Bill Text: FL S0056 | 2021 | Regular Session | Introduced


Bill Title: Community Association Assessment Notices

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2021-02-26 - On Committee agenda-- Community Affairs, 03/03/21, 9:30 am, 37 Senate Building [S0056 Detail]

Download: Florida-2021-S0056-Introduced.html
       Florida Senate - 2021                                      SB 56
       
       
        
       By Senator Rodriguez
       
       
       
       
       
       39-00390C-21                                            202156__
    1                        A bill to be entitled                      
    2         An act relating to community association assessment
    3         notices; amending s. 718.111, F.S.; requiring
    4         condominium associations to maintain specified
    5         affirmative acknowledgments as official records of the
    6         association; specifying that such acknowledgments are
    7         not accessible to unit owners; amending s. 718.116,
    8         F.S.; revising timeframes for foreclosure judgments;
    9         conforming provisions to changes made by the act;
   10         amending s. 718.121, F.S.; requiring condominium
   11         associations to deliver certain statements of account
   12         to unit owners in a specified manner; requiring
   13         condominium associations to give notice to unit owners
   14         before changing the method of delivery for the
   15         statements of account; providing requirements for the
   16         notice; requiring unit owners to affirmatively
   17         acknowledge the changes in delivery methods;
   18         prohibiting condominium associations from requiring
   19         the payment of attorney fees relating to past due
   20         assessments without first providing a specified notice
   21         to unit owners; providing requirements for the notice;
   22         revising the timeframe for condominium associations to
   23         file liens against condominium units; conforming
   24         provisions to changes made by the act; amending s.
   25         719.104, F.S.; requiring cooperative associations to
   26         maintain specified affirmative acknowledgments as
   27         official records of the association; specifying that
   28         such acknowledgments are not accessible to unit
   29         owners; amending s. 719.108, F.S.; requiring
   30         cooperative associations to deliver certain statements
   31         of account to unit owners in a specified manner;
   32         requiring cooperative associations to give notice to
   33         unit owners before changing the method of delivery for
   34         the statements of account; providing requirements for
   35         the notice; requiring unit owners to affirmatively
   36         acknowledge the changes in delivery methods;
   37         prohibiting cooperative associations from requiring
   38         the payment of attorney fees relating to past due
   39         assessments without first providing specified notice
   40         to unit owners; providing requirements for the notice;
   41         revising the timeframe for cooperative associations to
   42         file liens against cooperative parcels; conforming
   43         provisions to changes made by the act; amending s.
   44         720.303, F.S.; requiring homeowners’ associations to
   45         maintain specified affirmative acknowledgments as
   46         official records of the association; specifying that
   47         such acknowledgments are not accessible to parcel
   48         owners; amending s. 720.3085, F.S.; requiring
   49         homeowners’ associations to deliver certain statements
   50         of account to parcel owners in a specified manner;
   51         requiring homeowners’ associations to give notice to
   52         parcel owners before changing the method of delivery
   53         for the statements of account; providing requirements
   54         for the notice; requiring parcel owners to
   55         affirmatively acknowledge the changes in delivery
   56         methods; prohibiting homeowners’ associations from
   57         requiring the payment of attorney fees relating to
   58         past due assessments without first providing specified
   59         notice to parcel owners; providing requirements for
   60         the notice; providing an effective date.
   61          
   62  Be It Enacted by the Legislature of the State of Florida:
   63  
   64         Section 1. Paragraphs (a) and (c) of subsection (12) of
   65  section 718.111, Florida Statutes, are amended to read:
   66         718.111 The association.—
   67         (12) OFFICIAL RECORDS.—
   68         (a) From the inception of the association, the association
   69  shall maintain each of the following items, if applicable, which
   70  constitutes the official records of the association:
   71         1. A copy of the plans, permits, warranties, and other
   72  items provided by the developer pursuant to s. 718.301(4).
   73         2. A photocopy of the recorded declaration of condominium
   74  of each condominium operated by the association and each
   75  amendment to each declaration.
   76         3. A photocopy of the recorded bylaws of the association
   77  and each amendment to the bylaws.
   78         4. A certified copy of the articles of incorporation of the
   79  association, or other documents creating the association, and
   80  each amendment thereto.
   81         5. A copy of the current rules of the association.
   82         6. A book or books that contain the minutes of all meetings
   83  of the association, the board of administration, and the unit
   84  owners.
   85         7. A current roster of all unit owners and their mailing
   86  addresses, unit identifications, voting certifications, and, if
   87  known, telephone numbers. The association shall also maintain
   88  the e-mail addresses and facsimile numbers of unit owners
   89  consenting to receive notice by electronic transmission. The e
   90  mail addresses and facsimile numbers are not accessible to unit
   91  owners if consent to receive notice by electronic transmission
   92  is not provided in accordance with sub-subparagraph (c)3.e.
   93  However, the association is not liable for an inadvertent
   94  disclosure of the e-mail address or facsimile number for
   95  receiving electronic transmission of notices.
   96         8. All current insurance policies of the association and
   97  condominiums operated by the association.
   98         9. A current copy of any management agreement, lease, or
   99  other contract to which the association is a party or under
  100  which the association or the unit owners have an obligation or
  101  responsibility.
  102         10. Bills of sale or transfer for all property owned by the
  103  association.
  104         11. Accounting records for the association and separate
  105  accounting records for each condominium that the association
  106  operates. Any person who knowingly or intentionally defaces or
  107  destroys such records, or who knowingly or intentionally fails
  108  to create or maintain such records, with the intent of causing
  109  harm to the association or one or more of its members, is
  110  personally subject to a civil penalty pursuant to s.
