Florida Senate - 2013                                     SB 436
       
       
       
       By Senator Altman
       
       
       
       
       16-00491-13                                            2013436__
    1                        A bill to be entitled                      
    2         An act relating to residential properties; amending s.
    3         399.02, F.S.; exempting certain elevators from
    4         specific code update requirements; amending s.
    5         718.112, F.S.; revising provisions relating to the
    6         terms of condominium board of administration members;
    7         revising condominium unit owner meeting notice
    8         requirements; providing for nonapplicability to
    9         associations governing timeshare condominiums of
   10         certain provisions relating to elections of board
   11         members; revising recordkeeping requirements of a
   12         condominium association board; requiring commencement
   13         of challenges to an election within a specified
   14         period; providing requirements for challenging the
   15         failure of a board to duly notice and hold the
   16         required board meeting or to file the required
   17         petition for a recall; providing requirements for
   18         recalled board members to challenge the recall;
   19         prohibiting the Division of Florida Condominiums,
   20         Timeshares, and Mobile Homes of the Department of
   21         Business and Professional Regulation from accepting
   22         recall petitions for filing under certain
   23         circumstances; amending s. 718.113, F.S.; providing
   24         requirements for a condominium association board
   25         relating to the installation of hurricane shutters,
   26         impact glass, code-compliant windows or doors, and
   27         other types of code-compliant hurricane protection
   28         under certain circumstances; amending s. 718.115,
   29         F.S.; conforming provisions to changes made by the
   30         act; amending s. 718.303, F.S.; revising provisions
   31         relating to imposing remedies against a noncompliant
   32         or delinquent condominium unit owner or member;
   33         revising voting requirements under certain conditions;
   34         amending s. 718.403, F.S.; providing requirements for
   35         the completion of phase condominiums; creating s.
   36         718.406, F.S.; providing definitions; providing
   37         requirements for condominiums created within
   38         condominium parcels; providing for the establishment
   39         of primary condominium and secondary condominium
   40         units; providing requirements for association
   41         declarations; authorizing a primary condominium
   42         association to provide insurance and adopt hurricane
   43         shutter or hurricane protection specifications under
   44         certain conditions; providing requirements relating to
   45         assessments; providing for resolution of conflicts
   46         between primary condominium declarations and secondary
   47         condominium declarations; providing requirements
   48         relating to common expenses due the primary
   49         condominium association; amending s. 718.5011, F.S.;
   50         revising the restriction on officers and full-time
   51         employees of the ombudsman from engaging in other
   52         businesses or professions; amending s. 719.104, F.S.;
   53         specifying additional records that are not accessible
   54         to unit owners; amending s. 719.1055, F.S.; revising
   55         provisions relating to the amendment of cooperative
   56         documents; providing legislative findings and a
   57         finding of compelling state interest; providing
   58         criteria for consent or joinder to an amendment;
   59         requiring notice regarding proposed amendments to
   60         mortgagees; providing criteria for notification;
   61         providing for voiding certain amendments; amending s.
   62         719.106, F.S.; revising applicability of certain board
   63         of administration meeting requirements; requiring
   64         commencement of challenges to an election within a
   65         specified period; providing requirements for
   66         challenging the failure of a board to duly notice and
   67         hold the required board meeting or to file the
   68         required petition for a recall; providing requirements
   69         for recalled board members to challenge the recall;
   70         prohibiting the division from accepting recall
   71         petitions for filing under certain circumstances;
   72         amending s. 719.303, F.S.; revising provisions
   73         relating to imposing remedies against a noncompliant
   74         or delinquent cooperative unit owner or member;
   75         revising voting requirements under certain conditions;
   76         amending s. 720.303, F.S.; revising the types of
   77         records that are not accessible to homeowners’
   78         association members and parcel owners; providing
   79         requirements for challenging the failure of a board to
   80         duly notice and hold the required board meeting or to
   81         file the required petition for a recall; providing
   82         requirements for recalled board members to challenge
   83         the recall; prohibiting the division from accepting
   84         recall petitions for filing under certain
   85         circumstances; amending s. 720.305, F.S.; revising
   86         provisions relating to imposing remedies against a
   87         noncompliant or delinquent homeowners’ association
   88         member and parcel owner; revising voting requirements
   89         under certain conditions; amending s. 720.306, F.S.;
   90         revising provisions relating to the amendment of
   91         homeowners’ association declarations; providing
   92         legislative findings and a finding of compelling state
   93         interest; providing criteria for consent or joinder to
   94         an amendment; requiring notice to mortgagees regarding
   95         proposed amendments; providing criteria for
   96         notification; providing for voiding certain
   97         amendments; revising provisions relating to right to
   98         speak at a homeowners’ association meeting; requiring
   99         commencement of challenges to an election within a
  100         specified period; providing an effective date.
  101  
  102  Be It Enacted by the Legislature of the State of Florida:
  103  
  104         Section 1. Subsection (9) of section 399.02, Florida
  105  Statutes, is amended to read:
  106         399.02 General requirements.—
  107         (9) Updates to the Safety Code for Existing Elevators and
  108  Escalators, ASME A17.1 and A17.3, which require Phase II
  109  Firefighters’ Service on elevators may not be enforced until
  110  July 1, 2015, or until the elevator is replaced or requires
  111  major modification, whichever occurs first, on elevators in
  112  condominiums or multifamily residential buildings, including
  113  those that are part of a continuing care facility licensed under
  114  chapter 651, or similar retirement community with apartments,
  115  having a certificate of occupancy by the local building
  116  authority that was issued before July 1, 2008. This exception
  117  does not prevent an elevator owner from requesting a variance
  118  from the applicable codes before or after July 1, 2015. This
  119  subsection does not prohibit the division from granting
  120  variances pursuant to s. 120.542 and subsection (8). The
  121  division shall adopt rules to administer this subsection.
  122         Section 2. Paragraphs (d) and (j) of subsection (2) of
  123  section 718.112, Florida Statutes, are amended to read:
  124         718.112 Bylaws.—
  125         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  126  following and, if they do not do so, shall be deemed to include
  127  the following:
  128         (d) Unit owner meetings.—
  129         1. An annual meeting of the unit owners shall be held at
  130  the location provided in the association bylaws and, if the
  131  bylaws are silent as to the location, the meeting shall be held
  132  within 45 miles of the condominium property. However, such
  133  distance requirement does not apply to an association governing
  134  a timeshare condominium.
  135         2. Unless the bylaws provide otherwise, a vacancy on the
  136  board caused by the expiration of a director’s term shall be
  137  filled by electing a new board member, and the election must be
  138  by secret ballot. An election is not required if the number of
  139  vacancies equals or exceeds the number of candidates. For
  140  purposes of this paragraph, the term “candidate” means an
  141  eligible person who has timely submitted the written notice, as
  142  described in sub-subparagraph 4.a., of his or her intention to
  143  become a candidate. Except in a timeshare condominium, or if the
  144  staggered term of a board member does not expire until a later
  145  annual meeting, or if all members’ terms would otherwise expire
  146  but there are no candidates, the terms of all board members
  147  expire at the annual meeting, and such members may stand for
  148  reelection unless prohibited by the bylaws. If the bylaws or
  149  articles of incorporation permit staggered terms of no more than
  150  2 years and upon approval of a majority of the total voting
  151  interests, the association board members may serve 2-year
  152  staggered terms. If the number of board members whose terms
  153  expire at the annual meeting equals or exceeds the number of
  154  candidates, the candidates become members of the board effective
  155  upon the adjournment of the annual meeting. Unless the bylaws
  156  provide otherwise, any remaining vacancies shall be filled by
  157  the affirmative vote of the majority of the directors making up
  158  the newly constituted board even if the directors constitute
  159  less than a quorum or there is only one director. In a
  160  condominium association of more than 10 units or in a
  161  condominium association that does not include timeshare units or
  162  timeshare interests, coowners of a unit may not serve as members
  163  of the board of directors at the same time unless they own more
  164  than one unit or unless there are not enough eligible candidates
  165  to fill the vacancies on the board at the time of the vacancy.
  166  Any unit owner desiring to be a candidate for board membership
  167  must comply with sub-subparagraph 4.a. and must be eligible to
  168  serve on the board of directors at the time of the deadline for
  169  submitting a notice of intent to run in order to have his or her
  170  name listed as a proper candidate on the ballot or to serve on
  171  the board. A person who has been suspended or removed by the
  172  division under this chapter, or who is delinquent in the payment
  173  of any fee, fine, or special or regular assessment as provided
  174  in paragraph (n), is not eligible for board membership. A person
  175  who has been convicted of any felony in this state or in a
  176  United States District or Territorial Court, or who has been
  177  convicted of any offense in another jurisdiction which would be
  178  considered a felony if committed in this state, is not eligible
  179  for board membership unless such felon’s civil rights have been
  180  restored for at least 5 years as of the date such person seeks
  181  election to the board. The validity of an action by the board is
  182  not affected if it is later determined that a board member is
  183  ineligible for board membership due to having been convicted of
  184  a felony.
  185         3. The bylaws must provide the method of calling meetings
  186  of unit owners, including annual meetings. Written notice must
  187  include an agenda, must be mailed, hand delivered, or
  188  electronically transmitted to each unit owner at least 14 days
  189  before the annual meeting, and must be posted in a conspicuous
  190  place on the condominium property at least 14 continuous days
  191  before the annual meeting. Upon notice to the unit owners, the
  192  board shall, by duly adopted rule, designate a specific location
  193  on the condominium property or association property where all
  194  notices of unit owner meetings shall be posted. This requirement
  195  does not apply if there is no condominium property or
  196  association property for posting notices. In lieu of, or in
  197  addition to, the physical posting of meeting notices, the
  198  association may, by reasonable rule, adopt a procedure for
  199  conspicuously posting and repeatedly broadcasting the notice and
  200  the agenda on a closed-circuit cable television system serving
  201  the condominium association. However, if broadcast notice is
  202  used in lieu of a notice posted physically on the condominium
  203  property, the notice and agenda must be broadcast at least four
  204  times every broadcast hour of each day that a posted notice is
  205  otherwise required under this section. If broadcast notice is
  206  provided, the notice and agenda must be broadcast in a manner
  207  and for a sufficient continuous length of time so as to allow an
  208  average reader to observe the notice and read and comprehend the
  209  entire content of the notice and the agenda. Unless a unit owner
  210  waives in writing the right to receive notice of the annual
  211  meeting, such notice must be hand delivered, mailed, or
  212  electronically transmitted to each unit owner. Notice for
  213  meetings and notice for all other purposes must be mailed to
  214  each unit owner at the address last furnished to the association
  215  by the unit owner, or hand delivered to each unit owner.
