Florida Senate - 2018                        COMMITTEE AMENDMENT
       Bill No. SB 1274
       
       
       
       
       
       
                                Ì2365083Î236508                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/01/2018           .                                
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       The Committee on Regulated Industries (Passidomo) recommended
       the following:
       
    1         Senate Amendment (with directory and title amendments)
    2  
    3         Delete lines 108 - 619
    4  and insert:
    5         (a) From the inception of the association, The association
    6  shall maintain each of the following items, if applicable, which
    7  constitutes the official records of the association:
    8         1. A copy of the plans, permits, warranties, and other
    9  items provided by the developer pursuant to s. 718.301(4).
   10         2. A photocopy of the recorded declaration of condominium
   11  of each condominium operated by the association and each
   12  amendment to each declaration.
   13         3. A photocopy of the recorded bylaws of the association
   14  and each amendment to the bylaws.
   15         4. A certified copy of the articles of incorporation of the
   16  association, or other documents creating the association, and
   17  each amendment thereto.
   18         5. A copy of the current rules of the association.
   19         6. A book or books that contain the minutes of all meetings
   20  of the association, the board of administration, and the unit
   21  owners, which minutes must be retained for at least 7 years.
   22         7. A current roster of all unit owners and their mailing
   23  addresses, unit identifications, voting certifications, and, if
   24  known, telephone numbers. The association shall also maintain
   25  the e-mail electronic mailing addresses and facsimile numbers of
   26  unit owners consenting to receive notice by electronic
   27  transmission. The e-mail electronic mailing addresses and
   28  facsimile numbers are not accessible to unit owners if consent
   29  to receive notice by electronic transmission is not provided in
   30  accordance with sub-subparagraph (c)3.e. However, the
   31  association is not liable for an inadvertent disclosure of the
   32  e-mail electronic mail address or facsimile number for receiving
   33  electronic transmission of notices.
   34         8. All current insurance policies of the association and
   35  condominiums operated by the association.
   36         9. A current copy of any management agreement, lease, or
   37  other contract to which the association is a party or under
   38  which the association or the unit owners have an obligation or
   39  responsibility.
   40         10. Bills of sale or transfer for all property owned by the
   41  association.
   42         11. Accounting records for the association and separate
   43  accounting records for each condominium that the association
   44  operates. All accounting records must be maintained for at least
   45  7 years. Any person who knowingly or intentionally defaces or
   46  destroys such records, or who knowingly or intentionally fails
   47  to create or maintain such records, with the intent of causing
   48  harm to the association or one or more of its members, is
   49  personally subject to a civil penalty pursuant to s.
   50  718.501(1)(d). The accounting records must include, but are not
   51  limited to:
   52         a. Accurate, itemized, and detailed records of all receipts
   53  and expenditures.
   54         b. A current account and a monthly, bimonthly, or quarterly
   55  statement of the account for each unit designating the name of
   56  the unit owner, the due date and amount of each assessment, the
   57  amount paid on the account, and the balance due.
   58         c. All audits, reviews, accounting statements, and
   59  financial reports of the association or condominium.
   60         d. All contracts for work to be performed. Bids for work to
   61  be performed are also considered official records and must be
   62  maintained by the association for a period of 1 year after the
   63  date of receipt.
   64         12. Ballots, sign-in sheets, voting proxies, and all other
   65  papers and electronic records relating to voting by unit owners,
   66  which must be maintained for 1 year from the date of the
   67  election, vote, or meeting to which the document relates,
   68  notwithstanding paragraph (b).
   69         13. All rental records if the association is acting as
   70  agent for the rental of condominium units.
   71         14. A copy of the current question and answer sheet as
   72  described in s. 718.504.
   73         15. All other written records of the association not
   74  specifically included in the foregoing which are related to the
   75  operation of the association.
   76         16. A copy of the inspection report as described in s.
   77  718.301(4)(p).
   78         17. Bids for materials, equipment, or services, which must
   79  be maintained by the association for a period of 1 year after
   80  the date of receipt.
   81         (b) The official records specified in subparagraphs (a)1.
   82  6. must be permanently maintained from the inception of the
   83  association. All other official records of the association must
   84  be maintained within the state for at least 7 years, unless
   85  otherwise provided by law. The records of the association shall
   86  be made available to a unit owner within 45 miles of the
   87  condominium property or within the county in which the
   88  condominium property is located within 10 5 working days after
   89  receipt of a written request by the board or its designee.
