paying
a monetary obligation due to the association, the |
1091 |
association
may suspend the right of a unit owner or a unit's |
1092 |
occupant,
licensee, or invitee to use common elements, common |
1093 |
facilities,
or any other association property until the monetary |
1094 |
obligation
is paid. This subsection does not apply to limited |
1095 |
common
elements intended to be used only by that unit, common |
1096 |
elements
that must be used to access the unit, utility services |
1097 |
provided
to the unit, parking spaces, or elevators. The |
1098 |
association
may also levy reasonable fines for the failure of |
1099 |
the
owner of the unit, or
its occupant, licensee, or invitee, to |
1100 |
comply
with any provision of the declaration, the association |
1101 |
bylaws,
or reasonable rules of the association. A fine may
does |
1102 |
not
become a lien against a unit. A
fine may not exceed $100 per |
1103 |
violation.
However, A fine may be levied on the basis of
each |
1104 |
day
of a continuing violation, with a single notice and |
1105 |
opportunity
for hearing. However, the fine may not exceed
$100 |
1106 |
per
violation, or $1,000 in the aggregate exceed
$1,000. |
1107 |
(a) An
association may suspend, for a reasonable period of |
1108 |
time,
the right of a unit owner, or a unit owner's tenant, |
1109 |
guest,
or invitee, to use the common elements, common |
1110 |
facilities,
or any other association property for failure to |
1111 |
comply
with any provision of the declaration, the association |
1112 |
bylaws,
or reasonable rules of the association. |
1113 |
(b) A
fine or suspension may
not be imposed
levied and a |
1114 |
suspension
may not be imposed unless the association first |
1115 |
provides
at least 14 days' written notice and an opportunity for |
1116 |
a
hearing to the unit owner and, if applicable, its
occupant, |
1117 |
licensee,
or invitee. The hearing must be held before a |
1118 |
committee
of other unit owners who are neither board members nor |
1119 |
persons
residing in a board member's household. If the committee |
1120 |
does
not agree with the fine or
suspension, the fine or |
1121 |
suspension
may not be levied or
imposed. |
1122 |
(4) If
a unit owner is more than 90 days delinquent in |
1123 |
paying
a monetary obligation due to the association, the |
1124 |
association
may suspend the right of the unit owner or the |
1125 |
unit's
occupant, licensee, or invitee to use common elements, |
1126 |
common
facilities, or any other association property until the |
1127 |
monetary
obligation is paid in full. This subsection does not |
1128 |
apply
to limited common elements intended to be used only by |
1129 |
that
unit, common elements needed to access the unit, utility |
1130 |
services
provided to the unit, parking spaces, or elevators. The |
1131 |
notice
and hearing requirements under subsection (3) do not |
1132 |
apply
to suspensions imposed under this subsection. |
1133 |
(4) The
notice and hearing requirements of subsection (3) |
1134 |
do
not apply to the imposition of suspensions or fines
against a |
1135 |
unit
owner or a unit's occupant, licensee, or invitee because
of |
1136 |
failing
to pay any amounts due the association. If such a fine |
1137 |
or
suspension is imposed, the association must levy the fine
or |
1138 |
impose
a reasonable suspension at a properly noticed board |
1139 |
meeting,
and after the imposition of such fine or suspension, |
1140 |
the
association must notify the unit owner and, if applicable, |
1141 |
the
unit's occupant, licensee, or invitee by mail or hand |
1142 |
delivery. |
1143 |
(5) An
association may also
suspend the voting rights of a |
1144 |
unit
or member due to nonpayment of any monetary
obligation due |
1145 |
to
the association which is more than 90 days delinquent. A |
1146 |
voting
interest or consent right allocated to a unit or member |
1147 |
which
has been suspended by the association may not be counted |
1148 |
towards
the total number of voting interests necessary to |
1149 |
constitute
a quorum, the number of voting interests required to |
1150 |
conduct
an election, or the number of voting interests required |
1151 |
to
approve an action under this chapter or pursuant to the |
1152 |
declaration,
articles of incorporation, or bylaws. The |
1153 |
suspension
ends upon full payment of all obligations currently |
1154 |
due
or overdue the association. The
notice and hearing |
1155 |
requirements
under subsection (3) do not apply to a suspension |
1156 |
imposed
under this subsection. |
1157 |
(6) All
suspensions imposed pursuant to subsection (4) or |
1158 |
subsection
(5) must be approved at a properly noticed board |
1159 |
meeting.
Upon approval, the association must notify the unit |
1160 |
owner
and, if applicable, the unit's occupant, licensee, or |
1161 |
invitee
by mail or hand delivery. |
1162 |
Section
9. Section 718.703, Florida Statutes, is
amended |
1163 |
to
read: |
1164 |
718.703 Definitions.-As
used in this part, the term: |
1165 |
(1) "Bulk
assignee" means a person who is
not a bulk buyer |
1166 |
and
who: |
1167 |
(a) Acquires
more than seven condominium parcels in
a |
1168 |
single
condominium as set forth in s. 718.707; and |
1169 |
(b) Receives
an assignment of any of the
developer rights, |
1170 |
other
than or in addition to those rights described in |
1171 |
subsection
(2), some or all of
the rights of the developer as |
1172 |
set
forth in the declaration of condominium or this chapter:
by |
1173 |
1. By
a written instrument recorded as part
of or as an |
1174 |
exhibit
to the deed; or
as |
1175 |
2. By
a separate instrument recorded
in the public records |
1176 |
of
the county in which the condominium is located;
or |
1177 |
3. Pursuant
to a final judgment or certificate of title |
1178 |
issued
in favor of a purchaser at a foreclosure sale. |
1179 |
|
1180 |
A
mortgagee or its assignee may not be deemed a bulk
assignee or |
1181 |
a
developer by reason of the acquisition of condominium
units |
1182 |
and
receipt of an assignment of some or all of a developer |
1183 |
rights
unless the mortgagee or its assignee exercises any of the |
1184 |
developer
rights other than those described in subsection (2). |
1185 |
(2) "Bulk
buyer" means a person who acquires more than |
1186 |
seven
condominium parcels in a single
condominium as set forth |
1187 |
in
s. 718.707, but who does not receive an assignment of any |
1188 |
developer
rights, or receives only some or
all of the following |
1189 |
rights:
other than |
1190 |
(a) The
right to conduct sales, leasing, and marketing |
1191 |
activities
within the condominium; |
1192 |
(b) The
right to be exempt from the payment of working |
1193 |
capital
contributions to the condominium association arising out |
1194 |
of,
or in connection with, the bulk buyer's acquisition of the
a |
1195 |
bulk
number of units; and |
1196 |
(c) The
right to be exempt from any rights of first |
1197 |
refusal
which may be held by the condominium association and |
1198 |
would
otherwise be applicable to subsequent transfers of title |
1199 |
from
the bulk buyer to a third party purchaser concerning one
or |
1200 |
more
units. |
1201 |
Section
10. Section 718.704, Florida Statutes, is
amended |
1202 |
to
read: |
1203 |
718.704 Assignment
and assumption of developer rights by |
1204 |
bulk
assignee; bulk buyer.- |
1205 |
(1) A
bulk assignee is deemed to have
assumed assumes
and |
1206 |
is
liable for all duties and responsibilities of the
developer |
1207 |
under
the declaration and this chapter upon
its acquisition of |
1208 |
title
to units and continuously thereafter, except that
it is |
1209 |
not
liable for: |
1210 |
(a) Warranties
of the developer under s. 718.203(1) or s. |
1211 |
718.618,
except as expressly provided by
the bulk assignee in a |
1212 |
prospectus
or offering circular, or the contract for purchase |
1213 |
and
sale executed with a purchaser, or for design,
construction, |
1214 |
development,
or repair work performed by or on behalf of
the |
1215 |
such
bulk assignee.; |
1216 |
(b) The
obligation to: |
1217 |
1. Fund
converter reserves under s. 718.618 for a unit |
1218 |
that
was not acquired by the bulk assignee; or |
1219 |
2. Provide
implied converter
warranties on any portion of |
1220 |
the
condominium property except as expressly provided by the |
1221 |
bulk
assignee in a prospectus or
offering circular, or the |
1222 |
contract
for purchase and sale executed with a purchaser,
or for |
1223 |
and
pertaining to any design, construction,
development, or |
1224 |
repair
work performed by or on behalf of the bulk assignee.; |
1225 |
(c) The
requirement to provide the association with a |
1226 |
cumulative
audit of the association's finances from the date of |
1227 |
formation
of the condominium association as required by s. |
1228 |
718.301(4)(c).
