Florida Senate - 2009                          SENATOR AMENDMENT
       Bill No. CS/CS/CS/HB 27, 2nd Eng.
       
       
       
       
       
       
                                Barcode 921858                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       Senator Garcia moved the following:
       
    1         Senate Amendment to Amendment (927562) (with title
    2  amendment)
    3  
    4         Delete lines 292 - 297
    5  and insert:
    6         Section 4. Paragraphs (c), (d), (n), and (o) of subsection
    7  (2) of section 718.112, Florida Statutes, are amended to read:
    8         718.112 Bylaws.—
    9         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
   10  following and, if they do not do so, shall be deemed to include
   11  the following:
   12         (c) Board of administration meetings.—Meetings of the board
   13  of administration at which a quorum of the members is present
   14  shall be open to all unit owners. Any unit owner may tape record
   15  or videotape meetings of the board of administration. The right
   16  to attend such meetings includes the right to speak at such
   17  meetings with reference to all designated agenda items. The
   18  division shall adopt reasonable rules governing the tape
   19  recording and videotaping of the meeting. The association may
   20  adopt written reasonable rules governing the frequency,
   21  duration, and manner of unit owner statements. Adequate notice
   22  of all meetings, which notice shall specifically incorporate an
   23  identification of agenda items, shall be posted conspicuously on
   24  the condominium property at least 48 continuous hours preceding
   25  the meeting except in an emergency. If 20 percent of the voting
   26  interests petition the board to address an item of business, the
   27  board shall at its next regular board meeting or at a special
   28  meeting of the board, but not later than 60 days after the
   29  receipt of the petition, place the item on the agenda. Any item
   30  not included on the notice may be taken up on an emergency basis
   31  by at least a majority plus one of the members of the board.
   32  Such emergency action shall be noticed and ratified at the next
   33  regular meeting of the board. However, written notice of any
   34  meeting at which nonemergency special assessments, or at which
   35  amendment to rules regarding unit use, will be considered shall
   36  be mailed, delivered, or electronically transmitted to the unit
   37  owners and posted conspicuously on the condominium property not
   38  less than 14 days prior to the meeting. Evidence of compliance
   39  with this 14-day notice shall be made by an affidavit executed
   40  by the person providing the notice and filed among the official
   41  records of the association. Upon notice to the unit owners, the
   42  board shall by duly adopted rule designate a specific location
   43  on the condominium property or association property upon which
   44  all notices of board meetings shall be posted. If there is no
   45  condominium property or association property upon which notices
   46  can be posted, notices of board meetings shall be mailed,
   47  delivered, or electronically transmitted at least 14 days before
   48  the meeting to the owner of each unit. In lieu of or in addition
   49  to the physical posting of notice of any meeting of the board of
   50  administration on the condominium property, the association may,
   51  by reasonable rule, adopt a procedure for conspicuously posting
   52  and repeatedly broadcasting the notice and the agenda on a
   53  closed-circuit cable television system serving the condominium
   54  association. However, if broadcast notice is used in lieu of a
   55  notice posted physically on the condominium property, the notice
   56  and agenda must be broadcast at least four times every broadcast
   57  hour of each day that a posted notice is otherwise required
   58  under this section. When broadcast notice is provided, the
   59  notice and agenda must be broadcast in a manner and for a
   60  sufficient continuous length of time so as to allow an average
   61  reader to observe the notice and read and comprehend the entire
   62  content of the notice and the agenda. Notice of any meeting in
   63  which regular or special assessments against unit owners are to
   64  be considered for any reason shall specifically state that
   65  assessments will be considered and the nature of the
   66  assessments, the actual amount of any bids or proposals for
   67  estimated cost, and a description of the purposes for such
   68  assessments. Meetings of a committee to take final action on
   69  behalf of the board or make recommendations to the board
   70  regarding the association budget are subject to the provisions
   71  of this paragraph. Meetings of a committee that does not take
   72  final action on behalf of the board or make recommendations to
   73  the board regarding the association budget are subject to the
   74  provisions of this section, unless those meetings are exempted
   75  from this section by the bylaws of the association.
   76  Notwithstanding any other law, the requirement that board
   77  meetings and committee meetings be open to the unit owners is
   78  inapplicable to meetings between the board or a committee and
   79  the association’s attorney, with respect to proposed or pending
   80  litigation, when the meeting is held for the purpose of seeking
   81  or rendering legal advice.
   82  
   83  ================= T I T L E  A M E N D M E N T ================
   84         And the title is amended as follows:
   85         Delete line 1855
   86  and insert:
   87         standards; amending s. 718.112, F.S.; revising notice
   88         requirements for board of administration meetings;
   89         revising