   90  However, such distance requirement does not apply to an
   91  association governing a timeshare condominium. This paragraph
   92  may be complied with by having a copy of the official records of
   93  the association available for inspection or copying on the
   94  condominium property or association property, or the association
   95  may offer the option of making the records available to a unit
   96  owner electronically via the Internet or by allowing the records
   97  to be viewed in electronic format on a computer screen and
   98  printed upon request. The association is not responsible for the
   99  use or misuse of the information provided to an association
  100  member or his or her authorized representative pursuant to the
  101  compliance requirements of this chapter unless the association
  102  has an affirmative duty not to disclose such information
  103  pursuant to this chapter.
  104         (c)1. The official records of the association are open to
  105  inspection by any association member or the authorized
  106  representative of such member at all reasonable times. The right
  107  to inspect the records includes the right to make or obtain
  108  copies, at the reasonable expense, if any, of the member or
  109  authorized representative of such member. A renter of a unit has
  110  a right to inspect and copy the association’s bylaws and rules.
  111  The association may adopt reasonable rules regarding the
  112  frequency, time, location, notice, and manner of record
  113  inspections and copying. The failure of an association to
  114  provide the records within 10 working days after receipt of a
  115  written request creates a rebuttable presumption that the
  116  association willfully failed to comply with this paragraph. A
  117  unit owner who is denied access to official records is entitled
  118  to the actual damages or minimum damages for the association’s
  119  willful failure to comply. Minimum damages are $50 per calendar
  120  day for up to 10 days, beginning on the 11th working day after
  121  receipt of the written request. The failure to allow permit
  122  inspection entitles any person prevailing in an enforcement
  123  action to recover reasonable attorney fees from the person in
  124  control of the records who, directly or indirectly, knowingly
  125  denied access to the records.
  126         2. Any person who knowingly or intentionally defaces or
  127  destroys accounting records that are required by this chapter to
  128  be maintained during the period for which such records are
  129  required to be maintained, or who knowingly or intentionally
  130  fails to create or maintain accounting records that are required
  131  to be created or maintained, with the intent of causing harm to
  132  the association or one or more of its members, is personally
  133  subject to a civil penalty pursuant to s. 718.501(1)(d).
  134         3. The association shall maintain an adequate number of
  135  copies of the declaration, articles of incorporation, bylaws,
  136  and rules, and all amendments to each of the foregoing, as well
  137  as the question and answer sheet as described in s. 718.504 and
  138  year-end financial information required under this section, on
  139  the condominium property to ensure their availability to unit
  140  owners and prospective purchasers, and may charge its actual
  141  costs for preparing and furnishing these documents to those
  142  requesting the documents. An association shall allow a member or
  143  his or her authorized representative to use a portable device,
  144  including a smartphone, tablet, portable scanner, or any other
  145  technology capable of scanning or taking photographs, to make an
  146  electronic copy of the official records in lieu of the
  147  association’s providing the member or his or her authorized
  148  representative with a copy of such records. The association may
  149  not charge a member or his or her authorized representative for
  150  the use of a portable device. Notwithstanding this paragraph,
  151  the following records are not accessible to unit owners:
  152         a. Any record protected by the lawyer-client privilege as
  153  described in s. 90.502 and any record protected by the work
  154  product privilege, including a record prepared by an association
  155  attorney or prepared at the attorney’s express direction, which
  156  reflects a mental impression, conclusion, litigation strategy,
  157  or legal theory of the attorney or the association, and which
  158  was prepared exclusively for civil or criminal litigation or for
  159  adversarial administrative proceedings, or which was prepared in
  160  anticipation of such litigation or proceedings until the
  161  conclusion of the litigation or proceedings.
  162         b. Information obtained by an association in connection
  163  with the approval of the lease, sale, or other transfer of a
  164  unit.
  165         c. Personnel records of association or management company
  166  employees, including, but not limited to, disciplinary, payroll,
  167  health, and insurance records. For purposes of this sub
  168  subparagraph, the term “personnel records” does not include
  169  written employment agreements with an association employee or
  170  management company, or budgetary or financial records that
  171  indicate the compensation paid to an association employee.