However, the bulk assignee must provide an audit |
1229 |
for
the period during which the bulk assignee elects or
appoints |
1230 |
a
majority of the members of the board of administration.; |
1231 |
(d) Any
liability arising out of or in connection with |
1232 |
actions
taken by the board of administration or the developer- |
1233 |
appointed
directors before the bulk assignee elects or
appoints |
1234 |
a
majority of the members of the board of administration.;
and |
1235 |
(e) Any
liability for or arising out of the developer's |
1236 |
failure
to fund previous assessments or to resolve budgetary |
1237 |
deficits
in relation to a developer's right to guarantee |
1238 |
assessments,
except as otherwise provided in subsection (2). |
1239 |
|
1240 |
The
bulk assignee is also
responsible only for
delivering |
1241 |
documents
and materials in accordance with s. 718.705(3). A bulk |
1242 |
assignee
may expressly assume some or all of the developer |
1243 |
obligations
of the developer
described in paragraphs (a)-(e). |
1244 |
(2) A
bulk assignee assigned the
developer right receiving |
1245 |
the
assignment of the rights of the developer to
guarantee the |
1246 |
level
of assessments and fund budgetary deficits pursuant to s. |
1247 |
718.116
assumes and is liable for all obligations of the |
1248 |
developer
with respect to such guarantee upon
its acquisition of |
1249 |
title
to the units and continuously thereafter,
including any |
1250 |
applicable
funding of reserves to the extent required by law, |
1251 |
for
as long as the guarantee remains in effect. A bulk
assignee |
1252 |
not
receiving such assignment, or a bulk buyer,
does not assume |
1253 |
and
is not liable for the obligations of the developer with |
1254 |
respect
to such guarantee, but is responsible for payment of |
1255 |
assessments
due on or after acquisition of
the units in the same |
1256 |
manner
as all other owners of condominium parcels or
as |
1257 |
otherwise
provided in s. 718.116. |
1258 |
(3) A
bulk buyer is liable for the duties and |
1259 |
responsibilities
of a the developer under the declaration and |
1260 |
this
chapter only to the extent that
such provided in this
part, |
1261 |
together
with any other duties or responsibilities are
of the |
1262 |
developer
expressly assumed in writing by the bulk buyer. |
1263 |
(4) An
acquirer of condominium parcels is not a bulk |
1264 |
assignee
or a bulk buyer if the transfer to such acquirer was |
1265 |
made: |
1266 |
(a) Before
the effective date of this part; |
1267 |
(b) With
the intent to hinder, delay, or defraud any |
1268 |
purchaser,
unit owner, or the association;,
or if the acquirer |
1269 |
is |
1270 |
(c) By
a person who would be considered an insider under |
1271 |
s.
726.102(7). |
1272 |
(5) An
assignment of developer rights to a bulk assignee |
1273 |
may
be made by a the
developer, a previous bulk assignee, a |
1274 |
mortgagee
or assignee who has acquired title to the units and |
1275 |
received
an assignment of rights, or a court acting on
behalf of |
1276 |
the
developer or the previous bulk assignee if
such developer |
1277 |
rights
are held by the predecessor in title to the bulk |
1278 |
assignee.
At any particular time, there may not be no
more than |
1279 |
one
bulk assignee within a condominium;
however, but there may |
1280 |
be
more than one bulk buyer. If more than one acquirer of |
1281 |
condominium
parcels in the same condominium receives an |
1282 |
assignment
of developer rights in addition
to those rights |
1283 |
described
in s. 718.703(2) from
the same person, the bulk |
1284 |
assignee
is the acquirer whose instrument of assignment is |
1285 |
recorded
first in the public records of
the county in which the |
1286 |
condominium
is located, and any subsequent purported bulk |
1287 |
assignee
may still qualify as a bulk buyer. |
1288 |
Section
11. Subsections (1) and (3) of section 718.705, |
1289 |
Florida
Statutes, are amended to read: |
1290 |
718.705 Board
of administration; transfer of control.- |
1291 |
(1) If,
at the time the bulk assignee acquires title to |
1292 |
the
units and receives an assignment of developer rights, the |
1293 |
developer
has not relinquished control of the board of |
1294 |
administration,
for purposes of determining the timing for |
1295 |
transfer
of control of the board of administration of the |
1296 |
association
to unit owners other than the
developer under s. |
1297 |
718.301(1)(a)
and (b), if a bulk assignee is entitled to elect a |
1298 |
majority
of the members of the board, a condominium
parcel |
1299 |
acquired
by the bulk assignee is not
deemed to be conveyed to a |
1300 |
purchaser,
or owned by an owner other than the developer, until |
1301 |
the
condominium parcel is conveyed to an owner who is not a
bulk |
1302 |
assignee. |
1303 |
(3) If
a bulk assignee relinquishes control of the board |
1304 |
of
administration as set forth in s. 718.301, the bulk
assignee |
1305 |
must
deliver all of those items required by s. 718.301(4). |
1306 |
However,
the bulk assignee is not required to deliver items and |
1307 |
documents
not in the possession of the bulk assignee if
some |
1308 |
items
were or should have been in existence before the bulk |
1309 |
assignee's
acquisition of the units during
the period during |
1310 |
which
the bulk assignee was entitled to elect at least a |
1311 |
majority
of the members of the board of administration.
