Senate Bill 2274c1

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    Florida Senate - 1999                           CS for SB 2274

    By the Committee on Regulated Industries and Senator Saunders





    315-2083A-99

  1                      A bill to be entitled

  2         An act relating to condominium associations;

  3         amending s. 718.102, F.S.; providing an

  4         additional purpose of ch. 718, F.S.; amending

  5         s. 718.103, F.S.; revising definitions;

  6         providing an additional definition; amending s.

  7         718.104, F.S.; providing additional

  8         requirements for a declaration of condominium;

  9         providing for determining the percentage share

10         of liability for common expenses and ownership;

11         amending s. 718.106, F.S.; providing for the

12         right to assign exclusive use; providing for

13         the right to seek election; amending s.

14         718.110, F.S.; clarifying requirements for

15         amending and recording the declaration of

16         condominium; providing for determining the

17         percentage share of liability for common

18         expenses and ownership for purposes of

19         condominiums comprising a multicondominium

20         development; amending s. 718.111, F.S.;

21         clarifying an attorney-client privilege;

22         revising requirements for financial reports;

23         requiring the disclosure of reserves; revising

24         requirements for financial statements;

25         requiring the disclosure of revenues and common

26         expenses; revising certain limitations on the

27         commingling of funds maintained in the name of

28         a condominium association or multicondominium;

29         amending s. 718.112, F.S.; revising

30         requirements for budget meetings; providing

31         conditions under which a multicondominium

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  1         association may waive or reduce its funding of

  2         reserves; amending s. 718.113, F.S.; providing

  3         certain limitations on making material

  4         alterations or additions to multicondominiums;

  5         providing a procedure for approving an

  6         alteration or addition if not provided for in

  7         the bylaws; revising requirements for

  8         condominium boards with respect to installing

  9         and maintaining hurricane shutters; specifying

10         expenses that constitute common expenses of a

11         multicondominium association; providing for an

12         association's bylaws to allow certain

13         educational expenses of the officers or

14         directors to be a permitted common expense;

15         amending s. 718.115, F.S.; providing for

16         determining the common surplus owned by a unit

17         owner of a multicondominium; amending s.

18         718.116, F.S.; revising circumstances under

19         which a developer may be excused from paying

20         certain common expenses and assessments;

21         providing for the developer's obligation for

22         such expenses with respect to a

23         multicondominium association; amending s.

24         718.117, F.S.; providing that certain

25         requirements governing the termination of a

26         condominium are inapplicable to the merger of a

27         condominium with one or more other

28         condominiums; creating s. 718.405, F.S.;

29         providing for the creation of

30         multicondominiums; providing requirements for

31         the declaration of condominium; providing

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  1         notice requirements; providing for the merger

  2         or consolidation of condominium associations

  3         that are not controlled by a developer;

  4         amending s. 718.5019, F.S.; providing for a

  5         member's continued service until a replacement

  6         has been appointed; amending s. 718.504, F.S.;

  7         providing requirements for the prospectus or

  8         offering circular for a condominium that is or

  9         may become part of a multicondominium; amending

10         s. 624.462, F.S., relating to self-insurance

11         funds; conforming a cross-reference to changes

12         made by the act; requiring the Department of

13         Business and Professional Regulation to prepare

14         proposed legislation addressing master

15         condominium associations; providing criteria;

16         providing an effective date.

17

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

19

20         Section 1.  Section 718.102, Florida Statutes, is

21  amended to read:

22         718.102  Purposes.--The purpose of this chapter is:

23         (1)  To give statutory recognition to the condominium

24  form of ownership of real property.

25         (2)  To establish procedures for the creation, sale,

26  and operation of condominiums.

27         (3)  To provide information to condominium association

28  board members and unit owners to foster a better understanding

29  of their rights and responsibilities in the operation of their

30  condominium association.

31

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    Florida Senate - 1999                           CS for SB 2274
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  1  Every condominium created and existing in this state shall be

  2  subject to the provisions of this chapter.

  3         Section 2.  Section 718.103, Florida Statutes, 1998

  4  Supplement, is amended to read:

  5         718.103  Definitions.--As used in this chapter, the

  6  term:

  7         (1)  "Assessment" means a share of the funds which are

  8  required for the payment of common expenses, which from time

  9  to time is assessed against the unit owner.

10         (2)  "Association" means, in addition to those entities

11  responsible for the operation of common elements owned in

12  undivided shares by unit owners, any entity which operates or

13  maintains other real property in which condominium unit owners

14  have use rights, where unit owner membership in the entity is

15  composed exclusively of condominium unit owners or their

16  elected or appointed representatives, and where membership in

17  the entity is a required condition of unit ownership.

18         (3)  "Association property" means that property, real

19  and personal, which is owned or leased by, or is dedicated by

20  a recorded plat to, the association for the use and benefit of

21  its members.

22         (4)  "Board of administration" means the board of

23  directors or other representative body which is responsible

24  for administration of the association.

25         (5)  "Buyer" means a person who purchases a

26  condominium. The term "purchaser" may be used interchangeably

27  with the term "buyer."

28         (6)  "Bylaws" means the bylaws of the association as

29  they exist from time to time.

30         (7)  "Committee" means a group of board members, unit

31  owners, or board members and unit owners appointed by the

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  1  board or a member of the board to make recommendations to the

  2  board regarding the association budget or take action on

  3  behalf of the board.

  4         (8)  "Common elements" means the portions of the

  5  condominium property which are not included in the units.

  6         (9)  "Common expenses" means all expenses that and

  7  assessments which are properly incurred by the association in

  8  the performance of its duties, as further defined in s.

  9  718.115 for the condominium.

10         (10)  "Common surplus" means the excess of all receipts

11  of the association collected on behalf of a condominium

12  (including, but not limited to, assessments, rents, profits,

13  and revenues on account of the common elements) over the

14  common expenses.

15         (11)  "Condominium" means that form of ownership of

16  real property which is created pursuant to the provisions of

17  this chapter, which is comprised of units that may be owned by

18  one or more persons, and in which there is, appurtenant to

19  each unit, an undivided share in common elements.

20         (12)  "Condominium parcel" means a unit, together with

21  the undivided share in the common elements which is

22  appurtenant to the unit.

23         (13)  "Condominium property" means the lands,

24  leaseholds, and personal property that are subjected to

25  condominium ownership, whether or not contiguous, and all

26  improvements thereon and all easements and rights appurtenant

27  thereto intended for use in connection with the condominium.

28         (14)  "Conspicuous type" means type in capital letters

29  no smaller than the largest type, exclusive of headings, on

30  the page on which it appears and, in all cases, at least

31  10-point type.  Where conspicuous type is required, it must be

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  1  separated on all sides from other type and print. Conspicuous

  2  type may be used in contracts for purchase or public offering

  3  statements only where required by law.

  4         (15)  "Declaration" or "declaration of condominium"

  5  means the instrument or instruments by which a condominium is

  6  created, as they are from time to time amended.

  7         (16)  "Developer" means a person who creates a

  8  condominium or offers condominium parcels for sale or lease in

  9  the ordinary course of business, but does not include an owner

10  or lessee of a condominium or cooperative unit who has

11  acquired the unit for his or her own occupancy, nor does it

12  include a cooperative association which creates a condominium

13  by conversion of an existing residential cooperative after

14  control of the association has been transferred to the unit

15  owners if, following the conversion, the unit owners will be

16  the same persons who were unit owners of the cooperative and

17  no units are offered for sale or lease to the public as part

18  of the plan of conversion.