  172         d. Medical records of unit owners.
  173         e. Social security numbers, driver license numbers, credit
  174  card numbers, e-mail addresses, telephone numbers, facsimile
  175  numbers, emergency contact information, addresses of a unit
  176  owner other than as provided to fulfill the association’s notice
  177  requirements, and other personal identifying information of any
  178  person, excluding the person’s name, unit designation, mailing
  179  address, property address, and any address, e-mail address, or
  180  facsimile number provided to the association to fulfill the
  181  association’s notice requirements. Notwithstanding the
  182  restrictions in this sub-subparagraph, an association may print
  183  and distribute to parcel owners a directory containing the name,
  184  parcel address, and all telephone numbers of each parcel owner.
  185  However, an owner may exclude his or her telephone numbers from
  186  the directory by so requesting in writing to the association. An
  187  owner may consent in writing to the disclosure of other contact
  188  information described in this sub-subparagraph. The association
  189  is not liable for the inadvertent disclosure of information that
  190  is protected under this sub-subparagraph if the information is
  191  included in an official record of the association and is
  192  voluntarily provided by an owner and not requested by the
  193  association.
  194         f. Electronic security measures that are used by the
  195  association to safeguard data, including passwords.
  196         g. The software and operating system used by the
  197  association which allow the manipulation of data, even if the
  198  owner owns a copy of the same software used by the association.
  199  The data is part of the official records of the association.
  200         (e)1. The association or its authorized agent is not
  201  required to provide a prospective purchaser or lienholder with
  202  information about the condominium or the association other than
  203  information or documents required by this chapter to be made
  204  available or disclosed. The association or its authorized agent
  205  may charge a reasonable fee to the prospective purchaser,
  206  lienholder, or the current unit owner for providing good faith
  207  responses to requests for information by or on behalf of a
  208  prospective purchaser or lienholder, other than that required by
  209  law, if the fee does not exceed $150 plus the reasonable cost of
  210  photocopying and any attorney attorney’s fees incurred by the
  211  association in connection with the response.
  212         2. An association and its authorized agent are not liable
  213  for providing such information in good faith pursuant to a
  214  written request if the person providing the information includes
  215  a written statement in substantially the following form: “The
  216  responses herein are made in good faith and to the best of my
  217  ability as to their accuracy.”
  218         (g)1. By July 1, 2018, an association managing a
  219  condominium with 150 or more units which does not contain manage
  220  timeshare units shall post digital copies of the documents
  221  specified in subparagraph 2. on its website.
  222         a. The association’s website must be:
  223         (I) An independent website or web portal wholly owned and
  224  operated by the association; or
  225         (II) A website or web portal operated by a third-party
  226  provider with whom the association owns, leases, rents, or
  227  otherwise obtains the right to operate a web page, subpage, web
  228  portal, or collection of subpages or web portals dedicated to
  229  the association’s activities and on which required notices,
  230  records, and documents may be posted by the association.
  231         b. The association’s website must be accessible through the
  232  Internet and must contain a subpage, web portal, or other
  233  protected electronic location that is inaccessible to the
  234  general public and accessible only to unit owners and employees
  235  of the association.
  236         c. Upon a unit owner’s written request, the association
  237  must provide the unit owner with a username and password and
  238  access to the protected sections of the association’s website
  239  that contain any notices, records, or documents that must be
  240  electronically provided.
  241         2. A current copy of the following documents must be posted
  242  in digital format on the association’s website:
  243         a. The recorded declaration of condominium of each
  244  condominium operated by the association and each amendment to
  245  each declaration.
  246         b. The recorded bylaws of the association and each
  247  amendment to the bylaws.
  248         c. The articles of incorporation of the association, or
  249  other documents creating the association, and each amendment
  250  thereto. The copy posted pursuant to this sub-subparagraph must
  251  be a copy of the articles of incorporation filed with the
  252  Department of State.
  253         d. The rules of the association, if any.
  254         e. A list of all executory contracts or documents Any
  255  management agreement, lease, or other contract to which the
  256  association is a party or under which the association or the
  257  unit owners have an obligation or responsibility and, after
  258  bidding for the related materials, equipment, or services has
  259  closed, a list of bids received by the association within the
  260  past year. Summaries of bids for materials, equipment, or
  261  services which exceed $2,500 must be maintained on the website
  262  for 1 year.