In |
1312 |
conjunction
with the acquisition
of units condominium
parcels, a |
1313 |
bulk
assignee shall undertake a good faith effort to obtain the |
1314 |
documents
and materials that must be provided to the association |
1315 |
pursuant
to s. 718.301(4). If the bulk assignee is not able to |
1316 |
obtain
all of such documents and materials, the bulk
assignee |
1317 |
must
certify in writing to the association the names or |
1318 |
descriptions
of the documents and materials that were not |
1319 |
obtainable
by the bulk assignee. Delivery of the certificate |
1320 |
relieves
the bulk assignee of responsibility for delivering the |
1321 |
documents
and materials referenced in the certificate as |
1322 |
otherwise
required under ss. 718.112 and 718.301 and this part. |
1323 |
The
responsibility of the bulk assignee for the audit required |
1324 |
by
s. 718.301(4) commences as of the date on which the bulk |
1325 |
assignee
elected or appointed a
majority of the members of the |
1326 |
board
of administration. |
1327 |
Section
12. Section 718.706, Florida Statutes, is
amended |
1328 |
to
read: |
1329 |
718.706 Specific
provisions pertaining to offering of |
1330 |
units
by a bulk assignee or bulk buyer.- |
1331 |
(1) Before
offering more than seven
any units in a single |
1332 |
condominium
for sale or for lease for a term exceeding 5 years, |
1333 |
a
bulk assignee or a bulk buyer must file the following |
1334 |
documents
with the division and provide such documents to a |
1335 |
prospective
purchaser or tenant: |
1336 |
(a) An
updated prospectus or offering circular, or a |
1337 |
supplement
to the prospectus or offering circular, filed by the |
1338 |
original
developer prepared in accordance with s. 718.504, which |
1339 |
must
include the form of contract for sale and for lease in |
1340 |
compliance
with s. 718.503(2); |
1341 |
(b) An
updated Frequently Asked Questions and Answers |
1342 |
sheet; |
1343 |
(c) The
executed escrow agreement if required under s. |
1344 |
718.202;
and |
1345 |
(d) The
financial information required by s. 718.111(13). |
1346 |
However,
if a financial information report did
does not exist |
1347 |
for
the fiscal year before the
acquisition of title by the bulk |
1348 |
assignee
or bulk buyer, and if or
accounting records that
cannot |
1349 |
be
obtained in good faith by the bulk assignee or the bulk
buyer |
1350 |
which
would permit preparation of the required financial |
1351 |
information
report for that period cannot be
obtained despite |
1352 |
good
faith efforts by the bulk assignee or the bulk buyer,
the |
1353 |
bulk
assignee or bulk buyer is excused from the requirement of |
1354 |
this
paragraph. However, the bulk assignee or bulk buyer must |
1355 |
include
in the purchase contract the following statement in |
1356 |
conspicuous
type: |
1357 |
|
1358 |
ALL
OR A PORTION OF THE FINANCIAL INFORMATION
REPORT |
1359 |
REQUIRED
UNDER S. 718.111(13) FOR THE TIME
PERIOD |
1360 |
BEFORE
THE SELLER'S ACQUISITION OF THE UNIT |
1361 |
IMMEDIATELY
PRECEDING FISCAL YEAR OF THE ASSOCIATION |
1362 |
IS
NOT AVAILABLE OR CANNOT BE OBTAINED
DESPITE THE |
1363 |
GOOD
FAITH EFFORTS OF CREATED
BY THE SELLER DUE TO
THE |
1364 |
INSUFFICIENT
ACCOUNTING RECORDS OF THE ASSOCIATION. |
1365 |
|
1366 |
(2) Before
offering more than seven
any units in
a single |
1367 |
condominium
for sale or for lease for a term exceeding 5 years, |
1368 |
a
bulk assignee or a bulk buyer
must file with the division and |
1369 |
provide
to a prospective purchaser or
tenant under a lease for a |
1370 |
term
exceeding 5 years a disclosure statement that
includes, but |
1371 |
is
not limited to: |
1372 |
(a) A
description of any rights
of the developer rights |
1373 |
that
developer which
have been assigned to the bulk assignee or |
1374 |
bulk
buyer; |
1375 |
(b) The
following statement in conspicuous type: |
1376 |
|
1377 |
THE
SELLER IS NOT OBLIGATED FOR ANY WARRANTIES OF THE |
1378 |
DEVELOPER
UNDER S. 718.203(1) OR S. 718.618, AS |
1379 |
APPLICABLE,
EXCEPT FOR DESIGN, CONSTRUCTION, |
1380 |
DEVELOPMENT,
OR REPAIR WORK PERFORMED BY OR ON BEHALF |
1381 |
OF THE
SELLER; and |
1382 |
|
1383 |
(c) If
the condominium is a conversion subject to part VI, |
1384 |
the
following statement in conspicuous type: |
1385 |
|
1386 |
THE
SELLER HAS NO OBLIGATION TO FUND CONVERTER |
1387 |
RESERVES
OR TO PROVIDE CONVERTER WARRANTIES UNDER S. |
1388 |
718.618
ON ANY PORTION OF THE CONDOMINIUM PROPERTY |
1389 |
EXCEPT
AS MAY BE EXPRESSLY
REQUIRED OF THE SELLER IN |
1390 |
THE
CONTRACT FOR PURCHASE AND SALE EXECUTED BY THE |
1391 |
SELLER
AND THE PREVIOUS DEVELOPER AND PERTAINING TO |
1392 |
ANY
DESIGN, CONSTRUCTION, DEVELOPMENT, OR REPAIR WORK |
1393 |
PERFORMED
BY OR ON BEHALF OF THE SELLER. |
1394 |
|
1395 |
(3) A
bulk assignee, while it is in
control of the board |
1396 |
of
administration of the association, may not authorize, on |
1397 |
behalf
of the association: |
1398 |
(a) The
waiver of reserves or the reduction of funding of |
1399 |
the
reserves pursuant to s. 718.112(2)(f)2., unless approved
by |
1400 |
a
majority of the voting interests not controlled by the |
1401 |
developer,
bulk assignee, and bulk buyer; or |
1402 |
(b) The
use of reserve expenditures for other purposes |
1403 |
pursuant
to s. 718.112(2)(f)3., unless approved by a majority of |
1404 |
the
voting interests not controlled by the developer, bulk |
1405 |
assignee,
and bulk buyer. |
1406 |
(4) A
bulk assignee or a bulk buyer must comply with all |
1407 |
the
requirements of s. 718.302 regarding any
contracts entered |
1408 |
into
by the association during the period the bulk assignee or |
1409 |
bulk
buyer maintains control of the board of administration. |
1410 |
Unit
owners shall be provided
afforded all of the
rights and the |
1411 |
protections
contained in s. 718.302 regarding agreements entered |
1412 |
into
by the association which are
under the control of before |
1413 |
unit
owners other than the developer, bulk assignee,
or bulk |
1414 |
buyer
elected a majority of the board
of administration. |
1415 |
(5) Notwithstanding
any other provision of this part, a |
1416 |
bulk
assignee or a bulk buyer is not required to comply with
the |
1417 |
filing
or disclosure requirements of subsections (1) and (2) if |
1418 |
all
of the units owned by the bulk assignee or bulk buyer are |
1419 |
offered
and conveyed to a single purchaser in a single |
1420 |
transaction.
A bulk buyer must comply with the
requirements |
1421 |
contained
in the declaration regarding any transfer of a unit, |
1422 |
including
sales, leases, and subleases. A bulk buyer is not |
1423 |
entitled
to any exemptions afforded a developer or successor |
1424 |
developer
under this chapter regarding the transfer of a unit, |
1425 |
including
sales, leases, or subleases. |
1426 |
Section
13. Section 718.707, Florida Statutes, is
amended |
1427 |
to
read: |
1428 |
718.707 Time
limitation for classification as bulk |
1429 |
assignee
or bulk buyer.-A person acquiring condominium parcels |
1430 |
may
not be classified as a bulk assignee or bulk buyer unless |
1431 |
the
condominium parcels were acquired on
or after July 1, 2010, |
1432 |
but
before July 1, 2012. The date of such acquisition shall be |
1433 |
determined
by the date of recording of a deed or other |
1434 |
instrument
of conveyance for such parcels in the public records |
1435 |
of
the county in which the condominium is located, or by the |
1436 |
date
of issuing issuance
of a certificate of title in a |
1437 |
foreclosure
proceeding with respect to such condominium parcels. |
1438 |
Section
14. Subsections (3), (4), and (10) of section |
1439 |
719.108,
Florida Statutes, are amended to read: |
1440 |
719.108 Rents
and assessments; liability; lien and |
1441 |
priority;
interest; collection; cooperative ownership.- |
1442 |
(3) Rents
and assessments, and installments on them, not |
1443 |
paid
when due bear interest at the rate provided in the |
1444 |
cooperative
documents from the date due until paid. This rate |
1445 |
may
not exceed the rate allowed by law, and, if a rate
is not |
1446 |
provided
in the cooperative documents, interest
accrues at 18 |
1447 |
percent
per annum. If the cooperative documents or bylaws so |
1448 |
provide,
the association may charge an administrative late fee |
1449 |
in
addition to such interest, in an
amount not to exceed the |
1450 |
greater
of $25 or 5 percent of each installment of the |
1451 |
assessment
for each delinquent installment that the payment is |
1452 |
late.