  111  718.501(1)(d). The accounting records must include, but are not
  112  limited to:
  113         a. Accurate, itemized, and detailed records of all receipts
  114  and expenditures.
  115         b. A current account and a monthly, bimonthly, or quarterly
  116  statement of the account for each unit designating the name of
  117  the unit owner, the due date and amount of each assessment, the
  118  amount paid on the account, and the balance due.
  119         c. All audits, reviews, accounting statements, and
  120  financial reports of the association or condominium.
  121         d. All contracts for work to be performed. Bids for work to
  122  be performed are also considered official records and must be
  123  maintained by the association.
  124         12. Ballots, sign-in sheets, voting proxies, and all other
  125  papers and electronic records relating to voting by unit owners,
  126  which must be maintained for 1 year from the date of the
  127  election, vote, or meeting to which the document relates,
  128  notwithstanding paragraph (b).
  129         13. All rental records if the association is acting as
  130  agent for the rental of condominium units.
  131         14. A copy of the current question and answer sheet as
  132  described in s. 718.504.
  133         15. All other written records of the association not
  134  specifically included in the foregoing which are related to the
  135  operation of the association.
  136         16. A copy of the inspection report as described in s.
  137  718.301(4)(p).
  138         16.17. Bids for materials, equipment, or services.
  139         17.All affirmative acknowledgments made pursuant to s.
  140  718.121(4)(c).
  141         18. All other written records of the association not
  142  specifically included in the foregoing which are related to the
  143  operation of the association.
  144         (c)1. The official records of the association are open to
  145  inspection by any association member or the authorized
  146  representative of such member at all reasonable times. The right
  147  to inspect the records includes the right to make or obtain
  148  copies, at the reasonable expense, if any, of the member or
  149  authorized representative of such member. A renter of a unit has
  150  a right to inspect and copy the association’s bylaws and rules.
  151  The association may adopt reasonable rules regarding the
  152  frequency, time, location, notice, and manner of record
  153  inspections and copying. The failure of an association to
  154  provide the records within 10 working days after receipt of a
  155  written request creates a rebuttable presumption that the
  156  association willfully failed to comply with this paragraph. A
  157  unit owner who is denied access to official records is entitled
  158  to the actual damages or minimum damages for the association’s
  159  willful failure to comply. Minimum damages are $50 per calendar
  160  day for up to 10 days, beginning on the 11th working day after
  161  receipt of the written request. The failure to permit inspection
  162  entitles any person prevailing in an enforcement action to
  163  recover reasonable attorney fees from the person in control of
  164  the records who, directly or indirectly, knowingly denied access
  165  to the records.
  166         2. Any person who knowingly or intentionally defaces or
  167  destroys accounting records that are required by this chapter to
  168  be maintained during the period for which such records are
  169  required to be maintained, or who knowingly or intentionally
  170  fails to create or maintain accounting records that are required
  171  to be created or maintained, with the intent of causing harm to
  172  the association or one or more of its members, is personally
  173  subject to a civil penalty pursuant to s. 718.501(1)(d).
  174         3. The association shall maintain an adequate number of
  175  copies of the declaration, articles of incorporation, bylaws,
  176  and rules, and all amendments to each of the foregoing, as well
  177  as the question and answer sheet as described in s. 718.504 and
  178  year-end financial information required under this section, on
  179  the condominium property to ensure their availability to unit
  180  owners and prospective purchasers, and may charge its actual
  181  costs for preparing and furnishing these documents to those
  182  requesting the documents. An association shall allow a member or
  183  his or her authorized representative to use a portable device,
  184  including a smartphone, tablet, portable scanner, or any other
  185  technology capable of scanning or taking photographs, to make an
  186  electronic copy of the official records in lieu of the
  187  association’s providing the member or his or her authorized
  188  representative with a copy of such records. The association may
  189  not charge a member or his or her authorized representative for
  190  the use of a portable device. Notwithstanding this paragraph,
  191  the following records are not accessible to unit owners:
  192         a. Any record protected by the lawyer-client privilege as
  193  described in s. 90.502 and any record protected by the work
  194  product privilege, including a record prepared by an association
  195  attorney or prepared at the attorney’s express direction, which
  196  reflects a mental impression, conclusion, litigation strategy,
  197  or legal theory of the attorney or the association, and which
  198  was prepared exclusively for civil or criminal litigation or for
  199  adversarial administrative proceedings, or which was prepared in
  200  anticipation of such litigation or proceedings until the
  201  conclusion of the litigation or proceedings.
  202         b. Information obtained by an association in connection
  203  with the approval of the lease, sale, or other transfer of a
  204  unit.
  205         c. Personnel records of association or management company
  206  employees, including, but not limited to, disciplinary, payroll,
  207  health, and insurance records. For purposes of this sub
  208  subparagraph, the term “personnel records” does not include
  209  written employment agreements with an association employee or
  210  management company, or budgetary or financial records that
  211  indicate the compensation paid to an association employee.
  212         d. Medical records of unit owners.
  213         e. Social security numbers, driver license numbers, credit
  214  card numbers, e-mail addresses, telephone numbers, facsimile
  215  numbers, emergency contact information, addresses of a unit
  216  owner other than as provided to fulfill the association’s notice
  217  requirements, and other personal identifying information of any
  218  person, excluding the person’s name, unit designation, mailing
  219  address, property address, and any address, e-mail address, or
  220  facsimile number provided to the association to fulfill the
  221  association’s notice requirements. Notwithstanding the
  222  restrictions in this sub-subparagraph, an association may print
  223  and distribute to parcel owners a directory containing the name,
  224  parcel address, and all telephone numbers of each parcel owner.