  263         f. The annual budget required by s. 718.112(2)(f) and any
  264  proposed budget to be considered at the annual meeting.
  265         g. The financial report required by subsection (13) and any
  266  proposed financial report to be considered at a meeting.
  267         h. The certification of each director required by s.
  268  718.112(2)(d)4.b.
  269         i. All contracts or transactions between the association
  270  and any director, officer, corporation, firm, or association
  271  that is not an affiliated condominium association or any other
  272  entity in which an association director is also a director or
  273  officer and financially interested.
  274         j. Any contract or document regarding a conflict of
  275  interest or possible conflict of interest as provided in ss.
  276  468.436(2)(b)6. and 718.3027(3) ss. 468.436(2) and 718.3026(3).
  277         k. The notice of any unit owner meeting and the agenda for
  278  the meeting, as required by s. 718.112(2)(d)3., no later than 14
  279  days before the meeting. The notice must be posted in plain view
  280  on the front page of the website, or on a separate subpage of
  281  the website labeled “Notices” which is conspicuously visible and
  282  linked from the front page. The association must also post on
  283  its website any document to be considered and voted on by the
  284  owners during the meeting or any document listed on the agenda
  285  at least 7 days before the meeting at which the document or the
  286  information within the document will be considered.
  287         l. Notice of any board meeting, the agenda, and any other
  288  document required for the meeting as required by s.
  289  718.112(2)(c), which must be posted no later than the date
  290  required for notice pursuant to s. 718.112(2)(c).
  291         3. The association shall ensure that the information and
  292  records described in paragraph (c), which are not allowed
  293  permitted to be accessible to unit owners, are not posted on the
  294  association’s website. If protected information or information
  295  restricted from being accessible to unit owners is included in
  296  documents that are required to be posted on the association’s
  297  website, the association shall ensure the information is
  298  redacted before posting the documents online. Notwithstanding
  299  the foregoing, the association or its agent is not liable for
  300  disclosing information that is protected or restricted pursuant
  301  to this paragraph unless such disclosure was made with a knowing
  302  or intentional disregard of the protected or restricted nature
  303  of such information.
  304         4. The failure of the association to post information
  305  required under subparagraph 2. is not in and of itself
  306  sufficient to invalidate any action or decision of the
  307  association’s board or its committees.
  308         (13) FINANCIAL REPORTING.—Within 90 days after the end of
  309  the fiscal year, or annually on a date provided in the bylaws,
  310  the association shall prepare and complete, or contract for the
  311  preparation and completion of, a financial report for the
  312  preceding fiscal year. Within 21 days after the final financial
  313  report is completed by the association or received from the
  314  third party, but not later than 120 days after the end of the
  315  fiscal year or other date as provided in the bylaws, the
  316  association shall mail to each unit owner at the address last
  317  furnished to the association by the unit owner, or hand deliver
  318  to each unit owner, a copy of the most recent financial report
  319  or a notice that a copy of the most recent financial report will
  320  be mailed or hand delivered to the unit owner, without charge,
  321  within 5 business days after receipt of a written request from
  322  the unit owner. The division shall adopt rules setting forth
  323  uniform accounting principles and standards to be used by all
  324  associations and addressing the financial reporting requirements
  325  for multicondominium associations. The rules must include, but
  326  not be limited to, standards for presenting a summary of
  327  association reserves, including a good faith estimate disclosing
  328  the annual amount of reserve funds that would be necessary for
  329  the association to fully fund reserves for each reserve item
  330  based on the straight-line accounting method. This disclosure is
  331  not applicable to reserves funded via the pooling method. In
  332  adopting such rules, the division shall consider the number of
  333  members and annual revenues of an association. Financial reports
  334  shall be prepared as follows:
  335         (e) A unit owner may provide written notice to the division
  336  of the association’s failure to mail or hand deliver him or her
  337  a copy of the most recent financial report within 5 business
  338  days after he or she submitted a written request to the
  339  association for a copy of such report. If the division
  340  determines that the association failed to mail or hand deliver a
  341  copy of the most recent financial report to the unit owner, the
  342  division shall provide written notice to the association that
  343  the association must mail or hand deliver a copy of the most
  344  recent financial report to the unit owner and the division
  345  within 5 business days after it receives such notice from the
  346  division. An association that fails to comply with the
  347  division’s request may not waive the financial reporting
  348  requirement provided in paragraph (d) for the fiscal year in
  349  which the unit owner’s request was made and the following fiscal
  350  year. A financial report received by the division pursuant to
  351  this paragraph shall be maintained, and the division shall
  352  provide a copy of such report to an association member upon his
  353  or her request.
