House Bill 3321c1

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    Florida House of Representatives - 1998             CS/HB 3321

        By the Committee on Real Property & Probate and
    Representative Crow





  1                      A bill to be entitled

  2         An act relating to condominiums and

  3         cooperatives; amending s. 718.103, F.S.;

  4         defining the term "Division"; amending s.

  5         718.111, F.S.; providing for the operation of

  6         certain condominiums created prior to 1977 as

  7         single associations; permitting consolidated

  8         financial operation; requiring a

  9         developer-controlled association to exercise

10         due diligence to obtain and maintain insurance;

11         providing that failure to obtain and maintain

12         adequate insurance shall constitute a breach of

13         fiduciary responsibility by the

14         developer-appointed members of the board of

15         directors; amending s. 718.112, F.S.; providing

16         that a board member who is not present when an

17         action is taken by the board may submit an

18         agreement or disagreement with the action;

19         providing for attendance at meetings by speaker

20         telephone; providing for written rules

21         governing unit owner statements; providing that

22         a unit owner must be eligible to vote in the

23         jurisdiction of his or her residence in order

24         to be a candidate for board membership;

25         amending s. 718.116, F.S.; providing for unit

26         owners and the developer to be assessed in

27         accordance with their ownership interest in

28         losses resulting from a natural disaster or an

29         act of God; amending ss. 718.301 and 718.501,

30         F.S.; providing rulemaking authority; amending

31         s. 718.502, F.S.; providing conditions

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  1         precedent to closing on a contract for sale or

  2         specified contracts for lease; providing

  3         rulemaking authority; amending s. 718.503,

  4         F.S.; providing conditions for closing within

  5         the 15-day voidability period; amending ss.

  6         718.504 and 718.506, F.S.; conforming language

  7         to the act; creating s. 718.621, F.S.;

  8         providing rulemaking authority; amending s.

  9         719.106, F.S.;  providing that a board member

10         who is not present when an action is taken by

11         the board may submit an agreement or

12         disagreement with the action; providing for

13         attendance at meetings by speaker telephone;

14         providing for written rules governing unit

15         owner statements; amending ss. 719.301 and

16         719.501, F.S.; providing rulemaking authority;

17         amending s. 719.502, F.S.; providing conditions

18         precedent to closing on a contract for sale or

19         specified contracts for lease; providing

20         rulemaking authority; amending s. 719.503,

21         F.S.; providing conditions for closing within

22         the 15-day voidability period; creating s.

23         719.621, F.S.; providing rulemaking authority;

24         providing an effective date.

25

26  Be It Enacted by the Legislature of the State of Florida:

27

28         Section 1.  Subsections (16), (17), (18), (19), (20),

29  (21), (22), (23), (24), (25), (26), and (27) of section

30  718.103, Florida Statutes, are renumbered as subsections (17),

31  (18), (19), (20), (21), (22), (23), (24), (25), (26), (27),

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  1  and (28), respectively, and a new subsection (16) is added to

  2  said section to read:

  3         718.103  Definitions.--As used in this chapter, the

  4  term:

  5         (16) "Division" means the Division of Florida Land

  6  Sales, Condominiums, and Mobile Homes of the Department of

  7  Business and Professional Regulation.

  8         Section 2.  Subsection (6) and paragraph (a) of

  9  subsection (11) of section 718.111, Florida Statutes, are

10  amended to read:

11         718.111  The association.--

12         (6)  OPERATION OF PHASE CONDOMINIUMS CREATED PRIOR TO

13  1977.--Notwithstanding any provision of this chapter, an

14  association may operate two or more residential condominiums

15  in which the initial condominium declaration was recorded

16  prior to January 1, 1977, a phase project initially created

17  pursuant to former s. 711.64 and may continue to so operate

18  such condominiums project as though it were a single

19  condominium for purposes of financial matters, including

20  budgets, assessments, accounting, recordkeeping, and similar

21  matters, if provision is made for such consolidated operation

22  in the applicable declarations of each such condominium as

23  initially recorded or in the bylaws as initially adopted. An

24  association for such condominiums may also provide for

25  consolidated financial operation as described in this section

26  either by amending its declaration pursuant to s.

27  718.110(1)(a) or by amending its bylaws and having the

28  amendment approved by not less than two-thirds of the total

29  voting interests. Notwithstanding any provision in this

30  chapter, common expenses for residential condominiums in such

31  a project being operated by a single association may be

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  1  assessed against all unit owners in such project pursuant to

  2  the proportions or percentages established therefor in the

  3  declarations as initially recorded or in the bylaws as

  4  initially adopted, subject, however, to the limitations of ss.

  5  718.116 and 718.302.

  6         (11)  INSURANCE.--

  7         (a)  A unit-owner controlled The association shall use

  8  its best efforts to obtain and maintain adequate insurance to

  9  protect the association, the association property, the common

10  elements, and the condominium property required to be insured

11  by the association pursuant to paragraph (b). If the

12  association is developer-controlled, the association shall

13  exercise due diligence to obtain and maintain such insurance.

14  Failure to obtain and maintain adequate insurance during any

15  period of developer control shall constitute a breach of

16  fiduciary responsibility by the developer appointed members of

17  the board of directors of the association, unless said members

18  can show that despite such failure, they have exercised due

19  diligence. An The association may also obtain and maintain

20  liability insurance for directors and officers, insurance for

21  the benefit of association employees, and flood insurance for

22  common elements, association property, and units.  An

23  association or group of associations may self-insure against

24  claims against the association, the association property, and

25  the condominium property required to be insured by an

26  association, upon compliance with ss. 624.460-624.488.  A copy

27  of each policy of insurance in effect shall be made available

28  for inspection by unit owners at reasonable times.

29         Section 3.  Paragraphs (b), (c), and (d) of subsection

30  (2) of section 718.112, Florida Statutes, are amended to read:

31         718.112  Bylaws.--

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  1         (2)  REQUIRED PROVISIONS.--The bylaws shall provide for

  2  the following and, if they do not do so, shall be deemed to

  3  include the following:

  4         (b)  Quorum; voting requirements; proxies.--

  5         1.  Unless a lower number is provided in the bylaws,

  6  the percentage of voting interests required to constitute a

  7  quorum at a meeting of the members shall be a majority of the

  8  voting interests.  Unless otherwise provided in this chapter

  9  or in the declaration, articles of incorporation, or bylaws,

10  and except as provided in subparagraph (d)3., decisions shall

11  be made by owners of a majority of the voting interests

12  represented at a meeting at which a quorum is present.

13         2.  Except as specifically otherwise provided herein,

14  after January 1, 1992, unit owners may not vote by general

15  proxy, but may vote by limited proxies substantially

16  conforming to a limited proxy form adopted by the division.