  216  However, if a unit is owned by more than one person, the
  217  association must provide notice to the address that the
  218  developer identifies for that purpose and thereafter as one or
  219  more of the owners of the unit advise the association in
  220  writing, or if no address is given or the owners of the unit do
  221  not agree, to the address provided on the deed of record. An
  222  officer of the association, or the manager or other person
  223  providing notice of the association meeting, must provide an
  224  affidavit or United States Postal Service certificate of
  225  mailing, to be included in the official records of the
  226  association affirming that the notice was mailed or hand
  227  delivered in accordance with this provision.
  228         4. The members of the board shall be elected by written
  229  ballot or voting machine. Proxies may not be used in electing
  230  the board in general elections or elections to fill vacancies
  231  caused by recall, resignation, or otherwise, unless otherwise
  232  provided in this chapter. This subparagraph does not apply to an
  233  association governing a timeshare condominium.
  234         a. At least 60 days before a scheduled election, the
  235  association shall mail, deliver, or electronically transmit, by
  236  separate association mailing or included in another association
  237  mailing, delivery, or transmission, including regularly
  238  published newsletters, to each unit owner entitled to a vote, a
  239  first notice of the date of the election. Any unit owner or
  240  other eligible person desiring to be a candidate for the board
  241  must give written notice of his or her intent to be a candidate
  242  to the association at least 40 days before a scheduled election.
  243  Together with the written notice and agenda as set forth in
  244  subparagraph 3., the association shall mail, deliver, or
  245  electronically transmit a second notice of the election to all
  246  unit owners entitled to vote, together with a ballot that lists
  247  all candidates. Upon request of a candidate, an information
  248  sheet, no larger than 8 1/2 inches by 11 inches, which must be
  249  furnished by the candidate at least 35 days before the election,
  250  must be included with the mailing, delivery, or transmission of
  251  the ballot, with the costs of mailing, delivery, or electronic
  252  transmission and copying to be borne by the association. The
  253  association is not liable for the contents of the information
  254  sheets prepared by the candidates. In order to reduce costs, the
  255  association may print or duplicate the information sheets on
  256  both sides of the paper. The division shall by rule establish
  257  voting procedures consistent with this sub-subparagraph,
  258  including rules establishing procedures for giving notice by
  259  electronic transmission and rules providing for the secrecy of
  260  ballots. Elections shall be decided by a plurality of ballots
  261  cast. There is no quorum requirement; however, at least 20
  262  percent of the eligible voters must cast a ballot in order to
  263  have a valid election. A unit owner may not permit any other
  264  person to vote his or her ballot, and any ballots improperly
  265  cast are invalid. A unit owner who violates this provision may
  266  be fined by the association in accordance with s. 718.303. A
  267  unit owner who needs assistance in casting the ballot for the
  268  reasons stated in s. 101.051 may obtain such assistance. The
  269  regular election must occur on the date of the annual meeting.
  270  Notwithstanding this sub-subparagraph, an election is not
  271  required unless more candidates file notices of intent to run or
  272  are nominated than board vacancies exist.
  273         b. Within 90 days after being elected or appointed to the
  274  board, each newly elected or appointed director shall certify in
  275  writing to the secretary of the association that he or she has
  276  read the association’s declaration of condominium, articles of
  277  incorporation, bylaws, and current written policies; that he or
  278  she will work to uphold such documents and policies to the best
  279  of his or her ability; and that he or she will faithfully
  280  discharge his or her fiduciary responsibility to the
  281  association’s members. In lieu of this written certification,
  282  within 90 days after being elected or appointed to the board,
  283  the newly elected or appointed director may submit a certificate
  284  of having satisfactorily completed the educational curriculum
  285  administered by a division-approved condominium education
  286  provider within 1 year before or 90 days after the date of
  287  election or appointment. The written certification or
  288  educational certificate is valid and does not have to be
  289  resubmitted as long as the director serves on the board without
  290  interruption. A director who fails to timely file the written
  291  certification or educational certificate is suspended from
  292  service on the board until he or she complies with this sub
  293  subparagraph. The board may temporarily fill the vacancy during
  294  the period of suspension. The secretary shall cause the
  295  association to retain a director’s written certification or
  296  educational certificate for inspection by the members for 5
  297  years after a director’s election or the duration of the
  298  director’s uninterrupted tenure, whichever is longer. Failure to
  299  have such written certification or educational certificate on
  300  file does not affect the validity of any board action.
  301         c. Any challenge to the election process must be commenced
  302  within 60 days after the election results are announced.
  303         5. Any approval by unit owners called for by this chapter
  304  or the applicable declaration or bylaws, including, but not
  305  limited to, the approval requirement in s. 718.111(8), must be
  306  made at a duly noticed meeting of unit owners and is subject to
  307  all requirements of this chapter or the applicable condominium
  308  documents relating to unit owner decisionmaking, except that
  309  unit owners may take action by written agreement, without
  310  meetings, on matters for which action by written agreement
  311  without meetings is expressly allowed by the applicable bylaws
  312  or declaration or any law that provides for such action.
  313         6. Unit owners may waive notice of specific meetings if
  314  allowed by the applicable bylaws or declaration or any law. If
  315  authorized by the bylaws, notice of meetings of the board of
  316  administration, unit owner meetings, except unit owner meetings
  317  called to recall board members under paragraph (j), and
  318  committee meetings may be given by electronic transmission to
  319  unit owners who consent to receive notice by electronic
  320  transmission.
  321         7. Unit owners have the right to participate in meetings of
  322  unit owners with reference to all designated agenda items.
  323  However, the association may adopt reasonable rules governing
  324  the frequency, duration, and manner of unit owner participation.
  325         8. A unit owner may tape record or videotape a meeting of
  326  the unit owners subject to reasonable rules adopted by the
  327  division.
  328         9. Unless otherwise provided in the bylaws, any vacancy
  329  occurring on the board before the expiration of a term may be
  330  filled by the affirmative vote of the majority of the remaining
  331  directors, even if the remaining directors constitute less than
  332  a quorum, or by the sole remaining director. In the alternative,
  333  a board may hold an election to fill the vacancy, in which case
  334  the election procedures must conform to sub-subparagraph 4.a.
  335  unless the association governs 10 units or fewer and has opted
  336  out of the statutory election process, in which case the bylaws
  337  of the association control. Unless otherwise provided in the
  338  bylaws, a board member appointed or elected under this section
  339  shall fill the vacancy for the unexpired term of the seat being
  340  filled. Filling vacancies created by recall is governed by
  341  paragraph (j) and rules adopted by the division.
  342         10. This chapter does not limit the use of general or
  343  limited proxies, require the use of general or limited proxies,
  344  or require the use of a written ballot or voting machine for any
  345  agenda item or election at any meeting of a timeshare
  346  condominium association.
  347  
  348  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
  349  association of 10 or fewer units may, by affirmative vote of a
  350  majority of the total voting interests, provide for different
  351  voting and election procedures in its bylaws, which may be by a
  352  proxy specifically delineating the different voting and election
  353  procedures. The different voting and election procedures may
  354  provide for elections to be conducted by limited or general
  355  proxy.
  356         (j) Recall of board members.—Subject to the provisions of
  357  s. 718.301, any member of the board of administration may be
  358  recalled and removed from office with or without cause by the
  359  vote or agreement in writing by a majority of all the voting
  360  interests. A special meeting of the unit owners to recall a
  361  member or members of the board of administration may be called
  362  by 10 percent of the voting interests giving notice of the
  363  meeting as required for a meeting of unit owners, and the notice
  364  shall state the purpose of the meeting. Electronic transmission
  365  may not be used as a method of giving notice of a meeting called
  366  in whole or in part for this purpose.
  367         1. If the recall is approved by a majority of all voting
  368  interests by a vote at a meeting, the recall will be effective
  369  as provided in this paragraph herein. The board shall duly
  370  notice and hold a board meeting within 5 full business days
  371  after of the adjournment of the unit owner meeting to recall one
  372  or more board members. At the meeting, the board shall either
  373  certify the recall, in which case such member or members shall
  374  be recalled effective immediately and shall turn over to the
  375  board within 5 full business days any and all records and
  376  property of the association in their possession, or shall
  377  proceed as set forth in subparagraph 3.
  378         2. If the proposed recall is by an agreement in writing by
  379  a majority of all voting interests, the agreement in writing or
  380  a copy thereof shall be served on the association by certified
  381  mail or by personal service in the manner authorized by chapter
  382  48 and the Florida Rules of Civil Procedure. The board of
  383  administration shall duly notice and hold a meeting of the board
  384  within 5 full business days after receipt of the agreement in
  385  writing. At the meeting, the board shall either certify the
  386  written agreement to recall a member or members of the board, in
  387  which case such member or members shall be recalled effective
  388  immediately and shall turn over to the board within 5 full
  389  business days any and all records and property of the
  390  association in their possession, or proceed as described in
  391  subparagraph 3.
  392         3. If the board determines not to certify the written
  393  agreement to recall a member or members of the board, or does
  394  not certify the recall by a vote at a meeting, the board shall,
  395  within 5 full business days after the meeting, file with the
  396  division a petition for arbitration pursuant to the procedures
  397  in s. 718.1255. For the purposes of this section, the unit
  398  owners who voted at the meeting or who executed the agreement in
  399  writing shall constitute one party under the petition for
  400  arbitration. If the arbitrator certifies the recall as to any
  401  member or members of the board, the recall will be effective
  402  upon mailing of the final order of arbitration to the
  403  association. If the association fails to comply with the order
  404  of the arbitrator, the division may take action pursuant to s.
  405  718.501. Any member or members so recalled shall deliver to the
  406  board any and all records of the association in their possession
  407  within 5 full business days after of the effective date of the
  408  recall.
  409         4. If the board fails to duly notice and hold a board
  410  meeting within 5 full business days after of service of an
  411  agreement in writing or within 5 full business days after of the
  412  adjournment of the unit owner recall meeting, the recall shall
  413  be deemed effective and the board members so recalled shall
  414  immediately turn over to the board any and all records and
  415  property of the association.
  416         5. If the board fails to duly notice and hold the required
  417  meeting or fails to file the required petition, the unit owner
  418  representative may file a petition pursuant to s. 718.1255
  419  challenging the board’s failure to act. The petition must be
  420  filed within 60 days after the expiration of the applicable 5
  421  full-business-day period. The review of a petition under this
  422  subparagraph is limited to the sufficiency of service on the
  423  board and the facial validity of the written agreement or
  424  ballots filed.
