SENATE AMENDMENT

    Bill No. SB 104

    Amendment No.    

                            CHAMBER ACTION
              Senate                               House
                                   .
                                   .
  1                                 .
                                   .
  2                                 .
                                   .
  3                                 .
                                   .
  4                                                                

  5

  6

  7

  8

  9

10                                                                

11  Senator Dyer moved the following amendment:

12

13         Senate Amendment (with title amendment) 

14         Delete everything after the enacting clause

15

16  and insert:

17         Section 1.  Subsection (2) of section 617.303, Florida

18  Statutes, is amended to read:

19         617.303  Association powers and duties; meetings of

20  board; official records; budgets; financial reporting.--

21         (2)  BOARD MEETINGS.--A meeting of the board of

22  directors of an association occurs whenever a quorum of the

23  board gathers to conduct association business.  All meetings

24  of the board must be open to all members except for meetings

25  between the board and its attorney with respect to proposed or

26  pending litigation where the contents of the discussion would

27  otherwise be governed by the attorney-client privilege.

28  Notices of all board meetings must be posted in a conspicuous

29  place in the community at least 48 hours in advance of a

30  meeting, except in an emergency.  In the alternative, if

31  notice is not posted in a conspicuous place in the community,

                                  1
    2:49 PM   03/05/97                                s0104c-14m0a




                                                  SENATE AMENDMENT

    Bill No. SB 104

    Amendment No.    





  1  notice of each board meeting must be mailed or delivered to

  2  each member at least 7 days before the meeting, except in an

  3  emergency. Notwithstanding this general notice requirement,

  4  for communities with more than 100 members, the bylaws may

  5  provide for a reasonable alternative to posting or mailing of

  6  notice for each board meeting, including publication of notice

  7  or provision of a schedule of board meetings.  An assessment

  8  may not be levied at a board meeting unless the notice of the

  9  meeting includes a statement that assessments will be

10  considered and the nature of the assessments. Directors may

11  not vote by proxy or by secret ballot at board meetings,

12  except that secret ballots may be used in the election of

13  officers.  This subsection also applies to the meetings of any

14  committee or body delegated decision-making authority by the

15  board of directors other similar body, including any body

16  vested with the power to approve or disapprove architectural

17  decisions with respect to a specific parcel of residential

18  property owned by a member of the community.

19         Section 2.  Subsection (2) of section 617.305, Florida

20  Statutes, is amended to read:

21         617.305  Obligations of members; remedies at law or in

22  equity; levy of fines and suspension of use rights; failure to

23  fill sufficient number of vacancies on board of directors to

24  constitute a quorum; appointment of receiver upon petition of

25  any member.--

26         (2)  If the governing documents so provide, an

27  association may suspend, for a reasonable period of time, the

28  rights of a member or a member's tenants, guests, or invitees,

29  or both, to use common areas and facilities and may levy

30  reasonable fines, not to exceed $500 $50 per violation,

31  against any member or any tenant, guest, or invitee.

                                  2
    2:49 PM   03/05/97                                s0104c-14m0a




                                                  SENATE AMENDMENT

    Bill No. SB 104

    Amendment No.    





  1         (a)  A fine or suspension may not be imposed without

  2  notice of at least 14 days to the person sought to be fined or

  3  suspended and an opportunity for a hearing before a committee

  4  of at least three members appointed by the board who are not

  5  officers, directors, or employees of the association, or the

  6  spouse, parent, child, brother, or sister of an officer,

  7  director, or employee.  If the committee, by majority vote,

  8  does not approve a proposed fine or suspension, it may not be

  9  imposed.

10         (b)  The requirements of this subsection do not apply

11  to the imposition of suspensions or fines upon any member

12  because of the failure of the member to pay assessments or

13  other charges when due if such action is authorized by the

14  governing documents.

15         (c)  Suspension of common-area-use rights shall not

16  impair the right of an owner or tenant of a parcel to have

17  vehicular and pedestrian ingress to and egress from the

18  parcel, including, but not limited to, the right to park.

19         (d)  An association may not suspend the voting rights

20  of a member only for failure to pay dues or assessments levied

21  by the association.

22         Section 3.  Subsection (6) of section 617.306, Florida

23  Statutes, 1996 Supplement, is amended to read:

24         617.306  Associations; meetings of members; voting and

25  election procedures; amendments.--

26         (6)  PROXY VOTING.--The members have the right, unless

27  otherwise provided in this subsection or in the governing

28  documents, to vote in person or by proxy.  To be valid, a

29  proxy must be dated, must state the date, time, and place of

30  the meeting for which it was given, and must be signed by the

31  authorized person who executed the proxy.  A proxy is

                                  3
    2:49 PM   03/05/97                                s0104c-14m0a




                                                  SENATE AMENDMENT

    Bill No. SB 104

    Amendment No.    





  1  effective only for the specific meeting for which it was

  2  originally given, as the meeting may lawfully be adjourned and

  3  reconvened from time to time, and automatically expires 90

  4  days after the date of the meeting for which it was originally

  5  given.  A proxy is revocable at any time at the pleasure of

  6  the person who executes it.  If the proxy form expressly so

  7  provides, any proxy holder may appoint, in writing, a

  8  substitute to act in his place. Members may not vote for

  9  directors by proxy but may vote for directors by absentee

10  ballot.

11         Section 4.  This act shall take effect July 1, 1997.

12

13

14  ================ T I T L E   A M E N D M E N T ===============

15  And the title is amended as follows:

16         Delete everything before the enacting clause

17

18  and insert:

19                  A bill to be entitled

20  An act relating to homeowners' associations; amending s.

21  617.303, F.S.; providing that statutory provisions applicable

22  to association board meetings apply to meetings of committees

23  or similar bodies with board of directors decision-making

24  authority; amending s. 617.305, F.S.; increasing the limit on

25  fines that an association may impose on members, tenants,

26  guests, or invitees; creating an exemption from the

27  prohibition against an association suspending the voting

28  rights of a member; amending s. 617.306, F.S.; providing that

29  members may vote for directors of the association by absentee

30  ballot but not by proxy; providing an effective date.

31

                                  4
    2:49 PM   03/05/97                                s0104c-14m0a