17  Limited proxies and general proxies may be used to establish a

18  quorum.  Limited proxies shall be used for votes taken to

19  waive or reduce reserves in accordance with subparagraph

20  (f)2.; for votes taken to waive financial statement

21  requirements as provided by s. 718.111(14); for votes taken to

22  amend the declaration pursuant to s. 718.110; for votes taken

23  to amend the articles of incorporation or bylaws pursuant to

24  this section; and for any other matter for which this chapter

25  requires or permits a vote of the unit owners.  Except as

26  provided in paragraph (d), after January 1, 1992, no proxy,

27  limited or general, shall be used in the election of board

28  members. General proxies may be used for other matters for

29  which limited proxies are not required, and may also be used

30  in voting for nonsubstantive changes to items for which a

31  limited proxy is required and given. Notwithstanding the

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  1  provisions of this subparagraph, unit owners may vote in

  2  person at unit owner meetings.  Nothing contained herein shall

  3  limit the use of general proxies or require the use of limited

  4  proxies for any agenda item or election at any meeting of a

  5  timeshare condominium association.

  6         3.  Any proxy given shall be effective only for the

  7  specific meeting for which originally given and any lawfully

  8  adjourned meetings thereof.  In no event shall any proxy be

  9  valid for a period longer than 90 days after the date of the

10  first meeting for which it was given.  Every proxy is

11  revocable at any time at the pleasure of the unit owner

12  executing it.

13         4.  A member of the board of administration or a

14  committee may submit in writing his or her agreement or

15  disagreement with any action taken at a meeting that the

16  member did not attend. This agreement or disagreement may not

17  be used as a vote for or against the action taken and may not

18  be used for the purposes of creating a quorum.

19         5.  When some or all of the board or committee members

20  meet by telephone conference, those board or committee members

21  attending by telephone conference may be counted toward

22  obtaining a quorum and may vote by telephone.  A telephone

23  speaker shall be utilized so that the conversation of those

24  board or committee members attending by telephone may be heard

25  by the board or committee members attending in person, as well

26  as by unit owners present at a meeting.

27         (c)  Board of administration meetings.--Meetings of the

28  board of administration at which a quorum of the members is

29  present shall be open to all unit owners.  Any unit owner may

30  tape record or videotape meetings of the board of

31  administration.  The right to attend such meetings includes

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  1  the right to speak at such meetings with reference to all

  2  designated agenda items.  The division shall adopt reasonable

  3  rules governing the tape recording and videotaping of the

  4  meeting.  The association may adopt reasonable written rules

  5  governing the frequency, duration, and manner of unit owner

  6  statements. Adequate notice of all meetings, which notice

  7  shall specifically incorporate an identification of agenda

  8  items, shall be posted conspicuously on the condominium

  9  property at least 48 continuous hours preceding the meeting

10  except in an emergency.  Any item not included on the notice

11  may be taken up on an emergency basis by at least a majority

12  plus one of the members of the board. Such emergency action

13  shall be noticed and ratified at the next regular meeting of

14  the board. However, written notice of any meeting at which

15  nonemergency special assessments, or at which amendment to

16  rules regarding unit use, will be considered shall be mailed

17  or delivered to the unit owners and posted conspicuously on

18  the condominium property not less than 14 days prior to the

19  meeting. Evidence of compliance with this 14-day notice shall

20  be made by an affidavit executed by the person providing the

21  notice and filed among the official records of the

22  association.  Upon notice to the unit owners, the board shall

23  by duly adopted rule designate a specific location on the

24  condominium property or association property upon which all

25  notices of board meetings shall be posted. If there is no

26  condominium property or association property upon which

27  notices can be posted, notices of board meetings shall be

28  mailed or delivered at least 14 days before the meeting to the

29  owner of each unit.  Notice of any meeting in which regular

30  assessments against unit owners are to be considered for any

31  reason shall specifically contain a statement that assessments

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  1  will be considered and the nature of any such assessments.

  2  Meetings of a committee to take final action on behalf of the

  3  board or make recommendations to the board regarding the

  4  association budget are subject to the provisions of this

  5  paragraph. Meetings of a committee that does not take final

  6  action on behalf of the board or make recommendations to the

  7  board regarding the association budget are subject to the

  8  provisions of this section, unless those meetings are exempted

  9  from this section by the bylaws of the association.

10  Notwithstanding any other law, the requirement that board

11  meetings and committee meetings be open to the unit owners is

12  inapplicable to meetings between the board or a committee and

13  the association's attorney, with respect to proposed or

14  pending litigation, when the meeting is held for the purpose

15  of seeking or rendering legal advice.

16         (d)  Unit owner meetings.--

17         1.  There shall be an annual meeting of the unit

18  owners. Unless the bylaws provide otherwise, a vacancy on the

19  board of administration caused by the expiration of a

20  director's term shall be filled by electing a new board

21  member, and the election shall be by closed ballot; however,

22  if there is only one candidate for election to fill the

23  vacancy, no election is required. If there is no provision in

24  the bylaws for terms of the members of the board of

25  administration, the terms of all members of the board of

26  administration shall expire upon the election of their

27  successors at the annual meeting. Any unit owner desiring to

28  be a candidate for board membership shall comply with

29  subparagraph 3. In order to be a candidate for the board, a

30  person must meet the requirements set forth in their

31  declaration and must be eligible to vote in the jurisdiction

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  1  of his or her residence. This provision shall also apply to

  2  any person designated by a corporation as a board candidate.

  3         2.  The bylaws shall provide the method of calling

  4  meetings of unit owners, including annual meetings. Written

  5  notice, which notice must include an agenda, shall be mailed

  6  or delivered to each unit owner at least 14 days prior to the

  7  annual meeting and shall be posted in a conspicuous place on

  8  the condominium property at least 14 continuous days preceding

  9  the annual meeting. Upon notice to the unit owners, the board

10  shall by duly adopted rule designate a specific location on

11  the condominium property or association property upon which

12  all notices of unit owner meetings shall be posted; however,

13  if there is no condominium property or association property

14  upon which notices can be posted, this requirement does not

15  apply. Unless a unit owner waives in writing the right to

16  receive notice of the annual meeting by mail, the notice of

17  the annual meeting shall be sent by mail to each unit owner.

18  Where a unit is owned by more than one person, the association

19  shall provide notice, for meetings and all other purposes, to

20  that one address which the developer initially identifies for

21  that purpose and thereafter as one or more of the owners of

22  the unit shall so advise the association in writing, or if no

23  address is given or the owners of the unit do not agree, to

24  the address provided on the deed of record. An officer of the

25  association, or the manager or other person providing notice

26  of the association meeting, shall provide an affidavit or

27  United States Postal Service certificate of mailing, to be

28  included in the official records of the association affirming

29  that the notice was mailed or hand delivered, in accordance

30  with this provision, to each unit owner at the address last

31  furnished to the association.