  425         6.5. If a vacancy occurs on the board as a result of a
  426  recall or removal and less than a majority of the board members
  427  are removed, the vacancy may be filled by the affirmative vote
  428  of a majority of the remaining directors, notwithstanding any
  429  provision to the contrary contained in this subsection. If
  430  vacancies occur on the board as a result of a recall and a
  431  majority or more of the board members are removed, the vacancies
  432  shall be filled in accordance with procedural rules to be
  433  adopted by the division, which rules need not be consistent with
  434  this subsection. The rules must provide procedures governing the
  435  conduct of the recall election as well as the operation of the
  436  association during the period after a recall but before prior to
  437  the recall election.
  438         7. A board member who has been recalled may file a petition
  439  pursuant to s. 718.1255 challenging the validity of the recall.
  440  The petition must be filed within 60 days after the recall is
  441  deemed certified. The association and the unit owner
  442  representative shall be named as the respondents.
  443         8. The division may not accept for filing a recall
  444  petition, whether filed pursuant to subparagraph 1.,
  445  subparagraph 2., subparagraph 5., or subparagraph 7. and
  446  regardless of whether the recall was certified, when there are
  447  60 or fewer days until the scheduled reelection of the board
  448  member sought to be recalled or when 60 or fewer days have
  449  elapsed since the election of the board member sought to be
  450  recalled.
  451         Section 3. Subsection (5) of section 718.113, Florida
  452  Statutes, is amended to read:
  453         718.113 Maintenance; limitation upon improvement; display
  454  of flag; hurricane shutters and protection; display of religious
  455  decorations.—
  456         (5) Each board of administration shall adopt hurricane
  457  shutter specifications for each building within each condominium
  458  operated by the association which shall include color, style,
  459  and other factors deemed relevant by the board. All
  460  specifications adopted by the board must comply with the
  461  applicable building code.
  462         (a) The board may, subject to the provisions of s.
  463  718.3026, and the approval of a majority of voting interests of
  464  the condominium, install hurricane shutters, impact glass, or
  465  other code-compliant windows or doors, or other types of code
  466  compliant hurricane protection that comply complies with or
  467  exceed exceeds the applicable building code. However, a vote of
  468  the owners is not required if the maintenance, repair, and
  469  replacement of hurricane shutters, impact glass, or other code
  470  compliant windows or doors, or other types of code-compliant
  471  hurricane protection are the responsibility of the association
  472  pursuant to the declaration of condominium. If hurricane
  473  protection or laminated glass or window film architecturally
  474  designed to function as hurricane protection that which complies
  475  with or exceeds the current applicable building code has been
  476  previously installed, the board may not install hurricane
  477  shutters, hurricane protection, or impact glass, or other code
  478  compliant windows or doors, or other types of code-compliant
  479  hurricane protection except upon approval by a majority vote of
  480  the voting interests.
  481         (b) The association is responsible for the maintenance,
  482  repair, and replacement of the hurricane shutters, impact glass,
  483  code-compliant windows or doors, or other types of code
  484  compliant hurricane protection authorized by this subsection if
  485  such property hurricane shutters or other hurricane protection
  486  is the responsibility of the association pursuant to the
  487  declaration of condominium. If the hurricane shutters, impact
  488  glass, code-compliant windows or doors, or other types of code
  489  compliant hurricane protection authorized by this subsection are
  490  the responsibility of the unit owners pursuant to the
  491  declaration of condominium, the maintenance, repair, and
  492  replacement of such items are the responsibility of the unit
  493  owner.
  494         (c) The board may operate shutters, impact glass, code
  495  compliant windows or doors, or other types of code-compliant
  496  hurricane protection installed pursuant to this subsection
  497  without permission of the unit owners only if such operation is
  498  necessary to preserve and protect the condominium property and
  499  association property. The installation, replacement, operation,
  500  repair, and maintenance of such shutters, impact glass, code
  501  compliant windows or doors, or other types of code-compliant
  502  hurricane protection in accordance with the procedures set forth
  503  in this paragraph are not a material alteration to the common
  504  elements or association property within the meaning of this
  505  section.
  506         (d) Notwithstanding any other provision in the condominium
  507  documents, if approval is required by the documents, a board may
  508  not refuse to approve the installation or replacement of
  509  hurricane shutters, impact glass, code-compliant windows or
  510  doors, or other types of code-compliant hurricane protection by
  511  a unit owner conforming to the specifications adopted by the
  512  board.
  513         Section 4. Paragraph (e) of subsection (1) of section
  514  718.115, Florida Statutes, is amended to read:
  515         718.115 Common expenses and common surplus.—
  516         (1)
  517         (e) The expense of installation, replacement, operation,
  518  repair, and maintenance of hurricane shutters, impact glass,
  519  code-compliant windows or doors, or other types of code
  520  compliant hurricane protection by the board pursuant to s.
  521  718.113(5) constitutes shall constitute a common expense as
  522  defined herein and shall be collected as provided in this
  523  section if the association is responsible for the maintenance,
  524  repair, and replacement of the hurricane shutters, impact glass,
  525  code-compliant windows or doors, or other types of code
  526  compliant hurricane protection pursuant to the declaration of
  527  condominium. However, if the maintenance, repair, and
  528  replacement of the hurricane shutters, impact glass, code
  529  compliant windows or doors, or other types of code-compliant
  530  hurricane protection are is the responsibility of the unit
  531  owners pursuant to the declaration of condominium, the cost of
  532  the installation of the hurricane shutters, impact glass, code
  533  compliant windows or doors, or other types of code-compliant
  534  hurricane protection is shall not be a common expense and, but
  535  shall be charged individually to the unit owners based on the
  536  cost of installation of the hurricane shutters, impact glass,
  537  code-compliant windows or doors, or other types of code
  538  compliant hurricane protection appurtenant to the unit.
  539  Notwithstanding the provisions of s. 718.116(9), and regardless
  540  of whether or not the declaration requires the association or
  541  unit owners to maintain, repair, or replace hurricane shutters,
  542  impact glass, code-compliant windows or doors, or other types of
  543  code-compliant hurricane protection, a unit owner who has
  544  previously installed hurricane shutters in accordance with s.
  545  718.113(5) that comply with the current applicable building code
  546  shall receive a credit when the shutters are installed; a unit
  547  owner who has previously installed impact glass or code
  548  compliant windows or doors that comply with the current
  549  applicable building code shall receive a credit when the impact
  550  glass or code-compliant windows or doors are installed; and a
  551  unit owner who has installed, other types of code-compliant
  552  hurricane protection that comply with the current applicable
  553  building code shall receive a credit when the same type of other
  554  code-compliant hurricane protection is installed, and the or
  555  laminated glass architecturally designed to function as
  556  hurricane protection, which hurricane shutters or other
  557  hurricane protection or laminated glass comply with the current
  558  applicable building code, shall receive a credit shall be equal
  559  to the pro rata portion of the assessed installation cost
  560  assigned to each unit. However, such unit owner remains shall
  561  remain responsible for the pro rata share of expenses for
  562  hurricane shutters, impact glass, code-compliant windows or
  563  doors, or other types of code-compliant hurricane protection
  564  installed on common elements and association property by the
  565  board pursuant to s. 718.113(5), and remains shall remain
  566  responsible for a pro rata share of the expense of the
  567  replacement, operation, repair, and maintenance of such
  568  shutters, impact glass, code-compliant windows or doors, or
  569  other types of code-compliant hurricane protection.
  570         Section 5. Paragraph (a) of subsection (3) and subsection
  571  (5) of section 718.303, Florida Statutes, are amended to read:
  572         718.303 Obligations of owners and occupants; remedies.—
  573         (3) The association may levy reasonable fines for the
  574  failure of the owner of the unit or its occupant, licensee, or
  575  invitee to comply with any provision of the declaration, the
  576  association bylaws, or reasonable rules of the association. A
  577  fine may not become a lien against a unit. A fine may be levied
  578  on the basis of each day of a continuing violation, with a
  579  single notice and opportunity for hearing. However, the fine may
  580  not exceed $100 per violation, or $1,000 in the aggregate.
  581         (a) An association may suspend, for a reasonable period of
  582  time, the right of a unit owner, or a unit owner’s tenant,
  583  guest, or invitee, to use the common elements, common
  584  facilities, or any other association property for failure to
  585  comply with any provision of the declaration, the association
  586  bylaws, or reasonable rules of the association. This paragraph
  587  does not apply to limited common elements intended to be used
  588  only by that unit, common elements needed to access the unit,
  589  utility services provided to the unit, parking spaces, or
  590  elevators.
  591         (5) An association may suspend the voting rights of a unit
  592  or member due to nonpayment of any monetary obligation due to
  593  the association which is more than 90 days delinquent. A voting
  594  interest or consent right allocated to a unit or member which
  595  has been suspended by the association may not be counted towards
  596  the total number of voting interests necessary to constitute a
  597  quorum, the number of voting interests required to conduct an
  598  election, or the number of voting interests required to approve
  599  an action under this chapter or pursuant to the declaration,
  600  articles of incorporation, or bylaws. The suspension ends upon
  601  full payment of all obligations currently due or overdue the
  602  association. The notice and hearing requirements under
  603  subsection (3) do not apply to a suspension imposed under this
  604  subsection.
  605         Section 6. Subsection (1) of section 718.403, Florida
  606  Statutes, is amended to read:
  607         718.403 Phase condominiums.—
  608         (1) Notwithstanding the provisions of s. 718.110, a
  609  developer may develop a condominium in phases, if the original
  610  declaration of condominium submitting the initial phase to
  611  condominium ownership or an amendment to the declaration which
  612  has been approved by all of the unit owners and unit mortgagees
  613  provides for and describes in detail all anticipated phases; the
  614  impact, if any, which the completion of subsequent phases would
  615  have upon the initial phase; and the time period (which may not
  616  exceed 7 years from the date of recording the declaration of
  617  condominium, unless extended as provided in this subsection)
  618  within which all phases must be added to the condominium and
  619  comply with the requirements of this section and at the end of
  620  which the right to add additional phases expires.
  621         (a) All phases must be added to the condominium within 7
  622  years after the date of recording the original declaration of
  623  condominium submitting the initial phase to condominium
  624  ownership unless an amendment extending the 7-year period is
  625  approved by the unit owners.
  626         (b) An amendment to extend the 7-year period requires the
  627  approval of the owners necessary to amend the declaration of
  628  condominium consistent with s. 718.110(1)(a). An extension of
  629  the 7-year period may be submitted for approval only during the
  630  last 3 years of the 7-year period.
  631         (c) An amendment must describe the period within which all
  632  phases must be added to the condominium and such period may not
  633  exceed 10 years after the date of recording the original
  634  declaration of condominium submitting the initial phase to
  635  condominium ownership.