19         (17)  "Division" means the Division of Florida Land

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

21  Business and Professional Regulation.

22         (18)  "Land" means, unless otherwise defined in the

23  declaration as hereinafter provided, the surface of a legally

24  described parcel of real property and includes, unless

25  otherwise specified in the declaration and whether separate

26  from or including such surface, airspace lying above and

27  subterranean space lying below such surface.  However, if so

28  defined in the declaration, the term "land" may mean all or

29  any portion of the airspace or subterranean space between two

30  legally identifiable elevations and may exclude the surface of

31

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  1  a parcel of real property and may mean any combination of the

  2  foregoing, whether or not contiguous.

  3         (19)  "Limited common elements" means those common

  4  elements which are reserved for the use of a certain

  5  condominium unit or units to the exclusion of other units, as

  6  specified in the declaration of condominium.

  7         (20)  "Multicondominium" means a real estate

  8  development that contains more than one condominium operated

  9  by one condominium association.

10         (21)(20)  "Operation" or "operation of the condominium"

11  includes the administration and management of the condominium

12  property.

13         (22)(21)  "Rental agreement" means any written

14  agreement, or oral agreement if for less duration than 1 year,

15  providing for use and occupancy of premises.

16         (23)(22)  "Residential condominium" means a condominium

17  consisting of condominium units, any of which are intended for

18  use as a private temporary or permanent residence, except that

19  a condominium is not a residential condominium if the use for

20  which the units are intended is primarily commercial or

21  industrial and not more than three units are intended to be

22  used for private residence, and are intended to be used as

23  housing for maintenance, managerial, janitorial, or other

24  operational staff of the condominium. With respect to a

25  condominium that is not a timeshare condominium, a residential

26  unit includes a unit intended as a private temporary or

27  permanent residence as well as a unit not intended for

28  commercial or industrial use. With respect to a timeshare

29  condominium, the timeshare instrument as defined in s.

30  721.05(30) s. 721.05(28) shall govern the intended use of each

31  unit in the condominium. If a condominium is a residential

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    Florida Senate - 1999                           CS for SB 2274
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  1  condominium but contains units intended to be used for

  2  commercial or industrial purposes, then, with respect to those

  3  units which are not intended for or used as private

  4  residences, the condominium is not a residential condominium.

  5  A condominium which contains both commercial and residential

  6  units is a mixed-use condominium subject to the requirements

  7  of s. 718.404.

  8         (24)(23)  "Special assessment" means any assessment

  9  levied against unit owners other than the assessment required

10  by a budget adopted annually.

11         (25)(24)  "Timeshare estate" means any interest in a

12  unit under which the exclusive right of use, possession, or

13  occupancy of the unit circulates among the various purchasers

14  of a timeshare plan pursuant to chapter 721 on a recurring

15  basis for a period of time.

16         (26)(25)  "Timeshare unit" means a unit in which

17  timeshare estates have been created.

18         (27)(26)  "Unit" means a part of the condominium

19  property which is subject to exclusive ownership.  A unit may

20  be in improvements, land, or land and improvements together,

21  as specified in the declaration.

22         (28)(27)  "Unit owner" or "owner of a unit" means a

23  record owner of legal title to a condominium parcel.

24         (29)(28)  "Voting certificate" means a document which

25  designates one of the record title owners, or the corporate,

26  partnership, or entity representative, who is authorized to

27  vote on behalf of a condominium unit that is owned by more

28  than one owner or by any entity.

29         (30)(29)  "Voting interest" means the voting rights

30  distributed to the association members pursuant to s.

31  718.104(4)(i). In a multicondominium association the voting

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  1  interest of the association means the total votes in

  2  association affairs distributed to the owners of all units in

  3  all condominiums operated by the association. When a vote of

  4  the owners in any specific condominium on matters related to

  5  that condominium is required or permitted, the voting interest

  6  of the condominium means the total votes distributed to the

  7  owners of units in that condominium.

  8         Section 3.  Paragraphs (f) and (g) of subsection (4) of

  9  section 718.104, Florida Statutes, 1998 Supplement, are

10  amended to read:

11         718.104  Creation of condominiums; contents of

12  declaration.--Every condominium created in this state shall be

13  created pursuant to this chapter.

14         (4)  The declaration must contain or provide for the

15  following matters:

16         (f)  The undivided share of ownership of in the common

17  elements and common surplus of the condominium that is

18  appurtenant to each unit stated as a percentage or a fraction

19  of percentages or fractions, which, in the aggregate, must

20  equal the whole.  In the declaration of condominium for

21  residential condominiums created after April 1, 1992, the

22  ownership share of the common elements assigned to each

23  residential unit shall be based either upon the total square

24  footage of each residential unit in uniform relationship to

25  the total square footage of each other residential unit in the

26  condominium or on an equal fractional basis.

27         (g)  The percentage or fractional shares of liability

28  for the proportions or percentages of and manner of sharing

29  common expenses of the condominium and of ownership of the

30  owning common surplus, which, for all a residential units

31  condominium, must be the same as the undivided shares of

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  1  ownership in the common elements and common surplus

  2  appurtenant to each unit under paragraph (f). If a developer

  3  has reserved the right in a declaration recorded on or after

  4  July 1, 1999, to create a multicondominium development, the

  5  declaration of condominium for the first such condominium to

  6  be created must state, or provide a specific formula for

  7  determining, the fractional or percentage shares of liability

  8  for the common expenses of the association and of ownership of

  9  the common surplus of the association to be allocated to the

10  units in each condominium to be operated by the association.

11  If the first declaration as originally recorded fails to so

12  provide, the share of liability for the common expenses of the

13  association and of ownership of the common surplus of the

14  association allocated to each unit in each condominium

15  operated by the association shall be a fraction of the whole,

16  the numerator of which is the number "one" and the denominator

17  of which is the total number of units in all condominiums

18  operated by the association.

19         Section 4.  Subsection (2) of section 718.106, Florida

20  Statutes, is amended to read:

21         718.106  Condominium parcels; appurtenances; possession

22  and enjoyment.--

23         (2)  There shall pass with a unit, as appurtenances

24  thereto:

25         (a)  An undivided share in the common elements and

26  common surplus.

27         (b)  The exclusive right to use such portion of the

28  common elements as may be provided by the declaration,

29  including the right to transfer such exclusive use rights to

30  other units or unit owners to the extent authorized by the

31  original declaration or amendments to such declaration, which

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  1  amendments may be adopted in the manner required for regular

  2  amendments to the declaration of condominium and not pursuant

  3  to the percentage vote required to modify unit appurtenances.

  4  This paragraph is intended to clarify existing law.

  5         (c)  An exclusive easement for the use of the airspace

  6  occupied by the unit as it exists at any particular time and

  7  as the unit may lawfully be altered or reconstructed from time

  8  to time. An easement in airspace which is vacated shall be

  9  terminated automatically.

10         (d)  Membership in the association designated in the

11  declaration, with the full voting rights appertaining thereto

12  and the right to seek election to the board in a manner

13  consistent with s. 718.112(2)(d).

14         (e)  Other appurtenances as may be provided in the

15  declaration.