  225  However, an owner may exclude his or her telephone numbers from
  226  the directory by so requesting in writing to the association. An
  227  owner may consent in writing to the disclosure of other contact
  228  information described in this sub-subparagraph. The association
  229  is not liable for the inadvertent disclosure of information that
  230  is protected under this sub-subparagraph if the information is
  231  included in an official record of the association and is
  232  voluntarily provided by an owner and not requested by the
  233  association.
  234         f. Electronic security measures that are used by the
  235  association to safeguard data, including passwords.
  236         g. The software and operating system used by the
  237  association which allow the manipulation of data, even if the
  238  owner owns a copy of the same software used by the association.
  239  The data is part of the official records of the association.
  240         h.All affirmative acknowledgments made pursuant to s.
  241  718.121(4)(c).
  242         Section 2. Paragraph (b) of subsection (6) of section
  243  718.116, Florida Statutes, is amended to read:
  244         718.116 Assessments; liability; lien and priority;
  245  interest; collection.—
  246         (6)
  247         (b) No foreclosure judgment may be entered until at least
  248  45 30 days after the association gives written notice to the
  249  unit owner of its intention to foreclose its lien to collect the
  250  unpaid assessments. The notice must be in substantially the
  251  following form:
  252  
  253                        DELINQUENT ASSESSMENT                      
  254  
  255         This letter is to inform you a Claim of Lien has been
  256         filed against your property because you have not paid
  257         the ...(type of assessment)... assessment to ...(name
  258         of association).... The association intends to
  259         foreclose the lien and collect the unpaid amount
  260         within 45 30 days of this letter being provided to
  261         you.
  262  
  263         You owe the interest accruing from ...(month/year)...
  264         to the present. As of the date of this letter, the
  265         total amount due with interest is $..... All costs of
  266         any action and interest from this day forward will
  267         also be charged to your account.
  268  
  269         Any questions concerning this matter should be
  270         directed to ...(insert name, addresses, and telephone
  271         numbers of association representative)....
  272  
  273  If this notice is not given at least 45 30 days before the
  274  foreclosure action is filed, and if the unpaid assessments,
  275  including those coming due after the claim of lien is recorded,
  276  are paid before the entry of a final judgment of foreclosure,
  277  the association shall not recover attorney attorney’s fees or
  278  costs. The notice must be given by delivery of a copy of it to
  279  the unit owner or by certified or registered mail, return
  280  receipt requested, addressed to the unit owner at his or her
  281  last known address; and, upon such mailing, the notice shall be
  282  deemed to have been given, and the court shall proceed with the
  283  foreclosure action and may award attorney attorney’s fees and
  284  costs as permitted by law. The notice requirements of this
  285  subsection are satisfied if the unit owner records a notice of
  286  contest of lien as provided in subsection (5). The notice
  287  requirements of this subsection do not apply if an action to
  288  foreclose a mortgage on the condominium unit is pending before
  289  any court; if the rights of the association would be affected by
  290  such foreclosure; and if actual, constructive, or substitute
  291  service of process has been made on the unit owner.
  292         Section 3. Subsection (4) of section 718.121, Florida
  293  Statutes, is amended, and subsections (5) and (6) are added to
  294  that section, to read:
  295         718.121 Liens.—
  296         (4)(a)The association must deliver a unit’s statement of
  297  the account described in s. 718.111(12)(a)11.b. to the unit
  298  owner by first-class United States mail or by electronic
  299  transmission to the unit owner’s e-mail address maintained in
  300  the association’s official records.
  301         (b)Before changing the method of delivery for the
  302  statement of the account, the association must deliver a written
  303  notice of such change to each unit owner. The written notice
  304  must be delivered to the unit owner at least 30 days before the
  305  association sends the statement of the account by the new
  306  delivery method. The notice must be sent by first-class United
  307  States mail to the unit owner at his or her last address as
  308  reflected in the association’s records and, if such address is
  309  not the unit address, must be sent by first-class United States
  310  mail to the unit address. Notice is deemed to have been given
  311  upon mailing as required by this paragraph.
  312         (c)A unit owner must affirmatively acknowledge his or her
  313  understanding that the association will change its method of
  314  delivery of the statement of the account before the association
  315  may change the method of delivering the statement of the
  316  account. The unit owner may make the affirmative acknowledgment
  317  electronically or in writing.
  318         (5)An association may not require payment of attorney fees
  319  related to a past due assessment without first delivering a
  320  written notice of late assessment to the unit owner which
  321  specifies the amount owed the association and provides the unit
  322  owner an opportunity to pay the amount owed without the
  323  assessment of attorney fees. The notice of late assessment must
  324  be sent by first-class United States mail to the unit owner at
  325  his or her last address as reflected in the association’s
  326  records and, if such address is not the unit address, must be
  327  sent by first-class United States mail to the unit address.
  328  Notice is deemed to have been given upon mailing as required by
  329  this subsection. The notice must be in substantially the
  330  following form:
  331  
  332                      NOTICE OF LATE ASSESSMENT                    
  333  
  334         RE: Unit .... of ...(name of association)...
  335  
  336         The following amounts are currently due on your
  337         account to ...(name of association)..., and must be
  338         paid within 30 days of the date of this letter. This
  339         letter shall serve as the association’s notice of its
  340         intent to proceed with further collection action
  341         against your property no sooner than 30 days of the
  342         date of this letter, unless you pay in full the
  343         amounts set forth below:
  344  
  345         Maintenance due ...(dates)...                      $.....
  346         Late fee, if applicable                            $.....
  347         Interest through ...(dates)...*                    $.....
  348         TOTAL OUTSTANDING                                  $.....
  349  
  350         *Interest accrues at the rate of .... percent per annum.
