Florida Senate - 2009                       CS for CS for SB 880
       
       
       
       By the Committees on Judiciary; and Regulated Industries; and
       Senators Fasano and Ring
       
       
       
       590-05770-09                                           2009880c2
    1                        A bill to be entitled                      
    2         An act relating to community associations; amending s.
    3         718.110, F.S.; providing for the application of
    4         certain amendments to a declaration of condominium to
    5         certain unit owners; amending s. 718.111, F.S.;
    6         providing penalties for any person who knowingly or
    7         intentionally defaces or destroys certain records of
    8         an association with the intent to harm the association
    9         or any of its members; providing that an association
   10         is not responsible for the use or misuse of certain
   11         information obtained pursuant to state law requiring
   12         the maintenance of certain records of an association;
   13         providing an exception; providing that,
   14         notwithstanding the other requirements, certain
   15         records are not accessible to unit owners; requiring
   16         that any rules adopted for the purpose of setting
   17         forth accounting principles or addressing financial
   18         reporting requirements include certain provisions and
   19         standards; amending s. 718.112, F.S.; revising
   20         requirements for the reappointment of certain board
   21         members; revising board eligibility requirements;
   22         revising notice requirements for board candidates;
   23         establishing requirements for newly elected board
   24         members; providing that a director or officer
   25         delinquent in the payment of fee, fine, regular
   26         assesment, or special assessments by more than a
   27         specified number of days is deemed to have abandoned
   28         the office; requiring that a director charged by
   29         information or indictment of certain offenses
   30         involving an association’s funds or property be
   31         removed from office; amending s. 718.115, F.S.;
   32         requiring that certain services obtained pursuant to a
   33         bulk contract as provided in the declaration be deemed
   34         a common expense; requiring that such contracts
   35         contain certain provisions; authorizing the
   36         cancellation of certain contracts; amending s.
   37         718.116, F.S.; limiting the amount of certain costs to
   38         the unit owner; providing an exception; authorizing an
   39         association to demand future regular assessments
   40         related to the condominium unit under specified
   41         conditions; providing that the demand is continuing in
   42         nature; requiring that a tenant continue to pay
   43         assessments until the occurrence of specified events;
   44         requiring the delivery of notice of such demand;
   45         limiting the liability of a tenant; amending s.
   46         718.303, F.S.; authorizing an association to suspend
   47         for a reasonable time the right of a unit owner or the
   48         unit’s occupant, licensee, or invitee to use certain
   49         common elements under certain circumstances; excluding
   50         certain common elements from such authorization;
   51         prohibiting a fine from being levied or a suspension
   52         from being imposed unless the association meets
   53         certain notice requirements; providing circumstances
   54         under which such notice requirements do not apply;
   55         providing procedures and notice requirements for
   56         levying a fine or imposing a suspension; authorizing
   57         an association to suspend voting rights due to
   58         nonpayment of assessments, fines, or other charges
   59         delinquent by a specified number of days under certain
   60         circumstances; amending s. 718.103, F.S.; expanding
   61         the definition of “developer” to include a bulk
   62         assignee or bulk buyer; amending s. 718.301, F.S.;
   63         revising conditions under which unit owners other than
   64         the developer may elect not less than a majority of
   65         the members of the board of administration of an
   66         association; creating part VII of ch. 718, F.S.;
   67         providing a short title; providing legislative
   68         findings and intent; defining the terms “bulk
   69         assignee” and “bulk buyer”; providing for the
   70         assignment of developer rights by a bulk assignee;
   71         specifying liabilities of bulk assignees and bulk
   72         buyers; providing exceptions; providing additional
   73         responsibilities of bulk assignees and bulk buyers;
   74         authorizing certain entities to assign developer
   75         rights to a bulk assignee; limiting the number of bulk
   76         assignees at any given time; providing for the
   77         transfer of control of a board of administration;
   78         providing effects of such transfer on parcels acquired
   79         by a bulk assignee; providing obligations of a bulk
   80         assignee upon the transfer of control of a board of
   81         administration; requiring that a bulk assignee certify
   82         certain information in writing; providing for the
   83         resolution of a conflict between specified provisions
   84         of state law; providing that the failure of a bulk
   85         assignee or bulk buyer to comply with specified
   86         provisions of state law results in the loss of certain
   87         protections and exemptions; requiring that a bulk
   88         assignee or bulk buyer file certain information with
   89         the Division of Florida Condominiums, Timeshares, and
   90         Mobile Homes of the Department of Business and
   91         Professional Regulation before offering any units for
   92         sale or lease in excess of a specified term; requiring
   93         that a copy of such information be provided to a
   94         prospective purchaser; requiring that certain
   95         contracts and disclosure statements contain specified
   96         statements; requiring that a bulk assignee or bulk
   97         buyer comply with certain disclosure requirements;
   98         prohibiting a bulk assignee from taking certain
   99         actions on behalf of an association while the bulk
  100         assignee is in control of the board of administration
  101         of the association and requiring that such bulk
  102         assignee comply with certain requirements; requiring
  103         that a bulk assignee or bulk buyer comply with certain
  104         requirements regarding certain contracts; providing
  105         unit owners with specified protections regarding
  106         certain contracts; requiring that a bulk buyer comply
  107         with certain requirements regarding the transfer of a
  108         unit; prohibiting a person from being classified as a
  109         bulk assignee or bulk buyer unless condominium parcels
  110         were acquired before a specified date; providing for
  111         the determination of the date of acquisition of a
  112         parcel; providing that the assignment of developer
  113         rights to a bulk assignee does not release a developer
  114         from certain liabilities; preserving certain
  115         liabilities for certain parties; amending s. 719.108,
  116         F.S.; authorizing an association to recover charges
  117         incurred in connection with collecting a delinquent
  118         assessment up to a specified maximum amount; providing
  119         a prioritized list for disbursement of payments
  120         received by an association; providing for a lien by an
  121         association on a condominium unit for certain fees and
  122         costs; providing procedures and notice requirements
  123         for the filing of a lien by an association;
  124         authorizing an association to demand future regular
  125         assessments related to a unit under specified
  126         conditions; amending s. 720.304, F.S.; providing that
  127         a flagpole and any flagpole display are subject to
  128         certain codes and regulations; amending s. 720.305,
  129         F.S.; authorizing the association to suspend certain
  130         rights under certain circumstances; providing that
  131         certain provisions regarding the suspension-of-use
  132         rights of an association do not apply to certain
  133         portions of common areas; providing procedures and
  134         notice requirements for levying a fine or imposing a
  135         suspension; amending s. 720.3085, F.S.; authorizing an
  136         association to demand future regular assessments
  137         related to a parcel under specified conditions;
  138         amending s. 720.31, F.S.; authorizing an association
  139         to enter into certain agreements; requiring that
  140         certain items be stated and fully described in the
  141         declaration; limiting an association’s power to enter
  142         into such agreements after a specified period
  143         following the recording of a declaration; requiring
  144         that certain agreements be approved by a specified
  145         percentage of voting interests of an association when
  146         the declaration is silent as to the authority of an
  147         association to enter into such agreement; authorizing
  148         an association to join with other associations or a
  149         master association under certain circumstances and for
  150         specified purposes; amending s. 721.05, F.S.; limiting
  151         the definition of “facility” to certain permanent
  152         amenities; repealing s. 553.509(2), F.S., relating to
  153         public elevators and emergency operation plans in
  154         certain condominiums and multifamily dwellings;
  155         amending s. 720.303, F.S.; revising provisions
  156         relating to homeowners’ association board meetings,
  157         inspection and copying of records, and reserve
  158         accounts of budgets; prohibiting certain association
  159         personnel from receiving a salary or compensation;
  160         providing exceptions; amending s. 720.306, F.S.;
  161         providing requirements for secret ballots; creating s.
  162         720.315, F.S.; prohibiting the board of directors of a
  163         homeowners’ association from levying a special
  164         assessment before turnover of the association by the
  165         developer unless certain conditions are met; amending
  166         s. 723.071, F.S.; revising notice requirements
  167         relating to the sale of mobile home parks; revising
  168         provisions relating to a homeowners’ association’s
  169         right to purchase the mobile home park; providing
  170         requirements for the purchase of the park by a
  171         homeowners’ association; requiring that a park owner
  172         comply with certain provisions of state law if the
  173         mobile home owners have informed the park owner that
  174         they are ready and willing to purchase the park;
  175         providing that the park owner has no obligation to
  176         comply with such provisions under certain
  177         circumstances; providing requirements for the
  178         homeowners’ expression of readiness and willingness to
  179         purchase the park; deleting definitions to conform to
  180         changes made by the act; providing an effective date.
  181  
  182  Be It Enacted by the Legislature of the State of Florida:
  183  
  184         Section 1. Subsection (13) of section 718.110, Florida
  185  Statutes, is amended to read:
  186         718.110 Amendment of declaration; correction of error or
  187  omission in declaration by circuit court.—
  188         (13) Any amendment prohibiting restricting unit owners from
  189  renting their units or altering the number of times unit owners
  190  are entitled to rent their units during a specified period
  191  owners’ rights relating to the rental of units applies only to
  192  unit owners who consent to the amendment and unit owners who
  193  acquire title to purchase their units after the effective date
  194  of that amendment.
  195         Section 2. Subsections (12) and (13) of section 718.111,
  196  Florida Statutes, are amended to read:
  197         718.111 The association.—
  198         (12) OFFICIAL RECORDS.—
  199         (a) From the inception of the association, the association
  200  shall maintain each of the following items, when applicable,
  201  which shall constitute the official records of the association:
  202         1. A copy of the plans, permits, warranties, and other
  203  items provided by the developer pursuant to s. 718.301(4).
  204         2. A photocopy of the recorded declaration of condominium
  205  of each condominium operated by the association and of each
  206  amendment to each declaration.
  207         3. A photocopy of the recorded bylaws of the association
  208  and of each amendment to the bylaws.
  209         4. A certified copy of the articles of incorporation of the
  210  association, or other documents creating the association, and of
  211  each amendment thereto.
  212         5. A copy of the current rules of the association.
  213         6. A book or books which contain the minutes of all
  214  meetings of the association, of the board of administration, and
  215  of unit owners, which minutes shall be retained for a period of
  216  not less than 7 years.
  217         7. A current roster of all unit owners and their mailing
  218  addresses, unit identifications, voting certifications, and, if
  219  known, telephone numbers. The association shall also maintain
  220  the electronic mailing addresses and the numbers designated by
  221  unit owners for receiving notice sent by electronic transmission
  222  of those unit owners consenting to receive notice by electronic
  223  transmission. The electronic mailing addresses and numbers
  224  provided by unit owners to receive notice by electronic
  225  transmission shall be removed from association records when
  226  consent to receive notice by electronic transmission is revoked.
  227  However, the association is not liable for an erroneous
  228  disclosure of the electronic mail address or the number for
  229  receiving electronic transmission of notices.
  230         8. All current insurance policies of the association and
  231  condominiums operated by the association.
  232         9. A current copy of any management agreement, lease, or
  233  other contract to which the association is a party or under
  234  which the association or the unit owners have an obligation or
  235  responsibility.
  236         10. Bills of sale or transfer for all property owned by the
  237  association.
  238         11. Accounting records for the association and separate
  239  accounting records for each condominium which the association
  240  operates. All accounting records shall be maintained for a
  241  period of not less than 7 years. Any person who knowingly or
  242  intentionally defaces or destroys accounting records required to
  243  be created and maintained by this chapter during the period for
  244  which such records are required to be maintained pursuant to
  245  this chapter, or who knowingly or intentionally fails to create
  246  or maintain accounting records required to be maintained by this
  247  chapter, with the intent of causing harm to the association or
  248  one or more of its members, is personally subject to a civil
  249  penalty pursuant to s. 718.501(1)(d). The accounting records
  250  shall include, but are not limited to:
  251         a. Accurate, itemized, and detailed records of all receipts
  252  and expenditures.
  253         b. A current account and a monthly, bimonthly, or quarterly
  254  statement of the account for each unit designating the name of
  255  the unit owner, the due date and amount of each assessment, the
  256  amount paid upon the account, and the balance due.
  257         c. All audits, reviews, accounting statements, and
  258  financial reports of the association or condominium.
  259         d. All contracts for work to be performed. Bids for work to
  260  be performed shall also be considered official records and shall
  261  be maintained by the association.