  636         (d) Notwithstanding s. 718.110, an amendment extending the
  637  7-year period is not an amendment subject to s. 718.110(4).
  638         Section 7. Section 718.406, Florida Statutes, is created to
  639  read:
  640         718.406 Condominiums created within condominium parcels.—
  641         (1) Unless otherwise expressed in the declaration of
  642  condominium, if a condominium is created within a condominium
  643  parcel, the term:
  644         (a) “Primary condominium” means any condominium that is not
  645  a secondary condominium and contains one or more subdivided
  646  parcels.
  647         (b) “Primary condominium association” means any entity that
  648  operates a primary condominium.
  649         (c) “Primary condominium declaration” means the instrument
  650  or instruments by which a primary condominium is created, as
  651  they are from time to time amended.
  652         (d) “Secondary condominium” means one or more condominium
  653  parcels that have been submitted to condominium ownership
  654  pursuant to a secondary condominium declaration.
  655         (e) “Secondary condominium association” means any entity
  656  responsible for the operation of a secondary condominium.
  657         (f) “Secondary condominium declaration” means the
  658  instrument or instruments by which a secondary condominium is
  659  created, as they are from time to time amended.
  660         (g) “Secondary unit” means a unit that is part of a
  661  secondary condominium.
  662         (h) “Subdivided parcel” means a condominium parcel in a
  663  primary condominium that has been submitted to condominium
  664  ownership pursuant to a secondary condominium declaration.
  665         (2) Unless otherwise provided in the primary condominium
  666  declaration, if a condominium parcel is a subdivided parcel, the
  667  secondary condominium association responsible for operating the
  668  secondary condominium upon the subdivided parcel shall act on
  669  behalf of all of the unit owners of secondary units in the
  670  secondary condominium and shall exercise all rights of the
  671  secondary unit owners in the primary condominium association,
  672  other than the right of possession of the secondary unit. The
  673  secondary condominium association shall designate a
  674  representative who shall cast the vote of the subdivided parcel
  675  in the primary condominium association and, if no person is
  676  designated by the secondary condominium association to cast such
  677  vote, the vote shall be cast by the president of the secondary
  678  condominium association or the designee of the president.
  679         (3) Unless otherwise provided in the primary condominium
  680  declaration as originally recorded, no secondary condominium may
  681  be created upon any condominium parcel in the primary
  682  condominium, and no amendment to the primary condominium
  683  declaration may permit secondary condominiums to be created upon
  684  parcels in the primary condominium, unless the record owners of
  685  a majority of the condominium parcels join in the execution of
  686  the amendment.
  687         (4) If the primary condominium declaration permits the
  688  creation of a secondary condominium and a condominium parcel in
  689  the primary condominium is being submitted for condominium
  690  ownership to create a secondary condominium upon the primary
  691  condominium parcel, the approval of the board of administration
  692  of the primary condominium association is required in order to
  693  create the secondary condominium on the primary condominium
  694  parcel. Unless otherwise provided in the primary condominium
  695  declaration, the owners of condominium parcels in the primary
  696  condominium that will not be part of the proposed secondary
  697  condominium and the holders of liens upon such primary
  698  condominium parcels shall not have approval rights regarding the
  699  creation of the secondary condominium or the contents of the
  700  secondary condominium declaration being submitted. Only the
  701  board of administration of the primary condominium association,
  702  the owner of the subdivided parcel, and the holders of liens
  703  upon the subdivided parcel shall have approval rights regarding
  704  the creation of the secondary condominium and the contents of
  705  the secondary condominium declaration. In order for the
  706  recording of the secondary condominium declaration to be
  707  effective to create the secondary condominium, the board of
  708  administration of the primary condominium association, the owner
  709  of the subdivided parcel, and all holders of liens on the
  710  subdivided parcel must execute the secondary condominium
  711  declaration for the purpose of evidencing their approval.
  712         (5) An owner of a secondary unit is subject to both the
  713  primary condominium declaration and the secondary condominium
  714  declaration.
  715         (6) The primary condominium association may provide
  716  insurance required by s. 718.111(11) for common elements and
  717  other improvements within the secondary condominium if the
  718  primary condominium declaration permits the primary condominium
  719  association to provide such insurance for the benefit of the
  720  condominium property included in the subdivided parcel, in lieu
  721  of such insurance being provided by the secondary condominium
  722  association.
  723         (7) Unless otherwise provided in the primary condominium
  724  declaration, the board of administration of the primary
  725  condominium association may adopt hurricane shutter or hurricane
  726  protection specifications for each building within which
  727  subdivided parcels are located and govern any subdivided parcels
  728  in the primary condominium.
  729         (8) Any unit owner of, or holder of a first mortgage on, a
  730  secondary unit may register such unit owner’s or mortgagee’s
  731  interest in the secondary unit with the primary condominium
  732  association by delivering written notice to the primary
  733  condominium association. Once registered, the primary
  734  condominium association must provide written notice to such
  735  secondary unit owner and his, her, or its first mortgagee at
  736  least 30 days before instituting any foreclosure action against
  737  the subdivided parcel in which the secondary unit owner and his,
  738  her, or its first mortgagee hold an interest for failure of the
  739  subdivided parcel owner to pay any assessments or other amounts
  740  due to the primary condominium association. A foreclosure action
  741  against a subdivided parcel is not effective without an
  742  affidavit indicating that written notice of the foreclosure was
  743  timely sent to the names and addresses of secondary unit owners
  744  and first mortgagees registered with the primary condominium
  745  association pursuant to this subsection. The registered
  746  secondary unit owner or mortgagee has a right to pay the
  747  proportionate amount of the delinquent assessment attributable
  748  to the secondary unit in which the registered unit owner or
  749  mortgagee holds an interest. Upon such payment, the primary
  750  condominium association is obligated to promptly modify or
  751  partially release the record of lien on the primary condominium
  752  association so that the lien no longer encumbers such secondary
  753  unit. Alternatively, a registered secondary unit owner or
  754  mortgagee may pay the amount of all delinquent assessments
  755  attributed to the subdivided parcel and seek reimbursement for
  756  all such amounts paid and all costs incurred from the secondary
  757  condominium association, including, without limitation, the
  758  costs of collection other than the share allocable to the
  759  secondary unit on behalf of which such payment was made.
  760         (9) In the event of a conflict between the primary
  761  condominium declaration and the secondary condominium
  762  declaration, the primary condominium declaration controls.
  763         (10) All common expenses due to the primary condominium
  764  association with respect to a subdivided parcel are a common
  765  expense of the secondary condominium association and shall be
  766  collected by the secondary condominium association from its
  767  members and paid to the primary condominium association.
  768         Section 8. Subsection (2) of section 718.5011, Florida
  769  Statutes, is amended to read:
  770         718.5011 Ombudsman; appointment; administration.—
  771         (2) The Governor shall appoint the ombudsman. The ombudsman
  772  must be an attorney admitted to practice before the Florida
  773  Supreme Court and shall serve at the pleasure of the Governor. A
  774  vacancy in the office shall be filled in the same manner as the
  775  original appointment. An officer or full-time employee of the
  776  ombudsman’s office may not actively engage in any other business
  777  or profession that directly or indirectly relates to or
  778  conflicts with his or her work in the ombudsman’s office; serve
  779  as the representative of any political party, executive
  780  committee, or other governing body of a political party; serve
  781  as an executive, officer, or employee of a political party;
  782  receive remuneration for activities on behalf of any candidate
  783  for public office; or engage in soliciting votes or other
  784  activities on behalf of a candidate for public office. The
  785  ombudsman or any employee of his or her office may not become a
  786  candidate for election to public office unless he or she first
  787  resigns from his or her office or employment.
  788         Section 9. Paragraph (c) of subsection (2) of section
  789  719.104, Florida Statutes, is amended to read:
  790         719.104 Cooperatives; access to units; records; financial
  791  reports; assessments; purchase of leases.—
  792         (2) OFFICIAL RECORDS.—
  793         (c) The official records of the association shall be open
  794  to inspection by any association member or the authorized
  795  representative of such member at all reasonable times. Failure
  796  to permit inspection of the association records as provided in
  797  this subsection herein entitles any person prevailing in an
  798  enforcement action to recover reasonable attorney attorney’s
  799  fees from the person in control of the records who, directly or
  800  indirectly, knowingly denies access to the records for
  801  inspection. The right to inspect the records includes the right
  802  to make or obtain copies, at the reasonable expense, if any, of
  803  the association member. The association may adopt reasonable
  804  rules regarding the frequency, time, location, notice, and
  805  manner of record inspections and copying. The failure of an
  806  association to provide the records within 10 working days after
  807  receipt of a written request creates a rebuttable presumption
  808  that the association willfully failed to comply with this
  809  paragraph. A unit owner who is denied access to official records
  810  is entitled to the actual damages or minimum damages for the
  811  association’s willful failure to comply with this paragraph. The
  812  minimum damages shall be $50 per calendar day up to 10 days, the
  813  calculation to begin on the 11th day after receipt of the
  814  written request. The association shall maintain an adequate
  815  number of copies of the declaration, articles of incorporation,
  816  bylaws, and rules, and all amendments to each of the foregoing,
  817  as well as the question and answer sheet provided for in s.
  818  719.504, on the cooperative property to ensure their
  819  availability to unit owners and prospective purchasers, and may
  820  charge its actual costs for preparing and furnishing these
  821  documents to those requesting the same. Notwithstanding the
  822  provisions of this paragraph, the following records shall not be
  823  accessible to unit owners:
  824         1. Any record protected by the lawyer-client privilege as
  825  provided in s. 90.502; protected by the work-product privilege,
  826  including any record A record that was prepared by an
  827  association attorney or prepared at the attorney’s express
  828  direction; reflecting that reflects a mental impression,
  829  conclusion, litigation strategy, or legal theory of the attorney
  830  or the association; or that was prepared exclusively for civil
  831  or criminal litigation or for adversarial administrative
  832  proceedings or in anticipation of imminent civil or criminal
  833  litigation or imminent adversarial administrative proceedings,
  834  until the conclusion of the litigation or adversarial
  835  administrative proceedings.
  836         2. Information obtained by an association in connection
  837  with the approval of the lease, sale, or other transfer of a
  838  unit.
  839         3. Medical records of unit owners.
  840         4. Personnel records of association employees, including,
  841  but not limited to, disciplinary, payroll, health, and insurance
  842  records. For purposes of this subparagraph, the term “personnel
  843  records” does not include written employment agreements with an
  844  association employee or budgetary or financial records that
  845  indicate the compensation paid to an association employee.