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  1         3.  After January 1, 1992, the members of the board of

  2  administration shall be elected by written ballot or voting

  3  machine. Proxies shall in no event be used in electing the

  4  board of administration, either in general elections or

  5  elections to fill vacancies caused by recall, resignation, or

  6  otherwise, unless otherwise provided in this chapter. Not less

  7  than 60 days before a scheduled election, the association

  8  shall mail or deliver, whether by separate association mailing

  9  or included in another association mailing or delivery

10  including regularly published newsletters, to each unit owner

11  entitled to a vote, a first notice of the date of the

12  election. Any eligible unit owner or other eligible person

13  desiring to be a candidate for the board of administration

14  must give written notice to the association not less than 40

15  days before a scheduled election.  Together with the written

16  notice and agenda as set forth in subparagraph 2., the

17  association shall mail or deliver a second notice of the

18  election to all unit owners entitled to vote therein, together

19  with a ballot which shall list all candidates. Upon request of

20  a candidate, the association shall include an information

21  sheet, no larger than 8 1/2  inches by 11 inches, which must

22  be furnished by the candidate not less than 35 days before the

23  election, to be included with the mailing of the ballot, with

24  the costs of mailing or delivery and copying to be borne by

25  the association. However, the association has no liability for

26  the contents of the information sheets prepared by the

27  candidates.  In order to reduce costs, the association may

28  print or duplicate the information sheets on both sides of the

29  paper. The division shall by rule establish voting procedures

30  consistent with the provisions contained herein, including

31  rules providing for the secrecy of ballots.  Elections shall

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  1  be decided by a plurality of those ballots cast. There shall

  2  be no quorum requirement; however, at least 20 percent of the

  3  eligible voters must cast a ballot in order to have a valid

  4  election of members of the board of administration. No unit

  5  owner shall permit any other person to vote his or her ballot,

  6  and any such ballots improperly cast shall be deemed invalid.

  7  A unit owner who needs assistance in casting the ballot for

  8  the reasons stated in s. 101.051 may obtain assistance in

  9  casting the ballot. Any unit owner violating this provision

10  may be fined by the association in accordance with s. 718.303.

11  The regular election shall occur on the date of the annual

12  meeting. The provisions of this subparagraph shall not apply

13  to timeshare condominium associations. Notwithstanding the

14  provisions of this subparagraph, an election and balloting are

15  not required unless more candidates file notices of intent to

16  run or are nominated than vacancies exist on the board.

17         4.  Any approval by unit owners called for by this

18  chapter or the applicable declaration or bylaws, including,

19  but not limited to, the approval requirement in s. 718.111(8),

20  shall be made at a duly noticed meeting of unit owners and

21  shall be subject to all requirements of this chapter or the

22  applicable condominium documents relating to unit owner

23  decisionmaking, except that unit owners may take action by

24  written agreement, without meetings, on matters for which

25  action by written agreement without meetings is expressly

26  allowed by the applicable bylaws or declaration or any statute

27  which provides for such action.

28         5.  Unit owners may waive notice of specific meetings

29  if allowed by the applicable bylaws or declaration or any

30  statute.

31

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  1         6.  Unit owners shall have the right to participate in

  2  meetings of unit owners with reference to all designated

  3  agenda items. However, the association may adopt reasonable

  4  rules governing the frequency, duration, and manner of unit

  5  owner participation.

  6         7.  Any unit owner may tape record or videotape a

  7  meeting of the unit owners subject to reasonable rules adopted

  8  by the division.

  9

10  Notwithstanding subparagraphs (b)2. and (d)3., an association

11  may, by the affirmative vote of a majority of the total voting

12  interests, provide for different voting and election

13  procedures in its bylaws, which vote may be by a proxy

14  specifically delineating the different voting and election

15  procedures. The different voting and election procedures may

16  provide for elections to be conducted by limited or general

17  proxy.

18         Section 4.  Paragraph (a) of subsection (9) of section

19  718.116, Florida Statutes, is amended to read:

20         718.116  Assessments; liability; lien and priority;

21  interest; collection.--

22         (9)(a)  No unit owner may be excused from the payment

23  of his or her share of the common expense of a condominium

24  unless all unit owners are likewise proportionately excused

25  from payment, except as provided in subsection (1) and in the

26  following cases:

27         1.  If the declaration so provides, a developer or

28  other person who owns condominium units offered for sale may

29  be excused from the payment of the share of the common

30  expenses and assessments related to those units for a stated

31  period of time subsequent to the recording of the declaration

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  1  of condominium.  The period must terminate no later than the

  2  first day of the fourth calendar month following the month in

  3  which the closing of the purchase and sale of the first

  4  condominium unit occurs.  However, the developer must pay

  5  those the portion of common expenses incurred during that

  6  period which exceed the amount assessed against other unit

  7  owners. Notwithstanding this limitation, if a

  8  developer-controlled association has maintained all insurance

  9  coverages required by s. 718.111(11)(a), the common expenses

10  incurred during the foregoing period resulting from a natural

11  disaster or an act of God, which are not covered by insurance

12  proceeds from the insurance maintained by the association, may

13  be assigned against all unit owners owning units on the date

14  of such natural disaster or act of God, and their successors

15  and assigns, including the developer with respect to units

16  owned by the developer.  In the event of such an assessment,

17  all units shall be assessed in accordance with their ownership

18  interest in the common elements as required by s. 718.115(2).

19         2.  A developer or other person who owns condominium

20  units or who has an obligation to pay condominium expenses may

21  be excused from the payment of his or her share of the common

22  expense which would have been assessed against those units

23  during the period of time that he or she has guaranteed to

24  each purchaser in the purchase contract, declaration, or

25  prospectus, or by agreement between the developer and a

26  majority of the unit owners other than the developer, that the

27  assessment for common expenses of the condominium imposed upon

28  the unit owners would not increase over a stated dollar amount

29  and has obligated himself or herself to pay any amount of

30  common expenses incurred during that period and not produced

31  by the assessments at the guaranteed level receivable from

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  1  other unit owners. Notwithstanding this limitation, if a

  2  developer-controlled association has maintained all insurance

  3  coverages required by s. 718.111(11)(a), the common expenses

  4  incurred during the guarantee period resulting from a natural

  5  disaster or an act of God, which are not covered by insurance

  6  proceeds from the insurance maintained by the association, may

  7  be assessed against all unit owners owning units on the date

  8  of such natural disaster or act of God, and their successors

  9  and assigns, including the developer with respect to units

10  owned by the developer. In the event of such an assessment,

11  all units shall be assessed in accordance with their ownership

12  interest in the common elements as required by s. 718.115(2).

13  The guarantee may provide that after an initial stated period,

14  the developer has an option or options to extend the guarantee

15  for one or more additional stated periods.

16         Section 5.  Subsection (6) is added to section 718.301,

17  Florida Statutes, to read:

18         718.301  Transfer of association control.--

19         (6)  The division has authority to adopt rules pursuant

20  to the Administrative Procedures Act to ensure the efficient

21  and effective transition from developer control of a

22  condominium to the establishment of a unit owner-controlled

23  association.

24         Section 6.  Subsection (2) of section 718.501, Florida

25  Statutes, is amended to read:

26         718.501  Powers and duties of Division of Florida Land

27  Sales, Condominiums, and Mobile Homes.--

28         (2)(a)  Effective January 1, 1992, each condominium

29  association which operates more than two units shall pay to

30  the division an annual fee in the amount of $4 for each

31  residential unit in condominiums operated by the association.