  351         (6) Except as otherwise provided in this chapter, no lien
  352  may be filed by the association against a condominium unit until
  353  45 30 days after the date on which a notice of intent to file a
  354  lien has been delivered to the owner by registered or certified
  355  mail, return receipt requested, and by first-class United States
  356  mail to the owner at his or her last address as reflected in the
  357  association’s records and, if such address is not the unit
  358  address, by first-class United States mail to the unit address
  359  of the association, if the address is within the United States,
  360  and delivered to the owner at the address of the unit if the
  361  owner’s address as reflected in the records of the association
  362  is not the unit address. If the address reflected in the records
  363  is outside the United States, sending the notice to that address
  364  and to the unit address by first-class United States mail is
  365  sufficient. Delivery of the notice shall be deemed given upon
  366  mailing as required by this subsection. The notice must be in
  367  substantially the following form:
  368  
  369                          NOTICE OF INTENT                         
  370                      TO RECORD A CLAIM OF LIEN                    
  371  
  372         RE: Unit .... of ...(name of association)...
  373  
  374         The following amounts are currently due on your
  375         account to ...(name of association)..., and must be
  376         paid within 45 30 days after your receipt of this
  377         letter. This letter shall serve as the association’s
  378         notice of intent to record a Claim of Lien against
  379         your property no sooner than 45 30 days after your
  380         receipt of this letter, unless you pay in full the
  381         amounts set forth below:
  382  
  383         Maintenance due ...(dates)...                      $.....
  384         Late fee, if applicable                            $.....
  385         Interest through ...(dates)...*                    $.....
  386         Certified mail charges                             $.....
  387         Other costs                                        $.....
  388         TOTAL OUTSTANDING                                  $.....
  389  
  390         *Interest accrues at the rate of .... percent per
  391         annum.
  392         Section 4. Paragraphs (a) and (c) of subsection (2) of
  393  section 719.104, Florida Statutes, are amended to read:
  394         719.104 Cooperatives; access to units; records; financial
  395  reports; assessments; purchase of leases.—
  396         (2) OFFICIAL RECORDS.—
  397         (a) From the inception of the association, the association
  398  shall maintain a copy of each of the following, where
  399  applicable, which shall constitute the official records of the
  400  association:
  401         1. The plans, permits, warranties, and other items provided
  402  by the developer pursuant to s. 719.301(4).
  403         2. A photocopy of the cooperative documents.
  404         3. A copy of the current rules of the association.
  405         4. A book or books containing the minutes of all meetings
  406  of the association, of the board of directors, and of the unit
  407  owners.
  408         5. A current roster of all unit owners and their mailing
  409  addresses, unit identifications, voting certifications, and, if
  410  known, telephone numbers. The association shall also maintain
  411  the e-mail addresses and the numbers designated by unit owners
  412  for receiving notice sent by electronic transmission of those
  413  unit owners consenting to receive notice by electronic
  414  transmission. The e-mail addresses and numbers provided by unit
  415  owners to receive notice by electronic transmission shall be
  416  removed from association records when consent to receive notice
  417  by electronic transmission is revoked. However, the association
  418  is not liable for an erroneous disclosure of the e-mail address
  419  or the number for receiving electronic transmission of notices.
  420         6. All current insurance policies of the association.
  421         7. A current copy of any management agreement, lease, or
  422  other contract to which the association is a party or under
  423  which the association or the unit owners have an obligation or
  424  responsibility.
  425         8. Bills of sale or transfer for all property owned by the
  426  association.
  427         9. Accounting records for the association and separate
  428  accounting records for each unit it operates, according to good
  429  accounting practices. The accounting records shall include, but
  430  not be limited to:
  431         a. Accurate, itemized, and detailed records of all receipts
  432  and expenditures.
  433         b. A current account and a monthly, bimonthly, or quarterly
  434  statement of the account for each unit designating the name of
  435  the unit owner, the due date and amount of each assessment, the
  436  amount paid upon the account, and the balance due.
  437         c. All audits, reviews, accounting statements, and
  438  financial reports of the association.
  439         d. All contracts for work to be performed. Bids for work to
  440  be performed shall also be considered official records and shall
  441  be maintained for a period of 1 year.
  442         10. Ballots, sign-in sheets, voting proxies, and all other
  443  papers and electronic records relating to voting by unit owners,
  444  which shall be maintained for a period of 1 year after the date
  445  of the election, vote, or meeting to which the document relates.
  446         11. All rental records where the association is acting as
  447  agent for the rental of units.
  448         12. A copy of the current question and answer sheet as
  449  described in s. 719.504.
  450         13. All affirmative acknowledgments made pursuant to s.
  451  719.108(3)(b)3.
  452         14. All other written records of the association not
  453  specifically included in the foregoing which are related to the
  454  operation of the association.