16         Section 5.  Subsections (4) and (9) of section 718.110,

17  Florida Statutes, are amended, and subsection (12) is added to

18  that section, to read:

19         718.110  Amendment of declaration; correction of error

20  or omission in declaration by circuit court.--

21         (4)  Unless otherwise provided in the declaration as

22  originally recorded, no amendment may change the configuration

23  or size of any condominium unit in any material fashion,

24  materially alter or modify the appurtenances to the unit, or

25  change the proportion or percentage by which the owner of the

26  unit parcel shares the common expenses and owns the common

27  surplus unless the record owner of the unit and all record

28  owners of liens on it join in the execution of the amendment

29  and unless all the record owners of all other units in the

30  same condominium approve the amendment.  The acquisition of

31  property by the association, and material alterations or

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  1  substantial additions to such property or the common elements

  2  by the association in accordance with s. 718.111(7) or s.

  3  718.113, shall not be deemed to constitute a material

  4  alteration or modification of the appurtenances to the units.

  5  A declaration recorded after April 1, 1992, may not require

  6  the approval of less than a majority of total voting interests

  7  of the condominium for amendments under this subsection,

  8  unless otherwise required by a any governmental entity.

  9         (9)  If there is an omission or error in a declaration

10  of condominium, or in any other document required by law to

11  establish the condominium, the association may correct the

12  error or omission by an amendment to the declaration or to the

13  other document required to create a condominium in the manner

14  provided in the declaration to amend the declaration or, if

15  none is provided, by vote of a majority of the voting

16  interests of the condominium.  The amendment is effective when

17  passed and approved and a certificate of the amendment is

18  executed and recorded as provided in subsection (2) s.

19  718.104.  This procedure for amendment cannot be used if such

20  an amendment would materially or adversely affect property

21  rights of unit owners, unless the affected unit owners consent

22  in writing. This subsection does not restrict the powers of

23  the association to otherwise amend the declaration, or other

24  documentation, but authorizes a simple process of amendment

25  requiring a lesser vote for the purpose of curing defects,

26  errors, or omissions when the property rights of unit owners

27  are not materially or adversely affected.

28         (12)  Unless approval by a greater number is uniformly

29  required in the declarations of all condominiums comprising a

30  multicondominium development, an amendment may not change the

31  fractional or percentage share of liability for the common

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  1  expenses of the association and of ownership of the common

  2  surplus of the association allocated to each unit as provided

  3  in s. 718.104(4)(g) without the approval of at least a

  4  majority of the total voting interests of each condominium

  5  operated by the association. Unless a greater number is

  6  expressly required in the declaration, the declaration of

  7  condominium for any existing condominium may be amended upon

  8  the approval of at least a majority of the total voting

  9  interests of each condominium operated by the association, for

10  the purpose of causing it to conform to the requirements of s.

11  718.104(4)(f) as reasonably necessary to:

12         (a)  Set forth in a declaration a formula that is

13  already in use, but not previously stated in the declaration,

14  for the sharing of common expenses and common surplus of the

15  association within an existing multicondominium development;

16  or

17         (b)  Allow the creation or enlargement of a

18  multicondominium development by the merger or consolidation of

19  two or more condominium associations and change the name of

20  the association, as applicable.

21         Section 6.  Paragraphs (a) and (c) of subsection (12)

22  and subsections (13), (14), and (15) of section 718.111,

23  Florida Statutes, 1998 Supplement, are amended to read:

24         718.111  The association.--

25         (12)  OFFICIAL RECORDS.--

26         (a)  From the inception of the association, the

27  association shall maintain each of the following items, when

28  applicable, which shall constitute the official records of the

29  association:

30         1.  A copy of the plans, permits, warranties, and other

31  items provided by the developer pursuant to s. 718.301(4).

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  1         2.  A photocopy of the recorded declaration of

  2  condominium of each condominium operated by the association

  3  and of each amendment to each declaration.

  4         3.  A photocopy of the recorded bylaws of the

  5  association and of each amendment to the bylaws.

  6         4.  A certified copy of the articles of incorporation

  7  of the association, or other documents creating the

  8  association, and of each amendment thereto.

  9         5.  A copy of the current rules of the association.

10         6.  A book or books which contain the minutes of all

11  meetings of the association, of the board of directors, and of

12  unit owners, which minutes shall be retained for a period of

13  not less than 7 years.

14         7.  A current roster of all unit owners and their

15  mailing addresses, unit identifications, voting

16  certifications, and, if known, telephone numbers.

17         8.  All current insurance policies of the association

18  and condominiums operated by the association.

19         9.  A current copy of any management agreement, lease,

20  or other contract to which the association is a party or under

21  which the association or the unit owners have an obligation or

22  responsibility.

23         10.  Bills of sale or transfer for all property owned

24  by the association.

25         11.  Accounting records for the association and

26  separate accounting records for each condominium which the

27  association operates, according to good accounting practices.

28  All accounting records shall be maintained for a period of not

29  less than 7 years. The accounting records shall include, but

30  are not limited to:

31

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  1         a.  Accurate, itemized, and detailed records of all

  2  receipts and expenditures.

  3         b.  A current account and a monthly, bimonthly, or

  4  quarterly statement of the account for each unit designating

  5  the name of the unit owner, the due date and amount of each

  6  assessment, the amount paid upon the account, and the balance

  7  due.

  8         c.  All audits, reviews, accounting statements, and

  9  financial reports of the association or condominium.

10         d.  All contracts for work to be performed.  Bids for

11  work to be performed shall also be considered official records

12  and shall be maintained for a period of 1 year.

13         12.  Ballots, sign-in sheets, voting proxies, and all

14  other papers relating to voting by unit owners, which shall be

15  maintained for a period of 1 year from the date of the

16  election, vote, or meeting to which the document relates.

17         13.  All rental records, when the association is acting

18  as agent for the rental of condominium units.

19         14.  A copy of the current question and answer sheet as

20  described by s. 718.504.

21         15.  All other records of the association not

22  specifically included in the foregoing which are related to

23  the operation of the association.

24         (c)  The official records of the association are open

25  to inspection by any association member or the authorized

26  representative of such member at all reasonable times.  The

27  right to inspect the records includes the right to make or

28  obtain copies, at the reasonable expense, if any, of the

29  association member.  The association may adopt reasonable

30  rules regarding the frequency, time, location, notice, and

31  manner of record inspections and copying. The failure of an

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  1  association to provide the records within 10 working days

  2  after receipt of a written request shall create a rebuttable

  3  presumption that the association willfully failed to comply

  4  with this paragraph.  A unit owner who is denied access to

  5  official records is entitled to the actual damages or minimum

  6  damages for the association's willful failure to comply with

  7  this paragraph.  The minimum damages shall be $50 per calendar

  8  day up to 10 days, the calculation to begin on the 11th

  9  working day after receipt of the written request.  The failure

10  to permit inspection of the association records as provided

11  herein entitles any person prevailing in an enforcement action

12  to recover reasonable attorney's fees from the person in

13  control of the records who, directly or indirectly, knowingly

14  denied access to the records for inspection.  The association

15  shall maintain an adequate number of copies of the

16  declaration, articles of incorporation, bylaws, and rules, and

17  all amendments to each of the foregoing, as well as the

18  question and answer sheet provided for in s. 718.504 and

19  year-end financial information required in this section on the

20  condominium property to ensure their availability to unit

21  owners and prospective purchasers, and may charge its actual

22  costs for preparing and furnishing these documents to those

23  requesting the same. Notwithstanding the provisions of this

24  paragraph, the following records shall not be accessible to

25  unit owners:

26         1.  Any document protected by the attorney-client

27  privilege as described in s. 90.502, as well as material

28  protected by the work-product privilege which consists of any

29  record A record which was prepared by an association attorney

30  or prepared at the attorney's express direction, which

31  reflects a mental impression, conclusion, litigation strategy,

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  1  or legal theory of the attorney or the association, and which

  2  was prepared exclusively for civil or criminal litigation or

  3  for adversarial administrative proceedings, or which was

  4  prepared in anticipation of imminent civil or criminal

  5  litigation or imminent adversarial administrative proceedings

  6  until the conclusion of the litigation or adversarial

  7  administrative proceedings.