  354         Section 2. Paragraphs (a), (c), (d), and (j) of subsection
  355  (2) of section 718.112, Florida Statutes, are amended to read:
  356         718.112 Bylaws.—
  357         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  358  following and, if they do not do so, shall be deemed to include
  359  the following:
  360         (a) Administration.—
  361         1. The form of administration of the association shall be
  362  described indicating the title of the officers and board of
  363  administration and specifying the powers, duties, manner of
  364  selection and removal, and compensation, if any, of officers and
  365  boards. In the absence of such a provision, the board of
  366  administration shall be composed of five members, unless the
  367  except in the case of a condominium which has five or fewer
  368  units. The board shall consist of not fewer than three members
  369  in condominiums with five or fewer units that are not-for-profit
  370  corporations, in which case in a not-for-profit corporation the
  371  board shall consist of not fewer than three members. In the
  372  absence of provisions to the contrary in the bylaws, the board
  373  of administration shall have a president, a secretary, and a
  374  treasurer, who shall perform the duties of such officers
  375  customarily performed by officers of corporations. Unless
  376  prohibited in the bylaws, the board of administration may
  377  appoint other officers and grant them the duties it deems
  378  appropriate. Unless otherwise provided in the bylaws, the
  379  officers shall serve without compensation and at the pleasure of
  380  the board of administration. Unless otherwise provided in the
  381  bylaws, the members of the board shall serve without
  382  compensation.
  383         2. When a unit owner of a residential condominium files a
  384  written inquiry by certified mail with the board of
  385  administration, the board shall respond in writing to the unit
  386  owner within 30 days after receipt of the inquiry. The board’s
  387  response shall either give a substantive response to the
  388  inquirer, notify the inquirer that a legal opinion has been
  389  requested, or notify the inquirer that advice has been requested
  390  from the division. If the board requests advice from the
  391  division, the board shall, within 10 days after its receipt of
  392  the advice, provide in writing a substantive response to the
  393  inquirer. If a legal opinion is requested, the board shall,
  394  within 60 days after the receipt of the inquiry, provide in
  395  writing a substantive response to the inquiry. The failure to
  396  provide a substantive response to the inquiry as provided herein
  397  precludes the board from recovering attorney fees and costs in
  398  any subsequent litigation, administrative proceeding, or
  399  arbitration arising out of the inquiry. The association may
  400  through its board of administration adopt reasonable rules and
  401  regulations regarding the frequency and manner of responding to
  402  unit owner inquiries, one of which may be that the association
  403  is only obligated to respond to one written inquiry per unit in
  404  any given 30-day period. In such a case, any additional inquiry
  405  or inquiries must be responded to in the subsequent 30-day
  406  period, or periods, as applicable.
  407         (c) Board of administration meetings.—Meetings of the board
  408  of administration at which a quorum of the members is present
  409  are open to all unit owners. Members of the board of
  410  administration may use e-mail as a means of communication but
  411  may not cast a vote on an association matter via e-mail. A unit
  412  owner may tape record or videotape the meetings. The right to
  413  attend such meetings includes the right to speak at such
  414  meetings with reference to all designated agenda items. The
  415  division shall adopt reasonable rules governing the tape
  416  recording and videotaping of the meeting. The association may
  417  adopt written reasonable rules governing the frequency,
  418  duration, and manner of unit owner statements.
  419         1. Adequate notice of all board meetings, which must
  420  specifically identify all agenda items, must be posted
  421  conspicuously on the condominium property at least 48 continuous
  422  hours before the meeting except in an emergency. If 20 percent
  423  of the voting interests petition the board to address an item of
  424  business, the board, within 60 days after receipt of the
  425  petition, shall place the item on the agenda at its next regular
  426  board meeting or at a special meeting called for that purpose.