  262         12. Ballots, sign-in sheets, voting proxies, and all other
  263  papers relating to voting by unit owners, which shall be
  264  maintained for a period of 1 year from the date of the election,
  265  vote, or meeting to which the document relates, notwithstanding
  266  paragraph (b).
  267         13. All rental records, when the association is acting as
  268  agent for the rental of condominium units.
  269         14. A copy of the current question and answer sheet as
  270  described by s. 718.504.
  271         15. All other records of the association not specifically
  272  included in the foregoing which are related to the operation of
  273  the association.
  274         16. A copy of the inspection report as provided for in s.
  275  718.301(4)(p).
  276         (b) The official records of the association shall be
  277  maintained within the state for at least 7 years. The records of
  278  the association shall be made available to a unit owner within
  279  45 miles of the condominium property or within the county in
  280  which the condominium property is located within 5 working days
  281  after receipt of written request by the board or its designee.
  282  However, such distance requirement does not apply to an
  283  association governing a timeshare condominium. This paragraph
  284  may be complied with by having a copy of the official records of
  285  the association available for inspection or copying on the
  286  condominium property or association property, or the association
  287  may offer the option of making the records of the association
  288  available to a unit owner either electronically via the Internet
  289  or by allowing the records to be viewed in electronic format on
  290  a computer screen and printed upon request. The association is
  291  not responsible for the use or misuse of the information
  292  provided pursuant to the compliance requirements of this chapter
  293  unless the association has an affirmative duty not to disclose
  294  such information pursuant to this chapter.
  295         (c) The official records of the association are open to
  296  inspection by any association member or the authorized
  297  representative of such member at all reasonable times. The right
  298  to inspect the records includes the right to make or obtain
  299  copies, at the reasonable expense, if any, of the association
  300  member. The association may adopt reasonable rules regarding the
  301  frequency, time, location, notice, and manner of record
  302  inspections and copying. The failure of an association to
  303  provide the records within 10 working days after receipt of a
  304  written request shall create a rebuttable presumption that the
  305  association willfully failed to comply with this paragraph. A
  306  unit owner who is denied access to official records is entitled
  307  to the actual damages or minimum damages for the association’s
  308  willful failure to comply with this paragraph. The minimum
  309  damages shall be $50 per calendar day up to 10 days, the
  310  calculation to begin on the 11th working day after receipt of
  311  the written request. The failure to permit inspection of the
  312  association records as provided herein entitles any person
  313  prevailing in an enforcement action to recover reasonable
  314  attorney’s fees from the person in control of the records who,
  315  directly or indirectly, knowingly denied access to the records
  316  for inspection. Any person who knowingly or intentionally
  317  defaces or destroys accounting records that are required by this
  318  chapter to be created and maintained during the period for which
  319  such records are required to be maintained pursuant to this
  320  chapter, or who knowingly or intentionally fails to create or
  321  maintain accounting records that are required to be maintained
  322  by this chapter, with the intent of causing harm to the
  323  association or one or more of its members, is personally subject
  324  to a civil penalty pursuant to s. 718.501(1)(d). The association
  325  shall maintain an adequate number of copies of the declaration,
  326  articles of incorporation, bylaws, and rules, and all amendments
  327  to each of the foregoing, as well as the question and answer
  328  sheet provided for in s. 718.504 and year-end financial
  329  information required in this section, on the condominium
  330  property to ensure their availability to unit owners and
  331  prospective purchasers, and may charge its actual costs for
  332  preparing and furnishing these documents to those requesting the
  333  documents same. Notwithstanding the provisions of this
  334  paragraph, the following records shall not be accessible to unit
  335  owners:
  336         1. Any record protected by the lawyer-client privilege as
  337  described in s. 90.502; and any record protected by the work
  338  product privilege, including any record prepared by an
  339  association attorney or prepared at the attorney’s express
  340  direction; which reflects a mental impression, conclusion,
  341  litigation strategy, or legal theory of the attorney or the
  342  association, and which was prepared exclusively for civil or
  343  criminal litigation or for adversarial administrative
  344  proceedings, or which was prepared in anticipation of imminent
  345  civil or criminal litigation or imminent adversarial
  346  administrative proceedings until the conclusion of the
  347  litigation or adversarial administrative proceedings.
  348         2. Information obtained by an association in connection
  349  with the approval of the lease, sale, or other transfer of a
  350  unit.
  351         3.Disciplinary, health, insurance, and personnel records
  352  of the association’s employees.
  353         4.3. Medical records of unit owners.
  354         5.4. Social security numbers, driver’s license numbers,
  355  credit card numbers, e-mail addresses, and other personal
  356  identifying information of any person, excluding the person’s
  357  name, unit designation, mailing address, property address, and
  358  other contact information.
  359         6.Any electronic security measure that is used by the
  360  association to safeguard data, including passwords.
  361         7.The data generated by software used by the association
  362  which allows manipulation of data. Such data is part of the
  363  official records of the association, even if the owner owns a
  364  copy of the same software used by the association, but the
  365  underlying software and operating system are not part of the
  366  official records of the association.
  367         (13) FINANCIAL REPORTING.—Within 90 days after the end of
  368  the fiscal year, or annually on a date provided in the bylaws,
  369  the association shall prepare and complete, or contract for the
  370  preparation and completion of, a financial report for the
  371  preceding fiscal year. Within 21 days after the final financial
  372  report is completed by the association or received from the
  373  third party, but not later than 120 days after the end of the
  374  fiscal year or other date as provided in the bylaws, the
  375  association shall mail to each unit owner at the address last
  376  furnished to the association by the unit owner, or hand deliver
  377  to each unit owner, a copy of the financial report or a notice
  378  that a copy of the financial report will be mailed or hand
  379  delivered to the unit owner, without charge, upon receipt of a
  380  written request from the unit owner. The division shall adopt
  381  rules setting forth uniform accounting principles and standards
  382  to be used by all associations and shall adopt rules addressing
  383  financial reporting requirements for multicondominium
  384  associations. The rules shall include, but not be limited to,
  385  standards for presenting a summary of association reserves,
  386  including, but not limited to, a good faith estimate disclosing
  387  the annual amount of reserve funds that would be necessary for
  388  the association to fully fund reserves for each reserve item
  389  based on the straight-line accounting method. This disclosure is
  390  not applicable to reserves funded via the pooling method uniform
  391  accounting principles and standards for stating the disclosure
  392  of at least a summary of the reserves, including information as
  393  to whether such reserves are being funded at a level sufficient
  394  to prevent the need for a special assessment and, if not, the
  395  amount of assessments necessary to bring the reserves up to the
  396  level necessary to avoid a special assessment. The person
  397  preparing the financial reports shall be entitled to rely on an
  398  inspection report prepared for or provided to the association to
  399  meet the fiscal and fiduciary standards of this chapter. In
  400  adopting such rules, the division shall consider the number of
  401  members and annual revenues of an association. Financial reports
  402  shall be prepared as follows:
  403         (a) An association that meets the criteria of this
  404  paragraph shall prepare or cause to be prepared a complete set
  405  of financial statements in accordance with generally accepted
  406  accounting principles. The financial statements shall be based
  407  upon the association’s total annual revenues, as follows:
  408         1. An association with total annual revenues of $100,000 or
  409  more, but less than $200,000, shall prepare compiled financial
  410  statements.
  411         2. An association with total annual revenues of at least
  412  $200,000, but less than $400,000, shall prepare reviewed
  413  financial statements.
  414         3. An association with total annual revenues of $400,000 or
  415  more shall prepare audited financial statements.
  416         (b)1. An association with total annual revenues of less
  417  than $100,000 shall prepare a report of cash receipts and
  418  expenditures.
  419         2. An association that which operates fewer less than 50
  420  units, regardless of the association’s annual revenues, shall
  421  prepare a report of cash receipts and expenditures in lieu of
  422  financial statements required by paragraph (a).
  423         3. A report of cash receipts and disbursements must
  424  disclose the amount of receipts by accounts and receipt
  425  classifications and the amount of expenses by accounts and
  426  expense classifications, including, but not limited to, the
  427  following, as applicable: costs for security, professional and
  428  management fees and expenses, taxes, costs for recreation
  429  facilities, expenses for refuse collection and utility services,
  430  expenses for lawn care, costs for building maintenance and
  431  repair, insurance costs, administration and salary expenses, and
  432  reserves accumulated and expended for capital expenditures,
  433  deferred maintenance, and any other category for which the
  434  association maintains reserves.
  435         (c) An association may prepare or cause to be prepared,
  436  without a meeting of or approval by the unit owners:
  437         1. Compiled, reviewed, or audited financial statements, if
  438  the association is required to prepare a report of cash receipts
  439  and expenditures;
  440         2. Reviewed or audited financial statements, if the
  441  association is required to prepare compiled financial
  442  statements; or
  443         3. Audited financial statements if the association is
  444  required to prepare reviewed financial statements.
  445         (d) If approved by a majority of the voting interests
  446  present at a properly called meeting of the association, an
  447  association may prepare or cause to be prepared:
  448         1. A report of cash receipts and expenditures in lieu of a
  449  compiled, reviewed, or audited financial statement;
  450         2. A report of cash receipts and expenditures or a compiled
  451  financial statement in lieu of a reviewed or audited financial
  452  statement; or
  453         3. A report of cash receipts and expenditures, a compiled
  454  financial statement, or a reviewed financial statement in lieu
  455  of an audited financial statement.
  456  
  457  Such meeting and approval must occur before prior to the end of
  458  the fiscal year and is effective only for the fiscal year in
  459  which the vote is taken, except that the approval also may be
  460  effective for the following fiscal year. With respect to an
  461  association to which the developer has not turned over control
  462  of the association, all unit owners, including the developer,
  463  may vote on issues related to the preparation of financial
  464  reports for the first 2 fiscal years of the association’s
  465  operation, beginning with the fiscal year in which the
  466  declaration is recorded. Thereafter, all unit owners except the
  467  developer may vote on such issues until control is turned over
  468  to the association by the developer. Any audit or review
  469  prepared under this section shall be paid for by the developer
  470  if done prior to turnover of control of the association. An
  471  association may not waive the financial reporting requirements
  472  of this section for more than 3 consecutive years.
  473         Section 3. Paragraphs (d), (n), and (o) of subsection (2)
  474  of section 718.112, Florida Statutes, are amended to read:
  475         718.112 Bylaws.—
  476         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  477  following and, if they do not do so, shall be deemed to include
  478  the following:
  479         (d) Unit owner meetings.—
  480         1. There shall be an annual meeting of the unit owners held
  481  at the location provided in the association bylaws and, if the
  482  bylaws are silent as to the location, the meeting shall be held
  483  within 45 miles of the condominium property. However, such
  484  distance requirement does not apply to an association governing
  485  a timeshare condominium. Unless the bylaws provide otherwise, a
  486  vacancy on the board caused by the expiration of a director’s
  487  term shall be filled by electing a new board member, and the
  488  election shall be by secret ballot; however, if the number of
  489  vacancies equals or exceeds the number of candidates, no
  490  election is required. The terms of all members of the board
  491  shall expire at the annual meeting and such board members may
  492  stand for reelection unless otherwise permitted by the bylaws.
  493  In the event that the bylaws permit staggered terms of no more
  494  than 2 years and upon approval of a majority of the total voting
  495  interests, the association board members may serve 2-year
  496  staggered terms. If the number no person is interested in or
  497  demonstrates an intention to run for the position of a board
  498  members member whose terms have term has expired according to
  499  the provisions of this subparagraph exceeds the number of
  500  eligible members showing interest in or demonstrating an
  501  intention to run for the vacant positions, each such board
  502  member whose term has expired shall become eligible for
  503  reappointment be automatically reappointed to the board of
  504  administration and need not stand for reelection. In a
  505  condominium association of more than 10 units, coowners of a
  506  unit may not serve as members of the board of directors at the
  507  same time unless they own more than one unit and are not co
  508  occupants of a unit or unless there are not enough owners to
  509  fill the vacancies on the board. Any unit owner desiring to be a
  510  candidate for board membership shall comply with sub
  511  subparagraph subparagraph 3.a. A person who has been suspended
  512  or removed by the division under this chapter, or who is
  513  delinquent in the payment of any fee, fine, or special or
  514  regular assessment as provided in paragraph (n), is not eligible
  515  for board membership. A person who has been convicted of any
  516  felony in this state or in a United States District or
  517  Territorial Court, or who has been convicted of any offense in
  518  another jurisdiction that would be considered a felony if
  519  committed in this state, is not eligible for board membership
  520  unless such felon’s civil rights have been restored for a period
  521  of no less than 5 years as of the date on which such person
  522  seeks election to the board. The validity of an action by the
  523  board is not affected if it is later determined that a member of
  524  the board is ineligible for board membership due to having been
  525  convicted of a felony.
