Florida Senate - 2009                        COMMITTEE AMENDMENT
       Bill No. CS for SB 880
       
       
       
       
       
       
                                Barcode 793346                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/21/2009           .                                
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       The Committee on Judiciary (Ring) recommended the following:
       
    1         Senate Amendment to Amendment (397448) (with directory and
    2  title amendments)
    3  
    4         Between lines 299 and 300
    5  insert:
    6         (d) Unit owner meetings.—
    7         1. There shall be an annual meeting of the unit owners held
    8  at the location provided in the association bylaws and, if the
    9  bylaws are silent as to the location, the meeting shall be held
   10  within 45 miles of the condominium property. However, such
   11  distance requirement does not apply to an association governing
   12  a timeshare condominium. Unless the bylaws provide otherwise, a
   13  vacancy on the board caused by the expiration of a director’s
   14  term shall be filled by electing a new board member, and the
   15  election shall be by secret ballot; however, if the number of
   16  vacancies equals or exceeds the number of candidates, no
   17  election is required. The terms of all members of the board
   18  shall expire at the annual meeting and such board members may
   19  stand for reelection unless otherwise permitted by the bylaws.
   20  In the event that the bylaws permit staggered terms of no more
   21  than 2 years and upon approval of a majority of the total voting
   22  interests, the association board members may serve 2-year
   23  staggered terms. If the number no person is interested in or
   24  demonstrates an intention to run for the position of a board
   25  members member whose terms have term has expired according to
   26  the provisions of this subparagraph exceeds the number of
   27  eligible members showing interest in or demonstrating an
   28  intention to run for the vacant positions, each such board
   29  member whose term has expired shall become eligible for
   30  reappointment be automatically reappointed to the board of
   31  administration and need not stand for reelection. In a
   32  condominium association of more than 10 units, coowners of a
   33  unit may not serve as members of the board of directors at the
   34  same time unless they own more than one unit and are not co
   35  occupants of a unit or unless there are not enough owners to
   36  fill the vacancies on the board. Any unit owner desiring to be a
   37  candidate for board membership shall comply with sub
   38  subparagraph subparagraph 3.a. A person who has been suspended
   39  or removed by the division under this chapter, or who is
   40  delinquent in the payment of any fee, fine, or special or
   41  regular assessment as provided in paragraph (n), is not eligible
   42  for board membership. A person who has been convicted of any
   43  felony in this state or in a United States District or
   44  Territorial Court, or who has been convicted of any offense in
   45  another jurisdiction that would be considered a felony if
   46  committed in this state, is not eligible for board membership
   47  unless such felon’s civil rights have been restored for a period
   48  of no less than 5 years as of the date on which such person
   49  seeks election to the board. The validity of an action by the
   50  board is not affected if it is later determined that a member of
   51  the board is ineligible for board membership due to having been
   52  convicted of a felony.
   53         2. The bylaws shall provide the method of calling meetings
   54  of unit owners, including annual meetings. Written notice, which
   55  notice must include an agenda, shall be mailed, hand delivered,
   56  or electronically transmitted to each unit owner at least 14
   57  days prior to the annual meeting and shall be posted in a
   58  conspicuous place on the condominium property at least 14
   59  continuous days preceding the annual meeting. Upon notice to the
   60  unit owners, the board shall by duly adopted rule designate a
   61  specific location on the condominium property or association
   62  property upon which all notices of unit owner meetings shall be
   63  posted; however, if there is no condominium property or
   64  association property upon which notices can be posted, this
   65  requirement does not apply. In lieu of or in addition to the
   66  physical posting of notice of any meeting of the unit owners on
   67  the condominium property, the association may, by reasonable
   68  rule, adopt a procedure for conspicuously posting and repeatedly
   69  broadcasting the notice and the agenda on a closed-circuit cable
   70  television system serving the condominium association. However,
   71  if broadcast notice is used in lieu of a notice posted
   72  physically on the condominium property, the notice and agenda
   73  must be broadcast at least four times every broadcast hour of
   74  each day that a posted notice is otherwise required under this
   75  section. When broadcast notice is provided, the notice and
   76  agenda must be broadcast in a manner and for a sufficient
   77  continuous length of time so as to allow an average reader to
   78  observe the notice and read and comprehend the entire content of
   79  the notice and the agenda. Unless a unit owner waives in writing
   80  the right to receive notice of the annual meeting, such notice
   81  shall be hand delivered, mailed, or electronically transmitted
   82  to each unit owner. Notice for meetings and notice for all other
   83  purposes shall be mailed to each unit owner at the address last
   84  furnished to the association by the unit owner, or hand
   85  delivered to each unit owner. However, if a unit is owned by
   86  more than one person, the association shall provide notice, for
   87  meetings and all other purposes, to that one address which the
   88  developer initially identifies for that purpose and thereafter
   89  as one or more of the owners of the unit shall so advise the
   90  association in writing, or if no address is given or the owners
   91  of the unit do not agree, to the address provided on the deed of
   92  record. An officer of the association, or the manager or other
   93  person providing notice of the association meeting, shall
   94  provide an affidavit or United States Postal Service certificate
   95  of mailing, to be included in the official records of the
   96  association affirming that the notice was mailed or hand
   97  delivered, in accordance with this provision.