  427  An item not included on the notice may be taken up on an
  428  emergency basis by a vote of at least a majority plus one of the
  429  board members. Such emergency action must be noticed and
  430  ratified at the next regular board meeting. However, Written
  431  notice of a meeting at which a nonemergency special assessment
  432  or an amendment to rules regarding unit use will be considered
  433  must be mailed, delivered, or electronically transmitted to the
  434  unit owners and posted conspicuously on the condominium property
  435  at least 14 days before the meeting. Evidence of compliance with
  436  this 14-day notice requirement must be made by an affidavit
  437  executed by the person providing the notice and filed with the
  438  official records of the association. Notice of any meeting in
  439  which regular or special assessments against unit owners are to
  440  be considered must specifically state that assessments will be
  441  considered and provide the estimated cost and description of the
  442  purposes for such assessments. Upon notice to the unit owners,
  443  the board shall, by duly adopted rule, designate a specific
  444  location on the condominium or association property where all
  445  notices of board meetings must be posted. If there is no
  446  condominium property or association property where notices can
  447  be posted, notices shall be mailed, delivered, or electronically
  448  transmitted to each unit owner at least 14 days before the
  449  meeting. In lieu of or in addition to the physical posting of
  450  the notice on the condominium property, the association may, by
  451  reasonable rule, adopt a procedure for conspicuously posting and
  452  repeatedly broadcasting the notice and the agenda on a closed
  453  circuit cable television system serving the condominium
  454  association. However, if broadcast notice is used in lieu of a
  455  notice physically posted on condominium property, the notice and
  456  agenda must be broadcast at least four times every broadcast
  457  hour of each day that a posted notice is otherwise required
  458  under this section. If broadcast notice is provided, the notice
  459  and agenda must be broadcast in a manner and for a sufficient
  460  continuous length of time so as to allow an average reader to
  461  observe the notice and read and comprehend the entire content of
  462  the notice and the agenda. In addition to any of the authorized
  463  means of providing notice of a meeting of the board, the
  464  association may, by rule, adopt a procedure for conspicuously
  465  posting the meeting notice and the agenda on the condominium
  466  association’s website for at least the minimum period of time
  467  for which a notice of a meeting is also required to be
  468  physically posted on the condominium property. Any rule adopted,
  469  in addition to other matters, must include a requirement that
  470  the association send an electronic notice in the same manner as
  471  a notice for a meeting of the members, which must include a
  472  hyperlink to the website where the notice is posted, to unit
  473  owners whose e-mail addresses are included in the association’s
  474  official records Notice of any meeting in which regular or
  475  special assessments against unit owners are to be considered
  476  must specifically state that assessments will be considered and
  477  provide the nature, estimated cost, and description of the
  478  purposes for such assessments.
  479         2. Meetings of a committee to take final action on behalf
  480  of the board or make recommendations to the board regarding the
  481  association budget are subject to this paragraph. Meetings of a
  482  committee that does not take final action on behalf of the board
  483  or make recommendations to the board regarding the association
  484  budget are subject to this section, unless those meetings are
  485  exempted from this section by the bylaws of the association.
  486         3. Notwithstanding any other law, the requirement that
  487  board meetings and committee meetings be open to the unit owners
  488  does not apply to:
  489         a. Meetings between the board or a committee and the
  490  association’s attorney, with respect to proposed or pending
  491  litigation, if the meeting is held for the purpose of seeking or
  492  rendering legal advice; or
  493         b. Board meetings held for the purpose of discussing
  494  personnel matters.
  495         (d) Unit owner meetings.—
  496         1. An annual meeting of the unit owners must shall be held
  497  at the location provided in the association bylaws and, if the
  498  bylaws are silent as to the location, the meeting must shall be
  499  held within 45 miles of the condominium property. However, such
  500  distance requirement does not apply to an association governing
  501  a timeshare condominium.