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  1  If the fee is not paid by March 1, then the association shall

  2  be assessed a penalty of 10 percent of the amount due, and the

  3  association will not have standing to maintain or defend any

  4  action in the courts of this state until the amount due, plus

  5  any penalty, is paid.

  6         (b)  The division may by rule establish timeframes for

  7  and require information relating to the creation, merger, and

  8  termination of condominiums and the merger and dissolution of

  9  condominium associations.

10         (c)(b)  All fees shall be deposited in the Division of

11  Florida Land Sales, Condominiums, and Mobile Homes Trust Fund

12  as provided by law.

13         Section 7.  Subsections (1), (2), and (3) of section

14  718.502, Florida Statutes, are amended to read:

15         718.502  Filing prior to sale or lease.--

16         (1)(a)  A developer of a residential condominium or

17  mixed-use condominium shall file with the division one copy of

18  each of the documents and items required to be furnished to a

19  buyer or lessee by ss. 718.503 and 718.504, if applicable.

20  Until the developer has so filed, a contract for sale of a

21  unit or lease of a unit for more than 5 years shall be

22  voidable by the buyer purchaser or lessee prior to the closing

23  of his or her purchase or lease of a unit. A developer shall

24  not close on any contract for sale or contract for a lease

25  period of more than 5 years until the developer prepares and

26  files with the division documents complying with the

27  requirements of this chapter and the rules promulgated by the

28  division and until the division notifies the developer that

29  the filing is proper. A developer shall not close on any

30  contract for sale or contract for a lease period of more than

31  5 years, as further provided in s. 718.503(1)(b), until the

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  1  developer prepares and delivers all documents required by s.

  2  718.503(1)(b) to the prospective buyer.

  3         (b)  The division may by rule develop filing and review

  4  requirements and relevant timetables necessary to ensure

  5  compliance with the notice and disclosure requirements of this

  6  chapter.

  7         (2)(a)  Prior to filing as required by subsection (1),

  8  and prior to acquiring an ownership, leasehold, or contractual

  9  interest in the land upon which the condominium is to be

10  developed, a developer shall not offer a contract for purchase

11  of a unit or lease of a unit for more than 5 years. However,

12  the developer may accept deposits for reservations upon the

13  approval of a fully executed escrow agreement and reservation

14  agreement form properly filed with the Division of Florida

15  Land Sales, Condominiums, and Mobile Homes. Each filing of a

16  proposed reservation program shall be accompanied by a filing

17  fee of $250. Reservations shall not be taken on a proposed

18  condominium unless the developer has an ownership, leasehold,

19  or contractual interest in the land upon which the condominium

20  is to be developed.  The division shall notify the developer

21  within 20 days of receipt of the reservation filing of any

22  deficiencies contained therein. Such notification shall not

23  preclude the determination of reservation filing deficiencies

24  at a later date, nor shall it relieve the developer of any

25  responsibility under the law.  The escrow agreement and the

26  reservation agreement form shall include a statement of the

27  right of the prospective buyer purchaser to an immediate

28  unqualified refund of the reservation deposit moneys upon

29  written request to the escrow agent by the prospective buyer

30  purchaser or the developer.

31

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  1         (b)  The executed escrow agreement signed by the

  2  developer and the escrow agent shall contain the following

  3  information:

  4         1.  A statement that the escrow agent will grant a

  5  prospective purchaser an immediate, unqualified refund of the

  6  reservation deposit moneys upon written request either

  7  directly to the escrow agent or to the developer.

  8         2.  A statement that the escrow agent is responsible

  9  for not releasing moneys directly to the developer except as a

10  down payment on the purchase price at the time a contract is

11  signed by the buyer purchaser if provided in the contract.

12         (c)  The reservation agreement form shall include the

13  following:

14         1.  A statement of the obligation of the developer to

15  file condominium documents with the division prior to entering

16  into a binding purchase agreement or binding agreement for a

17  lease of more than 5 years.

18         2.  A statement of the right of the prospective buyer

19  purchaser to receive all condominium documents as required by

20  this chapter.

21         3.  The name and address of the escrow agent.

22         4.  A statement as to whether the developer assures

23  that the purchase price represented in or pursuant to the

24  reservation agreement will be the price in the contract for

25  purchase and sale or that the price represented may be

26  exceeded within a stated amount or percentage or that no

27  assurance is given as to the price in the contract for

28  purchase or sale.

29         5.  A statement that the deposit must be payable to the

30  escrow agent and that the escrow agent must provide a receipt

31  to the prospective buyer purchaser.

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  1         (3)  Upon filing as required by subsection (1), the

  2  developer shall pay to the division a filing fee of $20 for

  3  each residential unit to be sold by the developer which is

  4  described in the documents filed.  If the condominium is to be

  5  built or sold in phases, the fee shall be paid prior to

  6  offering for sale units in any subsequent phase.  Every

  7  developer who holds a unit or units for sale in a condominium

  8  shall submit to the division any amendments to documents or

  9  items on file with the division and deliver to buyers

10  purchasers all amendments prior to closing, but in no event,

11  later than 10 days after the amendment.  Upon filing of

12  amendments to documents currently on file with the division,

13  the developer shall pay to the division a filing fee of up to

14  $100 per filing, with the exact fee to be set by division

15  rule.

16         Section 8.  Section 718.503, Florida Statutes, is

17  amended to read:

18         718.503  Developer disclosure prior to sale;

19  nondeveloper unit owner disclosure prior to sale;

20  voidability.--

21         (1)  DEVELOPER DISCLOSURE.--

22         (a)  Contents of contracts.--Any contract for the sale

23  of a residential unit or a lease thereof for an unexpired term

24  of more than 5 years shall:

25         1.  Contain the following legend in conspicuous type:

26  THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN

27  NOTICE OF THE BUYER'S INTENTION TO CANCEL WITHIN 15 DAYS AFTER

28  THE DATE OF EXECUTION OF THIS AGREEMENT BY THE BUYER, AND

29  RECEIPT BY BUYER OF ALL OF THE ITEMS REQUIRED TO BE DELIVERED

30  TO HIM OR HER BY THE DEVELOPER UNDER SECTION 718.503, FLORIDA

31  STATUTES.  THIS AGREEMENT IS ALSO VOIDABLE BY BUYER BY

                                  18

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  1  DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO CANCEL

  2  WITHIN 15 DAYS AFTER THE DATE OF RECEIPT FROM THE DEVELOPER OF

  3  ANY AMENDMENT WHICH MATERIALLY ALTERS OR MODIFIES THE OFFERING

  4  IN A MANNER THAT IS ADVERSE TO THE BUYER.  ANY PURPORTED

  5  WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT.

  6  BUYER MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE

  7  THAN 15 DAYS AFTER THE BUYER HAS RECEIVED ALL OF THE ITEMS

  8  REQUIRED.  BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL

  9  TERMINATE AT CLOSING.

10         2.  Contain the following caveat in conspicuous type on

11  the first page of the contract:  ORAL REPRESENTATIONS CANNOT

12  BE RELIED UPON AS CORRECTLY STATING THE REPRESENTATIONS OF THE

13  DEVELOPER.  FOR CORRECT REPRESENTATIONS, REFERENCE SHOULD BE

14  MADE TO THIS CONTRACT AND THE DOCUMENTS REQUIRED BY SECTION

15  718.503, FLORIDA STATUTES, TO BE FURNISHED BY A DEVELOPER TO A

16  BUYER OR LESSEE.

17         3.  If the unit has been occupied by someone other than

18  the buyer, contain a statement that the unit has been

19  occupied.