Any payment received by an association must be applied |
1453 |
first
to any interest accrued by the association, then to any |
1454 |
administrative
late fee, then to any costs and reasonable |
1455 |
attorney's
fees incurred in collection, and then to the |
1456 |
delinquent
assessment. The foregoing applies notwithstanding any |
1457 |
restrictive
endorsement, designation, or instruction placed on |
1458 |
or
accompanying a payment. A late fee is not subject to
chapter |
1459 |
687
or s. 719.303(4)(3). |
1460 |
(4) The
association has a lien on each cooperative parcel |
1461 |
for
any unpaid rents and assessments, plus interest, and
any |
1462 |
authorized
administrative late fees, and any
reasonable costs |
1463 |
for
collection services for which the association has
contracted |
1464 |
against
the unit owner of the cooperative parcel. If
authorized |
1465 |
by
the cooperative documents, the lien also secures
reasonable |
1466 |
attorney's
fees incurred by the association incident to the |
1467 |
collection
of the rents and assessments or enforcement of such |
1468 |
lien.
The lien is effective from and after recording a claim of |
1469 |
lien
in the public records in the county in which the |
1470 |
cooperative
parcel is located which states the description of |
1471 |
the
cooperative parcel, the name of the unit owner, the amount |
1472 |
due,
and the due dates. The lien expires if a claim of lien is |
1473 |
not
filed within 1 year after the date the assessment was due, |
1474 |
and
the lien does not continue for longer than 1 year after
the |
1475 |
claim
of lien has been recorded unless, within that time, an |
1476 |
action
to enforce the lien is commenced. Except as otherwise |
1477 |
provided
in this chapter, a lien may not be filed by the |
1478 |
association
against a cooperative parcel until 30 days after the |
1479 |
date
on which a notice of intent to file a lien has been |
1480 |
delivered
to the owner. |
1481 |
(a) The
notice must be sent to the unit owner at the |
1482 |
address
of the unit by first-class United States mail and: |
1483 |
1. If
the most recent address of the unit owner on the |
1484 |
records
of the association is the address of the unit, the |
1485 |
notice
must be sent by registered or certified mail, return |
1486 |
receipt
requested, to the unit owner at the address of the unit. |
1487 |
2. If
the most recent address of the unit owner on the |
1488 |
records
of the association is in the United States, but is not |
1489 |
the
address of the unit, the notice must be sent by registered |
1490 |
or
certified mail, return receipt requested, to the unit
owner |
1491 |
at
his or her most recent address. |
1492 |
3. If
the most recent address of the unit owner on the |
1493 |
records
of the association is not in the United States, the |
1494 |
notice
must be sent by first-class United States mail to the |
1495 |
unit
owner at his or her most recent address. |
1496 |
(b) A
notice that is sent pursuant to this subsection is |
1497 |
deemed
delivered upon mailing. |
1498 |
(10)(a) If
the unit is occupied by a tenant and the unit |
1499 |
owner
is delinquent in paying any monetary obligation due to the |
1500 |
association,
the association may make a written demand that the |
1501 |
tenant
pay to the association
the subsequent rental payments |
1502 |
future
monetary obligations related to the cooperative share to |
1503 |
the
association and continue
to the tenant must
make such |
1504 |
payments
until all monetary obligations of the unit owner |
1505 |
related
to the unit have been paid in full to the association |
1506 |
payment.
The demand is continuing in nature, and upon demand, |
1507 |
The
tenant must pay the monetary obligations to the
association |
1508 |
until
the association releases the tenant or the tenant |
1509 |
discontinues
tenancy in the unit. |
1510 |
1. The
association must provide the tenant a notice, by |
1511 |
hand
delivery or United States mail, in substantially the |
1512 |
following
form: |
1513 |
|
1514 |
Pursuant
to section 719.108(10), Florida |
1515 |
Statutes,
we demand that you make your rent payments |
1516 |
directly
to the cooperative association and continue |
1517 |
doing
so until the association notifies you otherwise. |
1518 |
Payment
due the cooperative association may be in |
1519 |
the
same form as you paid your landlord and must be |
1520 |
sent
by United States mail or hand delivery to |
1521 |
...(full
address)..., payable to ...(name).... |
1522 |
Your
obligation to pay your rent to the |
1523 |
association
begins immediately, unless you have |
1524 |
already
paid rent to your landlord for the current |
1525 |
period
before receiving this notice. In that case, you |
1526 |
must
provide the association written proof of your |
1527 |
payment
within 14 days after receiving this notice and |
1528 |
your
obligation to pay rent to the association would |
1529 |
then
begin with the next rental period. |
1530 |
Pursuant
to section 719.108(10), Florida |
1531 |
Statutes,
your payment of rent to the association |
1532 |
gives
you complete immunity from any claim for the |
1533 |
rent
by your landlord. |
1534 |
|
1535 |
2. The
association must mail written notice to the unit |
1536 |
owner
of the association's demand that the tenant make payments |
1537 |
to
the association. |
1538 |
3. The
association shall, upon request, provide the tenant |
1539 |
with
written receipts for payments made. |
1540 |
4. A
tenant who acts in good faith in
response to a |
1541 |
written
demand from an association is immune from any
claim by |
1542 |
from
the landlord or unit
owner related to the rent timely
paid |
1543 |
to
the association after the association has made written |
1544 |
demand. |
1545 |
(b)(a) If
the tenant paid prepaid
rent to the landlord or |
1546 |
unit
owner for a given rental period
before receiving the demand |
1547 |
from
the association and provides written evidence
to the |
1548 |
association
of having paid paying
the rent to the association |
1549 |
within
14 days after receiving the demand, the tenant shall |
1550 |
begin
making rental payments to the association for the |
1551 |
following
rental period and shall continue making receive
credit |
1552 |
for
the prepaid rent for the applicable period and must make
any |
1553 |
subsequent
rental payments to the association to be credited |
1554 |
against
the monetary obligations of the unit owner until
the |
1555 |
association
releases the tenant or the tenant discontinues |
1556 |
tenancy
in the unit to the
association. |
1557 |
(c)(b) The
tenant is not liable for increases in the |
1558 |
amount
of the regular monetary obligations due unless the tenant |
1559 |
was
notified in writing of the increase at least 10 days
before |
1560 |
the
date on which the rent is due. The liability of
the tenant |
1561 |
may
not exceed the amount due from the tenant to the tenant's |
1562 |
landlord.
The tenant's landlord shall provide the tenant a |
1563 |
credit
against rents due to the landlord
unit owner in the |
1564 |
amount
of moneys paid to the association under
this section. |
1565 |
(d)(c) The
association may issue notice
notices under s. |
1566 |
83.56
and may sue for
eviction under ss. 83.59-83.625 as if the |
1567 |
association
were a landlord under part II of chapter 83 if the |
1568 |
tenant
fails to pay a required payment to
the association after |
1569 |
written
demand has been made to the tenant. However,
the |
1570 |
association
is not otherwise considered a landlord under chapter |
1571 |
83
and specifically has no obligations
duties under s. 83.51. |
1572 |
(e)(d) The
tenant does not, by virtue of payment of |
1573 |
monetary
obligations to the association,
have any of the rights |
1574 |
of a
unit owner to vote in any election or to examine the books |
1575 |
and
records of the association. |
1576 |
(f)(e) A
court may supersede the effect of this subsection |
1577 |
by
appointing a receiver. |
1578 |
Section
15. Subsection (3) of section 719.303, Florida |
1579 |
Statutes,
is amended, and subsections (4), (5), and (6) are |
1580 |
added
to that section, to read: |
1581 |
719.303 Obligations
of owners.- |
1582 |
(3) If
the cooperative documents so provide, The |
1583 |
association
may levy reasonable fines against a unit owner for |
1584 |
failure
of the unit owner or the unit's
occupant, his or her |
1585 |
licensee,
or invitee or the unit's occupant
to comply with any |
1586 |
provision
of the cooperative documents or reasonable rules of |
1587 |
the
association. A fine may not
No fine shall become a
lien |
1588 |
against
a unit. No fine shall exceed $100
per violation. |
1589 |
However,
A fine may be levied on the basis of each day of a |
1590 |
continuing
violation, with a single notice and opportunity for |
1591 |
hearing.