  526         2. The bylaws shall provide the method of calling meetings
  527  of unit owners, including annual meetings. Written notice, which
  528  notice must include an agenda, shall be mailed, hand delivered,
  529  or electronically transmitted to each unit owner at least 14
  530  days prior to the annual meeting and shall be posted in a
  531  conspicuous place on the condominium property at least 14
  532  continuous days preceding the annual meeting. Upon notice to the
  533  unit owners, the board shall by duly adopted rule designate a
  534  specific location on the condominium property or association
  535  property upon which all notices of unit owner meetings shall be
  536  posted; however, if there is no condominium property or
  537  association property upon which notices can be posted, this
  538  requirement does not apply. In lieu of or in addition to the
  539  physical posting of notice of any meeting of the unit owners on
  540  the condominium property, the association may, by reasonable
  541  rule, adopt a procedure for conspicuously posting and repeatedly
  542  broadcasting the notice and the agenda on a closed-circuit cable
  543  television system serving the condominium association. However,
  544  if broadcast notice is used in lieu of a notice posted
  545  physically on the condominium property, the notice and agenda
  546  must be broadcast at least four times every broadcast hour of
  547  each day that a posted notice is otherwise required under this
  548  section. When broadcast notice is provided, the notice and
  549  agenda must be broadcast in a manner and for a sufficient
  550  continuous length of time so as to allow an average reader to
  551  observe the notice and read and comprehend the entire content of
  552  the notice and the agenda. Unless a unit owner waives in writing
  553  the right to receive notice of the annual meeting, such notice
  554  shall be hand delivered, mailed, or electronically transmitted
  555  to each unit owner. Notice for meetings and notice for all other
  556  purposes shall be mailed to each unit owner at the address last
  557  furnished to the association by the unit owner, or hand
  558  delivered to each unit owner. However, if a unit is owned by
  559  more than one person, the association shall provide notice, for
  560  meetings and all other purposes, to that one address which the
  561  developer initially identifies for that purpose and thereafter
  562  as one or more of the owners of the unit shall so advise the
  563  association in writing, or if no address is given or the owners
  564  of the unit do not agree, to the address provided on the deed of
  565  record. An officer of the association, or the manager or other
  566  person providing notice of the association meeting, shall
  567  provide an affidavit or United States Postal Service certificate
  568  of mailing, to be included in the official records of the
  569  association affirming that the notice was mailed or hand
  570  delivered, in accordance with this provision.
  571         3.a. The members of the board shall be elected by written
  572  ballot or voting machine. Proxies shall in no event be used in
  573  electing the board, either in general elections or elections to
  574  fill vacancies caused by recall, resignation, or otherwise,
  575  unless otherwise provided in this chapter. Not less than 60 days
  576  before a scheduled election, the association shall mail,
  577  deliver, or electronically transmit, whether by separate
  578  association mailing or included in another association mailing,
  579  delivery, or transmission, including regularly published
  580  newsletters, to each unit owner entitled to a vote, a first
  581  notice of the date of the election along with a certification
  582  form provided by the division attesting that he or she has read
  583  and understands, to the best of his or her ability, the
  584  governing documents of the association and the provisions of
  585  this chapter and any applicable rules. Any unit owner or other
  586  eligible person desiring to be a candidate for the board must
  587  give written notice of his or her intent to be a candidate to
  588  the association not less than 40 days before a scheduled
  589  election. Together with the written notice and agenda as set
  590  forth in subparagraph 2., the association shall mail, deliver,
  591  or electronically transmit a second notice of the election to
  592  all unit owners entitled to vote therein, together with a ballot
  593  which shall list all candidates. Upon request of a candidate,
  594  the association shall include an information sheet, no larger
  595  than 8 1/2 inches by 11 inches, which must be furnished by the
  596  candidate not less than 35 days before the election, shall along
  597  with the signed certification form provided for in this
  598  subparagraph, to be included with the mailing, delivery, or
  599  transmission of the ballot, with the costs of mailing, delivery,
  600  or electronic transmission and copying to be borne by the
  601  association. The association is not liable for the contents of
  602  the information sheets prepared by the candidates. In order to
  603  reduce costs, the association may print or duplicate the
  604  information sheets on both sides of the paper. The division
  605  shall by rule establish voting procedures consistent with the
  606  provisions contained herein, including rules establishing
  607  procedures for giving notice by electronic transmission and
  608  rules providing for the secrecy of ballots. Elections shall be
  609  decided by a plurality of those ballots cast. There shall be no
  610  quorum requirement; however, at least 20 percent of the eligible
  611  voters must cast a ballot in order to have a valid election of
  612  members of the board. No unit owner shall permit any other
  613  person to vote his or her ballot, and any such ballots
  614  improperly cast shall be deemed invalid, provided any unit owner
  615  who violates this provision may be fined by the association in
  616  accordance with s. 718.303. A unit owner who needs assistance in
  617  casting the ballot for the reasons stated in s. 101.051 may
  618  obtain assistance in casting the ballot. The regular election
  619  shall occur on the date of the annual meeting. The provisions of
  620  this sub-subparagraph subparagraph shall not apply to timeshare
  621  condominium associations. Notwithstanding the provisions of this
  622  sub-subparagraph subparagraph, an election is not required
  623  unless more candidates file notices of intent to run or are
  624  nominated than board vacancies exist.
  625         b.Within 90 days after being elected to the board, each
  626  newly elected director shall certify in writing to the secretary
  627  of the association that he or she has read the association’s
  628  declarations of covenants and restrictions, articles of
  629  incorporation, bylaws, and current written policies; that he or
  630  she will work to uphold such documents and policies to the best
  631  of his or her ability; and that he or she will faithfully
  632  discharge his or her fiduciary responsibility to the
  633  association’s members. In lieu of this written certification,
  634  the newly elected director may submit a certificate of
  635  satisfactory completion of the educational curriculum
  636  administered by a division-approved condominium education
  637  provider. Failure to timely file the written certification or
  638  educational certificate automatically disqualifies the director
  639  from service on the board. The secretary shall cause the
  640  association to retain a director’s written certification or
  641  educational certificate for inspection by the members for 5
  642  years after a director’s election. Failure to have such written
  643  certification or educational certificate on file does not affect
  644  the validity of any appropriate action.
  645         4. Any approval by unit owners called for by this chapter
  646  or the applicable declaration or bylaws, including, but not
  647  limited to, the approval requirement in s. 718.111(8), shall be
  648  made at a duly noticed meeting of unit owners and shall be
  649  subject to all requirements of this chapter or the applicable
  650  condominium documents relating to unit owner decisionmaking,
  651  except that unit owners may take action by written agreement,
  652  without meetings, on matters for which action by written
  653  agreement without meetings is expressly allowed by the
  654  applicable bylaws or declaration or any statute that provides
  655  for such action.
  656         5. Unit owners may waive notice of specific meetings if
  657  allowed by the applicable bylaws or declaration or any statute.
  658  If authorized by the bylaws, notice of meetings of the board of
  659  administration, unit owner meetings, except unit owner meetings
  660  called to recall board members under paragraph (j), and
  661  committee meetings may be given by electronic transmission to
  662  unit owners who consent to receive notice by electronic
  663  transmission.
  664         6. Unit owners shall have the right to participate in
  665  meetings of unit owners with reference to all designated agenda
  666  items. However, the association may adopt reasonable rules
  667  governing the frequency, duration, and manner of unit owner
  668  participation.
  669         7. Any unit owner may tape record or videotape a meeting of
  670  the unit owners subject to reasonable rules adopted by the
  671  division.
  672         8. Unless otherwise provided in the bylaws, any vacancy
  673  occurring on the board before the expiration of a term may be
  674  filled by the affirmative vote of the majority of the remaining
  675  directors, even if the remaining directors constitute less than
  676  a quorum, or by the sole remaining director. In the alternative,
  677  a board may hold an election to fill the vacancy, in which case
  678  the election procedures must conform to the requirements of sub
  679  subparagraph subparagraph 3.a. unless the association governs 10
  680  units or fewer less and has opted out of the statutory election
  681  process, in which case the bylaws of the association control.
  682  Unless otherwise provided in the bylaws, a board member
  683  appointed or elected under this section shall fill the vacancy
  684  for the unexpired term of the seat being filled. Filling
  685  vacancies created by recall is governed by paragraph (j) and
  686  rules adopted by the division.
  687  
  688  Notwithstanding subparagraph subparagraphs (b)2. and sub
  689  subparagraph (d)3.a., an association of 10 or fewer units may,
  690  by the affirmative vote of a majority of the total voting
  691  interests, provide for different voting and election procedures
  692  in its bylaws, which vote may be by a proxy specifically
  693  delineating the different voting and election procedures. The
  694  different voting and election procedures may provide for
  695  elections to be conducted by limited or general proxy.
  696         (n) Director or officer delinquencies.—A director or
  697  officer more than 90 days delinquent in the payment of any fee,
  698  fine, regular assessment, or special assessment assessments
  699  shall be deemed to have abandoned the office, creating a vacancy
  700  in the office to be filled according to law.
  701         (o) Director or officer offenses.—A director or officer
  702  charged by information or indictment with a felony theft or
  703  embezzlement offense involving the association’s funds or
  704  property shall be removed from office, creating a vacancy in the
  705  office to be filled according to law. While such director or
  706  officer has such criminal charge pending, he or she may not be
  707  appointed or elected to a position as a director or officer.
  708  However, should the charges be resolved without a finding of
  709  guilt, the director or officer shall be reinstated for the
  710  remainder of his or her term of office, if any.
  711         Section 4. Paragraph (d) of subsection (1) of section
  712  718.115, Florida Statutes, is amended to read:
  713         718.115 Common expenses and common surplus.—
  714         (1)
  715         (d) If so provided in the declaration, the cost of
  716  communications services as defined in chapter 202, information
  717  services, or Internet services a master antenna television
  718  system or duly franchised cable television service obtained
  719  pursuant to a bulk contract shall be deemed a common expense. If
  720  the declaration does not provide for the cost of communications
  721  services as defined in chapter 202, information services, or
  722  Internet services a master antenna television system or duly
  723  franchised cable television service obtained under a bulk
  724  contract as a common expense, the board may enter into such a
  725  contract, and the cost of the service will be a common expense
  726  but allocated on a per-unit basis rather than a percentage basis
  727  if the declaration provides for other than an equal sharing of
  728  common expenses, and any contract entered into before July 1,
  729  1998, in which the cost of the service is not equally divided
  730  among all unit owners, may be changed by vote of a majority of
  731  the voting interests present at a regular or special meeting of
  732  the association, to allocate the cost equally among all units.
  733  The contract shall be for a term of not less than 2 years.
  734         1. Any contract made by the board after the effective date
  735  hereof for communications services as defined in chapter 202,
  736  information services, or Internet services a community antenna
  737  system or duly franchised cable television service may be
  738  canceled by a majority of the voting interests present at the
  739  next regular or special meeting of the association. Any member
  740  may make a motion to cancel the said contract, but if no motion
  741  is made or if such motion fails to obtain the required majority
  742  at the next regular or special meeting, whichever occurs is
  743  sooner, following the making of the contract, then such contract
  744  shall be deemed ratified for the term therein expressed.
  745         2. Any such contract shall provide, and shall be deemed to
  746  provide if not expressly set forth, that any hearing-impaired or
  747  legally blind unit owner who does not occupy the unit with a
  748  non-hearing-impaired or sighted person, or any unit owner
  749  receiving supplemental security income under Title XVI of the
  750  Social Security Act or food stamps as administered by the
  751  Department of Children and Family Services pursuant to s.
  752  414.31, may discontinue the cable or video service without
  753  incurring disconnect fees, penalties, or subsequent service
  754  charges, and, as to such units, the owners shall not be required
  755  to pay any common expenses charge related to such service. If
  756  fewer less than all members of an association share the expenses
  757  of cable or video service television, the expense shall be
  758  shared equally by all participating unit owners. The association
  759  may use the provisions of s. 718.116 to enforce payment of the
  760  shares of such costs by the unit owners receiving cable or video
  761  service television.
