Bill Text: FL H1195 | 2011 | Regular Session | Engrossed

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Bill Title: Condominium/Cooperative/Homeowners' Associations

Spectrum: Bipartisan Bill

Status: (Engrossed - Dead) 2011-05-03 - Ordered enrolled -HJ 1103 [H1195 Detail]

Download: Florida-2011-H1195-Engrossed.html

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CS/CS/CS/HB 1195

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.

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