20         4.  If the contract is for the sale or transfer of a

21  unit subject to a lease, include as an exhibit a copy of the

22  executed lease and shall contain within the text in

23  conspicuous type:  THE UNIT IS SUBJECT TO A LEASE (OR

24  SUBLEASE).

25         5.  If the contract is for the lease of a unit for a

26  term of 5 years or more, include as an exhibit a copy of the

27  proposed lease.

28         6.  If the contract is for the sale or lease of a unit

29  that is subject to a lien for rent payable under a lease of a

30  recreational facility or other commonly used facility, contain

31  within the text the following statement in conspicuous type:

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  1  THIS CONTRACT IS FOR THE TRANSFER OF A UNIT THAT IS SUBJECT TO

  2  A LIEN FOR RENT PAYABLE UNDER A LEASE OF COMMONLY USED

  3  FACILITIES. FAILURE TO PAY RENT MAY RESULT IN FORECLOSURE OF

  4  THE LIEN.

  5         7.  State the name and address of the escrow agent

  6  required by s. 718.202 and state that the buyer purchaser may

  7  obtain a receipt for his or her deposit from the escrow agent

  8  upon request.

  9         8.  If the contract is for the sale or transfer of a

10  unit in a condominium in which timeshare estates have been or

11  may be created, contain within the text in conspicuous type:

12  UNITS IN THIS CONDOMINIUM ARE SUBJECT TO TIMESHARE ESTATES.

13  The contract for the sale of a fee interest in a timeshare

14  estate shall also contain, in conspicuous type, the following:

15  FOR THE PURPOSE OF AD VALOREM TAXES OR SPECIAL ASSESSMENTS

16  LEVIED BY TAXING AUTHORITIES AGAINST A FEE INTEREST IN A

17  TIMESHARE ESTATE, THE MANAGING ENTITY IS GENERALLY CONSIDERED

18  THE TAXPAYER UNDER FLORIDA LAW.  YOU HAVE THE RIGHT TO

19  CHALLENGE AN ASSESSMENT BY A TAXING AUTHORITY RELATING TO YOUR

20  TIMESHARE ESTATE PURSUANT TO THE PROVISIONS OF CHAPTER 194,

21  FLORIDA STATUTES.

22         (b)  Copies of documents to be furnished to prospective

23  buyer or lessee.--Until such time as the developer has

24  furnished the documents listed below to a person who has

25  entered into a contract to purchase a residential unit or

26  lease it for more than 5 years, the contract may be voided by

27  that person, entitling the person to a refund of any deposit

28  together with interest thereon as provided in s. 718.202.  The

29  contract may be terminated by written notice from the proposed

30  buyer or lessee delivered to the developer within 15 days

31  after the buyer or lessee receives all of the documents

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  1  required by this section. The developer shall not close for 15

  2  days following the execution of the agreement and delivery of

  3  the documents to the buyer as evidenced by a signed receipt

  4  for documents unless the buyer is informed in the 15-day

  5  voidability period and agrees to close prior to the expiration

  6  of the 15 days.  The developer shall retain in his or her

  7  records a separate agreement signed by the buyer as proof of

  8  the buyer's agreement to close prior to the expiration of said

  9  voidability period.  Said proof shall be retained for a period

10  of 5 years after the date of the closing of the transaction.

11  The documents to be delivered to the prospective buyer are the

12  prospectus or disclosure statement with all exhibits, if the

13  development is subject to the provisions of s. 718.504, or, if

14  not, then copies of the following which are applicable:

15         1.  The question and answer sheet described in s.

16  718.504, and declaration of condominium, or the proposed

17  declaration if the declaration has not been recorded, which

18  shall include the certificate of a surveyor approximately

19  representing the locations required by s. 718.104.

20         2.  The documents creating the association.

21         3.  The bylaws.

22         4.  The ground lease or other underlying lease of the

23  condominium.

24         5.  The management contract, maintenance contract, and

25  other contracts for management of the association and

26  operation of the condominium and facilities used by the unit

27  owners having a service term in excess of 1 year, and any

28  management contracts that are renewable.

29         6.  The estimated operating budget for the condominium

30  and a schedule of expenses for each type of unit, including

31  fees assessed pursuant to s. 718.113(1) for the maintenance of

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  1  limited common elements where such costs are shared only by

  2  those entitled to use the limited common elements.

  3         7.  The lease of recreational and other facilities that

  4  will be used only by unit owners of the subject condominium.

  5         8.  The lease of recreational and other common

  6  facilities that will be used by unit owners in common with

  7  unit owners of other condominiums.

  8         9.  The form of unit lease if the offer is of a

  9  leasehold.

10         10.  Any declaration of servitude of properties serving

11  the condominium but not owned by unit owners or leased to them

12  or the association.

13         11.  If the development is to be built in phases or if

14  the association is to manage more than one condominium, a

15  description of the plan of phase development or the

16  arrangements for the association to manage two or more

17  condominiums.

18         12.  If the condominium is a conversion of existing

19  improvements, the statements and disclosure required by s.

20  718.616.

21         13.  The form of agreement for sale or lease of units.

22         14.  A copy of the floor plan of the unit and the plot

23  plan showing the location of the residential buildings and the

24  recreation and other common areas.

25         15.  A copy of all covenants and restrictions which

26  will affect the use of the property and which are not

27  contained in the foregoing.

28         16.  If the developer is required by state or local

29  authorities to obtain acceptance or approval of any dock or

30  marina facilities intended to serve the condominium, a copy of

31  any such acceptance or approval acquired by the time of filing

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  1  with the division under s. 718.502(1), or a statement that

  2  such acceptance or approval has not been acquired or received.

  3         17.  Evidence demonstrating that the developer has an

  4  ownership, leasehold, or contractual interest in the land upon

  5  which the condominium is to be developed.

  6         (2)  NONDEVELOPER DISCLOSURE.--

  7         (a)  Each unit owner who is not a developer as defined

  8  by this chapter shall comply with the provisions of this

  9  subsection prior to the sale of his or her unit.  Each

10  prospective buyer purchaser who has entered into a contract

11  for the purchase of a condominium unit is entitled, at the

12  seller's expense, to a current copy of the declaration of

13  condominium, articles of incorporation of the association,

14  bylaws, and rules of the association, as well as a copy of the

15  question and answer sheet provided for by s. 718.504.