  762         Section 5. Paragraph (b) of subsection (5) of section
  763  718.116, Florida Statutes, is amended, and subsection (11) is
  764  added to that section, to read:
  765         718.116 Assessments; liability; lien and priority;
  766  interest; collection.—
  767         (5)
  768         (b) To be valid, a claim of lien must state the description
  769  of the condominium parcel, the name of the record owner, the
  770  name and address of the association, the amount due, and the due
  771  dates. It must be executed and acknowledged by an officer or
  772  authorized agent of the association. No such lien shall be
  773  effective longer than 1 year after the claim of lien was
  774  recorded unless, within that time, an action to enforce the lien
  775  is commenced. The 1-year period shall automatically be extended
  776  for any length of time during which the association is prevented
  777  from filing a foreclosure action by an automatic stay resulting
  778  from a bankruptcy petition filed by the parcel owner or any
  779  other person claiming an interest in the parcel. The claim of
  780  lien shall secure all unpaid assessments which are due and which
  781  may accrue subsequent to the recording of the claim of lien and
  782  before prior to the entry of a certificate of title, as well as
  783  interest and all reasonable costs and attorney’s fees incurred
  784  by the association incident to the collection process. Costs to
  785  the unit owner secured by the association’s claim of lien with
  786  regard to collection letters or any other collection efforts by
  787  management companies or licensed managers as to any delinquent
  788  installment of an assessment may not exceed $75 unless the
  789  management company prepares any letter or estoppel certificate
  790  required by this chapter and charges a reasonable fee related to
  791  the preparation of such letter or estoppel certificate. Upon
  792  payment in full, the person making the payment is entitled to a
  793  satisfaction of the lien.
  794  
  795  After notice of contest of lien has been recorded, the clerk of
  796  the circuit court shall mail a copy of the recorded notice to
  797  the association by certified mail, return receipt requested, at
  798  the address shown in the claim of lien or most recent amendment
  799  to it and shall certify to the service on the face of the
  800  notice. Service is complete upon mailing. After service, the
  801  association has 90 days in which to file an action to enforce
  802  the lien; and, if the action is not filed within the 90-day
  803  period, the lien is void. However, the 90-day period shall be
  804  extended for any length of time that the association is
  805  prevented from filing its action because of an automatic stay
  806  resulting from the filing of a bankruptcy petition by the unit
  807  owner or by any other person claiming an interest in the parcel.
  808         (11)If the unit is occupied by a tenant and the unit owner
  809  is delinquent in the payment of regular assessments, the
  810  association may demand that the tenant pay to the association
  811  the future regular assessments related to the condominium unit.
  812  The demand is continuing in nature, and upon demand, the tenant
  813  shall continue to pay the regular assessments to the association
  814  until the association releases the tenant or the tenant
  815  discontinues tenancy in the unit. The association shall mail
  816  written notice to the unit owner of the association’s demand
  817  that the tenant pay regular assessments to the association. The
  818  tenant is not liable for increases in the amount of the regular
  819  assessment due unless the tenant was reasonably notified of the
  820  increase before the day on which the rent is due. The liability
  821  of the tenant may not exceed the amount due from the tenant to
  822  the tenant’s landlord. The tenant’s landlord shall provide the
  823  tenant a credit against rents due to the unit owner in the
  824  amount of assessments paid to the association under this
  825  section. The association shall, upon request, provide the tenant
  826  with written receipts for payments made. The association may
  827  issue notices under s. 83.56 and may sue for eviction under ss.
  828  83.59-83.625 as if the association were a landlord under part II
  829  of chapter 83 if the tenant fails to pay an assessment. However,
  830  the association is not otherwise considered a landlord under
  831  chapter 83 and specifically has no duties under s. 83.51. The
  832  tenant does not, by virtue of payment of assessments, have any
  833  of the rights of a unit owner to vote in any election or to
  834  examine the books and records of the association. A court may
  835  supersede the effect of this subsection by appointing a
  836  receiver.
  837         Section 6. Section 718.303, Florida Statutes, is amended to
  838  read:
  839         718.303 Obligations of owners and occupants; waiver; levy
  840  of fines, suspension of use or voting rights, and other
  841  nonexclusive remedies in law or equity fine against unit by an
  842  association.—
  843         (1) Each unit owner, each tenant and other invitee, and
  844  each association shall be governed by, and shall comply with the
  845  provisions of, this chapter, the declaration, the documents
  846  creating the association, and the association bylaws and the
  847  provisions thereof shall be deemed expressly incorporated into
  848  any lease of a unit. Actions for damages or for injunctive
  849  relief, or both, for failure to comply with these provisions may
  850  be brought by the association or by a unit owner against:
  851         (a) The association.
  852         (b) A unit owner.
  853         (c) Directors designated by the developer, for actions
  854  taken by them prior to the time control of the association is
  855  assumed by unit owners other than the developer.
  856         (d) Any director who willfully and knowingly fails to
  857  comply with these provisions.
  858         (e) Any tenant leasing a unit, and any other invitee
  859  occupying a unit.
  860  
  861  The prevailing party in any such action or in any action in
  862  which the purchaser claims a right of voidability based upon
  863  contractual provisions as required in s. 718.503(1)(a) is
  864  entitled to recover reasonable attorney’s fees. A unit owner
  865  prevailing in an action between the association and the unit
  866  owner under this section, in addition to recovering his or her
  867  reasonable attorney’s fees, may recover additional amounts as
  868  determined by the court to be necessary to reimburse the unit
  869  owner for his or her share of assessments levied by the
  870  association to fund its expenses of the litigation. This relief
  871  does not exclude other remedies provided by law. Actions arising
  872  under this subsection shall not be deemed to be actions for
  873  specific performance.
  874         (2) A provision of this chapter may not be waived if the
  875  waiver would adversely affect the rights of a unit owner or the
  876  purpose of the provision, except that unit owners or members of
  877  a board of administration may waive notice of specific meetings
  878  in writing if provided by the bylaws. Any instruction given in
  879  writing by a unit owner or purchaser to an escrow agent may be
  880  relied upon by an escrow agent, whether or not such instruction
  881  and the payment of funds thereunder might constitute a waiver of
  882  any provision of this chapter.
  883         (3) If a unit owner is delinquent for more than 90 days in
  884  the payment of a regular or special assessment or if the
  885  declaration or bylaws so provide, the association may suspend,
  886  for a reasonable time, the right of a unit owner or a unit’s
  887  occupant, licensee, or invitee to use common elements, common
  888  facilities, or any other association property. This subsection
  889  does not apply to limited common elements intended to be used
  890  only by that unit, common elements that must be used to access
  891  the unit, utility services provided to the unit, parking spaces,
  892  or elevators. The association may also levy reasonable fines
  893  against a unit for the failure of the owner of the unit, or its
  894  occupant, licensee, or invitee, to comply with any provision of
  895  the declaration, the association bylaws, or reasonable rules of
  896  the association. No fine will become a lien against a unit. A No
  897  fine may not exceed $100 per violation. However, a fine may be
  898  levied on the basis of each day of a continuing violation, with
  899  a single notice and opportunity for hearing, provided that no
  900  such fine shall in the aggregate exceed $1,000. A No fine may
  901  not be levied and a suspension may not be imposed unless the
  902  association first gives except after giving reasonable notice
  903  and opportunity for a hearing to the unit owner and, if
  904  applicable, its occupant, licensee, or invitee. The hearing must
  905  be held before a committee of other unit owners who are neither
  906  board members nor persons residing in a board member’s
  907  household. If the committee does not agree with the fine or
  908  suspension, the fine or suspension may not be levied or imposed.
  909  The provisions of this subsection do not apply to unoccupied
  910  units.
  911         (4)The notice and hearing requirements of subsection (3)
  912  do not apply to the imposition of suspensions or fines against a
  913  unit owner or a unit’s occupant, licensee, or invitee because of
  914  the failure to pay any amounts due the association. If such a
  915  fine or suspension is imposed, the association must levy the
  916  fine or impose a reasonable suspension at a properly noticed
  917  board meeting, and after the imposition of such fine or
  918  suspension, the association must notify the unit owner and, if
  919  applicable, the unit’s occupant, licensee, or invitee by mail or
  920  hand delivery.
  921         (5)If the declaration or bylaws so provide, an association
  922  may also suspend the voting rights of a member due to nonpayment
  923  of assessments, fines, or other charges payable to the
  924  association which are delinquent in excess of 90 days.
  925         Section 7. Subsection (16) of section 718.103, Florida
  926  Statutes, is amended to read:
  927         718.103 Definitions.—As used in this chapter, the term:
  928         (16) “Developer” means a person who creates a condominium
  929  or offers condominium parcels for sale or lease in the ordinary
  930  course of business, but does not include:
  931         (a) An owner or lessee of a condominium or cooperative unit
  932  who has acquired the unit for his or her own occupancy;, nor
  933  does it include
  934         (b) A cooperative association that which creates a
  935  condominium by conversion of an existing residential cooperative
  936  after control of the association has been transferred to the
  937  unit owners if, following the conversion, the unit owners will
  938  be the same persons who were unit owners of the cooperative and
  939  no units are offered for sale or lease to the public as part of
  940  the plan of conversion;.
  941         (c)A bulk assignee or bulk buyer as defined in s. 718.703;
  942  or
  943         (d) A state, county, or municipal entity is not a developer
  944  for any purposes under this act when it is acting as a lessor
  945  and not otherwise named as a developer in the declaration of
  946  condominium association.
  947         Section 8. Subsection (1) of section 718.301, Florida
  948  Statutes, is amended to read:
  949         718.301 Transfer of association control; claims of defect
  950  by association.—
  951         (1) When unit owners other than the developer own 15
  952  percent or more of the units in a condominium that will be
  953  operated ultimately by an association, the unit owners other
  954  than the developer shall be entitled to elect no less than one
  955  third of the members of the board of administration of the
  956  association. Unit owners other than the developer are entitled
  957  to elect not less than a majority of the members of the board of
  958  administration of an association:
  959         (a) Three years after 50 percent of the units that will be
  960  operated ultimately by the association have been conveyed to
  961  purchasers;
  962         (b) Three months after 90 percent of the units that will be
  963  operated ultimately by the association have been conveyed to
  964  purchasers;
  965         (c) When all the units that will be operated ultimately by
  966  the association have been completed, some of them have been
  967  conveyed to purchasers, and none of the others are being offered
  968  for sale by the developer in the ordinary course of business;
  969         (d) When some of the units have been conveyed to purchasers
  970  and none of the others are being constructed or offered for sale
  971  by the developer in the ordinary course of business;
  972         (e) When the developer files a petition seeking protection
  973  in bankruptcy;
  974         (f) When a receiver for the developer is appointed by a
  975  circuit court and is not discharged within 30 days after such
  976  appointment, unless the court determines within 30 days after
  977  appointment of the receiver that transfer of control would be
  978  detrimental to the association or its members; or
  979         (g) Seven years after recordation of the declaration of
  980  condominium; or, in the case of an association which may
  981  ultimately operate more than one condominium, 7 years after
  982  recordation of the declaration for the first condominium it
  983  operates; or, in the case of an association operating a phase
  984  condominium created pursuant to s. 718.403, 7 years after
  985  recordation of the declaration creating the initial phase,
  986  whichever occurs first. The developer is entitled to elect at
  987  least one member of the board of administration of an
  988  association as long as the developer holds for sale in the
  989  ordinary course of business at least 5 percent, in condominiums
  990  with fewer than 500 units, and 2 percent, in condominiums with
  991  more than 500 units, of the units in a condominium operated by
  992  the association. Following the time the developer relinquishes
  993  control of the association, the developer may exercise the right
  994  to vote any developer-owned units in the same manner as any
  995  other unit owner except for purposes of reacquiring control of
  996  the association or selecting the majority members of the board
  997  of administration.
  998         Section 9. Part VII of chapter 718, Florida Statutes,
  999  consisting of sections 718.701, 718.702, 718.703, 718.704,
 1000  718.705, 718.706, 718.707, and 718.708, is created to read:
 1001         718.701Short title.—This part may be cited as the
 1002  “Distressed Condominium Relief Act.”
 1003         718.702Legislative intent.—
 1004         (1)The Legislature acknowledges the massive downturn in
 1005  the condominium market which has transpired throughout the state
 1006  and the impact of such downturn on developers, lenders, unit
 1007  owners, and condominium associations. Numerous condominium
 1008  projects have either failed or are in the process of failing,
 1009  whereby the condominium has a small percentage of third-party
 1010  unit owners as compared to the unsold inventory of units. As a
 1011  result of the inability to find purchasers for this inventory of
 1012  units, which results in part from the devaluing of real estate
 1013  in this state, developers are unable to satisfy the requirements
 1014  of their lenders, leading to defaults on mortgages.