  455         (c) The official records of the association are open to
  456  inspection by any association member or the authorized
  457  representative of such member at all reasonable times. The right
  458  to inspect the records includes the right to make or obtain
  459  copies, at the reasonable expense, if any, of the association
  460  member. The association may adopt reasonable rules regarding the
  461  frequency, time, location, notice, and manner of record
  462  inspections and copying. The failure of an association to
  463  provide the records within 10 working days after receipt of a
  464  written request creates a rebuttable presumption that the
  465  association willfully failed to comply with this paragraph. A
  466  unit owner who is denied access to official records is entitled
  467  to the actual damages or minimum damages for the association’s
  468  willful failure to comply. The minimum damages are $50 per
  469  calendar day for up to 10 days, beginning on the 11th working
  470  day after receipt of the written request. The failure to permit
  471  inspection entitles any person prevailing in an enforcement
  472  action to recover reasonable attorney fees from the person in
  473  control of the records who, directly or indirectly, knowingly
  474  denied access to the records. Any person who knowingly or
  475  intentionally defaces or destroys accounting records that are
  476  required by this chapter to be maintained during the period for
  477  which such records are required to be maintained, or who
  478  knowingly or intentionally fails to create or maintain
  479  accounting records that are required to be created or
  480  maintained, with the intent of causing harm to the association
  481  or one or more of its members, is personally subject to a civil
  482  penalty pursuant to s. 719.501(1)(d). The association shall
  483  maintain an adequate number of copies of the declaration,
  484  articles of incorporation, bylaws, and rules, and all amendments
  485  to each of the foregoing, as well as the question and answer
  486  sheet as described in s. 719.504 and year-end financial
  487  information required by the department, on the cooperative
  488  property to ensure their availability to unit owners and
  489  prospective purchasers, and may charge its actual costs for
  490  preparing and furnishing these documents to those requesting the
  491  same. An association shall allow a member or his or her
  492  authorized representative to use a portable device, including a
  493  smartphone, tablet, portable scanner, or any other technology
  494  capable of scanning or taking photographs, to make an electronic
  495  copy of the official records in lieu of the association
  496  providing the member or his or her authorized representative
  497  with a copy of such records. The association may not charge a
  498  member or his or her authorized representative for the use of a
  499  portable device. Notwithstanding this paragraph, the following
  500  records shall not be accessible to unit owners:
  501         1. Any record protected by the lawyer-client privilege as
  502  described in s. 90.502 and any record protected by the work
  503  product privilege, including any record prepared by an
  504  association attorney or prepared at the attorney’s express
  505  direction which reflects a mental impression, conclusion,
  506  litigation strategy, or legal theory of the attorney or the
  507  association, and which was prepared exclusively for civil or
  508  criminal litigation or for adversarial administrative
  509  proceedings, or which was prepared in anticipation of such
  510  litigation or proceedings until the conclusion of the litigation
  511  or proceedings.
  512         2. Information obtained by an association in connection
  513  with the approval of the lease, sale, or other transfer of a
  514  unit.
  515         3. Personnel records of association or management company
  516  employees, including, but not limited to, disciplinary, payroll,
  517  health, and insurance records. For purposes of this
  518  subparagraph, the term “personnel records” does not include
  519  written employment agreements with an association employee or
  520  management company, or budgetary or financial records that
  521  indicate the compensation paid to an association employee.
  522         4. Medical records of unit owners.
  523         5. Social security numbers, driver license numbers, credit
  524  card numbers, e-mail addresses, telephone numbers, facsimile
  525  numbers, emergency contact information, addresses of a unit
  526  owner other than as provided to fulfill the association’s notice
  527  requirements, and other personal identifying information of any
  528  person, excluding the person’s name, unit designation, mailing
  529  address, property address, and any address, e-mail address, or
  530  facsimile number provided to the association to fulfill the
  531  association’s notice requirements. Notwithstanding the
  532  restrictions in this subparagraph, an association may print and
  533  distribute to unit parcel owners a directory containing the
  534  name, unit parcel address, and all telephone numbers of each
  535  unit parcel owner. However, an owner may exclude his or her
  536  telephone numbers from the directory by so requesting in writing
  537  to the association. An owner may consent in writing to the
  538  disclosure of other contact information described in this
  539  subparagraph. The association is not liable for the inadvertent
  540  disclosure of information that is protected under this
  541  subparagraph if the information is included in an official
  542  record of the association and is voluntarily provided by an
  543  owner and not requested by the association.
  544         6. Electronic security measures that are used by the
  545  association to safeguard data, including passwords.
  546         7. The software and operating system used by the
  547  association which allow the manipulation of data, even if the
  548  owner owns a copy of the same software used by the association.
  549  The data is part of the official records of the association.
  550         8.All affirmative acknowledgments made pursuant to s.
  551  719.108(3)(b)3.
  552         Section 5. Subsections (3) and (4) of section 719.108,
  553  Florida Statutes, are amended to read:
  554         719.108 Rents and assessments; liability; lien and
  555  priority; interest; collection; cooperative ownership.—
  556         (3)(a) Rents and assessments, and installments on them, not
  557  paid when due bear interest at the rate provided in the
  558  cooperative documents from the date due until paid. This rate
  559  may not exceed the rate allowed by law and, if a rate is not
  560  provided in the cooperative documents, accrues at 18 percent per
  561  annum. If the cooperative documents or bylaws so provide, the
  562  association may charge an administrative late fee in addition to
  563  such interest, not to exceed the greater of $25 or 5 percent of
  564  each installment of the assessment for each delinquent
  565  installment that the payment is late. Any payment received by an
  566  association must be applied first to any interest accrued by the
  567  association, then to any administrative late fee, then to any
  568  costs and reasonable attorney fees incurred in collection, and
  569  then to the delinquent assessment. The foregoing applies
  570  notwithstanding s. 673.3111, any purported accord and
  571  satisfaction, or any restrictive endorsement, designation, or
  572  instruction placed on or accompanying a payment. The preceding
  573  sentence is intended to clarify existing law. A late fee is not
  574  subject to chapter 687 or s. 719.303(4).
  575         (b)1.The association must deliver a unit’s statement of
  576  the account described in s. 719.104(2)(a)9.b. to the unit owner
  577  by first-class United States mail or by electronic transmission
  578  to the unit owner’s e-mail address maintained in the
  579  association’s official records.