However, the fine may not exceed $100 per
violation, or |
1592 |
$1,000
provided that no such fine shall in the aggregate exceed |
1593 |
$1,000. |
1594 |
(a) An
association may suspend, for a reasonable period of |
1595 |
time,
the right of a unit owner, or a unit owner's tenant, |
1596 |
guest,
or invitee, to use the common elements, common |
1597 |
facilities,
or any other association property for failure to |
1598 |
comply
with any provision of the cooperative documents or |
1599 |
reasonable
rules of the association. |
1600 |
(b) A
No fine or
suspension may not
be imposed levied |
1601 |
except
after giving reasonable notice and opportunity for a |
1602 |
hearing
to the unit owner and, if applicable, the
unit's his or |
1603 |
her
licensee or invitee. The hearing must
shall be held before a |
1604 |
committee
of other unit owners. If the committee does not agree |
1605 |
with
the fine or suspension,
it may shall
not be imposed levied. |
1606 |
This
subsection does not apply to unoccupied units. |
1607 |
(4) If
a unit owner is more than 90 days delinquent in |
1608 |
paying
a monetary obligation due to the association, the |
1609 |
association
may suspend the right of the unit owner or the |
1610 |
unit's
occupant, licensee, or invitee to use common elements, |
1611 |
common
facilities, or any other association property until the |
1612 |
monetary
obligation is paid in full. This subsection does not |
1613 |
apply
to limited common elements intended to be used only by |
1614 |
that
unit, common elements needed to access the unit, utility |
1615 |
services
provided to the unit, parking spaces, or elevators. The |
1616 |
notice
and hearing requirements under subsection (3) do not |
1617 |
apply
to suspensions imposed under this subsection. |
1618 |
(5) An
association may suspend the voting rights of a unit |
1619 |
or
member due to nonpayment of any monetary obligation due to |
1620 |
the
association which is more than 90 days delinquent. A
voting |
1621 |
interest
or consent right allocated to a unit or member which |
1622 |
has
been suspended by the association may not be counted
towards |
1623 |
the
total number of voting interests for any purpose,
including, |
1624 |
but
not limited to, the number of voting interests necessary
to |
1625 |
constitute
a quorum, the number of voting interests required to |
1626 |
conduct
an election, or the number of voting interests required |
1627 |
to
approve an action under this chapter or pursuant to the |
1628 |
cooperative
documents, articles of incorporation, or bylaws. The |
1629 |
suspension
ends upon full payment of all obligations currently |
1630 |
due
or overdue the association. The notice and hearing |
1631 |
requirements
under subsection (3) do not apply to a suspension |
1632 |
imposed
under this subsection. |
1633 |
(6) All
suspensions imposed pursuant to subsection (4) or |
1634 |
subsection
(5) must be approved at a properly noticed board |
1635 |
meeting.
Upon approval, the association must notify the unit |
1636 |
owner
and, if applicable, the unit's occupant, licensee, or |
1637 |
invitee
by mail or hand delivery. |
1638 |
Section
16. Subsection (4) of section 720.301, Florida |
1639 |
Statutes,
is amended to read: |
1640 |
720.301 Definitions.-As
used in this chapter, the term: |
1641 |
(4) "Declaration
of covenants," or "declaration," means a |
1642 |
recorded
written instrument or instruments
in the nature of |
1643 |
covenants
running with the land which subject
subjects the land |
1644 |
comprising
the community to the jurisdiction and control of an |
1645 |
association
or associations in which the owners of the parcels, |
1646 |
or
their association representatives, must be members. |
1647 |
Section
17. Paragraph (b) of subsection (2) and
paragraph |
1648 |
(c)
of subsection (5) of section 720.303, Florida Statutes,
are |
1649 |
amended
to read: |
1650 |
720.303 Association
powers and duties; meetings of board; |
1651 |
official
records; budgets; financial reporting; association |
1652 |
funds;
recalls.- |
1653 |
(2) BOARD
MEETINGS.- |
1654 |
(b) Members
have the right to attend all meetings of the |
1655 |
board
and to speak on any matter placed
on the agenda by |
1656 |
petition
of the voting interests for at least 3 minutes.
The |
1657 |
right
to attend such meetings includes the right to speak at |
1658 |
such
meetings with reference to all designated items. The |
1659 |
association
may adopt written reasonable rules expanding the |
1660 |
right
of members to speak and governing the frequency, duration, |
1661 |
and
other manner of member statements, which rules must be |
1662 |
consistent
with this paragraph and may include a sign-up sheet |
1663 |
for
members wishing to speak. Notwithstanding any other law, |
1664 |
meetings
between the board or a committee and the association's |
1665 |
attorney
to discuss proposed or pending litigation or meetings |
1666 |
of
the board held for the purpose of discussing personnel |
1667 |
matters
are not required to be open to the members other than |
1668 |
directors. |
1669 |
(5) INSPECTION
AND COPYING OF RECORDS.-The official |
1670 |
records
shall be maintained within the state and must be open to |
1671 |
inspection
and available for photocopying by members or their |
1672 |
authorized
agents at reasonable times and places within 10 |
1673 |
business
days after receipt of a written request for access. |
1674 |
This
subsection may be complied with by having a copy of the |
1675 |
official
records available for inspection or copying in the |
1676 |
community.
