Florida Senate - 2009 SENATOR AMENDMENT Bill No. CS/CS/CS/HB 27, 2nd Eng. Barcode 921858 LEGISLATIVE ACTION Senate . House . . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— 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