  580         2. Before changing the method of delivery for the statement
  581  of the account, the association must deliver a written notice of
  582  such change to each unit owner. The written notice must be
  583  delivered to the unit owner at least 30 days before the
  584  association sends the statement of the account by the new
  585  delivery method. The notice must be sent by first-class United
  586  States mail to the unit owner at his or her last address as
  587  reflected in the association’s records and, if such address is
  588  not the unit address, must be sent by first-class United States
  589  mail to the unit address. Notice is deemed to have been given
  590  upon mailing as required by this subparagraph.
  591         3. A unit owner must affirmatively acknowledge his or her
  592  understanding that the association will change its method of
  593  delivery of the statement of the account before the association
  594  may change the method of delivering the statement of the
  595  account. The unit owner may make the affirmative acknowledgment
  596  electronically or in writing.
  597         (c) An association may not require payment of attorney fees
  598  related to a past due assessment without first delivering a
  599  written notice of late assessment to the owner which specifies
  600  the amount owed the association and provides the unit owner an
  601  opportunity to pay the amount owed without the assessment of
  602  attorney fees. The notice of late assessment must be sent by
  603  first-class United States mail to the unit owner at his or her
  604  last address as reflected in the association’s records and, if
  605  such address is not the unit address, must be sent by first
  606  class United States mail to the unit address. Notice is deemed
  607  to have been given upon mailing as required by this paragraph.
  608  The notice must be in substantially the following form:
  609  
  610                      NOTICE OF LATE ASSESSMENT                    
  611  
  612         RE: Unit .... of ...(name of association)...
  613  
  614         The following amounts are currently due on your
  615         account to ...(name of association)..., and must be
  616         paid within 30 days of the date of this letter. This
  617         letter shall serve as the association’s notice to
  618         proceed with further collection action against your
  619         property no sooner than 30 days of the date of this
  620         letter, unless you pay in full the amounts set forth
  621         below:
  622  
  623         Maintenance due ...(dates)...                      $.....
  624         Late fee, if applicable                            $.....
  625         Interest through ...(dates)...*                    $.....
  626         TOTAL OUTSTANDING                                  $.....
  627  
  628         *Interest accrues at the rate of .... percent per annum.
  629         (4) The association has a lien on each cooperative parcel
  630  for any unpaid rents and assessments, plus interest, and any
  631  administrative late fees. If authorized by the cooperative
  632  documents, the lien also secures reasonable attorney fees
  633  incurred by the association incident to the collection of the
  634  rents and assessments or enforcement of such lien. The lien is
  635  effective from and after recording a claim of lien in the public
  636  records in the county in which the cooperative parcel is located
  637  which states the description of the cooperative parcel, the name
  638  of the unit owner, the amount due, and the due dates. Except as
  639  otherwise provided in this chapter, a lien may not be filed by
  640  the association against a cooperative parcel until 45 30 days
  641  after the date on which a notice of intent to file a lien has
  642  been delivered to the owner.
  643         (a) The notice must be sent to the unit owner at the
  644  address of the unit by first-class United States mail, and the
  645  notice must be in substantially the following form:
  646  
  647                          NOTICE OF INTENT                         
  648                      TO RECORD A CLAIM OF LIEN                    
  649  
  650         RE: Unit ...(unit number)... of ...(name of
  651         cooperative)...
  652  
  653         The following amounts are currently due on your
  654         account to ...(name of association)..., and must be
  655         paid within 45 30 days after your receipt of this
  656         letter. This letter shall serve as the association’s
  657         notice of intent to record a Claim of Lien against
  658         your property no sooner than 45 30 days after your
  659         receipt of this letter, unless you pay in full the
  660         amounts set forth below:
  661  
  662         Maintenance due ...(dates)...                      $.....
  663         Late fee, if applicable                            $.....
  664         Interest through ...(dates)...*                    $.....
  665         Certified mail charges                             $.....
  666         Other costs                                        $.....
  667         TOTAL OUTSTANDING                                  $.....
  668  
  669         *Interest accrues at the rate of .... percent per
  670         annum.
  671         1. If the most recent address of the unit owner on the
  672  records of the association is the address of the unit, the
  673  notice must be sent by certified mail, return receipt requested,
  674  to the unit owner at the address of the unit.
  675         2. If the most recent address of the unit owner on the
  676  records of the association is in the United States, but is not
  677  the address of the unit, the notice must be sent by certified
  678  mail, return receipt requested, to the unit owner at his or her
  679  most recent address.
  680         3. If the most recent address of the unit owner on the
  681  records of the association is not in the United States, the
  682  notice must be sent by first-class United States mail to the
  683  unit owner at his or her most recent address.
  684         (b) A notice that is sent pursuant to this subsection is
  685  deemed delivered upon mailing. A claim of lien must be executed
  686  and acknowledged by an officer or authorized agent of the
  687  association. The lien is not effective 1 year after the claim of
  688  lien was recorded unless, within that time, an action to enforce
  689  the lien is commenced. The 1-year period is automatically
  690  extended for any length of time during which the association is
  691  prevented from filing a foreclosure action by an automatic stay
  692  resulting from a bankruptcy petition filed by the parcel owner
  693  or any other person claiming an interest in the parcel. The
  694  claim of lien secures all unpaid rents and assessments that are
  695  due and that may accrue after the claim of lien is recorded and
  696  through the entry of a final judgment, as well as interest and
  697  all reasonable costs and attorney fees incurred by the
  698  association incident to the collection process. Upon payment in
  699  full, the person making the payment is entitled to a
  700  satisfaction of the lien.