16         (b)  If a person licensed under part I of chapter 475

17  provides to or otherwise obtains for a prospective buyer

18  purchaser the documents described in this subsection, the

19  person is not liable for any error or inaccuracy contained in

20  the documents.

21         (c)  Each contract entered into after July 1, 1992, for

22  the resale of a residential unit shall contain in conspicuous

23  type either:

24         1.  A clause which states:  THE BUYER HEREBY

25  ACKNOWLEDGES THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF

26  THE DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION OF

27  THE ASSOCIATION, BYLAWS, RULES OF THE ASSOCIATION, AND THE

28  QUESTION AND ANSWER SHEET MORE THAN 3 DAYS, EXCLUDING

29  SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF

30  THIS CONTRACT; or

31

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  1         2.  A clause which states:  THIS AGREEMENT IS VOIDABLE

  2  BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION

  3  TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND

  4  LEGAL HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT

  5  BY THE BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE

  6  DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS,

  7  AND RULES OF THE ASSOCIATION, AND QUESTION AND ANSWER SHEET IF

  8  SO REQUESTED IN WRITING. ANY PURPORTED WAIVER OF THESE

  9  VOIDABILITY RIGHTS SHALL BE OF NO EFFECT.  BUYER MAY EXTEND

10  THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3 DAYS,

11  EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER THE

12  BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION,

13  BYLAWS, RULES, AND QUESTION AND ANSWER SHEET IF REQUESTED IN

14  WRITING.  BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE

15  AT CLOSING.

16

17  A contract that does not conform to the requirements of this

18  paragraph is voidable at the option of the buyer purchaser

19  prior to closing.

20         (3)  OTHER DISCLOSURE.--

21         (a)  If residential condominium parcels are offered for

22  sale or lease prior to completion of construction of the units

23  and of improvements to the common elements, or prior to

24  completion of remodeling of previously occupied buildings, the

25  developer shall make available to each prospective buyer

26  purchaser or lessee, for his or her inspection at a place

27  convenient to the site, a copy of the complete plans and

28  specifications for the construction or remodeling of the unit

29  offered to him or her and of the improvements to the common

30  elements appurtenant to the unit.

31

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  1         (b)  Sales brochures, if any, shall be provided to each

  2  buyer purchaser, and the following caveat in conspicuous type

  3  shall be placed on the inside front cover or on the first page

  4  containing text material of the sales brochure, or otherwise

  5  conspicuously displayed:  ORAL REPRESENTATIONS CANNOT BE

  6  RELIED UPON AS CORRECTLY STATING REPRESENTATIONS OF THE

  7  DEVELOPER.  FOR CORRECT REPRESENTATIONS, MAKE REFERENCE TO

  8  THIS BROCHURE AND TO THE DOCUMENTS REQUIRED BY SECTION

  9  718.503, FLORIDA STATUTES, TO BE FURNISHED BY A DEVELOPER TO A

10  BUYER OR LESSEE.  If timeshare estates have been or may be

11  created with respect to any unit in the condominium, the sales

12  brochure shall contain the following statement in conspicuous

13  type:  UNITS IN THIS CONDOMINIUM ARE SUBJECT TO TIMESHARE

14  ESTATES.

15         Section 9.  The introductory paragraph and subsection

16  (1) of section 718.504, Florida Statutes, are amended to read:

17         718.504  Prospectus or offering circular.--Every

18  developer of a residential condominium which contains more

19  than 20 residential units, or which is part of a group of

20  residential condominiums which will be served by property to

21  be used in common by unit owners of more than 20 residential

22  units, shall prepare a prospectus or offering circular and

23  file it with the Division of Florida Land Sales, Condominiums,

24  and Mobile Homes prior to entering into an enforceable

25  contract of purchase and sale of any unit or lease of a unit

26  for more than 5 years and shall furnish a copy of the

27  prospectus or offering circular to each buyer.  In addition to

28  the prospectus or offering circular, each buyer shall be

29  furnished a separate page entitled "Frequently Asked Questions

30  and Answers," which shall be in accordance with a format

31  approved by the division.  This page shall, in readable

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  1  language, inform prospective buyers purchasers regarding their

  2  voting rights and unit use restrictions, including

  3  restrictions on the leasing of a unit; shall indicate whether

  4  and in what amount the unit owners or the association is

  5  obligated to pay rent or land use fees for recreational or

  6  other commonly used facilities; shall contain a statement

  7  identifying that amount of assessment which, pursuant to the

  8  budget, would be levied upon each unit type, exclusive of any

  9  special assessments, and which shall further identify the

10  basis upon which assessments are levied, whether monthly,

11  quarterly, or otherwise; shall state and identify any court

12  cases in which the association is currently a party of record

13  in which the association may face liability in excess of

14  $100,000; and which shall further state whether membership in

15  a recreational facilities association is mandatory, and if so,

16  shall identify the fees currently charged per unit type.  The

17  division shall by rule require such other disclosure as in its

18  judgment will assist prospective buyers purchasers. The

19  prospectus or offering circular may include more than one

20  condominium, although not all such units are being offered for

21  sale as of the date of the prospectus or offering circular.

22  The prospectus or offering circular must contain the following

23  information:

24         (1)  The front cover or the first page must contain

25  only:

26         (a)  The name of the condominium.

27         (b)  The following statements in conspicuous type:

28         1.  THIS PROSPECTUS (OFFERING CIRCULAR) CONTAINS

29  IMPORTANT MATTERS TO BE CONSIDERED IN ACQUIRING A CONDOMINIUM

30  UNIT.

31

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  1         2.  THE STATEMENTS CONTAINED HEREIN ARE ONLY SUMMARY IN

  2  NATURE.  A PROSPECTIVE BUYER PURCHASER SHOULD REFER TO ALL

  3  REFERENCES, ALL EXHIBITS HERETO, THE CONTRACT DOCUMENTS, AND

  4  SALES MATERIALS.

  5         3.  ORAL REPRESENTATIONS CANNOT BE RELIED UPON AS

  6  CORRECTLY STATING THE REPRESENTATIONS OF THE DEVELOPER. REFER

  7  TO THIS PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR

  8  CORRECT REPRESENTATIONS.

  9         Section 10.  Subsection (1) of section 718.506, Florida

10  Statutes, is amended to read:

11         718.506  Publication of false and misleading

12  information.--

13         (1)  Any person who, in reasonable reliance upon any

14  material statement or information that is false or misleading

15  and published by or under authority from the developer in

16  advertising and promotional materials, including, but not

17  limited to, a prospectus, the items required as exhibits to a

18  prospectus, brochures, and newspaper advertising, pays

19  anything of value toward the purchase of a condominium parcel

20  located in this state shall have a cause of action to rescind

21  the contract or collect damages from the developer for his or

22  her loss prior to the closing of the transaction.  After the

23  closing of the transaction, the buyer purchaser shall have a

24  cause of action against the developer for damages under this

25  section from the time of closing until 1 year after the date

26  upon which the last of the events described in paragraphs (a)