   98         3.a. The members of the board shall be elected by written
   99  ballot or voting machine. Proxies shall in no event be used in
  100  electing the board, either in general elections or elections to
  101  fill vacancies caused by recall, resignation, or otherwise,
  102  unless otherwise provided in this chapter. Not less than 60 days
  103  before a scheduled election, the association shall mail,
  104  deliver, or electronically transmit, whether by separate
  105  association mailing or included in another association mailing,
  106  delivery, or transmission, including regularly published
  107  newsletters, to each unit owner entitled to a vote, a first
  108  notice of the date of the election along with a certification
  109  form provided by the division attesting that he or she has read
  110  and understands, to the best of his or her ability, the
  111  governing documents of the association and the provisions of
  112  this chapter and any applicable rules. Any unit owner or other
  113  eligible person desiring to be a candidate for the board must
  114  give written notice of his or her intent to be a candidate to
  115  the association not less than 40 days before a scheduled
  116  election. Together with the written notice and agenda as set
  117  forth in subparagraph 2., the association shall mail, deliver,
  118  or electronically transmit a second notice of the election to
  119  all unit owners entitled to vote therein, together with a ballot
  120  which shall list all candidates. Upon request of a candidate,
  121  the association shall include an information sheet, no larger
  122  than 8 1/2 inches by 11 inches, which must be furnished by the
  123  candidate not less than 35 days before the election, shall along
  124  with the signed certification form provided for in this
  125  subparagraph, to be included with the mailing, delivery, or
  126  transmission of the ballot, with the costs of mailing, delivery,
  127  or electronic transmission and copying to be borne by the
  128  association. The association is not liable for the contents of
  129  the information sheets prepared by the candidates. In order to
  130  reduce costs, the association may print or duplicate the
  131  information sheets on both sides of the paper. The division
  132  shall by rule establish voting procedures consistent with the
  133  provisions contained herein, including rules establishing
  134  procedures for giving notice by electronic transmission and
  135  rules providing for the secrecy of ballots. Elections shall be
  136  decided by a plurality of those ballots cast. There shall be no
  137  quorum requirement; however, at least 20 percent of the eligible
  138  voters must cast a ballot in order to have a valid election of
  139  members of the board. No unit owner shall permit any other
  140  person to vote his or her ballot, and any such ballots
  141  improperly cast shall be deemed invalid, provided any unit owner
  142  who violates this provision may be fined by the association in
  143  accordance with s. 718.303. A unit owner who needs assistance in
  144  casting the ballot for the reasons stated in s. 101.051 may
  145  obtain assistance in casting the ballot. The regular election
  146  shall occur on the date of the annual meeting. The provisions of
  147  this sub-subparagraph subparagraph shall not apply to timeshare
  148  condominium associations. Notwithstanding the provisions of this
  149  sub-subparagraph subparagraph, an election is not required
  150  unless more candidates file notices of intent to run or are
  151  nominated than board vacancies exist.