  701         (c) By recording a notice in substantially the following
  702  form, a unit owner or the unit owner’s agent or attorney may
  703  require the association to enforce a recorded claim of lien
  704  against his or her cooperative parcel:
  705  
  706                      NOTICE OF CONTEST OF LIEN                    
  707  
  708         TO: ...(Name and address of association)...:
  709  
  710         You are notified that the undersigned contests the
  711         claim of lien filed by you on ...., ...(year)..., and
  712         recorded in Official Records Book .... at Page ....,
  713         of the public records of .... County, Florida, and
  714         that the time within which you may file suit to
  715         enforce your lien is limited to 90 days from the date
  716         of service of this notice. Executed this .... day of
  717         ...., ...(year)....
  718         Signed: ...(Owner or Attorney)...
  719  
  720  After notice of contest of lien has been recorded, the clerk of
  721  the circuit court shall mail a copy of the recorded notice to
  722  the association by certified mail, return receipt requested, at
  723  the address shown in the claim of lien or most recent amendment
  724  to it and shall certify to the service on the face of the
  725  notice. Service is complete upon mailing. After service, the
  726  association has 90 days in which to file an action to enforce
  727  the lien. If the action is not filed within the 90-day period,
  728  the lien is void. However, the 90-day period shall be extended
  729  for any length of time during which the association is prevented
  730  from filing its action because of an automatic stay resulting
  731  from the filing of a bankruptcy petition by the unit owner or by
  732  any other person claiming an interest in the parcel.
  733         (d) A release of lien must be in substantially the
  734  following form:
  735  
  736                           RELEASE OF LIEN                         
  737  
  738  The undersigned lienor, in consideration of the final payment in
  739  the amount of $...., hereby waives and releases its lien and
  740  right to claim a lien for unpaid assessments through ....,
  741  ...(year)..., recorded in the Official Records Book .... at Page
  742  ...., of the public records of .... County, Florida, for the
  743  following described real property:
  744  
  745         THAT COOPERATIVE PARCEL WHICH INCLUDES UNIT NO. ....
  746         OF ...(NAME OF COOPERATIVE)..., A COOPERATIVE AS SET
  747         FORTH IN THE COOPERATIVE DOCUMENTS AND THE EXHIBITS
  748         ANNEXED THERETO AND FORMING A PART THEREOF, RECORDED
  749         IN OFFICIAL RECORDS BOOK ...., PAGE ...., OF THE
  750         PUBLIC RECORDS OF .... COUNTY, FLORIDA.
  751  
  752  ...(Signature of Authorized Agent)...           ...(Signature of
  753  Witness)...
  754  ...(Print Name)...                            ...(Print Name)...
  755  
  756  ...(Signature of Witness)...
  757  ...(Print Name)...
  758  
  759  Sworn to (or affirmed) and subscribed before me this .... day of
  760  ...., ...(year)..., by ...(name of person making statement)....
  761  ...(Signature of Notary Public)...
  762  ...(Print, type, or stamp commissioned name of Notary Public)...
  763  Personally Known .... OR Produced .... as identification.
  764         Section 6. Present paragraph (l) of subsection (4) of
  765  section 720.303, Florida Statutes, is redesignated as paragraph
  766  (m), a new paragraph (l) is added to that subsection, and
  767  paragraph (c) of subsection (5) of that section is amended, to
  768  read:
  769         720.303 Association powers and duties; meetings of board;
  770  official records; budgets; financial reporting; association
  771  funds; recalls.—
  772         (4) OFFICIAL RECORDS.—The association shall maintain each
  773  of the following items, when applicable, which constitute the
  774  official records of the association:
  775         (l) All affirmative acknowledgments made pursuant to s.
  776  720.3085(3)(c)3.
  777         (5) INSPECTION AND COPYING OF RECORDS.—The official records
  778  shall be maintained within the state for at least 7 years and
  779  shall be made available to a parcel owner for inspection or
  780  photocopying within 45 miles of the community or within the
  781  county in which the association is located within 10 business
  782  days after receipt by the board or its designee of a written
  783  request. This subsection may be complied with by having a copy
  784  of the official records available for inspection or copying in
  785  the community or, at the option of the association, by making
  786  the records available to a parcel owner electronically via the
  787  Internet or by allowing the records to be viewed in electronic
  788  format on a computer screen and printed upon request. If the
  789  association has a photocopy machine available where the records
  790  are maintained, it must provide parcel owners with copies on
  791  request during the inspection if the entire request is limited
  792  to no more than 25 pages. An association shall allow a member or
  793  his or her authorized representative to use a portable device,
  794  including a smartphone, tablet, portable scanner, or any other
  795  technology capable of scanning or taking photographs, to make an
  796  electronic copy of the official records in lieu of the
  797  association’s providing the member or his or her authorized
  798  representative with a copy of such records. The association may
  799  not charge a fee to a member or his or her authorized
  800  representative for the use of a portable device.
  801         (c) The association may adopt reasonable written rules
  802  governing the frequency, time, location, notice, records to be
  803  inspected, and manner of inspections, but may not require a
  804  parcel owner to demonstrate any proper purpose for the
  805  inspection, state any reason for the inspection, or limit a
  806  parcel owner’s right to inspect records to less than one 8-hour
  807  business day per month. The association may impose fees to cover
  808  the costs of providing copies of the official records, including
  809  the costs of copying and the costs required for personnel to
  810  retrieve and copy the records if the time spent retrieving and
  811  copying the records exceeds one-half hour and if the personnel
  812  costs do not exceed $20 per hour. Personnel costs may not be
  813  charged for records requests that result in the copying of 25 or
  814  fewer pages. The association may charge up to 25 cents per page
  815  for copies made on the association’s photocopier. If the
  816  association does not have a photocopy machine available where
  817  the records are kept, or if the records requested to be copied
  818  exceed 25 pages in length, the association may have copies made
  819  by an outside duplicating service and may charge the actual cost
  820  of copying, as supported by the vendor invoice. The association
  821  shall maintain an adequate number of copies of the recorded
  822  governing documents, to ensure their availability to members and
  823  prospective members. Notwithstanding this paragraph, the
  824  following records are not accessible to members or parcel
  825  owners:
  826         1. Any record protected by the lawyer-client privilege as
  827  described in s. 90.502 and any record protected by the work
  828  product privilege, including, but not limited to, a record
  829  prepared by an association attorney or prepared at the
  830  attorney’s express direction which reflects a mental impression,
  831  conclusion, litigation strategy, or legal theory of the attorney
  832  or the association and which was prepared exclusively for civil
  833  or criminal litigation or for adversarial administrative
  834  proceedings or which was prepared in anticipation of such
  835  litigation or proceedings until the conclusion of the litigation
  836  or proceedings.