27  through (d) shall occur:

28         (a)  The closing of the transaction;

29         (b)  The first issuance by the applicable governmental

30  authority of a certificate of occupancy or other evidence of

31  sufficient completion of construction of the building

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  1  containing the unit to allow lawful occupancy of the unit.  In

  2  counties or municipalities in which certificates of occupancy

  3  or other evidences of completion sufficient to allow lawful

  4  occupancy are not customarily issued, for the purpose of this

  5  section, evidence of lawful occupancy shall be deemed to be

  6  given or issued upon the date that such lawful occupancy of

  7  the unit may first be allowed under prevailing applicable

  8  laws, ordinances, or statutes;

  9         (c)  The completion by the developer of the common

10  elements and such recreational facilities, whether or not the

11  same are common elements, which the developer is obligated to

12  complete or provide under the terms of the written contract or

13  written agreement for purchase or lease of the unit; or

14         (d)  In the event there shall not be a written contract

15  or agreement for sale or lease of the unit, then the

16  completion by the developer of the common elements and such

17  recreational facilities, whether or not the same are common

18  elements, which the developer would be obligated to complete

19  under any rule of law applicable to the developer's

20  obligation.

21

22  Under no circumstances shall a cause of action created or

23  recognized under this section survive for a period of more

24  than 5 years after the closing of the transaction.

25         Section 11.  Section 718.621, Florida Statutes, is

26  created to read:

27         718.621  Rulemaking authority.--The division has

28  authority to adopt rules pursuant to the Administrative

29  Procedures Act to implement and ensure compliance with

30  developer's obligations with respect to condominium

31  conversions concerning the filing and noticing of intended

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  1  conversion, rental agreement extensions, right of first

  2  refusal, and disclosure and post-purchase protections.

  3         Section 12.  Paragraphs (b) and (c) of subsection (1)

  4  of section 719.106, Florida Statutes, are amended to read:

  5         719.106  Bylaws; cooperative ownership.--

  6         (1)  MANDATORY PROVISIONS.--The bylaws or other

  7  cooperative documents shall provide for the following, and if

  8  they do not, they shall be deemed to include the following:

  9         (b)  Quorum; voting requirements; proxies.--

10         1.  Unless otherwise provided in the bylaws, the

11  percentage of voting interests required to constitute a quorum

12  at a meeting of the members shall be a majority of voting

13  interests, and decisions shall be made by owners of a majority

14  of the voting interests. Unless otherwise provided in this

15  chapter, or in the articles of incorporation, bylaws, or other

16  cooperative documents, and except as provided in subparagraph

17  (d)1., decisions shall be made by owners of a majority of the

18  voting interests represented at a meeting at which a quorum is

19  present.

20         2.  Except as specifically otherwise provided herein,

21  after January 1, 1992, unit owners may not vote by general

22  proxy, but may vote by limited proxies substantially

23  conforming to a limited proxy form adopted by the division.

24  Limited proxies and general proxies may be used to establish a

25  quorum.  Limited proxies shall be used for votes taken to

26  waive or reduce reserves in accordance with subparagraph

27  (j)2., for votes taken to amend the articles of incorporation

28  or bylaws pursuant to this section, and for any other matter

29  for which this chapter requires or permits a vote of the unit

30  owners.  Except as provided in paragraph (d), after January 1,

31  1992, no proxy, limited or general, shall be used in the

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  1  election of board members. General proxies may be used for

  2  other matters for which limited proxies are not required, and

  3  may also be used in voting for nonsubstantive changes to items

  4  for which a limited proxy is required and given.

  5  Notwithstanding the provisions of this section, unit owners

  6  may vote in person at unit owner meetings. Nothing contained

  7  herein shall limit the use of general proxies or require the

  8  use of limited proxies or require the use of limited proxies

  9  for any agenda item or election at any meeting of a timeshare

10  cooperative.

11         3.  Any proxy given shall be effective only for the

12  specific meeting for which originally given and any lawfully

13  adjourned meetings thereof.  In no event shall any proxy be

14  valid for a period longer than 90 days after the date of the

15  first meeting for which it was given.  Every proxy shall be

16  revocable at any time at the pleasure of the unit owner

17  executing it.

18         4.  A member of the board of administration or a

19  committee may submit in writing his or her agreement or

20  disagreement with any action taken at a meeting that the

21  member did not attend. This agreement or disagreement may not

22  be used as a vote for or against the action taken and may not

23  be used for the purposes of creating a quorum.

24         5.  When some or all of the board or committee members

25  meet by telephone conference, those board or committee members

26  attending by telephone conference may be counted toward

27  obtaining a quorum and may vote by telephone.  A telephone

28  speaker shall be utilized so that the conversation of those

29  board or committee members attending by telephone may be heard

30  by the board or committee members attending in person, as well

31  as by unit owners present at a meeting.

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  1         (c)  Board of administration meetings.--Meetings of the

  2  board of administration at which a quorum of the members is

  3  present shall be open to all unit owners.  Any unit owner may

  4  tape record or videotape meetings of the board of

  5  administration.  The right to attend such meetings includes

  6  the right to speak at such meetings with reference to all

  7  designated agenda items.  The division shall adopt reasonable

  8  rules governing the tape recording and videotaping of the

  9  meeting.  The association may adopt reasonable written rules

10  governing the frequency, duration, and manner of unit owner

11  statements. Adequate notice of all meetings shall be posted in

12  a conspicuous place upon the cooperative property at least 48

13  continuous hours preceding the meeting, except in an

14  emergency.  Any item not included on the notice may be taken

15  up on an emergency basis by at least a majority plus one of

16  the members of the board. Such emergency action shall be

17  noticed and ratified at the next regular meeting of the board.

18  However, written notice of any meeting at which nonemergency

19  special assessments, or at which amendment to rules regarding

20  unit use, will be considered shall be mailed or delivered to

21  the unit owners and posted conspicuously on the cooperative

22  property not less than 14 days prior to the meeting. Evidence

23  of compliance with this 14-day notice shall be made by an

24  affidavit executed by the person providing the notice and

25  filed among the official records of the association.  Upon

26  notice to the unit owners, the board shall by duly adopted

27  rule designate a specific location on the cooperative property

28  upon which all notices of board meetings shall be posted.

29  Notice of any meeting in which regular assessments against

30  unit owners are to be considered for any reason shall

31  specifically contain a statement that assessments will be

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  1  considered and the nature of any such assessments. Meetings of

  2  a committee to take final action on behalf of the board or to

  3  make recommendations to the board regarding the association

  4  budget are subject to the provisions of this paragraph.

  5  Meetings of a committee that does not take final action on

  6  behalf of the board or make recommendations to the board

  7  regarding the association budget are subject to the provisions

  8  of this section, unless those meetings are exempted from this

  9  section by the bylaws of the association. Notwithstanding any

10  other law to the contrary, the requirement that board meetings

11  and committee meetings be open to the unit owners is

12  inapplicable to meetings between the board or a committee and

13  the association's attorney, with respect to proposed or

14  pending litigation, when the meeting is held for the purpose

15  of seeking or rendering legal advice.