 1015  Consequently, lenders are faced with the task of finding a
 1016  solution to the problem in order to be paid for their
 1017  investments.
 1018         (2)The Legislature recognizes that all of the factors
 1019  listed in this section lead to condominiums becoming distressed,
 1020  resulting in detriment to the unit owners and the condominium
 1021  association on account of the resulting shortage of assessment
 1022  moneys available to support the financial requirements for
 1023  proper maintenance of the condominium. Such shortage and the
 1024  resulting lack of proper maintenance further erodes property
 1025  values. The Legislature finds that individuals and entities
 1026  within Florida and in other states have expressed interest in
 1027  purchasing unsold inventory in one or more condominium projects,
 1028  but are reticent to do so because of accompanying liabilities
 1029  inherited from the original developer, which are by definition
 1030  imputed to the successor purchaser, including a foreclosing
 1031  mortgagee. This results in the potential purchaser having
 1032  unknown and unquantifiable risks, and potential successor
 1033  purchasers are unwilling to accept such risks. The result is
 1034  that condominium projects stagnate, leaving all parties involved
 1035  at an impasse without the ability to find a solution.
 1036         (3)The Legislature finds and declares that it is the
 1037  public policy of this state to protect the interests of
 1038  developers, lenders, unit owners, and condominium associations
 1039  with regard to distressed condominiums, and that there is a need
 1040  for relief from certain provisions of the Florida Condominium
 1041  Act geared toward enabling economic opportunities within these
 1042  condominiums for successor purchasers, including foreclosing
 1043  mortgagees. Such relief would benefit existing unit owners and
 1044  condominium associations. The Legislature further finds and
 1045  declares that this situation cannot be open-ended without
 1046  potentially prejudicing the rights of unit owners and
 1047  condominium associations, and thereby declares that the
 1048  provisions of this part shall be used by purchasers of
 1049  condominium inventory for a specific and defined period.
 1050         718.703Definitions.—As used in this part, the term:
 1051         (1)“Bulk assignee” means a person who:
 1052         (a)Acquires more than seven condominium parcels as set
 1053  forth in s. 718.707; and
 1054         (b)Receives an assignment of some or all of the rights of
 1055  the developer as are set forth in the declaration of condominium
 1056  or in this chapter by a written instrument recorded as an
 1057  exhibit to the deed or as a separate instrument in the public
 1058  records of the county in which the condominium is located.
 1059         (2)“Bulk buyer” means a person who acquires more than
 1060  seven condominium parcels as set forth in s. 718.707 but who
 1061  does not receive an assignment of any developer rights other
 1062  than the right to conduct sales, leasing, and marketing
 1063  activities within the condominium.
 1064         718.704Assignment and assumption of developer rights by
 1065  bulk assignee; bulk buyer.—
 1066         (1)A bulk assignee shall be deemed to have assumed and is
 1067  liable for all duties and responsibilities of the developer
 1068  under the declaration and this chapter, except:
 1069         (a)Warranties of the developer under s. 718.203(1) or s.
 1070  718.618, except for design, construction, development, or repair
 1071  work performed by or on behalf of such bulk assignee;
 1072         (b)The obligation to:
 1073         1.Fund converter reserves under s. 718.618 for a unit that
 1074  was not acquired by the bulk assignee; or
 1075         2.Provide converter warranties on any portion of the
 1076  condominium property except as may be expressly provided by the
 1077  bulk assignee in the contract for purchase and sale executed
 1078  with a purchaser and pertaining to any design, construction,
 1079  development, or repair work performed by or on behalf of the
 1080  bulk assignee;
 1081         (c)The requirement to provide the association with a
 1082  cumulative audit of the association’s finances from the date of
 1083  formation of the condominium association as required by s.
 1084  718.301. However, the bulk assignee shall provide an audit for
 1085  the period for which the bulk assignee elects a majority of the
 1086  members of the board of administration;
 1087         (d)Any liability arising out of or in connection with
 1088  actions taken by the board of administration or the developer
 1089  appointed directors before the bulk assignee elects a majority
 1090  of the members of the board of administration; and
 1091         (e)Any liability for or arising out of the developer’s
 1092  failure to fund previous assessments or to resolve budgetary
 1093  deficits in relation to a developer’s right to guarantee
 1094  assessments, except as otherwise provided in subsection (2).
 1095  
 1096  Further, the bulk assignee is responsible for delivering
 1097  documents and materials in accordance with s. 718.705(3). A bulk
 1098  assignee may expressly assume some or all of the obligations of
 1099  the developer described in paragraphs (a)-(e).
 1100         (2)A bulk assignee receiving the assignment of the rights
 1101  of the developer to guarantee the level of assessments and fund
 1102  budgetary deficits pursuant to s. 718.116 shall be deemed to
 1103  have assumed and is liable for all obligations of the developer
 1104  with respect to such guarantee, including any applicable funding
 1105  of reserves to the extent required by law, for as long as the
 1106  guarantee remains in effect. A bulk assignee not receiving an
 1107  assignment of the right of the developer to guarantee the level
 1108  of assessments and fund budgetary deficits pursuant to s.
 1109  718.116 or a bulk buyer is not deemed to have assumed and is not
 1110  liable for the obligations of the developer with respect to such
 1111  guarantee, but is responsible for payment of assessments in the
 1112  same manner as all other owners of condominium parcels.
 1113         (3)A bulk buyer is liable for the duties and
 1114  responsibilities of the developer under the declaration and this
 1115  chapter only to the extent provided in this part, together with
 1116  any other duties or responsibilities of the developer expressly
 1117  assumed in writing by the bulk buyer.
 1118         (4)An acquirer of condominium parcels is not considered a
 1119  bulk assignee or a bulk buyer if the transfer to such acquirer
 1120  was made with the intent to hinder, delay, or defraud any
 1121  purchaser, unit owner, or the association, or if the acquirer is
 1122  a person who would constitute an insider under s. 726.102(7).
 1123         (5)An assignment of developer rights to a bulk assignee
 1124  may be made by the developer, a previous bulk assignee, or a
 1125  court of competent jurisdiction acting on behalf of the
 1126  developer or the previous bulk assignee. At any particular time,
 1127  there may be no more than one bulk assignee within a
 1128  condominium, but there may be more than one bulk buyer. If more
 1129  than one acquirer of condominium parcels receives an assignment
 1130  of developer rights from the same person, the bulk assignee is
 1131  the acquirer whose instrument of assignment is recorded first in
 1132  applicable public records.
 1133         718.705Board of administration; transfer of control.—
 1134         (1)For purposes of determining the timing for transfer of
 1135  control of the board of administration of the association to
 1136  unit owners other than the developer under s. 718.301(1)(a) and
 1137  (b), if a bulk assignee is entitled to elect a majority of the
 1138  members of the board, a condominium parcel acquired by the bulk
 1139  assignee shall not be deemed to be conveyed to a purchaser, or
 1140  to be owned by an owner other than the developer, until such
 1141  condominium parcel is conveyed to an owner who is not a bulk
 1142  assignee.
 1143         (2)Unless control of the board of administration of the
 1144  association has already been relinquished pursuant to s.
 1145  718.301(1), the bulk assignee is obligated to relinquish control
 1146  of the association in accordance with s. 718.301 and this part.
 1147         (3)When a bulk assignee relinquishes control of the board
 1148  of administration as set forth in s. 718.301, the bulk assignee
 1149  shall deliver all of those items required by s. 718.301(4).
 1150  However, the bulk assignee is not required to deliver items and
 1151  documents not in the possession of the bulk assignee during the
 1152  period during which the bulk assignee was the owner of
 1153  condominium parcels. In conjunction with acquisition of
 1154  condominium parcels, a bulk assignee shall undertake a good
 1155  faith effort to obtain the documents and materials required to
 1156  be provided to the association pursuant to s. 718.301(4). To the
 1157  extent the bulk assignee is not able to obtain all of such
 1158  documents and materials, the bulk assignee shall certify in
 1159  writing to the association the names or descriptions of the
 1160  documents and materials that were not obtainable by the bulk
 1161  assignee. Delivery of the certificate relieves the bulk assignee
 1162  of responsibility for the delivery of the documents and
 1163  materials referenced in the certificate as otherwise required
 1164  under ss. 718.112 and 718.301 and this part. The responsibility
 1165  of the bulk assignee for the audit required by s. 718.301(4)
 1166  shall commence as of the date on which the bulk assignee elected
 1167  a majority of the members of the board of administration.
 1168         (4)If a conflict arises between the provisions or
 1169  application of this section and s. 718.301, this section shall
 1170  prevail.
 1171         (5)Failure of a bulk assignee or bulk buyer to comply with
 1172  all the requirements contained in this part shall result in the
 1173  loss of any and all protections or exemptions provided under
 1174  this part.
 1175         718.706Specific provisions pertaining to offering of units
 1176  by a bulk assignee or bulk buyer.—
 1177         (1)Before offering any units for sale or for lease for a
 1178  term exceeding 5 years, a bulk assignee or a bulk buyer shall
 1179  file the following documents with the division and provide such
 1180  documents to a prospective purchaser:
 1181         (a)An updated prospectus or offering circular, or a
 1182  supplement to the prospectus or offering circular, filed by the
 1183  creating developer prepared in accordance with s. 718.504, which
 1184  shall include the form of contract for purchase and sale in
 1185  compliance with s. 718.503(2);
 1186         (b)An updated Frequently Asked Questions and Answers
 1187  sheet;
 1188         (c)The executed escrow agreement if required under s.
 1189  718.202; and
 1190         (d)The financial information required by s. 718.111(13).
 1191  However, if a financial information report does not exist for
 1192  the fiscal year before acquisition of title by the bulk assignee
 1193  or bulk buyer, or accounting records cannot be obtained in good
 1194  faith by the bulk assignee or the bulk buyer which would permit
 1195  preparation of the required financial information report, the
 1196  bulk assignee or bulk buyer is excused from the requirement of
 1197  this paragraph. However, the bulk assignee or bulk buyer must
 1198  include in the purchase contract the following statement in
 1199  conspicuous type:
 1200         THE FINANCIAL INFORMATION REPORT REQUIRED UNDER S.
 1201         718.111(13) FOR THE IMMEDIATELY PRECEDING FISCAL YEAR
 1202         OF THE ASSOCIATION IS NOT AVAILABLE OR CANNOT BE
 1203         CREATED BY THE SELLER AS A RESULT OF INSUFFICIENT
 1204         ACCOUNTING RECORDS OF THE ASSOCIATION.
 1205         (2)Before offering any units for sale or for lease for a
 1206  term exceeding 5 years, a bulk assignee shall file with the
 1207  division and provide to a prospective purchaser a disclosure
 1208  statement that must include, but is not limited to:
 1209         (a)A description to the purchaser of any rights of the
 1210  developer which have been assigned to the bulk assignee;
 1211         (b)The following statement in conspicuous type:
 1212         THE SELLER IS NOT OBLIGATED FOR ANY WARRANTIES OF THE
 1213         DEVELOPER UNDER S. 718.203(1) OR S. 718.618, AS
 1214         APPLICABLE, EXCEPT FOR DESIGN, CONSTRUCTION,
 1215         DEVELOPMENT, OR REPAIR WORK PERFORMED BY OR ON BEHALF
 1216         OF SELLER; and
 1217         (c)If the condominium is a conversion subject to part VI,
 1218  the following statement in conspicuous type:
 1219         THE SELLER HAS NO OBLIGATION TO FUND CONVERTER
 1220         RESERVES OR TO PROVIDE CONVERTER WARRANTIES UNDER S.
 1221         718.618 ON ANY PORTION OF THE CONDOMINIUM PROPERTY
 1222         EXCEPT AS MAY BE EXPRESSLY REQUIRED OF THE SELLER IN
 1223         THE CONTRACT FOR PURCHASE AND SALE EXECUTED BY THE
 1224         SELLER AND THE PREVIOUS DEVELOPER AND PERTAINING TO
 1225         ANY DESIGN, CONSTRUCTION, DEVELOPMENT, OR REPAIR WORK
 1226         PERFORMED BY OR ON BEHALF OF THE SELLER.
 1227         (3)In addition to the requirements set forth in subsection
 1228  (1), a bulk assignee or bulk buyer must comply with the
 1229  nondeveloper disclosure requirements set forth in s. 718.503(2)
 1230  before offering any units for sale or for lease for a term
 1231  exceeding 5 years.