If the association has a photocopy machine available |
1677 |
where
the records are maintained, it must provide parcel owners |
1678 |
with
copies on request during the inspection if the entire |
1679 |
request
is limited to no more than 25 pages. |
1680 |
(c) The
association may adopt reasonable written rules |
1681 |
governing
the frequency, time, location, notice, records to be |
1682 |
inspected,
and manner of inspections, but may not require a |
1683 |
parcel
owner to demonstrate any proper purpose for the |
1684 |
inspection,
state any reason for the inspection, or limit a |
1685 |
parcel
owner's right to inspect records to less than one 8-hour |
1686 |
business
day per month. The association may impose fees to cover |
1687 |
the
costs of providing copies of the official records, |
1688 |
including,
without limitation, the costs of copying. The |
1689 |
association
may charge up to 50 cents per page for copies made |
1690 |
on
the association's photocopier. If the association does not |
1691 |
have
a photocopy machine available where the records are kept, |
1692 |
or
if the records requested to be copied exceed 25 pages in |
1693 |
length,
the association may have copies made by an outside |
1694 |
vendor
or association management company personnel and may |
1695 |
charge
the actual cost of copying, including any reasonable |
1696 |
costs
involving personnel fees and charges at an hourly rate for |
1697 |
vendor
or employee time to cover administrative costs to the |
1698 |
vendor
or association. The association shall maintain an |
1699 |
adequate
number of copies of the recorded governing documents, |
1700 |
to
ensure their availability to members and prospective
members. |
1701 |
Notwithstanding
this paragraph, the following records are not |
1702 |
accessible
to members or parcel owners: |
1703 |
1. Any
record protected by the lawyer-client privilege as |
1704 |
described
in s. 90.502 and any record protected by the work- |
1705 |
product
privilege, including, but not limited to, a any
record |
1706 |
prepared
by an association attorney or prepared at the |
1707 |
attorney's
express direction which reflects a mental impression, |
1708 |
conclusion,
litigation strategy, or legal theory of the attorney |
1709 |
or
the association and which was prepared exclusively for
civil |
1710 |
or
criminal litigation or for adversarial administrative |
1711 |
proceedings
or which was prepared in anticipation of such |
1712 |
imminent
civil or criminal litigation or imminent
adversarial |
1713 |
administrative
proceedings until the conclusion of the |
1714 |
litigation
or administrative
proceedings. |
1715 |
2. Information
obtained by an association in connection |
1716 |
with
the approval of the lease, sale, or other transfer of a |
1717 |
parcel. |
1718 |
3. Personnel
records of the association's employees, |
1719 |
including,
but not limited to, disciplinary, payroll, health, |
1720 |
and
insurance records. For purposes
of this subparagraph, the |
1721 |
term
"personnel records" does not include written
employment |
1722 |
agreements
with an association employee or budgetary or |
1723 |
financial
records that indicate the compensation paid to an |
1724 |
association
employee. |
1725 |
4. Medical
records of parcel owners or community |
1726 |
residents. |
1727 |
5. Social
security numbers, driver's license numbers, |
1728 |
credit
card numbers, electronic mailing addresses, telephone |
1729 |
numbers,
facsimile numbers,
emergency contact information, any |
1730 |
addresses
for a parcel owner other than as provided for |
1731 |
association
notice requirements, and other personal identifying |
1732 |
information
of any person, excluding the person's name, parcel |
1733 |
designation,
mailing address, and property address. However,
an |
1734 |
owner
may consent in writing to the disclosure of protected |
1735 |
information
described in this subparagraph. The association is |
1736 |
not
liable for the disclosure of information that is protected |
1737 |
under
this subparagraph if the information is included in an |
1738 |
official
record of the association and is voluntarily provided |
1739 |
by
an owner and not requested by the association. |
1740 |
6. Any
electronic security measure that is used by the |
1741 |
association
to safeguard data, including passwords. |
1742 |
7. The
software and operating system used by the |
1743 |
association
which allows the manipulation of data, even if the |
1744 |
owner
owns a copy of the same software used by the association. |
1745 |
The
data is part of the official records of the association. |
1746 |
Section
18. Section 720.305, Florida Statutes, is
amended |
1747 |
to
read: |
1748 |
720.305 Obligations
of members; remedies at law or in |
1749 |
equity;
levy of fines and suspension of use rights.- |
1750 |
(1) Each
member and the member's tenants, guests, and |
1751 |
invitees,
and each association, are governed by, and must comply |
1752 |
with,
this chapter, the governing documents of the community, |
1753 |
and
the rules of the association. Actions at law or in equity, |
1754 |
or
both, to redress alleged failure or refusal to comply with |
1755 |
these
provisions may be brought by the association or by any |
1756 |
member
against: |
1757 |
(a) The
association; |
1758 |
(b) A
member; |
1759 |
(c) Any
director or officer of an association who |
1760 |
willfully
and knowingly fails to comply with these provisions; |
1761 |
and |
1762 |
(d) Any
tenants, guests, or invitees occupying a parcel or |
1763 |
using
the common areas. |
1764 |
|
1765 |
The
prevailing party in any such litigation is entitled to |
1766 |
recover
reasonable attorney's fees and costs. A member |
1767 |
prevailing
in an action between the association and the member |
1768 |
under
this section, in addition to recovering his or her |
1769 |
reasonable
attorney's fees, may recover additional amounts as |
1770 |
determined
by the court to be necessary to reimburse the member |
1771 |
for
his or her share of assessments levied by the association
to |
1772 |
fund
its expenses of the litigation. This relief does not |
1773 |
exclude
other remedies provided by law. This section does not |
1774 |
deprive
any person of any other available right or remedy. |
1775 |
(2) The
association If a member is delinquent for
more |
1776 |
than
90 days in paying a monetary obligation due the |
1777 |
association,
an association may suspend, until such monetary |
1778 |
obligation
is paid, the rights of a member or a member's |
1779 |
tenants,
guests, or invitees, or both, to use common areas and |
1780 |
facilities
and may levy reasonable fines of up to $100 per |
1781 |
violation,
against any member or any member's
tenant, guest, or |
1782 |
invitee
for the failure of the owner of
the parcel or its |
1783 |
occupant,
licensee, or invitee to comply with any provision of |
1784 |
the
declaration, the association bylaws, or reasonable rules
of |
1785 |
the
association. A fine may be levied for each day
of a |
1786 |
continuing
violation, with a single notice and opportunity for |
1787 |
hearing,
except that the a
fine may not exceed $1,000 in the |
1788 |
aggregate
unless otherwise provided in the governing documents. |
1789 |
A
fine of less than $1,000 may not become a lien against a |
1790 |
parcel.
In any action to recover a fine, the prevailing party is |
1791 |
entitled
to collect its
reasonable attorney's fees and costs |
1792 |
from
the nonprevailing party as determined by the court. |
1793 |
(a) An
association may suspend, for a reasonable period of |
1794 |
time,
the right of a member, or a member's tenant, guest, or |
1795 |
invitee,
to use common areas and facilities for the failure of |
1796 |
the
owner of the parcel or its occupant, licensee, or invitee
to |
1797 |
comply
with any provision of the declaration, the association |
1798 |
bylaws,
or reasonable rules of the association. The
provisions |
1799 |
regarding
the suspension-of-use rights do not apply to the |
1800 |
portion
of common areas that must be used to provide access to |
1801 |
the
parcel or utility services provided to the parcel. |
1802 |
(b)(a) A
fine or suspension may not be imposed without at |
1803 |
least
14 days' notice to the person sought to be fined or |
1804 |
suspended
and an opportunity for a hearing before a committee of |
1805 |
at
least three members appointed by the board who are not |
1806 |
officers,
directors, or employees of the association, or the |
1807 |
spouse,
parent, child, brother, or sister of an officer, |
1808 |
director,
or employee. If the committee, by majority vote, does |
1809 |
not
approve a proposed fine or suspension, it may not be |
1810 |
imposed.
If the association imposes a fine or suspension, the |
1811 |
association
must provide written notice of such fine or |
1812 |
suspension
by mail or hand delivery to the parcel owner and, if |
1813 |
applicable,
to any tenant, licensee, or invitee of the parcel |
1814 |
owner. |
1815 |
(3) If
a member is more than 90 days delinquent in paying |
1816 |
a
monetary obligation due to the association, the
association |
1817 |
may
suspend the rights of the member, or the member's tenant, |
1818 |
guest,
or invitee, to use common areas and facilities until the |
1819 |
monetary
obligation is paid in full. This subsection does not |
1820 |
apply
to that portion of common areas used to provide access or |
1821 |
utility
services to the parcel. |
1822 |
(b) Suspension
does of
common-area-use rights do not |
1823 |
impair
the right of an owner or tenant of a parcel to have |
1824 |
vehicular
and pedestrian ingress to and egress from the parcel, |
1825 |
including,
but not limited to, the right to park. The
notice and |
1826 |
hearing
requirements under subsection (2) do not apply to a |
1827 |
suspension
imposed under this subsection. |
1828 |
(4)(3) If
the governing documents so provide, An |
1829 |
association
may suspend the voting rights of a parcel
or member |
1830 |
for
the nonpayment of any monetary
obligation due to the |
1831 |
association
that is more than regular
annual assessments that |
1832 |
are
delinquent in excess of 90 days delinquent.