16         Section 13.  Subsection (6) is added to section

17  719.301, Florida Statutes, to read:

18         719.301  Transfer of association control.--

19         (6)  The division has authority to adopt rules pursuant

20  to the Administrative Procedures Act to ensure the efficient

21  and effective transition from developer control of a

22  cooperative to the establishment of a unit owner-controlled

23  association.

24         Section 14.  Section (2) of section 719.501, Florida

25  Statutes, is amended to read:

26         719.501  Powers and duties of Division of Florida Land

27  Sales, Condominiums, and Mobile Homes.--

28         (2)(a)  Each cooperative association shall pay to the

29  division, on or before January 1 of each year, an annual fee

30  in the amount of $4 for each residential unit in cooperatives

31  operated by the association.  If the fee is not paid by March

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  1  1, then the association shall be assessed a penalty of 10

  2  percent of the amount due, and the association shall not have

  3  the standing to maintain or defend any action in the courts of

  4  this state until the amount due is paid.

  5         (b)  The division may by rule establish timeframes for

  6  and require information relating to the creation, merger, and

  7  dissolution of cooperative associations.

  8         (c)(b)  All fees shall be deposited in the Division of

  9  Florida Land Sales, Condominiums, and Mobile Homes Trust Fund

10  as provided by law.

11         Section 15.  Subsection (1) of section 719.502, Florida

12  Statutes, is amended to read:

13         719.502  Filing prior to sale or lease.--

14         (1)(a)  A developer of a residential cooperative shall

15  file with the division one copy of each of the documents and

16  items required to be furnished to a buyer or lessee by ss.

17  719.503 and 719.504, if applicable.  Until the developer has

18  so filed, a contract for sale or lease of a unit for more than

19  5 years shall be voidable by the buyer purchaser or lessee

20  prior to the closing of his or her purchase or lease of a

21  unit. A developer shall not close on any contract for sale or

22  contract for a lease period of more than 5 years until the

23  developer prepares and files with the division documents

24  complying with the requirements of this chapter and the rules

25  promulgated by the division and until the division notifies

26  the developer that the filing is proper. A developer shall not

27  close on any contract for sale or contract for a lease period

28  of more than 5 years, as further provided in s. 719.503(1)(b),

29  until the developer prepares and delivers all documents

30  required by s. 719.503(1)(b) to the prospective buyer.

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  1         (b)  The division may by rule develop filing and review

  2  requirements and the relevant timetables necessary to ensure

  3  compliance with the notice and disclosure requirements of this

  4  chapter.

  5         Section 16.  Paragraph (b) of subsection (1) of section

  6  719.503, Florida Statutes, is amended to read:

  7         719.503  Disclosure prior to sale.--

  8         (1)  DEVELOPER DISCLOSURE.--

  9         (b)  Copies of documents to be furnished to prospective

10  buyer or lessee.--Until such time as the developer has

11  furnished the documents listed below to a person who has

12  entered into a contract to purchase a unit or lease it for

13  more than 5 years, the contract may be voided by that person,

14  entitling the person to a refund of any deposit together with

15  interest thereon as provided in s. 719.202.  The contract may

16  be terminated by written notice from the proposed buyer or

17  lessee delivered to the developer within 15 days after the

18  buyer or lessee receives all of the documents required by this

19  section. The developer shall not close for 15 days following

20  the execution of the agreement and delivery of the documents

21  to the buyer as evidenced by a receipt for documents signed by

22  the buyer unless the buyer is informed in the 15-day

23  voidability period and agrees to close prior to the expiration

24  of the 15 days. The developer shall retain in his or her

25  records a separate signed agreement as proof of the buyer's

26  agreement to close prior to the expiration of said voidability

27  period. Said proof shall be retained for a period of 5 years

28  after the date of the closing transaction. The documents to be

29  delivered to the prospective buyer are the prospectus or

30  disclosure statement with all exhibits, if the development is

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  1  subject to the provisions of s. 719.504, or, if not, then

  2  copies of the following which are applicable:

  3         1.  The question and answer sheet described in s.

  4  719.504, and cooperative documents, or the proposed

  5  cooperative documents if the documents have not been recorded,

  6  which shall include the certificate of a surveyor

  7  approximately representing the locations required by s.

  8  719.104.

  9         2.  The documents creating the association.

10         3.  The bylaws.

11         4.  The ground lease or other underlying lease of the

12  cooperative.

13         5.  The management contract, maintenance contract, and

14  other contracts for management of the association and

15  operation of the cooperative and facilities used by the unit

16  owners having a service term in excess of 1 year, and any

17  management contracts that are renewable.

18         6.  The estimated operating budget for the cooperative

19  and a schedule of expenses for each type of unit, including

20  fees assessed to a shareholder who has exclusive use of

21  limited common areas, where such costs are shared only by

22  those entitled to use such limited common areas.

23         7.  The lease of recreational and other facilities that

24  will be used only by unit owners of the subject cooperative.

25         8.  The lease of recreational and other common areas

26  that will be used by unit owners in common with unit owners of

27  other cooperatives.

28         9.  The form of unit lease if the offer is of a

29  leasehold.

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  1         10.  Any declaration of servitude of properties serving

  2  the cooperative but not owned by unit owners or leased to them

  3  or the association.

  4         11.  If the development is to be built in phases or if

  5  the association is to manage more than one cooperative, a

  6  description of the plan of phase development or the

  7  arrangements for the association to manage two or more

  8  cooperatives.

  9         12.  If the cooperative is a conversion of existing

10  improvements, the statements and disclosure required by s.

11  719.616.

12         13.  The form of agreement for sale or lease of units.

13         14.  A copy of the floor plan of the unit and the plot

14  plan showing the location of the residential buildings and the

15  recreation and other common areas.

16         15.  A copy of all covenants and restrictions which

17  will affect the use of the property and which are not

18  contained in the foregoing.

19         16.  If the developer is required by state or local

20  authorities to obtain acceptance or approval of any dock or

21  marina facilities intended to serve the cooperative, a copy of

22  any such acceptance or approval acquired by the time of filing

23  with the division pursuant to s. 719.502(1) or a statement

24  that such acceptance or approval has not been acquired or

25  received.

26         17.  Evidence demonstrating that the developer has an

27  ownership, leasehold, or contractual interest in the land upon

28  which the cooperative is to be developed.

29         Section 17.  Section 719.621, Florida Statutes, is

30  created to read:

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  1         719.621  Rulemaking authority.--The division has

  2  authority to adopt rules pursuant to the Administrative

  3  Procedures Act to implement and ensure compliance with

  4  developer's obligations with respect to cooperative

  5  conversions concerning the filing and noticing of intended

  6  conversion, rental agreement extensions, right of first

  7  refusal, and disclosure and post-purchase protections.

  8         Section 18.  This act shall take effect upon becoming a

  9  law.

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