 1232         (4)A bulk assignee, while it is in control of the board of
 1233  administration of the association, may not authorize, on behalf
 1234  of the association:
 1235         (a)The waiver of reserves or the reduction of funding of
 1236  the reserves in accordance with s. 718.112(2)(f)2., unless
 1237  approved by a majority of the voting interests not controlled by
 1238  the developer, bulk assignee, and bulk buyer; or
 1239         (b)The use of reserve expenditures for other purposes in
 1240  accordance with s. 718.112(2)(f)3., unless approved by a
 1241  majority of the voting interests not controlled by the
 1242  developer, bulk assignee, and bulk buyer.
 1243         (5)A bulk assignee, while it is in control of the board of
 1244  administration of the association, shall comply with the
 1245  requirements imposed upon developers to transfer control of the
 1246  association to the unit owners in accordance with s. 718.301.
 1247         (6)A bulk assignee or a bulk buyer shall comply with all
 1248  the requirements of s. 718.302 regarding any contracts entered
 1249  into by the association during the period the bulk assignee or
 1250  bulk buyer maintains control of the board of administration.
 1251  Unit owners shall be afforded all the protections contained in
 1252  s. 718.302 regarding agreements entered into by the association
 1253  before unit owners other than the developer, bulk assignee, or
 1254  bulk buyer elected a majority of the board of administration.
 1255         (7)A bulk buyer shall comply with the requirements
 1256  contained in the declaration regarding any transfer of a unit,
 1257  including sales, leases, and subleases. A bulk buyer is not
 1258  entitled to any exemptions afforded a developer or successor
 1259  developer under this chapter regarding any transfer of a unit,
 1260  including sales, leases, or subleases.
 1261         718.707Time limitation for classification as bulk assignee
 1262  or bulk buyer.—A person acquiring condominium parcels may not be
 1263  classified as a bulk assignee or bulk buyer unless the
 1264  condominium parcels were acquired before July 1, 2011. The date
 1265  of such acquisition shall be determined by the date of recording
 1266  of a deed or other instrument of conveyance for such parcels in
 1267  the public records of the county in which the condominium is
 1268  located, or by the date of issuance of a certificate of title in
 1269  a foreclosure proceeding with respect to such condominium
 1270  parcels.
 1271         718.708Liability of developers and others.—An assignment
 1272  of developer rights to a bulk assignee or bulk buyer does not
 1273  release the developer from any liabilities under the declaration
 1274  or this chapter. This part does not limit the liability of the
 1275  developer for claims brought by unit owners, bulk assignees, or
 1276  bulk buyers for violations of this chapter by the developer,
 1277  unless specifically excluded in this part. Nothing contained
 1278  within this part waives, releases, compromises, or limits the
 1279  liability of contractors, subcontractors, materialmen,
 1280  manufacturers, architects, engineers, or any participant in the
 1281  design or construction of a condominium for any claim brought by
 1282  an association, unit owners, bulk assignees, or bulk buyers
 1283  arising from the design of the condominium, construction
 1284  defects, misrepresentations associated with condominium
 1285  property, or violations of this chapter, unless specifically
 1286  excluded in this part.
 1287         Section 10. Subsections (3) and (4) of section 719.108,
 1288  Florida Statutes, are amended, and subsection (10) is added to
 1289  that section, to read:
 1290         719.108 Rents and assessments; liability; lien and
 1291  priority; interest; collection; cooperative ownership.—
 1292         (3) Rents and assessments, and installments on them, not
 1293  paid when due bear interest at the rate provided in the
 1294  cooperative documents from the date due until paid. This rate
 1295  may not exceed the rate allowed by law, and, if no rate is
 1296  provided in the cooperative documents, then interest shall
 1297  accrue at 18 percent per annum. Also, if the cooperative
 1298  documents or bylaws so provide, the association may charge an
 1299  administrative late fee in addition to such interest, in an
 1300  amount not to exceed the greater of $25 or 5 percent of each
 1301  installment of the assessment for each delinquent installment
 1302  that the payment is late. Costs to the unit owner secured by the
 1303  association’s claim of lien with regard to collection letters or
 1304  any other collection efforts by management companies or licensed
 1305  managers as to any delinquent installment of an assessment may
 1306  not exceed $75 unless the management company prepares any letter
 1307  or estoppel certificate required by this chapter and charges a
 1308  reasonable fee related to the preparation of such letter or
 1309  estoppel certificate. Any payment received by an association
 1310  shall be applied first to any interest accrued by the
 1311  association, then to any administrative late fee, then to any
 1312  costs and reasonable attorney’s fees incurred in collection,
 1313  then to any reasonable costs for collection services for which
 1314  the association has contracted, and then to the delinquent
 1315  assessment. The foregoing shall be applicable notwithstanding
 1316  any restrictive endorsement, designation, or instruction placed
 1317  on or accompanying a payment. A late fee is not subject to
 1318  chapter 687 or s. 719.303(3).
 1319         (4) The association shall have a lien on each cooperative
 1320  parcel for any unpaid rents and assessments, plus interest, any
 1321  authorized administrative late fees, and any reasonable costs
 1322  for collection services for which the association has contracted
 1323  against the unit owner of the cooperative parcel. If authorized
 1324  by the cooperative documents, said lien shall also secure
 1325  reasonable attorney’s fees incurred by the association incident
 1326  to the collection of the rents and assessments or enforcement of
 1327  such lien. The lien is effective from and after the recording of
 1328  a claim of lien in the public records in the county in which the
 1329  cooperative parcel is located which states the description of
 1330  the cooperative parcel, the name of the unit owner, the amount
 1331  due, and the due dates. The lien shall expire if a claim of lien
 1332  is not filed within 1 year after the date the assessment was
 1333  due, and no such lien shall continue for a longer period than 1
 1334  year after the claim of lien has been recorded unless, within
 1335  that time, an action to enforce the lien is commenced in a court
 1336  of competent jurisdiction. Except as otherwise provided in this
 1337  chapter, a lien may not be filed by the association against a
 1338  cooperative parcel until 30 days after the date on which a
 1339  notice of intent to file a lien has been delivered to the owner
 1340  by registered or certified mail, return receipt requested, and
 1341  by first-class United States mail to the owner at his or her
 1342  last address in the records of the association, if the address
 1343  is within the United States, and delivered to the owner at the
 1344  address of the unit if the owner’s address as reflected in the
 1345  records of the association is not the unit address. If the
 1346  address in the records is outside the United States, notice
 1347  shall be sent to that address and to the unit address by first
 1348  class United States mail. Delivery of the notice shall be deemed
 1349  given upon mailing as required by this subsection. No lien may
 1350  be filed by the association against a cooperative parcel until
 1351  30 days after the date on which a notice of intent to file a
 1352  lien has been served on the unit owner of the cooperative parcel
 1353  by certified mail or by personal service in the manner
 1354  authorized by chapter 48 and the Florida Rules of Civil
 1355  Procedure.
 1356         (10)If the share is occupied by a tenant and the share
 1357  owner is delinquent in the payment of regular assessments, the
 1358  association may demand that the tenant pay to the association
 1359  the future regular assessments related to the condominium share.
 1360  The demand is continuing in nature, and upon demand, the tenant
 1361  shall continue to pay the regular assessments to the association
 1362  until the association releases the tenant or the tenant
 1363  discontinues tenancy in the share. The association shall mail
 1364  written notice to the share owner of the association’s demand
 1365  that the tenant pay regular assessments to the association. The
 1366  tenant is not liable for increases in the amount of the regular
 1367  assessment due unless the tenant was reasonably notified of the
 1368  increase before the day on which the rent is due. The liability
 1369  of the tenant may not exceed the amount due from the tenant to
 1370  the tenants’ landlord. The tenant’s landlord shall provide the
 1371  tenant a credit against rents due to the unit owner in the
 1372  amount of assessments paid to the association under this
 1373  section. The association shall, upon request, provide the tenant
 1374  with written receipts for payments made. The association may
 1375  issue notices under s. 83.56 and may sue for eviction under ss.
 1376  83.59-83.625 as if the association were a landlord under part II
 1377  of chapter 83 if the tenant fails to pay an assessment. However,
 1378  the association is not otherwise considered a landlord under
 1379  chapter 83 and specifically has no duties under s. 83.51. The
 1380  tenant does not, by virtue of payment of assessments, have any
 1381  of the rights of a share owner to vote in any election or to
 1382  examine the books and records of the association. A court may
 1383  supersede the effect of this subsection by appointing a
 1384  receiver.
 1385         Section 11. Paragraph (b) of subsection (2) of section
 1386  720.304, Florida Statutes, is amended to read:
 1387         720.304 Right of owners to peaceably assemble; display of
 1388  flag; SLAPP suits prohibited.—
 1389         (2)
 1390         (b) Any homeowner may erect a freestanding flagpole no more
 1391  than 20 feet high on any portion of the homeowner’s real
 1392  property, regardless of any covenants, restrictions, bylaws,
 1393  rules, or requirements of the association, if the flagpole does
 1394  not obstruct sightlines at intersections and is not erected
 1395  within or upon an easement. The homeowner may further display in
 1396  a respectful manner from that flagpole, regardless of any
 1397  covenants, restrictions, bylaws, rules, or requirements of the
 1398  association, one official United States flag, not larger than 4
 1399  1/2 feet by 6 feet, and may additionally display one official
 1400  flag of the State of Florida or the United States Army, Navy,
 1401  Air Force, Marines, or Coast Guard, or a POW-MIA flag. Such
 1402  additional flag must be equal in size to or smaller than the
 1403  United States flag. The flagpole and display are subject to all
 1404  building codes, zoning setbacks, and other applicable
 1405  governmental regulations, including, but not limited to, noise
 1406  and lighting ordinances in the county or municipality in which
 1407  the flag pole is erected.
 1408         Section 12. Subsection (2) of section 720.305, Florida
 1409  Statutes, is amended to read:
 1410         720.305 Obligations of members; remedies at law or in
 1411  equity; levy of fines and suspension of use rights.—
 1412         (2) If a member is delinquent for more than 90 days in the
 1413  payment of a regular or special assessment or if the governing
 1414  documents so provide, an association may suspend, for a
 1415  reasonable period of time, the rights of a member or a member’s
 1416  tenants, guests, or invitees, or both, to use common areas and
 1417  facilities and may levy reasonable fines of up to, not to exceed
 1418  $100 per violation, against any member or any tenant, guest, or
 1419  invitee. A fine may be levied on the basis of each day of a
 1420  continuing violation, with a single notice and opportunity for
 1421  hearing, except that a no such fine may not shall exceed $1,000
 1422  in the aggregate unless otherwise provided in the governing
 1423  documents. A fine of less than $1,000 may shall not become a
 1424  lien against a parcel. In any action to recover a fine, the
 1425  prevailing party is entitled to collect its reasonable
 1426  attorney’s fees and costs from the nonprevailing party as
 1427  determined by the court. The provisions regarding the
 1428  suspension-of-use rights do not apply to the portion of common
 1429  areas that must be used to provide access to the parcel or
 1430  utility services provided to the parcel.
 1431         (a) A fine or suspension may not be imposed without notice
 1432  of at least 14 days to the person sought to be fined or
 1433  suspended and an opportunity for a hearing before a committee of
 1434  at least three members appointed by the board who are not
 1435  officers, directors, or employees of the association, or the
 1436  spouse, parent, child, brother, or sister of an officer,
 1437  director, or employee. If the committee, by majority vote, does
 1438  not approve a proposed fine or suspension, it may not be
 1439  imposed.
 1440         (b) The requirements of this subsection do not apply to the
 1441  imposition of suspensions or fines upon any member because of
 1442  the failure of the member to pay assessments or other charges
 1443  when due if such action is authorized by the governing
 1444  documents. If such a fine or suspension is imposed, the
 1445  association must levy the fine or impose a reasonable suspension
 1446  at a properly noticed board meeting, and after the imposition of
 1447  such fine or suspension, the association must notify the owner
 1448  and, if applicable, the unit’s occupant, licensee, or invitee by
 1449  mail or hand delivery.
 1450         (c) Suspension of common-area-use rights shall not impair
 1451  the right of an owner or tenant of a parcel to have vehicular
 1452  and pedestrian ingress to and egress from the parcel, including,
 1453  but not limited to, the right to park.