  8         2.  Information obtained by an association in

  9  connection with the approval of the lease, sale, or other

10  transfer of a unit.

11         3.  Medical records of unit owners.

12         (13)  FINANCIAL REPORTS.--Within 90 60 days following

13  the end of the fiscal or calendar year, or annually on such

14  other date as may be is otherwise provided in the bylaws of

15  the association, the board of administration of the

16  association shall have prepared mail or furnish by personal

17  delivery to each unit owner a complete financial report of

18  actual receipts and expenditures of the association for the

19  preceding fiscal year or the association may have prepared

20  previous 12 months, or a complete set of financial statements

21  as provided in subsection (14), regardless of the number of

22  units operated by an association or the amount of revenues

23  earned by the association for the preceding fiscal year

24  prepared in accordance with generally accepted accounting

25  principles. Within 14 days after receiving the financial

26  report or financial statements, the association shall mail or

27  deliver a copy of the financial report or financial statements

28  to all of the unit owners, or notify each of the unit owners

29  that a copy of the report or financial statements is available

30  at no charge. The financial report must shall show the amounts

31  of receipts by accounts and receipt classifications and shall

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  1  show the amounts of expenses by accounts and expense

  2  classifications for the association and each condominium

  3  operated by a multicondominium association, including, if

  4  applicable, but not limited to, the following:

  5         (a)  Costs for security;

  6         (b)  Professional and management fees and expenses;

  7         (c)  Taxes;

  8         (d)  Costs for recreation facilities;

  9         (e)  Expenses for refuse collection and utility

10  services;

11         (f)  Expenses for lawn care;

12         (g)  Costs for building maintenance and repair;

13         (h)  Insurance costs;

14         (i)  Administrative and salary expenses; and

15         (j)  Reserves accumulated and expended for capital

16  expenditures, deferred maintenance, and any other category for

17  which the association maintains a reserve account or accounts.

18  For a multicondominium association, the reserve disclosures

19  must separately show reserves accumulated and expended on

20  behalf of the unit owners of all condominiums and by the unit

21  owners of specific condominiums.

22         (14)  FINANCIAL STATEMENTS.--The division shall adopt

23  rules that, subject to the provisions of this section,

24  authorize which may require that the association to prepare,

25  within 90 days after the end of each fiscal year or annually

26  on the date provided in the bylaws deliver to the unit owners,

27  in lieu of the financial report required by subsection (13), a

28  complete set of financial statements for the preceding fiscal

29  year in lieu of the financial report required by subsection

30  (13). Within 14 days after the association's receipt of the

31  financial statements, the association shall mail or deliver a

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  1  copy of the financial statements to all of the unit owners or

  2  notify each of the unit owners that a copy of the financial

  3  statements is available at no charge. The financial statements

  4  shall be delivered within 90 days following the end of the

  5  previous fiscal year or annually on such other date as

  6  provided by the bylaws. The rules of the division may require

  7  that the financial statements be compiled, reviewed, or

  8  audited, based on the size of the association and the amount

  9  of revenues earned by the association and the rules shall take

10  into consideration the criteria set forth in s. 718.501(1)(j).

11  The requirement to have the financial statements compiled,

12  reviewed, or audited does not apply to associations when a

13  majority of the voting interests of the association present at

14  a duly called meeting of the association have determined for a

15  fiscal year to waive this requirement.  In an association in

16  which turnover of control by the developer has not occurred,

17  the developer may vote to waive the audit, review, or

18  compilation requirement for the first 2 fiscal years of the

19  operation of the association, beginning with the date the

20  initial declaration is recorded in the county records, after

21  which time waiver of an applicable audit, review, or

22  compilation requirement shall be by a majority of voting

23  interests of the association, excluding other than the

24  developer voting interests.  The meeting shall be held prior

25  to the end of the fiscal year, and the waiver shall be

26  effective for only 1 fiscal year.  This subsection does not

27  apply to an association that operates a condominium which

28  consists of 50 or fewer units. For a multicondominium

29  association, the financial statements may be presented on a

30  combined basis if the notes or supplementary information

31  disclose the revenues, expenses, and changes in fund balances

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  1  for the association and for each condominium. In addition, the

  2  financial statements, notes, or supplementary information must

  3  disclose the revenues and common expenses of the association

  4  and the method used to allocate the revenues, expenses, and

  5  common surplus of the association to the unit owners.

  6         (15)  COMMINGLING OF FUNDS.--All funds shall be

  7  maintained separately in the association's name.  Reserve and

  8  operating funds of the association shall not be commingled

  9  unless combined for investment purposes. This subsection does

10  not is not meant to prohibit prudent investment of association

11  funds even if such investment involves combining combined with

12  operating and or other reserve funds of the same association,

13  but the operating and reserve such funds must be accounted for

14  separately, and the combined account balance may not, at any

15  time, be less than the amount identified as reserve funds in

16  the combined account. With respect to a multicondominium

17  association, this subsection does not prohibit commingling of

18  the association's various operating funds or commingling of

19  the association's various reserve funds; however, each

20  operating fund that is commingled, and each reserve fund that

21  is commingled, must be accounted for separately. A No manager

22  or business entity required to be licensed or registered under

23  s. 468.432, and an no agent, employee, officer, or director of

24  a condominium association may not shall commingle any

25  association funds with his or her funds or with the funds of

26  any other condominium association or community association as

27  defined in s. 468.431.

28         Section 7.  Paragraphs (d), (e), and (f) of subsection

29  (2) of section 718.112, Florida Statutes, 1998 Supplement, are

30  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         (d)  Unit owner meetings.--

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

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

  7  board of administration caused by the expiration of a

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

  9  member, and the election shall be by secret ballot; however,

10  if the number of vacancies equals or exceeds the number of

11  candidates, no election is required. If there is no provision

12  in the bylaws for terms of the members of the board of

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

14  administration shall expire upon the election of their

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

16  be a candidate for board membership shall comply with

17  subparagraph 3. In order to be eligible for board membership,

18  a person must meet the requirements set forth in the

19  declaration. A person who has been convicted of any felony by

20  any court of record in the United States and who has not had

21  his or her right to vote restored pursuant to law in the

22  jurisdiction of his or her residence is not eligible for board

23  membership. The validity of an action by the board is not

24  affected if it is later determined that a member of the board

25  is ineligible for board membership due to having been

26  convicted of a felony.