  837         2. Information obtained by an association in connection
  838  with the approval of the lease, sale, or other transfer of a
  839  parcel.
  840         3. Personnel records of association or management company
  841  employees, including, but not limited to, disciplinary, payroll,
  842  health, and insurance records. For purposes of this
  843  subparagraph, the term “personnel records” does not include
  844  written employment agreements with an association or management
  845  company employee or budgetary or financial records that indicate
  846  the compensation paid to an association or management company
  847  employee.
  848         4. Medical records of parcel owners or community residents.
  849         5. Social security numbers, driver license numbers, credit
  850  card numbers, electronic mailing addresses, telephone numbers,
  851  facsimile numbers, emergency contact information, any addresses
  852  for a parcel owner other than as provided for association notice
  853  requirements, and other personal identifying information of any
  854  person, excluding the person’s name, parcel designation, mailing
  855  address, and property address. Notwithstanding the restrictions
  856  in this subparagraph, an association may print and distribute to
  857  parcel owners a directory containing the name, parcel address,
  858  and all telephone numbers of each parcel owner. However, an
  859  owner may exclude his or her telephone numbers from the
  860  directory by so requesting in writing to the association. An
  861  owner may consent in writing to the disclosure of other contact
  862  information described in this subparagraph. The association is
  863  not liable for the disclosure of information that is protected
  864  under this subparagraph if the information is included in an
  865  official record of the association and is voluntarily provided
  866  by an owner and not requested by the association.
  867         6. Any electronic security measure that is used by the
  868  association to safeguard data, including passwords.
  869         7. The software and operating system used by the
  870  association which allows the manipulation of data, even if the
  871  owner owns a copy of the same software used by the association.
  872  The data is part of the official records of the association.
  873         8.All affirmative acknowledgments made pursuant to s.
  874  720.3085(3)(c)3.
  875         Section 7. Paragraphs (c) and (d) are added to subsection
  876  (3) of section 720.3085, Florida Statutes, to read:
  877         720.3085 Payment for assessments; lien claims.—
  878         (3) Assessments and installments on assessments that are
  879  not paid when due bear interest from the due date until paid at
  880  the rate provided in the declaration of covenants or the bylaws
  881  of the association, which rate may not exceed the rate allowed
  882  by law. If no rate is provided in the declaration or bylaws,
  883  interest accrues at the rate of 18 percent per year.
  884         (c)1. The association must deliver a parcel owner’s
  885  periodic statement of the account described in s.
  886  720.303(4)(j)2. to the parcel owner by first-class United States
  887  mail or by electronic transmission to the parcel owner’s e-mail
  888  address maintained in the association’s official records.
  889         2. Before changing the method of delivery for the statement
  890  of the account, the association must deliver a written notice
  891  such change to each parcel owner. The written notice must be
  892  delivered to the parcel owner at least 30 days before the
  893  association sends the statement of the account by the new
  894  delivery method. The notice must be sent by first-class United
  895  States mail to the owner at his or her last address as reflected
  896  in the association’s records and, if such address is not the
  897  parcel address, must be sent by first-class United States mail
  898  to the parcel address. Notice is deemed to have been given upon
  899  mailing as required by this subparagraph.
  900         3. A parcel owner must affirmatively acknowledge his or her
  901  understanding that the association will change its method of
  902  delivery of the statement of the account before the association
  903  may change the method of delivering the statement of the
  904  account. The parcel owner may make the affirmative
  905  acknowledgment electronically or in writing.
  906         (d) An association may not require payment of attorney fees
  907  related to a past due assessment without first delivering a
  908  written notice of late assessment to the parcel owner which
  909  specifies the amount owed the association and provides the
  910  parcel owner an opportunity to pay the amount owed without the
  911  assessment of attorney fees. The notice of late assessment must
  912  be sent by first-class United States mail to the owner at his or
  913  her last address as reflected in the association’s records and,
  914  if such address is not the parcel address, must be sent by
  915  first-class United States mail to the parcel address. Notice is
  916  deemed to have been given upon mailing as required by this
  917  paragraph. The notice must be in substantially the following
  918  form:
  919  
  920                      NOTICE OF LATE ASSESSMENT                    
  921  
  922         RE: Parcel .... of ...(name of association)...
  923  
  924         The following amounts are currently due on your
  925         account to ...(name of association)..., and must be
  926         paid within 30 days after the date of this letter.
  927         This letter shall serve as the association’s notice to
  928         proceed with further collection action against your
  929         property no sooner than 30 days after the date of this
  930         letter, unless you pay in full the amounts set forth
  931         below:
  932  
  933         Maintenance due ...(dates)...                      $.....
  934         Late fee, if applicable                            $.....
  935         Interest through ...(dates)...*                    $.....
  936         TOTAL OUTSTANDING                                  $.....
  937  
  938         *Interest accrues at the rate of .... percent per annum.
  939         Section 8. This act shall take effect July 1, 2021.

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