 1454         Section 13. Subsection (8) is added to section 720.3085,
 1455  Florida Statutes, to read:
 1456         720.3085 Payment for assessments; lien claims.—
 1457         (8)If the parcel is occupied by a tenant and the parcel
 1458  owner is delinquent in the payment of regular assessments, the
 1459  association may demand that the tenant pay to the association
 1460  the future regular assessments related to the parcel. The demand
 1461  is continuing in nature, and upon demand, the tenant shall
 1462  continue to pay the regular assessments to the association until
 1463  the association releases the tenant or the tenant discontinues
 1464  tenancy in the parcel. The association shall mail written notice
 1465  to the parcel owner of the association’s demand that the tenant
 1466  pay regular assessments to the association. The tenant is not
 1467  liable for increases in the amount of the regular assessment due
 1468  unless the tenant was reasonably notified of the increase before
 1469  the day on which the rent is due. The tenant shall be given a
 1470  credit against rents due to the parcel owner in the amount of
 1471  assessments paid to the association. The association shall, upon
 1472  request, provide the tenant with written receipts for payments
 1473  made. The association may issue notices under s. 83.56 and may
 1474  sue for eviction under ss. 83.59-83.625 as if the association
 1475  were a landlord under part II of chapter 83 if the tenant fails
 1476  to pay an assessment. However, the association is not otherwise
 1477  considered a landlord under chapter 83 and specifically has no
 1478  duties under s. 83.51. The tenant does not, by virtue of payment
 1479  of assessments, have any of the rights of a parcel owner to vote
 1480  in any election or to examine the books and records of the
 1481  association. A court may supersede the effect of this subsection
 1482  by appointing a receiver.
 1483         Section 14. Subsection (6) is added to section 720.31,
 1484  Florida Statutes, to read:
 1485         720.31 Recreational leaseholds; right to acquire;
 1486  escalation clauses.—
 1487         (6)An association may enter into agreements to acquire
 1488  leaseholds, memberships, and other possessory or use interests
 1489  in lands or facilities such as country clubs, golf courses,
 1490  marinas, and other recreational facilities. An association may
 1491  enter into such agreements regardless of whether the lands or
 1492  facilities are contiguous to the lands of the community or
 1493  whether such lands or facilities are intended to provide
 1494  enjoyment, recreation, or other use or benefit to the owners.
 1495  All leaseholds, memberships, and other possessory or use
 1496  interests existing or created at the time of recording the
 1497  declaration must be stated and fully described in the
 1498  declaration. Subsequent to the recording of the declaration,
 1499  agreements acquiring leaseholds, memberships, or other
 1500  possessory or use interests not entered into within 12 months
 1501  following the recording of the declaration may be entered into
 1502  only if authorized by the declaration for material alterations
 1503  or substantial additions to the common areas or association
 1504  property. If the declaration is silent, any such transaction
 1505  requires the approval of 75 percent of the total voting
 1506  interests of the association. The declaration may provide that
 1507  the rental, membership fees, operations, replacements, or other
 1508  expenses are common expenses; impose covenants and restrictions
 1509  concerning their use; and contain other provisions not
 1510  inconsistent with this subsection. An association exercising its
 1511  rights under this subsection may join with other associations
 1512  that are part of the same development or with a master
 1513  association responsible for the enforcement of shared covenants,
 1514  conditions, and restrictions in carrying out the intent of this
 1515  subsection.
 1516         Section 15. Subsection (17) of section 721.05, Florida
 1517  Statutes, is amended to read:
 1518         721.05 Definitions.—As used in this chapter, the term:
 1519         (17) “Facility” means any permanent amenity, including any
 1520  structure, furnishing, fixture, equipment, service, improvement,
 1521  or real or personal property, improved or unimproved, other than
 1522  an accommodation of the timeshare plan, which is made available
 1523  to the purchasers of a timeshare plan. The term does not include
 1524  an incidental benefit as defined in this section.
 1525         Section 16. Subsection (2) of section 553.509, Florida
 1526  Statutes, is repealed.
 1527         Section 17. Paragraph (b) of subsection (2), paragraphs (a)
 1528  and (c) of subsection (5), and paragraphs (b), (c), (d), (f),
 1529  and (g) of subsection (6) of section 720.303, Florida Statutes,
 1530  are amended, and subsection (12) is added to that section, to
 1531  read:
 1532         720.303 Association powers and duties; meetings of board;
 1533  official records; budgets; financial reporting; association
 1534  funds; recalls.—
 1535         (2) BOARD MEETINGS.—
 1536         (b) Members have the right to attend all meetings of the
 1537  board and to speak on any matter placed on the agenda by
 1538  petition of the voting interests for at least 3 minutes. The
 1539  association may adopt written reasonable rules expanding the
 1540  right of members to speak and governing the frequency, duration,
 1541  and other manner of member statements, which rules must be
 1542  consistent with this paragraph and may include a sign-up sheet
 1543  for members wishing to speak. Notwithstanding any other law, the
 1544  requirement that board meetings and committee meetings be open
 1545  to the members is inapplicable to meetings between the board or
 1546  a committee and the association’s attorney to discuss proposed
 1547  or pending litigation, or with respect to meetings of the board
 1548  held for the purpose of discussing personnel matters are not
 1549  required to be open to the members.
 1550         (5) INSPECTION AND COPYING OF RECORDS.—The official records
 1551  shall be maintained within the state and must be open to
 1552  inspection and available for photocopying by members or their
 1553  authorized agents at reasonable times and places within 10
 1554  business days after receipt of a written request for access.
 1555  This subsection may be complied with by having a copy of the
 1556  official records available for inspection or copying in the
 1557  community. If the association has a photocopy machine available
 1558  where the records are maintained, it must provide parcel owners
 1559  with copies on request during the inspection if the entire
 1560  request is limited to no more than 25 pages.
 1561         (a) The failure of an association to provide access to the
 1562  records within 10 business days after receipt of a written
 1563  request submitted by certified mail, return receipt requested,
 1564  creates a rebuttable presumption that the association willfully
 1565  failed to comply with this subsection.
 1566         (c) The association may adopt reasonable written rules
 1567  governing the frequency, time, location, notice, records to be
 1568  inspected, and manner of inspections, but may not require impose
 1569  a requirement that a parcel owner to demonstrate any proper
 1570  purpose for the inspection, state any reason for the inspection,
 1571  or limit a parcel owner’s right to inspect records to less than
 1572  one 8-hour business day per month. The association may impose
 1573  fees to cover the costs of providing copies of the official
 1574  records, including, without limitation, the costs of copying.
 1575  The association may charge up to 50 cents per page for copies
 1576  made on the association’s photocopier. If the association does
 1577  not have a photocopy machine available where the records are
 1578  kept, or if the records requested to be copied exceed 25 pages
 1579  in length, the association may have copies made by an outside
 1580  vendor or association management company personnel and may
 1581  charge the actual cost of copying, including any reasonable
 1582  costs involving personnel fees and charges at an hourly rate for
 1583  employee time to cover administrative costs to the association.
 1584  The association shall maintain an adequate number of copies of
 1585  the recorded governing documents, to ensure their availability
 1586  to members and prospective members. Notwithstanding the
 1587  provisions of this paragraph, the following records are shall
 1588  not be accessible to members or parcel owners:
 1589         1. Any record protected by the lawyer-client privilege as
 1590  described in s. 90.502 and any record protected by the work
 1591  product privilege, including, but not limited to, any record
 1592  prepared by an association attorney or prepared at the
 1593  attorney’s express direction which reflects a mental impression,
 1594  conclusion, litigation strategy, or legal theory of the attorney
 1595  or the association and which was prepared exclusively for civil
 1596  or criminal litigation or for adversarial administrative
 1597  proceedings or which was prepared in anticipation of imminent
 1598  civil or criminal litigation or imminent adversarial
 1599  administrative proceedings until the conclusion of the
 1600  litigation or adversarial administrative proceedings.
 1601         2. Information obtained by an association in connection
 1602  with the approval of the lease, sale, or other transfer of a
 1603  parcel.
 1604         3. Disciplinary, health, insurance, and personnel records,
 1605  including payroll records, of the association’s employees.
 1606         4. Medical records of parcel owners or community residents.
 1607         (6) BUDGETS.—
 1608         (b) In addition to annual operating expenses, the budget
 1609  may include reserve accounts for capital expenditures and
 1610  deferred maintenance for which the association is responsible.
 1611  If reserve accounts are not established pursuant to paragraph
 1612  (d), funding of such reserves shall be limited to the extent
 1613  that the governing documents do not limit increases in
 1614  assessments, including reserves. If the budget of the
 1615  association includes reserve accounts established pursuant to
 1616  paragraph (d), such reserves shall be determined, maintained,
 1617  and waived in the manner provided in this subsection. Once an
 1618  association provides for reserve accounts pursuant to paragraph
 1619  (d) in the budget, the association shall thereafter determine,
 1620  maintain, and waive reserves in compliance with this subsection.
 1621  The provisions of this section do not preclude the termination
 1622  of a reserve account established pursuant to this paragraph upon
 1623  approval of a majority of the voting interests of the
 1624  association. Upon such approval, the terminating reserve account
 1625  shall be removed from the budget.
 1626         (c)1. If the budget of the association does not provide for
 1627  reserve accounts pursuant to paragraph (d) governed by this
 1628  subsection and the association is responsible for the repair and
 1629  maintenance of capital improvements that may result in a special
 1630  assessment if reserves are not provided, each financial report
 1631  for the preceding fiscal year required by subsection (7) shall
 1632  contain the following statement in conspicuous type: THE BUDGET
 1633  OF THE ASSOCIATION DOES NOT PROVIDE FOR RESERVE ACCOUNTS FOR
 1634  CAPITAL EXPENDITURES AND DEFERRED MAINTENANCE THAT MAY RESULT IN
 1635  SPECIAL ASSESSMENTS. OWNERS MAY ELECT TO PROVIDE FOR RESERVE
 1636  ACCOUNTS PURSUANT TO THE PROVISIONS OF SECTION 720.303(6),
 1637  FLORIDA STATUTES, UPON OBTAINING THE APPROVAL OF NOT LESS THAN A
 1638  MAJORITY OF THE TOTAL VOTING INTERESTS OF THE ASSOCIATION BY
 1639  VOTE OF THE MEMBERS AT A MEETING OR BY WRITTEN CONSENT.
 1640         2.If the budget of the association does provide for
 1641  funding accounts for deferred expenditures, including, but not
 1642  limited to, funds for capital expenditures and deferred
 1643  maintenance, but such accounts are not created or established
 1644  pursuant to paragraph (d), each financial report for the
 1645  preceding fiscal year required under subsection (7) must also
 1646  contain the following statement in conspicuous type: THE BUDGET
 1647  OF THE ASSOCIATION DOES PROVIDE FOR LIMITED VOLUNTARY DEFERRED
 1648  EXPENDITURE ACCOUNTS, INCLUDING CAPITAL EXPENDITURES AND
 1649  DEFERRED MAINTENANCE, SUBJECT TO LIMITS ON FUNDING CONTAINED IN
 1650  OUR GOVERNING DOCUMENTS. BECAUSE THE OWNERS HAVE NOT ELECTED TO
 1651  PROVIDE FOR RESERVE ACCOUNTS PURSUANT TO SECTION 720.303(6),
 1652  FLORIDA STATUTES, THESE FUNDS ARE NOT SUBJECT TO THE
 1653  RESTRICTIONS ON USE OF SUCH FUNDS SET FORTH IN THAT STATUTE, NOR
 1654  ARE RESERVES CALCULATED IN ACCORDANCE WITH THAT STATUTE.
 1655         (d) An association shall be deemed to have provided for
 1656  reserve accounts if when reserve accounts have been initially
 1657  established by the developer or if when the membership of the
 1658  association affirmatively elects to provide for reserves. If
 1659  reserve accounts are not initially provided for by the
 1660  developer, the membership of the association may elect to do so
 1661  upon the affirmative approval of not less than a majority of the
 1662  total voting interests of the association. Such approval may be
 1663  obtained attained by vote of the members at a duly called
 1664  meeting of the membership or by the upon a written consent of
 1665  executed by not less than a majority of the total voting
 1666  interests in the community. The approval action of the
 1667  membership shall state that reserve accounts shall be provided
 1668  for in the budget and shall designate the components for which
 1669  the reserve accounts are to be established. Upon approval by the
 1670  membership, the board of directors shall include provide for the
 1671  required reserve accounts for inclusion in the budget in the
 1672  next fiscal year following the approval and in each year
 1673  thereafter. Once established as provided in this subsection, the
 1674  reserve accounts shall be funded or maintained or shall have
 1675  their funding waived in the manner provided in paragraph (f).
