Bill Text: FL S0056 | 2021 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Community Association Assessment Notices
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2021-06-17 - Chapter No. 2021-91, companion bill(s) passed, see CS/CS/SB 630 (Ch. 2021-99) [S0056 Detail]
Download: Florida-2021-S0056-Introduced.html
Bill Title: Community Association Assessment Notices
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2021-06-17 - Chapter No. 2021-91, companion bill(s) passed, see CS/CS/SB 630 (Ch. 2021-99) [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 not134specifically included in the foregoing which are related to the135operation of the association.13616.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 4530days 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 4530days 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 4530days 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 attorneyattorney’sfees 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 attorneyattorney’sfees 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 4530days 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,andby 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 359of the association,if the address is within the United States,360anddelivered to the owner at the address of the unit if the361owner’s address as reflected in the records of the association362is not the unit address. If the address reflected in the records363is outside the United States, sending the notice to that address364and to the unit address by first-class United States mail is365sufficient. 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 4530days 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 4530days 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 unitparcelowners a directory containing the 534 name, unitparceladdress, and all telephone numbers of each 535 unitparcelowner. 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 4530days 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 4530days 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 4530days 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.