  502         2. Unless the bylaws provide otherwise, a vacancy on the
  503  board caused by the expiration of a director’s term must shall
  504  be filled by electing a new board member, and the election must
  505  be by secret ballot. An election is not required if the number
  506  of vacancies equals or exceeds the number of candidates. For
  507  purposes of this paragraph, the term “candidate” means an
  508  eligible person who has timely submitted the written notice, as
  509  described in sub-subparagraph 4.a., of his or her intention to
  510  become a candidate. Except in a timeshare or nonresidential
  511  condominium, or if the staggered term of a board member does not
  512  expire until a later annual meeting, or if all members’ terms
  513  would otherwise expire but there are no candidates, the terms of
  514  all board members expire at the annual meeting, and such members
  515  may stand for reelection unless prohibited by the bylaws. Board
  516  members may serve 2-year terms longer than 1 year if allowed
  517  permitted by the bylaws or articles of incorporation. A board
  518  member may not serve more than 8 consecutive years four
  519  consecutive 2-year terms, unless approved by an affirmative vote
  520  of two-thirds of all votes cast in the election the total voting
  521  interests of the association or unless there are not enough
  522  eligible candidates to fill the vacancies on the board at the
  523  time of the vacancy. If the number of board members whose terms
  524  expire at the annual meeting equals or exceeds the number of
  525  candidates, the candidates become members of the board effective
  526  upon the adjournment of the annual meeting. Unless the bylaws
  527  provide otherwise, any remaining vacancies shall be filled by
  528  the affirmative vote of the majority of the directors making up
  529  the newly constituted board even if the directors constitute
  530  less than a quorum or there is only one director. In a
  531  residential condominium association of more than 10 units or in
  532  a residential condominium association that does not include
  533  timeshare units or timeshare interests, coowners of a unit may
  534  not serve as members of the board of directors at the same time
  535  unless they own more than one unit or unless there are not
  536  enough eligible candidates to fill the vacancies on the board at
  537  the time of the vacancy. A unit owner in a residential
  538  condominium desiring to be a candidate for board membership must
  539  comply with sub-subparagraph 4.a. and must be eligible to be a
  540  candidate to serve on the board of directors at the time of the
  541  deadline for submitting a notice of intent to run in order to
  542  have his or her name listed as a proper candidate on the ballot
  543  or to serve on the board. A person who has been suspended or
  544  removed by the division under this chapter, or who is delinquent
  545  in the payment of any monetary obligation due to the
  546  association, is not eligible to be a candidate for board
  547  membership and may not be listed on the ballot. A person who has
  548  been convicted of any felony in this state or in a United States
  549  District or Territorial Court, or who has been convicted of any
  550  offense in another jurisdiction which would be considered a
  551  felony if committed in this state, is not eligible for board
  552  membership unless such felon’s civil rights have been restored
  553  for at least 5 years as of the date such person seeks election
  554  to the board. The validity of an action by the board is not
  555  affected if it is later determined that a board member is
  556  ineligible for board membership due to having been convicted of
  557  a felony. This subparagraph does not limit the term of a member
  558  of the board of a nonresidential or timeshare condominium.
  559         3. The bylaws must provide the method of calling meetings
  560  of unit owners, including annual meetings. Written notice must
  561  include an agenda, must be mailed, hand delivered, or
  562  electronically transmitted to each unit owner at least 14 days
  563  before the annual meeting, and must be posted in a conspicuous
  564  place on the condominium property at least 14 continuous days
  565  before the annual meeting. Upon notice to the unit owners, the
  566  board shall, by duly adopted rule, designate a specific location
  567  on the condominium property or association property where all
  568  notices of unit owner meetings must shall be posted. This
  569  requirement does not apply if there is no condominium property
  570  or association property for posting notices. In lieu of, or in
  571  addition to, the physical posting of meeting notices, the
  572  association may, by reasonable rule, adopt a procedure for
  573  conspicuously posting and repeatedly broadcasting the notice and
  574  the agenda on a closed-circuit cable television system serving
  575  the condominium association. However, if broadcast notice is
  576  used in lieu of a notice posted physically on the condominium
  577  property, the notice and agenda must be broadcast at least four
  578  times every broadcast hour of each day that a posted notice is
  579  otherwise required under this section. If broadcast notice is
  580  provided, the notice and agenda must be broadcast in a manner
  581  and for a sufficient continuous length of time so as to allow an
  582  average reader to observe the notice and read and comprehend the
  583  entire content of the notice and the agenda. In addition to any