  846         5. Social security numbers, driver license numbers, credit
  847  card numbers, e-mail addresses, telephone numbers, emergency
  848  contact information, any addresses of a unit owner other than
  849  addresses provided to fulfill the association’s notice
  850  requirements, and other personal identifying information of any
  851  person, excluding the person’s name, unit designation, mailing
  852  address, and property address.
  853         6. Any electronic security measures that are used by the
  854  association to safeguard data, including passwords.
  855         7. The software and operating system used by the
  856  association which allows manipulation of data, even if the owner
  857  owns a copy of the same software used by the association. The
  858  data is part of the official records of the association.
  859         Section 10. Subsection (7) is added to section 719.1055,
  860  Florida Statutes, to read:
  861         719.1055 Amendment of cooperative documents; alteration and
  862  acquisition of property.—
  863         (7) The Legislature finds that the procurement of mortgagee
  864  consent to amendments that do not affect the rights or interests
  865  of mortgagees is an unreasonable and substantial logistical and
  866  financial burden on the unit owners and that there is a
  867  compelling state interest in enabling the members of an
  868  association to approve amendments to the association’s
  869  cooperative documents through legal means. Accordingly, and
  870  notwithstanding any provision of this subsection to the
  871  contrary:
  872         (a) As to any mortgage recorded on or after July 1, 2013,
  873  any provision in the association’s cooperative documents that
  874  requires the consent or joinder of some or all mortgagees of
  875  units or any other portion of the association’s common areas to
  876  amend the association’s cooperative documents or for any other
  877  matter is enforceable only as to amendments to the association’s
  878  cooperative documents that adversely affect the priority of the
  879  mortgagee’s lien or the mortgagee’s rights to foreclose its lien
  880  or that otherwise materially affect the rights and interests of
  881  the mortgagees.
  882         (b) As to mortgages recorded before July 1, 2013, any
  883  existing provisions in the association’s cooperative documents
  884  requiring mortgagee consent are enforceable.
  885         (c) In securing consent or joinder, the association is
  886  entitled to rely upon the public records to identify the holders
  887  of outstanding mortgages. The association may use the address
  888  provided in the original recorded mortgage document, unless
  889  there is a different address for the holder of the mortgage in a
  890  recorded assignment or modification of the mortgage, which
  891  recorded assignment or modification must reference the official
  892  records book and page on which the original mortgage was
  893  recorded. Once the association has identified the recorded
  894  mortgages of record, the association shall, in writing, request
  895  of each unit owner whose unit is encumbered by a mortgage of
  896  record any information that the owner has in his or her
  897  possession regarding the name and address of the person to whom
  898  mortgage payments are currently being made. Notice shall be sent
  899  to such person if the address provided in the original recorded
  900  mortgage document is different from the name and address of the
  901  mortgagee or assignee of the mortgage as shown by the public
  902  record. The association is deemed to have complied with this
  903  requirement by making the written request of the unit owners
  904  required under this paragraph. Any notices required to be sent
  905  to the mortgagees under this paragraph shall be sent to all
  906  available addresses provided to the association.
  907         (d) Any notice to the mortgagees required under paragraph
  908  (c) may be sent by a method that establishes proof of delivery,
  909  and any mortgagee who fails to respond within 60 days after the
  910  date of mailing is deemed to have consented to the amendment.
  911         (e) For those amendments requiring mortgagee consent on or
  912  after July 1, 2013, in the event mortgagee consent is provided
  913  other than by properly recorded joinder, such consent shall be
  914  evidenced by affidavit of the association recorded in the public
  915  records of the county in which the declaration is recorded.
  916         (f) Any amendment adopted without the required consent of a
  917  mortgagee is voidable only by a mortgagee who was entitled to
  918  notice and an opportunity to consent. An action to void an
  919  amendment is subject to the statute of limitations beginning 5
  920  years after the date of discovery as to the amendments described
  921  in paragraph (a) and 5 years after the date of recordation of
  922  the certificate of amendment for all other amendments. This
  923  paragraph applies to all mortgages, regardless of the date of
  924  recordation of the mortgage.
  925         Section 11. Paragraphs (c), (d), and (f) of subsection (1)
  926  of section 719.106, Florida Statutes, are amended to read:
  927         719.106 Bylaws; cooperative ownership.—
  928         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
  929  documents shall provide for the following, and if they do not,
  930  they shall be deemed to include the following:
  931         (c) Board of administration meetings.—Meetings of the board
  932  of administration at which a quorum of the members is present
  933  shall be open to all unit owners. Any unit owner may tape record
  934  or videotape meetings of the board of administration. The right
  935  to attend such meetings includes the right to speak at such
  936  meetings with reference to all designated agenda items. The
  937  division shall adopt reasonable rules governing the tape
  938  recording and videotaping of the meeting. The association may
  939  adopt reasonable written rules governing the frequency,
  940  duration, and manner of unit owner statements. Adequate notice
  941  of all meetings shall be posted in a conspicuous place upon the
  942  cooperative property at least 48 continuous hours preceding the
  943  meeting, except in an emergency. Any item not included on the
  944  notice may be taken up on an emergency basis by at least a
  945  majority plus one of the members of the board. Such emergency
  946  action shall be noticed and ratified at the next regular meeting
  947  of the board. However, written notice of any meeting at which
  948  nonemergency special assessments, or at which amendment to rules
  949  regarding unit use, will be considered shall be mailed,
  950  delivered, or electronically transmitted to the unit owners and
  951  posted conspicuously on the cooperative property not less than
  952  14 days before prior to the meeting. Evidence of compliance with
  953  this 14-day notice shall be made by an affidavit executed by the
  954  person providing the notice and filed among the official records
  955  of the association. Upon notice to the unit owners, the board
  956  shall by duly adopted rule designate a specific location on the
  957  cooperative property upon which all notices of board meetings
  958  shall be posted. In lieu of or in addition to the physical
  959  posting of notice of any meeting of the board of administration
  960  on the cooperative property, the association may, by reasonable
  961  rule, adopt a procedure for conspicuously posting and repeatedly
  962  broadcasting the notice and the agenda on a closed-circuit cable
  963  television system serving the cooperative association. However,
  964  if broadcast notice is used in lieu of a notice posted
  965  physically on the cooperative property, the notice and agenda
  966  must be broadcast at least four times every broadcast hour of
  967  each day that a posted notice is otherwise required under this
  968  section. When broadcast notice is provided, the notice and
  969  agenda must be broadcast in a manner and for a sufficient
  970  continuous length of time so as to allow an average reader to
  971  observe the notice and read and comprehend the entire content of
  972  the notice and the agenda. Notice of any meeting in which
  973  regular assessments against unit owners are to be considered for
  974  any reason shall specifically contain a statement that
  975  assessments will be considered and the nature of any such
  976  assessments. Meetings of a committee to take final action on
  977  behalf of the board or to make recommendations to the board
  978  regarding the association budget are subject to the provisions
  979  of this paragraph. Meetings of a committee that does not take
  980  final action on behalf of the board or make recommendations to
  981  the board regarding the association budget are subject to the
  982  provisions of this section, unless those meetings are exempted
  983  from this section by the bylaws of the association.
  984  Notwithstanding any other law to the contrary, the requirement
  985  that board meetings and committee meetings be open to the unit
  986  owners does not apply is inapplicable to board or committee
  987  meetings held for the purpose of discussing personnel matters or
  988  meetings between the board or a committee and the association’s
  989  attorney, with respect to proposed or pending litigation, if
  990  when the meeting is held for the purpose of seeking or rendering
  991  legal advice.
  992         (d) Shareholder meetings.—There shall be an annual meeting
  993  of the shareholders. All members of the board of administration
  994  shall be elected at the annual meeting unless the bylaws provide
  995  for staggered election terms or for their election at another
  996  meeting. Any unit owner desiring to be a candidate for board
  997  membership must comply with subparagraph 1. The bylaws must
  998  provide the method for calling meetings, including annual
  999  meetings. Written notice, which must incorporate an
 1000  identification of agenda items, shall be given to each unit
 1001  owner at least 14 days before the annual meeting and posted in a
 1002  conspicuous place on the cooperative property at least 14
 1003  continuous days preceding the annual meeting. Upon notice to the
 1004  unit owners, the board must by duly adopted rule designate a
 1005  specific location on the cooperative property upon which all
 1006  notice of unit owner meetings are posted. In lieu of or in
 1007  addition to the physical posting of the meeting notice, the
 1008  association may, by reasonable rule, adopt a procedure for
 1009  conspicuously posting and repeatedly broadcasting the notice and
 1010  the agenda on a closed-circuit cable television system serving
 1011  the cooperative association. However, if broadcast notice is
 1012  used in lieu of a posted notice, the notice and agenda must be
 1013  broadcast at least four times every broadcast hour of each day
 1014  that a posted notice is otherwise required under this section.
 1015  If broadcast notice is provided, the notice and agenda must be
 1016  broadcast in a manner and for a sufficient continuous length of
 1017  time to allow an average reader to observe the notice and read
 1018  and comprehend the entire content of the notice and the agenda.
 1019  Unless a unit owner waives in writing the right to receive
 1020  notice of the annual meeting, the notice of the annual meeting
 1021  must be sent by mail, hand delivered, or electronically
 1022  transmitted to each unit owner. An officer of the association
 1023  must provide an affidavit or United States Postal Service
 1024  certificate of mailing, to be included in the official records
 1025  of the association, affirming that notices of the association
 1026  meeting were mailed, hand delivered, or electronically
 1027  transmitted, in accordance with this provision, to each unit
 1028  owner at the address last furnished to the association.
 1029         1. The board of administration shall be elected by written
 1030  ballot or voting machine. A proxy may not be used in electing
 1031  the board of administration in general elections or elections to
 1032  fill vacancies caused by recall, resignation, or otherwise
 1033  unless otherwise provided in this chapter. At least 60 days
 1034  before a scheduled election, the association shall mail,
 1035  deliver, or transmit, whether by separate association mailing,
 1036  delivery, or electronic transmission or included in another
 1037  association mailing, delivery, or electronic transmission,
 1038  including regularly published newsletters, to each unit owner
 1039  entitled to vote, a first notice of the date of the election.
 1040  Any unit owner or other eligible person desiring to be a
 1041  candidate for the board of administration must give written
 1042  notice to the association at least 40 days before a scheduled
 1043  election. Together with the written notice and agenda as set
 1044  forth in this section, the association shall mail, deliver, or
 1045  electronically transmit a second notice of election to all unit
 1046  owners entitled to vote, together with a ballot that which lists
 1047  all candidates. Upon request of a candidate, the association
 1048  shall include an information sheet, no larger than 8 1/2 inches
 1049  by 11 inches, which must be furnished by the candidate at least
 1050  35 days before the election, to be included with the mailing,
 1051  delivery, or electronic transmission of the ballot, with the
 1052  costs of mailing, delivery, or transmission and copying to be
 1053  borne by the association. The association is not liable for the
 1054  contents of the information sheets provided by the candidates.