A voting |
1833 |
interest
or consent right allocated to a parcel or member which |
1834 |
has
been suspended by the association may not be counted
towards |
1835 |
the
total number of voting interests for any purpose,
including, |
1836 |
but
not limited to, the number of voting interests necessary
to |
1837 |
constitute
a quorum, the number of voting interests required to |
1838 |
conduct
an election, or the number of voting interests required |
1839 |
to
approve an action under this chapter or pursuant to the |
1840 |
governing
documents. The notice and hearing requirements under |
1841 |
subsection
(2) do not apply to a suspension imposed under this |
1842 |
subsection.
The suspension ends upon full payment of all |
1843 |
obligations
currently due or overdue to the association. |
1844 |
(5) All
suspensions imposed pursuant to subsection (3) or |
1845 |
subsection
(4) must be approved at a properly noticed board |
1846 |
meeting.
Upon approval, the association must notify the parcel |
1847 |
owner
and, if applicable, the parcel's occupant, licensee, or |
1848 |
invitee
by mail or hand delivery. |
1849 |
Section
19. Subsection (9) of section 720.306, Florida |
1850 |
Statutes,
is amended to read: |
1851 |
720.306 Meetings
of members; voting and election |
1852 |
procedures;
amendments.- |
1853 |
(9)(a) ELECTIONS
AND BOARD VACANCIES.- Elections of |
1854 |
directors
must be conducted in accordance with the procedures |
1855 |
set
forth in the governing documents of the association. All |
1856 |
members
of the association are eligible to serve on the board of |
1857 |
directors,
and a member may nominate himself or herself as a |
1858 |
candidate
for the board at a meeting where the election is to be |
1859 |
held
or, if the election process allows voting by absentee |
1860 |
ballot,
in advance of the balloting. Except as otherwise |
1861 |
provided
in the governing documents, boards of directors must be |
1862 |
elected
by a plurality of the votes cast by eligible voters. |
1863 |
(b) A
person who is delinquent in the payment of any fee, |
1864 |
fine,
or other monetary obligation to the association for more |
1865 |
than
90 days is not eligible for board membership. A person who |
1866 |
has
been convicted of any felony in this state or in a United |
1867 |
States
District or Territorial Court, or has been convicted of |
1868 |
any
offense in another jurisdiction which would be considered
a |
1869 |
felony
if committed in this state, is not eligible for board |
1870 |
membership
unless such felon's civil rights have been restored |
1871 |
for
at least 5 years as of the date on which such person seeks |
1872 |
election
to the board. The validity of any action by the board |
1873 |
is
not affected if it is later determined that a member of
the |
1874 |
board
is ineligible for board membership. |
1875 |
(c) Any
election dispute between a member and an |
1876 |
association
must be submitted to mandatory binding arbitration |
1877 |
with
the division. Such proceedings must be conducted in the |
1878 |
manner
provided by s. 718.1255 and the procedural rules adopted |
1879 |
by
the division. Unless otherwise provided in the bylaws, any |
1880 |
vacancy
occurring on the board before the expiration of a term |
1881 |
may
be filled by an affirmative vote of the majority of the |
1882 |
remaining
directors, even if the remaining directors constitute |
1883 |
less
than a quorum, or by the sole remaining director. In the |
1884 |
alternative,
a board may hold an election to fill the vacancy, |
1885 |
in
which case the election procedures must conform to the |
1886 |
requirements
of the governing documents. Unless otherwise |
1887 |
provided
in the bylaws, a board member appointed or elected |
1888 |
under
this section is appointed for the unexpired term of the |
1889 |
seat
being filled. Filling vacancies created by recall is |
1890 |
governed
by s. 720.303(10) and rules adopted by the division. |
1891 |
Section
20. Paragraph (d) is added to subsection (2) of |
1892 |
section
720.3085, Florida Statutes, and paragraph (a) of |
1893 |
subsection
(1) and subsections (3) and (8) of that section are |
1894 |
amended,
to read: |
1895 |
720.3085 Payment
for assessments; lien claims.- |
1896 |
(1) When
authorized by the governing documents, the |
1897 |
association
has a lien on each parcel to secure the payment of |
1898 |
assessments
and other amounts provided for by this section. |
1899 |
Except
as otherwise set forth in this section, the lien is |
1900 |
effective
from and shall relate back to the date on which the |
1901 |
original
declaration of the community was recorded. However, as |
1902 |
to
first mortgages of record, the lien is effective from and |
1903 |
after
recording of a claim of lien in the public records of the |
1904 |
county
in which the parcel is located. This subsection does not |
1905 |
bestow
upon any lien, mortgage, or certified judgment of record |
1906 |
on
July 1, 2008, including the lien for unpaid assessments |
1907 |
created
in this section, a priority that, by law, the lien, |
1908 |
mortgage,
or judgment did not have before July 1, 2008. |
1909 |
(a) To
be valid, a claim of lien must state the |
1910 |
description
of the parcel, the name of the record owner, the |
1911 |
name
and address of the association, the assessment amount due, |
1912 |
and
the due date. The claim of lien secures
shall secure all |
1913 |
unpaid
assessments that are due and that may accrue subsequent |
1914 |
to
the recording of the claim of lien and before entry of a |
1915 |
certificate
of title, as well as interest, late charges, and |
1916 |
reasonable
costs and attorney's fees incurred by the association |
1917 |
incident
to the collection process. The person making the |
1918 |
payment
is entitled to a satisfaction of the lien upon payment |
1919 |
in
full. |
1920 |
(2) |
1921 |
(d) An
association, or its successor or assignee, that |
1922 |
acquires
title to a parcel through the foreclosure of its lien |
1923 |
for
assessments is not liable for any unpaid assessments, late |
1924 |
fees,
interest, or reasonable attorney's fees and costs that |
1925 |
came
due before the association's acquisition of title in favor |
1926 |
of
any other association, as defined in s. 718.103(2) or s. |
1927 |
720.301(9),
which holds a superior lien interest on the parcel. |
1928 |
This
paragraph is intended to clarify existing law. |
1929 |
(3) Assessments
and installments on assessments that are |
1930 |
not
paid when due bear interest from the due date until paid
at |
1931 |
the
rate provided in the declaration of covenants or the
bylaws |
1932 |
of
the association, which rate may not exceed the rate
allowed |
1933 |
by
law. If no rate is provided in the declaration or bylaws, |
1934 |
interest
accrues at the rate of 18 percent per year. |
1935 |
(a) If
the declaration or bylaws so provide, the |
1936 |
association
may also charge an administrative late fee in an |
1937 |
amount
not to exceed the greater of $25 or 5 percent of the |
1938 |
amount
of each installment that is paid past the due date. |
1939 |
(b) Any
payment received by an association and accepted |
1940 |
shall
be applied first to any interest accrued, then to any |
1941 |
administrative
late fee, then to any costs and reasonable |
1942 |
attorney's
fees incurred in collection, and then to the |
1943 |
delinquent
assessment. This paragraph applies notwithstanding |
1944 |
any
restrictive endorsement, designation, or instruction
placed |
1945 |
on
or accompanying a payment. A late fee is not subject to
the |
1946 |
provisions
of chapter 687 and is not a fine. |
1947 |
(8)(a) If
the parcel is occupied by a tenant and the |
1948 |
parcel
owner is delinquent in paying any monetary obligation due |
1949 |
to
the association, the association may demand that the
tenant |
1950 |
pay
to the association the subsequent
rental payments and |
1951 |
continue
to make such payments until all the monetary |
1952 |
obligations
of the parcel owner related to the parcel have been |
1953 |
paid
in full to the association and the
future monetary |
1954 |
obligations
related to the parcel. The demand is continuing in |