  584  of the authorized means of providing notice of a meeting of the
  585  board, the association may, by rule, adopt a procedure for
  586  conspicuously posting the meeting notice and the agenda on the
  587  condominium association’s website for at least the minimum
  588  period of time for which a notice of a meeting is also required
  589  to be physically posted on the condominium property. Any rule
  590  adopted, in addition to other matters, must include a
  591  requirement that the association send an electronic notice in
  592  the same manner as a notice for a meeting of the members, which
  593  must include a hyperlink to the website where the notice is
  594  posted, to unit owners whose e-mail addresses are included in
  595  the association’s official records. Unless a unit owner waives
  596  in writing the right to receive notice of the annual meeting,
  597  such notice must be hand delivered, mailed, or electronically
  598  transmitted to each unit owner. Notice for meetings and notice
  599  for all other purposes must be mailed to each unit owner at the
  600  address last furnished to the association by the unit owner, or
  601  hand delivered to each unit owner. However, if a unit is owned
  602  by more than one person, the association must provide notice to
  603  the address that the developer identifies for that purpose and
  604  thereafter as one or more of the owners of the unit advise the
  605  association in writing, or if no address is given or the owners
  606  of the unit do not agree, to the address provided on the deed of
  607  record. An officer of the association, or the manager or other
  608  person providing notice of the association meeting, must provide
  609  an affidavit or United States Postal Service certificate of
  610  mailing, to be included in the official records of the
  611  association affirming that the notice was mailed or hand
  612  delivered in accordance with this provision.
  613         4. The members of the board of a residential condominium
  614  shall be elected by written ballot or voting machine. Proxies
  615  may not be used in electing the board in general elections or
  616  elections to fill vacancies caused by recall, resignation, or
  617  otherwise, unless otherwise provided in this chapter. This
  618  subparagraph does not apply to an association governing a
  619  timeshare condominium.
  620         a. At least 60 days before a scheduled election, the
  621  association shall mail, deliver, or electronically transmit, by
  622  separate association mailing or included in another association
  623  mailing, delivery, or transmission, including regularly
  624  published newsletters, to each unit owner entitled to a vote, a
  625  first notice of the date of the election. A unit owner or other
  626  eligible person desiring to be a candidate for the board must
  627  give written notice of his or her intent to be a candidate to
  628  the association at least 40 days before a scheduled election.
  629  Together with the written notice and agenda as set forth in
  630  subparagraph 3., the association shall mail, deliver, or
  631  electronically transmit a second notice of the election to all
  632  unit owners entitled to vote, together with a ballot that lists
  633  all candidates. Upon request of a candidate, an information
  634  sheet, no larger than 8 1/2 inches by 11 inches, which must be
  635  furnished by the candidate at least 35 days before the election,
  636  must be included with the mailing, delivery, or transmission of
  637  the ballot, with the costs of mailing, delivery, or electronic
  638  transmission and copying to be borne by the association. The
  639  association is not liable for the contents of the information
  640  sheets prepared by the candidates. In order to reduce costs, the
  641  association may print or duplicate the information sheets on
  642  both sides of the paper. The division shall by rule establish
  643  voting procedures consistent with this sub-subparagraph,
  644  including rules establishing procedures for giving notice by
  645  electronic transmission and rules providing for the secrecy of
  646  ballots. Elections shall be decided by a plurality of ballots
  647  cast. There is no quorum requirement; however, at least 20
  648  percent of the eligible voters must cast a ballot in order to
  649  have a valid election. A unit owner may not allow permit any
  650  other
  651  
  652  ====== D I R E C T O R Y  C L A U S E  A M E N D M E N T ======
  653  And the directory clause is amended as follows:
  654         Delete line 74
  655  and insert:
  656         Section 1. Subsection (3), paragraphs (a), (b), (c), (e),
  657  and (g) of
  658  
  659  ================= T I T L E  A M E N D M E N T ================
  660  And the title is amended as follows:
  661         Delete lines 7 - 10
  662  and insert:
  663         reporting requirements; revising the list of documents
  664         that the association is required to post online;
  665         limiting an association’s liability for inadvertent
  666         disclosure of protected or restricted information;
  667         providing that the failure of an association to post
  668         certain information is not sufficient, in and of
  669         itself, to invalidate any action or decision of the
  670         association; amending s. 718.112, F.S.; revising
  671         provisions relating to required association bylaws;
  672         authorizing an association to adopt rules for posting
  673         certain notices on the association’s website; revising
  674         board term limits; providing