 1055  In order to reduce costs, the association may print or duplicate
 1056  the information sheets on both sides of the paper. The division
 1057  shall by rule establish voting procedures consistent with this
 1058  subparagraph, including rules establishing procedures for giving
 1059  notice by electronic transmission and rules providing for the
 1060  secrecy of ballots. Elections shall be decided by a plurality of
 1061  those ballots cast. There is no quorum requirement. However, at
 1062  least 20 percent of the eligible voters must cast a ballot in
 1063  order to have a valid election. A unit owner may not permit any
 1064  other person to vote his or her ballot, and any such ballots
 1065  improperly cast are invalid. A unit owner who needs assistance
 1066  in casting the ballot for the reasons stated in s. 101.051 may
 1067  obtain assistance in casting the ballot. Any unit owner
 1068  violating this provision may be fined by the association in
 1069  accordance with s. 719.303. The regular election must occur on
 1070  the date of the annual meeting. This subparagraph does not apply
 1071  to timeshare cooperatives. Notwithstanding this subparagraph, an
 1072  election and balloting are not required unless more candidates
 1073  file a notice of intent to run or are nominated than vacancies
 1074  exist on the board. Any challenge to the election process must
 1075  be commenced within 60 days after the election results are
 1076  announced.
 1077         2. Any approval by unit owners called for by this chapter,
 1078  or the applicable cooperative documents, must be made at a duly
 1079  noticed meeting of unit owners and is subject to this chapter or
 1080  the applicable cooperative documents relating to unit owner
 1081  decisionmaking, except that unit owners may take action by
 1082  written agreement, without meetings, on matters for which action
 1083  by written agreement without meetings is expressly allowed by
 1084  the applicable cooperative documents or law which provides for
 1085  the unit owner action.
 1086         3. Unit owners may waive notice of specific meetings if
 1087  allowed by the applicable cooperative documents or law. If
 1088  authorized by the bylaws, notice of meetings of the board of
 1089  administration, shareholder meetings, except shareholder
 1090  meetings called to recall board members under paragraph (f), and
 1091  committee meetings may be given by electronic transmission to
 1092  unit owners who consent to receive notice by electronic
 1093  transmission.
 1094         4. Unit owners have the right to participate in meetings of
 1095  unit owners with reference to all designated agenda items.
 1096  However, the association may adopt reasonable rules governing
 1097  the frequency, duration, and manner of unit owner participation.
 1098         5. Any unit owner may tape record or videotape meetings of
 1099  the unit owners subject to reasonable rules adopted by the
 1100  division.
 1101         6. Unless otherwise provided in the bylaws, a vacancy
 1102  occurring on the board before the expiration of a term may be
 1103  filled by the affirmative vote of the majority of the remaining
 1104  directors, even if the remaining directors constitute less than
 1105  a quorum, or by the sole remaining director. In the alternative,
 1106  a board may hold an election to fill the vacancy, in which case
 1107  the election procedures must conform to the requirements of
 1108  subparagraph 1. unless the association has opted out of the
 1109  statutory election process, in which case the bylaws of the
 1110  association control. Unless otherwise provided in the bylaws, a
 1111  board member appointed or elected under this subparagraph shall
 1112  fill the vacancy for the unexpired term of the seat being
 1113  filled. Filling vacancies created by recall is governed by
 1114  paragraph (f) and rules adopted by the division.
 1115  Notwithstanding subparagraphs (b)2. and (d)1., an association
 1116  may, by the affirmative vote of a majority of the total voting
 1117  interests, provide for a different voting and election procedure
 1118  in its bylaws, which vote may be by a proxy specifically
 1119  delineating the different voting and election procedures. The
 1120  different voting and election procedures may provide for
 1121  elections to be conducted by limited or general proxy.
 1122         (f) Recall of board members.—Subject to the provisions of
 1123  s. 719.301, any member of the board of administration may be
 1124  recalled and removed from office with or without cause by the
 1125  vote or agreement in writing by a majority of all the voting
 1126  interests. A special meeting of the voting interests to recall
 1127  any member of the board of administration may be called by 10
 1128  percent of the unit owners giving notice of the meeting as
 1129  required for a meeting of unit owners, and the notice shall
 1130  state the purpose of the meeting. Electronic transmission may
 1131  not be used as a method of giving notice of a meeting called in
 1132  whole or in part for this purpose.
 1133         1. If the recall is approved by a majority of all voting
 1134  interests by a vote at a meeting, the recall shall be effective
 1135  as provided in this paragraph herein. The board shall duly
 1136  notice and hold a board meeting within 5 full business days
 1137  after of the adjournment of the unit owner meeting to recall one
 1138  or more board members. At the meeting, the board shall either
 1139  certify the recall, in which case such member or members shall
 1140  be recalled effective immediately and shall turn over to the
 1141  board within 5 full business days any and all records and
 1142  property of the association in their possession, or shall
 1143  proceed as set forth in subparagraph 3.
 1144         2. If the proposed recall is by an agreement in writing by
 1145  a majority of all voting interests, the agreement in writing or
 1146  a copy thereof shall be served on the association by certified
 1147  mail or by personal service in the manner authorized by chapter
 1148  48 and the Florida Rules of Civil Procedure. The board of
 1149  administration shall duly notice and hold a meeting of the board
 1150  within 5 full business days after receipt of the agreement in
 1151  writing. At the meeting, the board shall either certify the
 1152  written agreement to recall members of the board, in which case
 1153  such members shall be recalled effective immediately and shall
 1154  turn over to the board, within 5 full business days, any and all
 1155  records and property of the association in their possession, or
 1156  proceed as described in subparagraph 3.
 1157         3. If the board determines not to certify the written
 1158  agreement to recall members of the board, or does not certify
 1159  the recall by a vote at a meeting, the board shall, within 5
 1160  full business days after the board meeting, file with the
 1161  division a petition for binding arbitration pursuant to the
 1162  procedures of s. 719.1255. For purposes of this paragraph, the
 1163  unit owners who voted at the meeting or who executed the
 1164  agreement in writing shall constitute one party under the
 1165  petition for arbitration. If the arbitrator certifies the recall
 1166  as to any member of the board, the recall shall be effective
 1167  upon mailing of the final order of arbitration to the
 1168  association. If the association fails to comply with the order
 1169  of the arbitrator, the division may take action pursuant to s.
 1170  719.501. Any member so recalled shall deliver to the board any
 1171  and all records and property of the association in the member’s
 1172  possession within 5 full business days after of the effective
 1173  date of the recall.
 1174         4. If the board fails to duly notice and hold a board
 1175  meeting within 5 full business days after of service of an
 1176  agreement in writing or within 5 full business days after of the
 1177  adjournment of the unit owner recall meeting, the recall shall
 1178  be deemed effective and the board members so recalled shall
 1179  immediately turn over to the board any and all records and
 1180  property of the association.
 1181         5. If the board fails to duly notice and hold the required
 1182  meeting or fails to file the required petition, the unit owner
 1183  representative may file a petition pursuant to s. 719.1255
 1184  challenging the board’s failure to act. The petition must be
 1185  filed within 60 days after the expiration of the applicable 5
 1186  full-business-day period. The review of a petition under this
 1187  subparagraph is limited to the sufficiency of service on the
 1188  board and the facial validity of the written agreement or
 1189  ballots filed.
 1190         6.5. If a vacancy occurs on the board as a result of a
 1191  recall and less than a majority of the board members are
 1192  removed, the vacancy may be filled by the affirmative vote of a
 1193  majority of the remaining directors, notwithstanding any
 1194  provision to the contrary contained in this chapter. If
 1195  vacancies occur on the board as a result of a recall and a
 1196  majority or more of the board members are removed, the vacancies
 1197  shall be filled in accordance with procedural rules to be
 1198  adopted by the division, which rules need not be consistent with
 1199  this chapter. The rules must provide procedures governing the
 1200  conduct of the recall election as well as the operation of the
 1201  association during the period after a recall but before prior to
 1202  the recall election.
 1203         7. A board member who has been recalled may file a petition
 1204  pursuant to s. 719.1255 challenging the validity of the recall.
 1205  The petition must be filed within 60 days after the recall is
 1206  deemed certified. The association and the unit owner
 1207  representative shall be named as the respondents.
 1208         8. The division may not accept for filing a recall
 1209  petition, whether filed pursuant to subparagraph 1.,
 1210  subparagraph 2., subparagraph 5., or subparagraph 7. and
 1211  regardless of whether the recall was certified, when there are
 1212  60 or fewer days until the scheduled reelection of the board
 1213  member sought to be recalled or when 60 or fewer days have not
 1214  elapsed since the election of the board member sought to be
 1215  recalled.
 1216         Section 12. Paragraph (a) of subsection (3) and subsection
 1217  (5) of section 719.303, Florida Statutes, are amended to read:
 1218         719.303 Obligations of owners.—
 1219         (3) The association may levy reasonable fines for failure
 1220  of the unit owner or the unit’s occupant, licensee, or invitee
 1221  to comply with any provision of the cooperative documents or
 1222  reasonable rules of the association. A fine may not become a
 1223  lien against a unit. A fine may be levied on the basis of each
 1224  day of a continuing violation, with a single notice and
 1225  opportunity for hearing. However, the fine may not exceed $100
 1226  per violation, or $1,000 in the aggregate.
 1227         (a) An association may suspend, for a reasonable period of
 1228  time, the right of a unit owner, or a unit owner’s tenant,
 1229  guest, or invitee, to use the common elements, common
 1230  facilities, or any other association property for failure to
 1231  comply with any provision of the cooperative documents or
 1232  reasonable rules of the association. This paragraph does not
 1233  apply to limited common elements intended to be used only by
 1234  that unit, common elements needed to access the unit, utility
 1235  services provided to the unit, parking spaces, or elevators.
 1236         (5) An association may suspend the voting rights of a unit
 1237  or member due to nonpayment of any monetary obligation due to
 1238  the association which is more than 90 days delinquent. A voting
 1239  interest or consent right allocated to a unit or member which
 1240  has been suspended by the association may not be counted towards
 1241  the total number of voting interests for any purpose, including,
 1242  but not limited to, the number of voting interests necessary to
 1243  constitute a quorum, the number of voting interests required to
 1244  conduct an election, or the number of voting interests required
 1245  to approve an action under this chapter or pursuant to the
 1246  cooperative documents, articles of incorporation, or bylaws. The
 1247  suspension ends upon full payment of all obligations currently
 1248  due or overdue the association. The notice and hearing
 1249  requirements under subsection (3) do not apply to a suspension
 1250  imposed under this subsection.