27         2.  The bylaws shall provide the method of calling

28  meetings of unit owners, including annual meetings. Written

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

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

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

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  1  the condominium property at least 14 continuous days preceding

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

  3  shall by duly adopted rule designate a specific location on

  4  the condominium property or association property upon which

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

  6  if there is no condominium property or association property

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

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

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

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

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

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

13  that one address which the developer initially identifies for

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

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

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

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

18  association, or the manager or other person providing notice

19  of the association meeting, shall provide an affidavit or

20  United States Postal Service certificate of mailing, to be

21  included in the official records of the association affirming

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

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

24  furnished to the association.

25         3.  The members of the board of administration shall be

26  elected by written ballot or voting machine. Proxies shall in

27  no event be used in electing the board of administration,

28  either in general elections or elections to fill vacancies

29  caused by recall, resignation, or otherwise, unless otherwise

30  provided in this chapter. Not less than 60 days before a

31  scheduled election, the association shall mail or deliver,

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  1  whether by separate association mailing or included in another

  2  association mailing or delivery including regularly published

  3  newsletters, to each unit owner entitled to a vote, a first

  4  notice of the date of the election. Any unit owner or other

  5  eligible person desiring to be a candidate for the board of

  6  administration must give written notice to the association not

  7  less than 40 days before a scheduled election.  Together with

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

  9  the association shall mail or deliver a second notice of the

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

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

12  a candidate, the association shall include an information

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

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

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

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

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

18  the contents of the information sheets prepared by the

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

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

21  paper. The division shall by rule establish voting procedures

22  consistent with the provisions contained herein, including

23  rules providing for the secrecy of ballots.  Elections shall

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

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

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

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

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

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

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

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

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  1  casting the ballot. Any unit owner violating this provision

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

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

  4  meeting. The provisions of this subparagraph shall not apply

  5  to timeshare condominium associations. Notwithstanding the

  6  provisions of this subparagraph, an election and balloting are

  7  not required unless more candidates file notices of intent to

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

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

10  chapter or the applicable declaration or bylaws, including,

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

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

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

14  applicable condominium documents relating to unit owner

15  decisionmaking, except that unit owners may take action by

16  written agreement, without meetings, on matters for which

17  action by written agreement without meetings is expressly

18  allowed by the applicable bylaws or declaration or any statute

19  that provides for such action.

20         5.  Unit owners may waive notice of specific meetings

21  if allowed by the applicable bylaws or declaration or any

22  statute.

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

24  meetings of unit owners with reference to all designated

25  agenda items. However, the association may adopt reasonable

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

27  owner participation.

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

29  meeting of the unit owners subject to reasonable rules adopted

30  by the division.

31

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  1         8.  Unless otherwise provided in the bylaws, any

  2  vacancy occurring on the board before the expiration of a term

  3  may be filled by the affirmative vote of the majority of the

  4  remaining directors, even if the remaining directors

  5  constitute less than a quorum, or by the sole remaining

  6  director. In the alternative, a board may hold an election to

  7  fill the vacancy, in which case the election procedures must

  8  conform to the requirements of subparagraph 3. unless the

  9  association has opted out of the statutory election process,

10  in which case the bylaws of the association control. Unless

11  otherwise provided in the bylaws, a board member appointed or

12  elected under this section shall fill the vacancy for the

13  unexpired term of the seat being filled. Filling vacancies

14  created by recall is governed by paragraph (j) and rules

15  adopted by the division.

16

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

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

19  interests, provide for different voting and election

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

21  specifically delineating the different voting and election

22  procedures. The different voting and election procedures may

23  provide for elections to be conducted by limited or general

24  proxy.

25         (e)  Budget meeting.--The board of administration shall

26  hand deliver to each unit owner, or mail to each unit owner at

27  the address last furnished to the association, a meeting

28  notice and copies of the proposed annual budget of common

29  expenses not less than 14 days prior to the meeting of the

30  unit owners or the board of administration at which the budget

31  will be considered. Evidence of compliance with this 14-day

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  1  notice must be made by an affidavit executed by an officer of

  2  the association or the manager or other person providing

  3  notice of the meeting and filed among the official records of

  4  the association.  The meeting must be open to the unit owners.

  5  If an adopted budget requires assessments against the unit

  6  owners in any fiscal or calendar year which exceed 115 percent

  7  of the assessments for the preceding year, the board, upon

  8  written application to the board of 10 percent of the voting

  9  interests of units subject to assessment under that budget to

10  the board, shall call a special meeting of the unit owners

11  within 30 days upon not less than 10 days' written notice to

12  each unit owner.  At the special meeting, the unit owners

13  subject to assessment under the budget may shall consider and

14  enact a different budget.  Unless the bylaws require a larger

15  vote, the adoption of a different the budget by unit owners

16  requires the affirmative a vote of at least not less than a

17  majority vote of all the voting interests subject to

18  assessment under that budget. The board of administration may

19  propose a budget to the unit owners at a meeting of the

20  members or in writing by mail, and if the budget or proposed

21  budget is approved by a majority of the voting interests of

22  units subject to assessments under the budget the unit owners

23  at the meeting or by a majority of all the voting interests in

24  writing, the budget is adopted. If a meeting of the unit

25  owners has been called and a quorum is not attained or a

26  substitute budget is not adopted by the unit owners, the

27  budget adopted by the board of directors goes into effect as

28  scheduled.  In determining whether assessments exceed 115

29  percent of similar assessments in prior years, any authorized

30  provisions for reasonable reserves for repair or replacement

31  of the condominium property, anticipated expenses by the

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  1  condominium association which are not anticipated to be

  2  incurred on a regular or annual basis, or assessments for

  3  betterments to the condominium property must be excluded from

  4  the computation.  However, as long as the developer is in

  5  control of the board of administration, the board may not

  6  impose an assessment for any year greater than 115 percent of

  7  the prior fiscal or calendar year's assessment without

  8  approval of a majority of all the voting interests of units

  9  subject to assessments under the budget. A multicondominium

10  association shall adopt a separate budget of common expenses

11  for each condominium it operates and shall adopt a separate

12  budget of common expenses for the association.

13         (f)  Annual budget.--

14         1.  The proposed annual budget of common expenses shall

15  be detailed and shall show the amounts budgeted by accounts

16  and expense classifications, including, if applicable, but not

17  limited to, those expenses listed in s. 718.504(21) s.

18  718.504(20). In addition, if the association maintains limited

19  common elements with the cost to be shared only by those

20  entitled to use the limited common elements as provided for in

21  s. 718.113(1), the budget or a schedule attached thereto shall

22  show amounts budgeted therefor. If, after turnover of control

23  of the association to the unit owners, any of the expenses

24  listed in s. 718.504(21) s. 718.504(20) are not applicable,

25  they need not be listed.

26         2.  In addition to annual operating expenses, the

27  budget shall include reserve accounts for capital expenditures

28  and deferred maintenance. These accounts shall include, but

29  are not limited to, roof replacement, building painting, and

30  pavement resurfacing, regardless of the amount of deferred

31  maintenance expense or replacement cost, and for any other

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  1  item for which the deferred maintenance expense or replacement

  2  cost exceeds $10,000. The amount to be reserved shall be

  3  computed by means of a formula which is based upon estimated

  4  remaining useful life and estimated replacement cost or

  5  deferred maintenance expense of each reserve item.  The

  6  association may adjust replacement reserve assessments

  7  annually to take into account any changes in estimates or

  8  extension of the useful life of a reserve item caused by

  9  deferred maintenance. This subsection does not apply to

10  budgets in which the members of an association have, by a

11  majority vote at a duly called meeting of the association, and

12  voting determined for a fiscal year to provide no reserves or

13  reserves less adequate than required by this subsection.