 1676         (f) After one or more Once a reserve account or reserve
 1677  accounts are established, the membership of the association,
 1678  upon a majority vote at a meeting at which a quorum is present,
 1679  may provide for no reserves or less reserves than required by
 1680  this section. If a meeting of the unit owners has been called to
 1681  determine whether to waive or reduce the funding of reserves and
 1682  no such result is achieved or a quorum is not present, the
 1683  reserves as included in the budget shall go into effect. After
 1684  the turnover, the developer may vote its voting interest to
 1685  waive or reduce the funding of reserves. Any vote taken pursuant
 1686  to this subsection to waive or reduce reserves is shall be
 1687  applicable only to one budget year.
 1688         (g) Funding formulas for reserves authorized by this
 1689  section shall be based on either a separate analysis of each of
 1690  the required assets or a pooled analysis of two or more of the
 1691  required assets.
 1692         1. If the association maintains separate reserve accounts
 1693  for each of the required assets, the amount of the contribution
 1694  to each reserve account is shall be the sum of the following two
 1695  calculations:
 1696         a. The total amount necessary, if any, to bring a negative
 1697  component balance to zero.
 1698         b. The total estimated deferred maintenance expense or
 1699  estimated replacement cost of the reserve component less the
 1700  estimated balance of the reserve component as of the beginning
 1701  of the period for which the budget will be in effect. The
 1702  remainder, if greater than zero, shall be divided by the
 1703  estimated remaining useful life of the component.
 1704  
 1705  The formula may be adjusted each year for changes in estimates
 1706  and deferred maintenance performed during the year and may
 1707  include factors such as inflation and earnings on invested
 1708  funds.
 1709         2. If the association maintains a pooled account of two or
 1710  more of the required reserve assets, the amount of the
 1711  contribution to the pooled reserve account as disclosed on the
 1712  proposed budget may shall not be less than that required to
 1713  ensure that the balance on hand at the beginning of the period
 1714  for which the budget will go into effect plus the projected
 1715  annual cash inflows over the remaining estimated useful life of
 1716  all of the assets that make up the reserve pool are equal to or
 1717  greater than the projected annual cash outflows over the
 1718  remaining estimated useful lives of all of the assets that make
 1719  up the reserve pool, based on the current reserve analysis. The
 1720  projected annual cash inflows may include estimated earnings
 1721  from investment of principal and accounts receivable minus the
 1722  allowance for doubtful accounts. The reserve funding formula may
 1723  shall not include any type of balloon payments.
 1724         (12)COMPENSATION PROHIBITED.—A director, officer, or
 1725  committee member of the association may not directly receive any
 1726  salary or compensation from the association for the performance
 1727  of duties as a director, officer, or committee member and may
 1728  not in any other way benefit financially from service to the
 1729  association. This subsection does not preclude:
 1730         (a)Participation by such person in a financial benefit
 1731  accruing to all or a significant number of members as a result
 1732  of actions lawfully taken by the board or a committee of which
 1733  he or she is a member, including, but not limited to, routine
 1734  maintenance, repair, or replacement of community assets.
 1735         (b)Reimbursement for out-of-pocket expenses incurred by
 1736  such person on behalf of the association, subject to approval in
 1737  accordance with procedures established by the association’s
 1738  governing documents or, in the absence of such procedures, in
 1739  accordance with an approval process established by the board.
 1740         (c)Any recovery of insurance proceeds derived from a
 1741  policy of insurance maintained by the association for the
 1742  benefit of its members.
 1743         (d)Any fee or compensation authorized in the governing
 1744  documents.
 1745         (e)Any fee or compensation authorized in advance by a vote
 1746  of a majority of the voting interests voting in person or by
 1747  proxy at a meeting of the members.
 1748         (f)A developer or its representative from serving as a
 1749  director, officer, or committee member of the association and
 1750  benefitting financially from service to the association.
 1751         Section 18. Subsections (8) and (9) of section 720.306,
 1752  Florida Statutes, are amended to read:
 1753         720.306 Meetings of members; voting and election
 1754  procedures; amendments.—
 1755         (8) PROXY VOTING.—The members have the right, unless
 1756  otherwise provided in this subsection or in the governing
 1757  documents, to vote in person or by proxy.
 1758         (a) To be valid, a proxy must be dated, must state the
 1759  date, time, and place of the meeting for which it was given, and
 1760  must be signed by the authorized person who executed the proxy.
 1761  A proxy is effective only for the specific meeting for which it
 1762  was originally given, as the meeting may lawfully be adjourned
 1763  and reconvened from time to time, and automatically expires 90
 1764  days after the date of the meeting for which it was originally
 1765  given. A proxy is revocable at any time at the pleasure of the
 1766  person who executes it. If the proxy form expressly so provides,
 1767  any proxy holder may appoint, in writing, a substitute to act in
 1768  his or her place.
 1769         (b)If the governing documents permit voting by secret
 1770  ballot by members who are not in attendance at a meeting of the
 1771  members for the election of directors, such ballots shall be
 1772  placed in an inner envelope with no identifying markings and
 1773  mailed or delivered to the association in an outer envelope
 1774  bearing identifying information reflecting the name of the
 1775  member, the lot or parcel for which the vote is being cast, and
 1776  the signature of the lot or parcel owner casting that ballot. If
 1777  the eligibility of the member to vote is confirmed and no other
 1778  ballot has been submitted for that lot or parcel, the inner
 1779  envelope shall be removed from the outer envelope bearing the
 1780  identification information, placed with the ballots which were
 1781  personally cast, and opened when the ballots are counted. If
 1782  more than one ballot is submitted for a lot or parcel, the
 1783  ballots for that lot or parcel shall be disqualified. Any vote
 1784  by ballot received after the closing of the balloting may not be
 1785  considered.
 1786         (9) ELECTIONS.—Elections of directors must be conducted in
 1787  accordance with the procedures set forth in the governing
 1788  documents of the association. All members of the association are
 1789  shall be eligible to serve on the board of directors, and a
 1790  member may nominate himself or herself as a candidate for the
 1791  board at a meeting where the election is to be held or, if the
 1792  election process allows voting by absentee ballot, in advance of
 1793  the balloting. Except as otherwise provided in the governing
 1794  documents, boards of directors must be elected by a plurality of
 1795  the votes cast by eligible voters. Any election dispute between
 1796  a member and an association must be submitted to mandatory
 1797  binding arbitration with the division. Such proceedings shall be
 1798  conducted in the manner provided by s. 718.1255 and the
 1799  procedural rules adopted by the division.
 1800         Section 19. Section 720.315, Florida Statutes, is created
 1801  to read:
 1802         720.315Passage of special assessments before turnover by
 1803  developer.—Before turnover, the board of directors controlled by
 1804  the developer may not levy a special assessment unless a
 1805  majority of the parcel owners other than the developer have
 1806  approved the special assessment by a majority vote at a duly
 1807  called special meeting of the membership at which a quorum is
 1808  present.
 1809         Section 20. Section 723.071, Florida Statutes, is amended
 1810  to read:
 1811         723.071 Sale of mobile home parks.—
 1812         (1)(a) If a mobile home park owner intends to offer offers
 1813  a mobile home park for sale, or if a mobile home park owner
 1814  receives a bona fide offer to purchase the park which she or he
 1815  intends to consider or make a counteroffer to, she or he shall
 1816  notify, by certified mail, the officers of the homeowners’
 1817  association created pursuant to ss. 723.075-723.079, and the
 1818  Florida Housing Finance Corporation, of the offer, or of her or
 1819  his intent to offer, stating the price and the terms and
 1820  conditions of sale, if the requirements of the homeowners’ offer
 1821  to purchase as set forth in subsection (2) have been met by the
 1822  homeowners’ association.
 1823         (b) The mobile home owners, by and through the association
 1824  defined in s. 723.075, shall have the right to purchase the
 1825  park, and the mobile home park owner is obligated to sell to the
 1826  home owners, provided the home owners meet the price and terms
 1827  and conditions of the mobile home park owner by executing a
 1828  contract with the park owner within 45 days, unless agreed to
 1829  otherwise, from the date of mailing of the notice and provided
 1830  they have complied with ss. 723.075-723.079. If a contract
 1831  between the park owner and the association is not executed
 1832  within such 45-day period, then, unless the park owner
 1833  thereafter elects to offer the park at a price lower than the
 1834  price specified in her or his notice to the officers of the
 1835  homeowners’ association, the park owner has no further
 1836  obligations under this subsection, and her or his only
 1837  obligation shall be as set forth in subsection (2).
 1838         (c) If the park owner thereafter elects to offer the park
 1839  at a price lower or higher than the price specified in her or
 1840  his notice to the home owners, the home owners, by and through
 1841  the association, will have an additional 21 10 days to meet the
 1842  price and terms and conditions of the park owner by executing a
 1843  contract. The homeowners, by and through the association, shall
 1844  have 21 days to meet the price and terms and conditions of a
 1845  counteroffer.
 1846         (2) If the mobile home owners, by and through the
 1847  association, have informed the mobile home park owner that they
 1848  are ready and willing to purchase the park, the park owner shall
 1849  comply with the provisions of subsection (1). The expression of
 1850  readiness and willingness to purchase the park must be renewed
 1851  annually by certified mail to the park owner and must include
 1852  information about the number of homeowners concurring; the date,
 1853  time, and place of the homeowners’ association meeting
 1854  authorizing the notice to be sent; and information concerning
 1855  the ability of the homeowners to purchase the park using the
 1856  income approach method to estimate the property value. If the
 1857  homeowners’ association has not substantially complied with this
 1858  requirement, the park owner has no obligation to comply with the
 1859  provisions of subsection (1). If a mobile home park owner
 1860  receives a bona fide offer to purchase the park that she or he
 1861  intends to consider or make a counteroffer to, the park owner’s
 1862  only obligation shall be to notify the officers of the
 1863  homeowners’ association that she or he has received an offer and
 1864  disclose the price and material terms and conditions upon which
 1865  she or he would consider selling the park and consider any offer
 1866  made by the home owners, provided the home owners have complied
 1867  with ss. 723.075-723.079. The park owner shall be under no
 1868  obligation to sell to the home owners or to interrupt or delay
 1869  other negotiations and shall be free at any time to execute a
 1870  contract for the sale of the park to a party or parties other
 1871  than the home owners or the association.
 1872         (3)(a)As used in subsections (1) and (2), the term
 1873  “notify” means the placing of a notice in the United States mail
 1874  addressed to the officers of the homeowners’ association. Each
 1875  such notice shall be deemed to have been given upon the deposit
 1876  of the notice in the United States mail.
 1877         (b)As used in subsection (1), the term “offer” means any
 1878  solicitation by the park owner to the general public.
 1879         (3)(4) This section does not apply to:
 1880         (a) Any sale or transfer to a person who would be included
 1881  within the table of descent and distribution if the park owner
 1882  were to die intestate.
 1883         (b) Any transfer by gift, devise, or operation of law.
 1884         (c) Any transfer by a corporation to an affiliate. As used
 1885  herein, the term “affiliate” means any shareholder of the
 1886  transferring corporation; any corporation or entity owned or
 1887  controlled, directly or indirectly, by the transferring
 1888  corporation; or any other corporation or entity owned or
 1889  controlled, directly or indirectly, by any shareholder of the
 1890  transferring corporation.
 1891         (d) Any transfer by a partnership to any of its partners.
 1892         (e) Any conveyance of an interest in a mobile home park
 1893  incidental to the financing of such mobile home park.
 1894         (f) Any conveyance resulting from the foreclosure of a
 1895  mortgage, deed of trust, or other instrument encumbering a
 1896  mobile home park or any deed given in lieu of such foreclosure.
 1897         (g) Any sale or transfer between or among joint tenants or
 1898  tenants in common owning a mobile home park.
 1899         (h) Any exchange of a mobile home park for other real
 1900  property, whether or not such exchange also involves the payment
 1901  of cash or other boot.
 1902         (i) The purchase of a mobile home park by a governmental
 1903  entity under its powers of eminent domain.
 1904         Section 21. This act shall take effect July 1, 2009.