 1251         Section 13. Paragraph (c) of subsection (5) and subsection
 1252  (10) of section 720.303, Florida Statutes, are amended to read:
 1253         720.303 Association powers and duties; meetings of board;
 1254  official records; budgets; financial reporting; association
 1255  funds; recalls.—
 1256         (5) INSPECTION AND COPYING OF RECORDS.—The official records
 1257  shall be maintained within the state and must be open to
 1258  inspection and available for photocopying by members or their
 1259  authorized agents at reasonable times and places within 10
 1260  business days after receipt of a written request for access.
 1261  This subsection may be complied with by having a copy of the
 1262  official records available for inspection or copying in the
 1263  community. If the association has a photocopy machine available
 1264  where the records are maintained, it must provide parcel owners
 1265  with copies on request during the inspection if the entire
 1266  request is limited to no more than 25 pages.
 1267         (c) The association may adopt reasonable written rules
 1268  governing the frequency, time, location, notice, records to be
 1269  inspected, and manner of inspections, but may not require a
 1270  parcel owner to demonstrate any proper purpose for the
 1271  inspection, state any reason for the inspection, or limit a
 1272  parcel owner’s right to inspect records to less than one 8-hour
 1273  business day per month. The association may impose fees to cover
 1274  the costs of providing copies of the official records,
 1275  including, without limitation, the costs of copying. The
 1276  association may charge up to 50 cents per page for copies made
 1277  on the association’s photocopier. If the association does not
 1278  have a photocopy machine available where the records are kept,
 1279  or if the records requested to be copied exceed 25 pages in
 1280  length, the association may have copies made by an outside
 1281  vendor or association management company personnel and may
 1282  charge the actual cost of copying, including any reasonable
 1283  costs involving personnel fees and charges at an hourly rate for
 1284  vendor or employee time to cover administrative costs to the
 1285  vendor or association. The association shall maintain an
 1286  adequate number of copies of the recorded governing documents,
 1287  to ensure their availability to members and prospective members.
 1288  Notwithstanding this paragraph, the following records are not
 1289  accessible to members or parcel owners:
 1290         1. Any record protected by the lawyer-client privilege as
 1291  described in s. 90.502 and any record protected by the work
 1292  product privilege, including, but not limited to, a record
 1293  prepared by an association attorney or prepared at the
 1294  attorney’s express direction which reflects a mental impression,
 1295  conclusion, litigation strategy, or legal theory of the attorney
 1296  or the association and which was prepared exclusively for civil
 1297  or criminal litigation or for adversarial administrative
 1298  proceedings or which was prepared in anticipation of such
 1299  litigation or proceedings until the conclusion of the litigation
 1300  or proceedings.
 1301         2. Information obtained by an association in connection
 1302  with the approval of the lease, sale, or other transfer of a
 1303  parcel.
 1304         3. Personnel records of association or management company
 1305  the association’s employees, including, but not limited to,
 1306  disciplinary, payroll, health, and insurance records. For
 1307  purposes of this subparagraph, the term “personnel records” does
 1308  not include written employment agreements with an association or
 1309  management company employee or budgetary or financial records
 1310  that indicate the compensation paid to an association or
 1311  management company employee.
 1312         4. Medical records of parcel owners or community residents.
 1313         5. Social security numbers, driver driver’s license
 1314  numbers, credit card numbers, electronic mailing addresses,
 1315  telephone numbers, facsimile numbers, emergency contact
 1316  information, any addresses for a parcel owner other than as
 1317  provided for association notice requirements, and other personal
 1318  identifying information of any person, excluding the person’s
 1319  name, parcel designation, mailing address, and property address.
 1320  However, an owner may consent in writing to the disclosure of
 1321  protected information described in this subparagraph. The
 1322  association is not liable for the disclosure of information that
 1323  is protected under this subparagraph if the information is
 1324  included in an official record of the association and is
 1325  voluntarily provided by an owner and not requested by the
 1326  association.
 1327         6. Any electronic security measure that is used by the
 1328  association to safeguard data, including passwords.
 1329         7. The software and operating system used by the
 1330  association which allows the manipulation of data, even if the
 1331  owner owns a copy of the same software used by the association.
 1332  The data is part of the official records of the association.
 1333         (10) RECALL OF DIRECTORS.—
 1334         (a)1. Regardless of any provision to the contrary contained
 1335  in the governing documents, subject to the provisions of s.
 1336  720.307 regarding transition of association control, any member
 1337  of the board of directors may be recalled and removed from
 1338  office with or without cause by a majority of the total voting
 1339  interests.
 1340         2. When the governing documents, including the declaration,
 1341  articles of incorporation, or bylaws, provide that only a
 1342  specific class of members is entitled to elect a board director
 1343  or directors, only that class of members may vote to recall
 1344  those board directors so elected.
 1345         (b)1. Board directors may be recalled by an agreement in
 1346  writing or by written ballot without a membership meeting. The
 1347  agreement in writing or the written ballots, or a copy thereof,
 1348  shall be served on the association by certified mail or by
 1349  personal service in the manner authorized by chapter 48 and the
 1350  Florida Rules of Civil Procedure.
 1351         2. The board shall duly notice and hold a meeting of the
 1352  board within 5 full business days after receipt of the agreement
 1353  in writing or written ballots. At the meeting, the board shall
 1354  either certify the written ballots or written agreement to
 1355  recall a director or directors of the board, in which case such
 1356  director or directors shall be recalled effective immediately
 1357  and shall turn over to the board within 5 full business days any
 1358  and all records and property of the association in their
 1359  possession, or proceed as described in paragraph (d).
 1360         3. When it is determined by the department pursuant to
 1361  binding arbitration proceedings that an initial recall effort
 1362  was defective, written recall agreements or written ballots used
 1363  in the first recall effort and not found to be defective may be
 1364  reused in one subsequent recall effort. However, in no event is
 1365  a written agreement or written ballot valid for more than 120
 1366  days after it has been signed by the member.
 1367         4. Any rescission or revocation of a member’s written
 1368  recall ballot or agreement must be in writing and, in order to
 1369  be effective, must be delivered to the association before the
 1370  association is served with the written recall agreements or
 1371  ballots.
 1372         5. The agreement in writing or ballot shall list at least
 1373  as many possible replacement directors as there are directors
 1374  subject to the recall, when at least a majority of the board is
 1375  sought to be recalled; the person executing the recall
 1376  instrument may vote for as many replacement candidates as there
 1377  are directors subject to the recall.
 1378         (c)1. If the declaration, articles of incorporation, or
 1379  bylaws specifically provide, the members may also recall and
 1380  remove a board director or directors by a vote taken at a
 1381  meeting. If so provided in the governing documents, a special
 1382  meeting of the members to recall a director or directors of the
 1383  board of administration may be called by 10 percent of the
 1384  voting interests giving notice of the meeting as required for a
 1385  meeting of members, and the notice shall state the purpose of
 1386  the meeting. Electronic transmission may not be used as a method
 1387  of giving notice of a meeting called in whole or in part for
 1388  this purpose.
 1389         2. The board shall duly notice and hold a board meeting
 1390  within 5 full business days after the adjournment of the member
 1391  meeting to recall one or more directors. At the meeting, the
 1392  board shall certify the recall, in which case such member or
 1393  members shall be recalled effective immediately and shall turn
 1394  over to the board within 5 full business days any and all
 1395  records and property of the association in their possession, or
 1396  shall proceed as set forth in subparagraph (d).
 1397         (d) If the board determines not to certify the written
 1398  agreement or written ballots to recall a director or directors
 1399  of the board or does not certify the recall by a vote at a
 1400  meeting, the board shall, within 5 full business days after the
 1401  meeting, file with the department a petition for binding
 1402  arbitration pursuant to the applicable procedures in ss.
 1403  718.112(2)(j) and 718.1255 and the rules adopted thereunder. For
 1404  the purposes of this section, the members who voted at the
 1405  meeting or who executed the agreement in writing shall
 1406  constitute one party under the petition for arbitration. If the
 1407  arbitrator certifies the recall as to any director or directors
 1408  of the board, the recall will be effective upon mailing of the
 1409  final order of arbitration to the association. The director or
 1410  directors so recalled shall deliver to the board any and all
 1411  records of the association in their possession within 5 full
 1412  business days after the effective date of the recall.
 1413         (e) If a vacancy occurs on the board as a result of a
 1414  recall and less than a majority of the board directors are
 1415  removed, the vacancy may be filled by the affirmative vote of a
 1416  majority of the remaining directors, notwithstanding any
 1417  provision to the contrary contained in this subsection or in the
 1418  association documents. If vacancies occur on the board as a
 1419  result of a recall and a majority or more of the board directors
 1420  are removed, the vacancies shall be filled by members voting in
 1421  favor of the recall; if removal is at a meeting, any vacancies
 1422  shall be filled by the members at the meeting. If the recall
 1423  occurred by agreement in writing or by written ballot, members
 1424  may vote for replacement directors in the same instrument in
 1425  accordance with procedural rules adopted by the division, which
 1426  rules need not be consistent with this subsection.
 1427         (f) If the board fails to duly notice and hold a board
 1428  meeting within 5 full business days after service of an
 1429  agreement in writing or within 5 full business days after the
 1430  adjournment of the member recall meeting, the recall shall be
 1431  deemed effective and the board directors so recalled shall
 1432  immediately turn over to the board all records and property of
 1433  the association.
 1434         (g) If the board fails to duly notice and hold the required
 1435  meeting or fails to file the required petition, the unit owner
 1436  representative may file a petition pursuant to s. 718.1255
 1437  challenging the board’s failure to act. The petition must be
 1438  filed within 60 days after the expiration of the applicable 5
 1439  full-business-day period. The review of a petition under this
 1440  paragraph is limited to the sufficiency of service on the board
 1441  and the facial validity of the written agreement or ballots
 1442  filed.
 1443         (h)(g) If a director who is removed fails to relinquish his
 1444  or her office or turn over records as required under this
 1445  section, the circuit court in the county where the association
 1446  maintains its principal office may, upon the petition of the
 1447  association, summarily order the director to relinquish his or
 1448  her office and turn over all association records upon
 1449  application of the association.
 1450         (i)(h) The minutes of the board meeting at which the board
 1451  decides whether to certify the recall are an official
 1452  association record. The minutes must record the date and time of
 1453  the meeting, the decision of the board, and the vote count taken
 1454  on each board member subject to the recall. In addition, when
 1455  the board decides not to certify the recall, as to each vote
 1456  rejected, the minutes must identify the parcel number and the
 1457  specific reason for each such rejection.