14  However, prior to turnover of control of an association by a

15  developer to unit owners other than a developer pursuant to s.

16  718.301, the developer may vote to waive the reserves or

17  reduce the funding of reserves for the first 2 fiscal years of

18  the operation of the association, beginning with the date the

19  initial declaration is recorded in the county records, after

20  which time reserves may be waived or reduced only upon the

21  vote of a majority of all nondeveloper voting interests voting

22  in person or by limited proxy at a duly called meeting of the

23  association. If a meeting of the unit owners has been called

24  to determine to provide no reserves or reserves less adequate

25  than required, and such result is not attained or a quorum is

26  not attained, the reserves as included in the budget shall go

27  into effect. After the turnover, the developer may vote its

28  voting interest to waive or reduce the funding of reserves.

29         3.  Reserve funds and any interest accruing thereon

30  shall remain in the reserve account or accounts, and shall be

31  used only for authorized reserve expenditures unless their use

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  1  for other purposes is approved in advance by a majority vote

  2  at a duly called meeting of the association. Prior to turnover

  3  of control of an association by a developer to unit owners

  4  other than the developer pursuant to s. 718.301, the

  5  developer-controlled association shall not vote to use

  6  reserves for purposes other than that for which they were

  7  intended without the approval of a majority of all

  8  nondeveloper voting interests, voting in person or by limited

  9  proxy at a duly called meeting of the association.

10         4.  In a multicondominium association, the only voting

11  interests of the association which are eligible to vote on

12  questions that involve waiving or reducing the funding of

13  reserves or using existing reserve funds for other purposes

14  are the voting interests of the units that are subject to

15  assessment to fund the reserves in question.

16         Section 8.  Subsection (2) of section 718.113, Florida

17  Statutes, is amended to read:

18         718.113  Maintenance; limitation upon improvement;

19  display of flag; hurricane shutters.--

20         (2)(a)  Except as otherwise provided in this section,

21  there shall be no material alteration or substantial additions

22  to the common elements or to real property which is

23  association property, except in a manner provided in the

24  declaration.  If the declaration does not specify the

25  procedure for approval of alterations or additions, 75 percent

26  of the total voting interests of the association must approve

27  the alterations or additions.

28         (b)  There shall not be any material alteration or

29  substantial addition made to the common elements of a

30  condominium or condominiums operated by a multicondominium

31  association unless approved in a manner provided in the

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  1  declaration of the affected condominium or condominiums. If a

  2  declaration does not specify a procedure for approving a

  3  material alteration or substantial addition, the approval of

  4  75 percent of the total voting interests of each affected

  5  condominium is required. This subsection does not prohibit a

  6  provision in any condominium document requiring the approval

  7  of unit owners in other condominiums or requiring the approval

  8  of the board of directors before a material alteration or

  9  substantial addition to the common elements is permitted.

10         (c)  There shall not be any material alteration or

11  substantial addition made to association real property

12  operated by a multicondominium association, except as provided

13  in the articles of incorporation or bylaws. If the articles of

14  incorporation or bylaws do not specify the procedure for

15  approving a material alteration or substantial addition to

16  association real property, the approval of 75 percent of the

17  total voting interests of the association is required.

18         Section 9.  Section 718.115, Florida Statutes, 1998

19  Supplement, is amended to read:

20         718.115  Common expenses and common surplus.--

21         (1)(a)  Common expenses include the expenses of the

22  operation, maintenance, repair, replacement, or protection of

23  the common elements and association property, costs of

24  carrying out the powers and duties of the association, and any

25  other expense, whether or not included in the foregoing,

26  designated as common expense by this chapter, the declaration,

27  the documents creating the association, or the bylaws.  Common

28  expenses also include reasonable transportation services,

29  insurance for directors and officers, road maintenance and

30  operation expenses, in-house communications, and security

31  services, which are reasonably related to the general benefit

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  1  of the unit owners even if such expenses do not attach to the

  2  common elements or property of the condominium.  However, such

  3  common expenses must either have been services or items

  4  provided from the date the control of the board of

  5  administration of the association was transferred from the

  6  developer to the unit owners or must be services or items

  7  provided for in the condominium documents or bylaws. With

  8  respect to a multicondominium association, the common expenses

  9  of the association are the common expenses that are not

10  directly attributable to the operation of a specific

11  condominium or condominiums, and common expenses of the

12  condominium are the common expenses that are directly

13  attributable to the operation of a specific condominium or

14  condominiums. The common expenses of the association may

15  include categories of expenses related to the property or

16  common elements within a specific condominium or condominiums

17  if such property or common elements are within areas that all

18  members of the association have use rights or receive other

19  tangible economic benefits. Such common expenses of the

20  association must be identified in the declaration or bylaws.

21         (b)  If provided for in the declaration or bylaws, the

22  actual cost of registration or tuition, and reimbursement for

23  mileage at the rate allowed by the Internal Revenue Service at

24  the time the expense is incurred, is a permissible common

25  expense to pay for participation by officers or directors of

26  the condominium in educational courses offered within the

27  state which relate to the provisions of this chapter and the

28  administrative regulations adopted under this chapter. Such

29  reimbursement is limited to participation in educational

30  programs while serving as an officer or director. The

31  declaration or bylaws may provide a limit on such educational

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  1  expenditures. All expenses incurred must be documented by

  2  contemporaneous receipts, which must be kept as part of the

  3  official records of the association. When an educational

  4  program is offered in multiple locations, course cost and

  5  mileage reimbursement may only be made for the location

  6  closest to the condominium association or to the location

  7  closest to the attending officer or director.

  8         (c)(b)  If so provided in the declaration, the cost of

  9  a master antenna television system or duly franchised cable

10  television service obtained pursuant to a bulk contract shall

11  be deemed a common expense. If the declaration does not

12  provide for the cost of a master antenna television system or

13  duly franchised cable television service obtained under a bulk

14  contract as a common expense, the board of administration may

15  enter into such a contract, and the cost of the service will

16  be a common expense but allocated on a per-unit basis rather

17  than a percentage basis if the declaration provides for other

18  than an equal sharing of common expenses, and any contract

19  entered into before July 1, 1998, in which the cost of the

20  service is not equally divided among all unit owners, may be

21  changed by vote of a majority of the voting interests present

22  at a regular or special meeting of the association, to

23  allocate the cost equally among all units. The contract shall

24  be for a term of not less than 2 years.

25         1.  Any contract made by the board after the effective

26  date hereof for a community antenna system or duly franchised

27  cable television service may be canceled by a majority of the

28  voting interests present at the next regular or special

29  meeting of the association.  Any member may make a motion to

30  cancel said contract, but if no motion is made or if such

31  motion fails to obtain the required majority at the next

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  1  regular or special meeting, whichever is sooner, following the

  2  making of the contract, then such contract shall be deemed

  3  ratified for the term therein expressed.

  4         2.  Any such contract shall provide, and shall be

  5  deemed to provide if not expressly set forth, that any hearing

  6  impaired or legally blind unit owner who does not occupy the

  7  unit with a non-hearing-impaired or sighted person may

  8  discontinue the service without incurring disconnect fees,

  9  penalties, or subsequent service charges, and as to such

10  units, the owners shall not be required to pay any common

11  expenses charge related to such service. If less than all

12  members of an association share the expenses of cable

13  television, the expense shall be shared equally by all

14  participating unit owners. The association may use the

15  provisions of s. 718.116 to enforce payment of the shares of

16  such costs by the unit owners receiving cable television.