1955 |
nature,
and upon demand, the tenant must continue to pay the |
1956 |
monetary
obligations until the association releases the
tenant |
1957 |
or until
the tenant discontinues tenancy in the parcel. |
1958 |
1. The
association must provide the tenant a notice, by |
1959 |
hand
delivery or United States mail, in substantially the |
1960 |
following
form: |
1961 |
|
1962 |
Pursuant
to section 720.3085(8), Florida |
1963 |
Statutes,
we demand that you make your rent payments |
1964 |
directly
to the homeowners' association and continue |
1965 |
doing
so until the association notifies you otherwise. |
1966 |
Payment
due the homeowners' association may be in |
1967 |
the
same form as you paid your landlord and must be |
1968 |
sent
by United States mail or hand delivery to |
1969 |
...(full
address)..., payable to ...(name).... |
1970 |
Your
obligation to pay your rent to the |
1971 |
association
begins immediately, unless you have |
1972 |
already
paid rent to your landlord for the current |
1973 |
period
before receiving this notice. In that case, you |
1974 |
must
provide the association written proof of your |
1975 |
payment
within 14 days after receiving this notice and |
1976 |
your
obligation to pay rent to the association would |
1977 |
then
begin with the next rental period. |
1978 |
Pursuant
to section 720.3085(8), Florida |
1979 |
Statutes,
your payment of rent to the association |
1980 |
gives
you complete immunity from any claim for the |
1981 |
rent
by your landlord. |
1982 |
|
1983 |
2. A
tenant who acts in good faith in
response to a |
1984 |
written
demand from an association is immune from any
claim by |
1985 |
from
the parcel owner related to the
rent timely paid to the |
1986 |
association
after the association has made written demand. |
1987 |
(b)(a) If
the tenant paid prepaid
rent to the landlord or |
1988 |
parcel
owner for a given rental period
before receiving the |
1989 |
demand
from the association and provides written evidence
to the |
1990 |
association
of having paid paying
the rent to the association |
1991 |
within
14 days after receiving the demand, the tenant shall |
1992 |
begin
making rental payments to the association for the |
1993 |
following
rental period and shall continue making receive
credit |
1994 |
for
the prepaid rent for the applicable period and must make
any |
1995 |
subsequent
rental payments to the association to be credited |
1996 |
against
the monetary obligations of the parcel owner until
the |
1997 |
association
releases the tenant or the tenant discontinues |
1998 |
tenancy
in the unit to the
association. The association shall, |
1999 |
upon
request, provide the tenant with written receipts for |
2000 |
payments
made. The association shall mail written notice to the |
2001 |
parcel
owner of the association's demand that the tenant pay |
2002 |
monetary
obligations to the association. |
2003 |
(c)(b) The
liability of the tenant may not exceed the |
2004 |
amount
due from the tenant to the tenant's landlord. The
tenant |
2005 |
is
not liable for increases in the amount of the monetary |
2006 |
obligations
due unless the tenant was notified in writing of the |
2007 |
increase
at least 10 days before the date on which the rent is |
2008 |
due.
The tenant shall be given a credit against rents due to
the |
2009 |
landlord
parcel owner in the amount of assessments paid to
the |
2010 |
association. |
2011 |
(d)(c) The
association may issue notice notices
under s. |
2012 |
83.56
and may sue for
eviction under ss. 83.59-83.625 as if the |
2013 |
association
were a landlord under part II of chapter 83 if the |
2014 |
tenant
fails to pay a monetary obligation. However, the |
2015 |
association
is not otherwise considered a landlord under chapter |
2016 |
83
and specifically has no obligations
duties under s. 83.51. |
2017 |
(e)(d) The
tenant does not, by virtue of payment of |
2018 |
monetary
obligations, have any of the rights of a parcel owner |
2019 |
to
vote in any election or to examine the books and records
of |
2020 |
the
association. |
2021 |
(f)(e) A
court may supersede the effect of this subsection |
2022 |
by
appointing a receiver. |
2023 |
Section
21. Section 720.309, Florida Statutes, is
amended |
2024 |
to
read: |
2025 |
720.309 Agreements
entered into by the association.- |
2026 |
(1) Any
grant or reservation made by any document, and any |
2027 |
contract
that has with
a term greater than in
excess of 10 |
2028 |
years,
that is made by an association before control
of the |
2029 |
association
is turned over to the members other than the |
2030 |
developer,
and that provides which
provide for the
operation, |
2031 |
maintenance,
or management of the association or common areas, |
2032 |
must
be fair and reasonable. |
2033 |
(2) If
the governing documents provide for the cost of |
2034 |
communications
services as defined in s. 202.11, information |
2035 |
services
or Internet services obtained pursuant to a bulk |
2036 |
contract
shall be deemed an operating expense of the |
2037 |
association.
If the governing documents do not provide for such |
2038 |
services,
the board may contract for the services, and the cost |
2039 |
shall
be deemed an operating expense of the association but must |
2040 |
be
allocated on a per-parcel basis rather than a percentage |
2041 |
basis,
notwithstanding that the governing documents provide for |
2042 |
other
than an equal sharing of operating expenses. Any contract |
2043 |
entered
into before July 1, 2011, in which the cost of the |
2044 |
service
is not equally divided among all parcel owners may be |
2045 |
changed
by a majority of the voting interests present at a |
2046 |
regular
or special meeting of the association in order to |
2047 |
allocate
the cost equally among all parcels. |
2048 |
(a) Any
contract entered into by the board may be canceled |
2049 |
by
a majority of the voting interests present at the next |
2050 |
regular
or special meeting of the association, whichever occurs |
2051 |
first.
Any member may make a motion to cancel such contract, but |
2052 |
if
no motion is made or if such motion fails to obtain the |
2053 |
required
vote, the contract shall be deemed ratified for the |
2054 |
term
expressed therein. |
2055 |
(b) Any
contract entered into by the board must provide, |
2056 |
and
shall be deemed to provide if not expressly set forth |
2057 |
therein,
that a hearing-impaired or legally blind parcel owner |
2058 |
who
does not occupy the parcel with a non-hearing-impaired or |
2059 |
sighted
person, or a parcel owner who receives supplemental |
2060 |
security
income under Title XVI of the Social Security Act or |
2061 |
food
assistance as administered by the Department of Children |
2062 |
and
Family Services pursuant to s. 414.31, may discontinue the |
2063 |
service
without incurring disconnect fees, penalties, or |
2064 |
subsequent
service charges, and may not be required to pay any |
2065 |
operating
expenses charge related to such service for those |
2066 |
parcels.
If fewer than all parcel owners share the expenses of |
2067 |
the
communications services, information services, or Internet |
2068 |
services,
the expense must be shared by all participating parcel |
2069 |
owners.
The association may use the provisions of s. 720.3085 to |
2070 |
enforce
payment by the parcel owners receiving such services. |
2071 |
(c) A
resident of any parcel, whether a tenant or parcel |
2072 |
owner,
may not be denied access to available franchised, |
2073 |
licensed,
or certificated cable or video service providers if |
2074 |
the
resident pays the provider directly for services. A
resident |
2075 |
or
a cable or video service provider may not be required to
pay |
2076 |
anything
of value in order to obtain or provide such service |
2077 |
except
for the charges normally paid for like services by |
2078 |
residents
of single-family homes located outside the community |
2079 |
but
within the same franchised, licensed, or certificated
area, |
2080 |
and
except for installation charges agreed to between the |
2081 |
resident
and the service provider. |
2082 |
Section
22. This act shall take effect July 1, 2011. |