 1458         (j)(i) When the recall of more than one board director is
 1459  sought, the written agreement, ballot, or vote at a meeting
 1460  shall provide for a separate vote for each board director sought
 1461  to be recalled.
 1462         (k) A board member who has been recalled may file a
 1463  petition pursuant to ss. 718.112(2)(j) and 718.1255 and the
 1464  rules adopted challenging the validity of the recall. The
 1465  petition must be filed within 60 days after the recall is deemed
 1466  certified. The association and the unit owner representative
 1467  shall be named as respondents.
 1468         (l) The division may not accept for filing a recall
 1469  petition, whether filed pursuant to paragraph (b), paragraph
 1470  (c), paragraph (g), or paragraph (k) and regardless of whether
 1471  the recall was certified, when there are 60 or fewer days until
 1472  the scheduled reelection of the board member sought to be
 1473  recalled or when 60 or fewer days have not elapsed since the
 1474  election of the board member sought to be recalled.
 1475         Section 14. Subsections (2) and (4) of section 720.305,
 1476  Florida Statutes, are amended to read:
 1477         720.305 Obligations of members; remedies at law or in
 1478  equity; levy of fines and suspension of use rights.—
 1479         (2) The association may levy reasonable fines of up to $100
 1480  per violation against any member or any member’s tenant, guest,
 1481  or invitee for the failure of the owner of the parcel or its
 1482  occupant, licensee, or invitee to comply with any provision of
 1483  the declaration, the association bylaws, or reasonable rules of
 1484  the association. A fine may be levied for each day of a
 1485  continuing violation, with a single notice and opportunity for
 1486  hearing, except that the fine may not exceed $1,000 in the
 1487  aggregate unless otherwise provided in the governing documents.
 1488  A fine of less than $1,000 may not become a lien against a
 1489  parcel. In any action to recover a fine, the prevailing party is
 1490  entitled to reasonable attorney attorney’s fees and costs from
 1491  the nonprevailing party as determined by the court.
 1492         (a) An association may suspend, for a reasonable period of
 1493  time, the right of a member, or a member’s tenant, guest, or
 1494  invitee, to use common areas and facilities for the failure of
 1495  the owner of the parcel or its occupant, licensee, or invitee to
 1496  comply with any provision of the declaration, the association
 1497  bylaws, or reasonable rules of the association. This paragraph
 1498  does not apply to that portion of common areas used to provide
 1499  access or utility services to the parcel. A suspension may not
 1500  impair the right of an owner or tenant of a parcel to have
 1501  vehicular and pedestrian ingress to and egress from the parcel,
 1502  including, but not limited to, the right to park.
 1503         (b) A fine or suspension may not be imposed without at
 1504  least 14 days’ notice to the person sought to be fined or
 1505  suspended and an opportunity for a hearing before a committee of
 1506  at least three members appointed by the board who are not
 1507  officers, directors, or employees of the association, or the
 1508  spouse, parent, child, brother, or sister of an officer,
 1509  director, or employee. If the committee, by majority vote, does
 1510  not approve a proposed fine or suspension, it may not be
 1511  imposed. If the association imposes a fine or suspension, the
 1512  association must provide written notice of such fine or
 1513  suspension by mail or hand delivery to the parcel owner and, if
 1514  applicable, to any tenant, licensee, or invitee of the parcel
 1515  owner.
 1516         (4) An association may suspend the voting rights of a
 1517  parcel or member for the nonpayment of any monetary obligation
 1518  due to the association that is more than 90 days delinquent. A
 1519  voting interest or consent right allocated to a parcel or member
 1520  which has been suspended by the association may not be counted
 1521  towards the total number of voting interests for any purpose,
 1522  including, but not limited to, the number of voting interests
 1523  necessary to constitute a quorum, the number of voting interests
 1524  required to conduct an election, or the number of voting
 1525  interests required to approve an action under this chapter or
 1526  pursuant to the governing documents. The notice and hearing
 1527  requirements under subsection (2) do not apply to a suspension
 1528  imposed under this subsection. The suspension ends upon full
 1529  payment of all obligations currently due or overdue to the
 1530  association.
 1531         Section 15. Paragraph (d) is added to subsection (1) of
 1532  section 720.306, Florida Statutes, and subsections (6) and (9)
 1533  of that section are amended, to read:
 1534         720.306 Meetings of members; voting and election
 1535  procedures; amendments.—
 1536         (1) QUORUM; AMENDMENTS.—
 1537         (d) The Legislature finds that the procurement of mortgagee
 1538  consent to amendments that do not affect the rights or interests
 1539  of mortgagees is an unreasonable and substantial logistical and
 1540  financial burden on the parcel owners and that there is a
 1541  compelling state interest in enabling the members of an
 1542  association to approve amendments to the association’s governing
 1543  documents through legal means. Accordingly, and notwithstanding
 1544  any provision of this paragraph to the contrary:
 1545         1. As to any mortgage recorded on or after July 1, 2013,
 1546  any provision in the association’s governing documents that
 1547  requires the consent or joinder of some or all mortgagees of
 1548  parcels or any other portion of the association’s common areas
 1549  to amend the association’s governing documents or for any other
 1550  matter is enforceable only as to amendments to the association’s
 1551  governing documents that adversely affect the priority of the
 1552  mortgagee’s lien or the mortgagee’s rights to foreclose its lien
 1553  or that otherwise materially affect the rights and interests of
 1554  the mortgagees.
 1555         2. As to mortgages recorded before July 1, 2013, any
 1556  existing provisions in the association’s governing documents
 1557  requiring mortgagee consent are enforceable.
 1558         3. In securing consent or joinder, the association is
 1559  entitled to rely upon the public records to identify the holders
 1560  of outstanding mortgages. The association may use the address
 1561  provided in the original recorded mortgage document, unless
 1562  there is a different address for the holder of the mortgage in a
 1563  recorded assignment or modification of the mortgage, which
 1564  recorded assignment or modification must reference the official
 1565  records book and page on which the original mortgage was
 1566  recorded. Once the association has identified the recorded
 1567  mortgages of record, the association shall, in writing, request
 1568  of each parcel owner whose parcel is encumbered by a mortgage of
 1569  record any information that the owner has in his or her
 1570  possession regarding the name and address of the person to whom
 1571  mortgage payments are currently being made. Notice shall be sent
 1572  to such person if the address provided in the original recorded
 1573  mortgage document is different from the name and address of the
 1574  mortgagee or assignee of the mortgage as shown by the public
 1575  record. The association is deemed to have complied with this
 1576  requirement by making the written request of the parcel owners
 1577  required under this subparagraph. Any notices required to be
 1578  sent to the mortgagees under this subparagraph shall be sent to
 1579  all available addresses provided to the association.
 1580         4. Any notice to the mortgagees required under subparagraph
 1581  3. may be sent by a method that establishes proof of delivery,
 1582  and any mortgagee who fails to respond within 60 days after the
 1583  date of mailing is deemed to have consented to the amendment.
 1584         5. For those amendments requiring mortgagee consent on or
 1585  after July 1, 2013, in the event mortgagee consent is provided
 1586  other than by properly recorded joinder, such consent shall be
 1587  evidenced by affidavit of the association recorded in the public
 1588  records of the county in which the declaration is recorded.
 1589         6. Any amendment adopted without the required consent of a
 1590  mortgagee is voidable only by a mortgagee who was entitled to
 1591  notice and an opportunity to consent. An action to void an
 1592  amendment is subject to the statute of limitations beginning 5
 1593  years after the date of discovery as to the amendments described
 1594  in subparagraph 1. and 5 years after the date of recordation of
 1595  the certificate of amendment for all other amendments. This
 1596  subparagraph applies to all mortgages, regardless of the date of
 1597  recordation of the mortgage.
 1598         (6) RIGHT TO SPEAK.—Members and parcel owners have the
 1599  right to attend all membership meetings and to speak at any
 1600  meeting with reference to all items opened for discussion or
 1601  included on the agenda. Notwithstanding any provision to the
 1602  contrary in the governing documents or any rules adopted by the
 1603  board or by the membership, a member and a parcel owner have the
 1604  right to speak for at least 3 minutes on any item, provided that
 1605  the member or parcel owner submits a written request to speak
 1606  prior to the meeting. The association may adopt written
 1607  reasonable rules governing the frequency, duration, and other
 1608  manner of member and parcel owner statements, which rules must
 1609  be consistent with this subsection.
 1610         (9)(a) ELECTIONS AND BOARD VACANCIES.—
 1611         (a) Elections of directors must be conducted in accordance
 1612  with the procedures set forth in the governing documents of the
 1613  association. All members of the association are eligible to
 1614  serve on the board of directors, and a member may nominate
 1615  himself or herself as a candidate for the board at a meeting
 1616  where the election is to be held or, if the election process
 1617  allows voting by absentee ballot, in advance of the balloting.
 1618  Except as otherwise provided in the governing documents, boards
 1619  of directors must be elected by a plurality of the votes cast by
 1620  eligible voters. Any challenge to the election process must be
 1621  commenced within 60 days after the election results are
 1622  announced.
 1623         (b) A person who is delinquent in the payment of any fee,
 1624  fine, or other monetary obligation to the association for more
 1625  than 90 days is not eligible for board membership. A person who
 1626  has been convicted of any felony in this state or in a United
 1627  States District or Territorial Court, or has been convicted of
 1628  any offense in another jurisdiction which would be considered a
 1629  felony if committed in this state, is not eligible for board
 1630  membership unless such felon’s civil rights have been restored
 1631  for at least 5 years as of the date on which such person seeks
 1632  election to the board. The validity of any action by the board
 1633  is not affected if it is later determined that a member of the
 1634  board is ineligible for board membership.
 1635         (c) Any election dispute between a member and an
 1636  association must be submitted to mandatory binding arbitration
 1637  with the division. Such proceedings must be conducted in the
 1638  manner provided by s. 718.1255 and the procedural rules adopted
 1639  by the division. Unless otherwise provided in the bylaws, any
 1640  vacancy occurring on the board before the expiration of a term
 1641  may be filled by an affirmative vote of the majority of the
 1642  remaining directors, even if the remaining directors constitute
 1643  less than a quorum, or by the sole remaining director. In the
 1644  alternative, a board may hold an election to fill the vacancy,
 1645  in which case the election procedures must conform to the
 1646  requirements of the governing documents. Unless otherwise
 1647  provided in the bylaws, a board member appointed or elected
 1648  under this section is appointed for the unexpired term of the
 1649  seat being filled. Filling vacancies created by recall is
 1650  governed by s. 720.303(10) and rules adopted by the division.
 1651         Section 16. This act shall take effect July 1, 2013.