17         (d)(c)  The expense of installation, replacement,

18  operation, repair, and maintenance of hurricane shutters by

19  the board pursuant to s. 718.113(5) shall constitute a common

20  expense as defined herein and shall be collected as provided

21  in this section. Notwithstanding the provisions of s.

22  718.116(9), a unit owner who has previously installed

23  hurricane shutters in accordance with s. 718.113(5) or

24  laminated glass architecturally designed to function as

25  hurricane protection which complies with the applicable

26  building code shall receive a credit equal to the pro rata

27  portion of the assessed installation cost assigned to each

28  unit. However, such unit owner shall remain responsible for

29  the pro rata share of expenses for hurricane shutters

30  installed on common elements and association property by the

31  board pursuant to s. 718.113(5), and shall remain responsible

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  1  for a pro rata share of the expense of the replacement,

  2  operation, repair, and maintenance of such shutters.

  3         (e)(d)  If any unpaid share of common expenses or

  4  assessments is extinguished by foreclosure of a superior lien

  5  or by a deed in lieu of foreclosure thereof, the unpaid share

  6  of common expenses or assessments are common expenses

  7  collectible from all the unit owners in the condominium in

  8  which the unit is located.

  9         (2)  Except as otherwise provided by this chapter,

10  funds for the payment of common expenses of each condominium

11  shall be collected by assessments against the units in that

12  condominium unit owners in the proportions or percentages

13  provided in the declaration.  In a residential condominium, or

14  mixed-use condominium created after January 1, 1996, each

15  unit's share of unit owners' shares of common expenses and

16  common surplus shall be the same as the in the same

17  proportions as their ownership interest in the common

18  elements. In a multicondominium association, the total common

19  surplus owned by a unit owner consists of that unit owner's

20  share of the common surplus of the association as provided in

21  s. 718.104(4)(g) and that owner's share of the common surplus

22  of the condominium in which the owner's unit is located.

23         (3)  Common surplus is owned by unit owners in the same

24  shares as their ownership interest in the common elements.

25         Section 10.  Subsection (9) of section 718.116, Florida

26  Statutes, 1998 Supplement, is amended to read:

27         718.116  Assessments; liability; lien and priority;

28  interest; collection.--

29         (9)(a)  A No unit owner may not be excused from the

30  payment of the unit's his or her share of the common expenses

31  expense of a condominium unless all unit owners are likewise

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  1  proportionately excused from payment, except as provided in

  2  subsection (1) and in the following cases:

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

  4  other person who is offering owns condominium units offered

  5  for sale may elect to be excused from the payment of the share

  6  of the common expenses and assessments related to those units

  7  for a stated period of time subsequent to the recording of the

  8  declaration of condominium.  The period must terminate no

  9  later than the first day of the fourth calendar month

10  following the month in which the first closing of the purchase

11  and sale of a unit in that the first condominium unit occurs.

12  However, the developer must pay those common expenses incurred

13  during that period which exceed the amount assessed against

14  other unit owners. Notwithstanding this limitation, if a

15  developer-controlled association has maintained all insurance

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

17  incurred during the foregoing period resulting from a natural

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

19  proceeds from the insurance maintained by the association, may

20  be assessed assigned against all unit owners of owning units

21  on the date of such natural disaster or act of God, and their

22  successors and assigns, including the developer with respect

23  to units owned by the developer.  In the event of such an

24  assessment, all units shall be assessed in accordance with

25  their ownership interest in the common elements as required by

26  s. 718.115(2).

27         2.  A developer or other person who owns condominium

28  units and is offering the units for sale or who has an

29  obligation to pay common condominium expenses may be excused

30  from paying the payment of his or her share of the common

31  expenses expense which would otherwise be have been assessed

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  1  against those units during the period of time that such person

  2  he or she has guaranteed to each purchaser in the purchase

  3  contract, declaration, or prospectus, or by agreement between

  4  the developer and a majority of the unit owners other than the

  5  developer, that assessments the assessment for common expenses

  6  of the condominium imposed upon the unit owners would not

  7  increase over a stated dollar amount, and such person has

  8  obligated himself or herself to pay any amount of common

  9  expenses incurred during that period and not produced by the

10  assessments at the guaranteed level receivable from other unit

11  owners in the same condominium. Notwithstanding this

12  limitation, if a developer-controlled association has

13  maintained all insurance coverages required by s.

14  718.111(11)(a), the common expenses incurred during the

15  guarantee period resulting from a natural disaster or an act

16  of God, which are not covered by insurance proceeds from the

17  insurance maintained by the association, may be assessed

18  against all unit owners of owning units on the date of such

19  natural disaster or act of God, and their successors and

20  assigns, including the developer with respect to units owned

21  by the developer. In the event of such an assessment, all

22  units shall be assessed in accordance with their ownership

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

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

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

26  for one or more additional stated periods.

27         (b)  If the purchase contract, declaration, prospectus,

28  or agreement between the developer and a majority of unit

29  owners other than the developer provides for the developer or

30  another person to be excused from the payment of assessments

31  pursuant to paragraph (a), no funds which are receivable from

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  1  unit purchasers or owners and payable to the association or

  2  collected by the developer on behalf of the association, other

  3  than regular periodic assessments for common expenses as

  4  provided in the declaration and disclosed in the estimated

  5  operating budget pursuant to s. 718.503(1)(b)6. or s.

  6  718.504(21)(b) s. 718.504(20)(b), shall be used for payment of

  7  common expenses prior to the expiration of the period during

  8  which the developer or other person is so excused. This

  9  restriction applies to funds including, but not limited to,

10  capital contributions or startup funds collected from unit

11  purchasers at closing.

12         (c)  In a multicondominium situation, if a developer is

13  excused from paying assessments under paragraph (a), the

14  developer's financial obligation to the multicondominium

15  association shall consist of two parts as follows:

16         1.  The developer shall pay those common expenses of

17  the condominium affected by the guarantee, including the

18  funding of reserves as included in the adopted budget of that

19  condominium, in excess of the amount assessed against the

20  nondeveloper units within that condominium through regular

21  periodic assessments related to the adopted budget of that

22  condominium.

23         2.  The developer shall pay the portion of the common

24  expenses of the association, including the funding of reserves

25  as included in the adopted budget of the association,

26  allocated to the units within the condominium affected by the

27  guarantee which is in excess of the amount assessed against

28  the nondeveloper units within that condominium through regular

29  periodic assessments related to the adopted budget of the

30  association.

31

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  1         Section 11.  Subsection (11) is added to section

  2  718.117, Florida Statutes, 1998 Supplement, to read:

  3         718.117  Termination.--

  4         (11)  This section does not apply to the termination of

  5  a condominium incident to a merger of that condominium with

  6  one or more other condominiums under s. 718.110(7).

  7         Section 12.  Section 718.405, Florida Statutes, is

  8  created to read:

  9         718.405  Multicondominiums.--

10         (1)  An association may operate more than one

11  condominium if the declaration of condominium for each

12  condominium to be operated by that association provides for

13  multicondominium development, in conformity with this section,

14  and discloses or describes:

15         (a)  The manner or formula by which the assets,

16  liabilities, and the common expenses of the association will

17  be apportioned among the various units within the condominiums

18  operated by the association, consistent with s. 718.104(4)(g).