  152         b.Within 90 days after being elected to the board, each
  153  newly elected director shall certify in writing to the secretary
  154  of the association that he or she has read the association’s
  155  declarations of covenants and restrictions, articles of
  156  incorporation, bylaws, and current written policies; that he or
  157  she will work to uphold such documents and policies to the best
  158  of his or her ability; and that he or she will faithfully
  159  discharge his or her fiduciary responsibility to the
  160  association’s members. In lieu of this written certification,
  161  the newly elected director may submit a certificate of
  162  satisfactory completion of the educational curriculum
  163  administered by a division-approved condominium education
  164  provider. Failure to timely file the written certification or
  165  educational certificate automatically disqualifies the director
  166  from service on the board. The secretary shall cause the
  167  association to retain a director’s written certification or
  168  educational certificate for inspection by the members for 5
  169  years after a director’s election. Failure to have such written
  170  certification or educational certificate on file does not affect
  171  the validity of any appropriate action.
  172         4. Any approval by unit owners called for by this chapter
  173  or the applicable declaration or bylaws, including, but not
  174  limited to, the approval requirement in s. 718.111(8), shall be
  175  made at a duly noticed meeting of unit owners and shall be
  176  subject to all requirements of this chapter or the applicable
  177  condominium documents relating to unit owner decisionmaking,
  178  except that unit owners may take action by written agreement,
  179  without meetings, on matters for which action by written
  180  agreement without meetings is expressly allowed by the
  181  applicable bylaws or declaration or any statute that provides
  182  for such action.
  183         5. Unit owners may waive notice of specific meetings if
  184  allowed by the applicable bylaws or declaration or any statute.
  185  If authorized by the bylaws, notice of meetings of the board of
  186  administration, unit owner meetings, except unit owner meetings
  187  called to recall board members under paragraph (j), and
  188  committee meetings may be given by electronic transmission to
  189  unit owners who consent to receive notice by electronic
  190  transmission.
  191         6. Unit owners shall have the right to participate in
  192  meetings of unit owners with reference to all designated agenda
  193  items. However, the association may adopt reasonable rules
  194  governing the frequency, duration, and manner of unit owner
  195  participation.
  196         7. Any unit owner may tape record or videotape a meeting of
  197  the unit owners subject to reasonable rules adopted by the
  198  division.
  199         8. Unless otherwise provided in the bylaws, any vacancy
  200  occurring on the board before the expiration of a term may be
  201  filled by the affirmative vote of the majority of the remaining
  202  directors, even if the remaining directors constitute less than
  203  a quorum, or by the sole remaining director. In the alternative,
  204  a board may hold an election to fill the vacancy, in which case
  205  the election procedures must conform to the requirements of sub
  206  subparagraph subparagraph 3.a. unless the association governs 10
  207  units or fewer less and has opted out of the statutory election
  208  process, in which case the bylaws of the association control.
  209  Unless otherwise provided in the bylaws, a board member
  210  appointed or elected under this section shall fill the vacancy
  211  for the unexpired term of the seat being filled. Filling
  212  vacancies created by recall is governed by paragraph (j) and
  213  rules adopted by the division.
  214  
  215  Notwithstanding subparagraph subparagraphs (b)2. and sub
  216  subparagraph (d)3.a., an association of 10 or fewer units may,
  217  by the affirmative vote of a majority of the total voting
  218  interests, provide for different voting and election procedures
  219  in its bylaws, which vote may be by a proxy specifically
  220  delineating the different voting and election procedures. The
  221  different voting and election procedures may provide for
  222  elections to be conducted by limited or general proxy.
  223  
  224  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  225         And the directory clause is amended as follows:
  226         Delete line 294
  227  and insert:
  228  Section 3. Paragraphs (d), (n), and (o) of subsection (2) of
  229  
  230  ================= T I T L E  A M E N D M E N T ================
  231         And the title is amended as follows:
  232         Delete line 1438
  233  and insert:
  234         standards; amending s. 718.112, F.S.; revising
  235         requirements for the reappointment of certain board
  236         members; revising board eligibility requirements;
  237         revising notice requirements for board candidates;
  238         establishing requirements for newly elected board
  239         members; providing that a