19         (b)  Whether unit owners in other condominiums, or any

20  other persons, will or may have the right to use recreational

21  areas or any other facilities or amenities that are common

22  elements of the condominium, and, if so, the specific formula

23  by which the other users will share the common expenses

24  related to those facilities or amenities.

25         (c)  The recreational and other commonly used

26  facilities or amenities that the developer has committed to

27  provide and that are owned or leased by the association but

28  are not included within any condominium. The developer may

29  reserve the right to add additional facilities or amenities if

30  the prospectus for each condominium to be operated by the

31  association contains the following statement in conspicuous

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  1  type and in substantially the following form: RECREATIONAL

  2  FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT OF UNIT

  3  OWNERS OR THE ASSOCIATION.

  4         (d)  The voting rights of the owners of each unit in

  5  the election of directors and in other association affairs

  6  when a vote of the owners is taken, including, but not limited

  7  to, a statement as to whether each unit owner will have a

  8  right to personally cast his or her own vote in all matters

  9  voted upon.

10         (2)  If any declaration requires a developer to convey

11  any additional lands or facilities to the association and the

12  developer fails to do so within the time specified, or within

13  a reasonable time if none is specified, any owner of a unit or

14  the association may enforce such obligation against the

15  developer or bring an action against the developer for

16  specific performance or for damages that result from the

17  developer's failure or refusal to convey such additional lands

18  or facilities.

19         (3)  The declaration that creates each condominium to

20  be operated by the association may not, at the time of its

21  initial recording, contain any provision with respect to the

22  allocation of the assets, liabilities, or common expenses of

23  the association which is inconsistent with this chapter or the

24  provisions of the declaration of condominium for any other

25  condominium then being operated by the association.

26         (4)  This section does not prevent or restrict the

27  formation of a multicondominium development by the merger or

28  consolidation of two or more condominium associations. Such

29  mergers or consolidations shall be accomplished in accordance

30  with the condominium documents of the condominiums involved

31  and in accordance with chapter 617, which governs the merger

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  1  or consolidation of corporations, as applicable. Section

  2  718.110(4) does not apply to amendments to the declarations of

  3  condominium necessary to effect the merger or consolidation.

  4         Section 13.  Subsection (1) of section 718.5019,

  5  Florida Statutes, is amended to read:

  6         718.5019  Advisory council; membership; functions.--

  7         (1)  There is created the Advisory Council on

  8  Condominiums. The council shall consist of seven members. Two

  9  shall be appointed by the Speaker of the House of

10  Representatives, two shall be appointed by the President of

11  the Senate, and three members shall be appointed by the

12  Governor. At least one member shall represent timeshare

13  condominiums. Members shall be appointed to 2-year terms.

14  Members shall continue to serve until their replacement has

15  been appointed. In addition to these appointed members, the

16  director of the Division of Florida Land Sales, Condominiums,

17  and Mobile Homes shall serve as an ex officio member of the

18  council. It is the intent of the Legislature that the

19  appointments to this council be geographically distributed

20  across the state and represent a cross section of persons

21  interested in condominium issues and include unit-owner and

22  board representatives and a representative from at least one

23  association with less than 100 units. For administrative

24  purposes, the commission shall be located in the Division of

25  Florida Land Sales, Condominiums, and Mobile Homes of the

26  Department of Business and Professional Regulation. Members of

27  the council shall serve without compensation, but shall be

28  entitled to receive per diem and travel expenses pursuant to

29  s. 112.061 while on official business.

30         Section 14.  Present subsections (15) through (27) of

31  section 718.504, Florida Statutes, 1998 Supplement, are

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  1  redesignated as subsections (16) through (28), respectively,

  2  and a new subsection (15) is added to that section, to read:

  3         718.504  Prospectus or offering circular.--Every

  4  developer of a residential condominium which contains more

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

  6  residential condominiums which will be served by property to

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

  8  units, shall prepare a prospectus or offering circular and

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

10  and Mobile Homes prior to entering into an enforceable

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

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

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

14  the prospectus or offering circular, each buyer shall be

15  furnished a separate page entitled "Frequently Asked Questions

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

17  approved by the division and a copy of the financial

18  information required by s. 718.111.  This page shall, in

19  readable language, inform prospective purchasers regarding

20  their voting rights and unit use restrictions, including

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

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

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

24  other commonly used facilities; shall contain a statement

25  identifying that amount of assessment which, pursuant to the

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

27  special assessments, and which shall further identify the

28  basis upon which assessments are levied, whether monthly,

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

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

31  in which the association may face liability in excess of

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  1  $100,000; and which shall further state whether membership in

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

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

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

  5  judgment will assist prospective purchasers. The prospectus or

  6  offering circular may include more than one condominium,

  7  although not all such units are being offered for sale as of

  8  the date of the prospectus or offering circular.  The

  9  prospectus or offering circular must contain the following

10  information:

11         (15)  If the condominium is or may become part of a

12  multicondominium development, the following information must

13  be provided:

14         (a)  A statement in conspicuous type in substantially

15  the following form:  THIS CONDOMINIUM IS (MAY BE) PART OF A

16  MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL

17  (MAY) BE OPERATED BY THE SAME ASSOCIATION. Immediately

18  following this statement, the location in the prospectus or

19  offering circular and its exhibits where the multicondominium

20  aspects of the offering are described must be stated.

21         (b)  A summary of the provisions in the declaration and

22  bylaws which establish and provide for the operation of the

23  multicondominium development, including a statement as to

24  whether unit owners in the condominium will have the right to

25  use recreational or other facilities located or planned to be

26  located in other condominiums operated by the same

27  association, and the manner of sharing the common expenses

28  related to such facilities.

29         (c)  A statement of the minimum and maximum number of

30  condominiums, and the minimum and maximum number of units in

31  each of those condominiums, which will or may be operated by

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  1  the association, and the latest date by which the exact

  2  numbers will be finally determined.

  3         (d)  A statement as to whether any of the condominiums

  4  may include units intended to be used for nonresidential

  5  purposes, and, if so, the purpose or purposes permitted for

  6  such use.

  7         (e)  A general description of the location and

  8  approximate acreage of any land on which any additional

  9  condominiums to be operated by the association may be located.

10         Section 15.  Paragraph (a) of subsection (2) of section

11  624.462, Florida Statutes, is amended to read:

12         624.462  Commercial self-insurance funds.--

13         (2)  As used in ss. 624.460-624.488, "commercial

14  self-insurance fund" or "fund" means a group of members,

15  operating individually and collectively through a trust or

16  corporation, that must be:

17         (a)  Established by:

18         1.  A not-for-profit trade association, industry

19  association, or professional association of employers or

20  professionals which has a constitution or bylaws, which is

21  incorporated under the laws of this state, and which has been

22  organized for purposes other than that of obtaining or

23  providing insurance and operated in good faith for a

24  continuous period of 1 year;

25         2.  A self-insurance trust fund organized pursuant to

26  s. 627.357 and maintained in good faith for a continuous

27  period of 1 year for purposes other than that of obtaining or

28  providing insurance pursuant to this section.  Each member of

29  a commercial self-insurance trust fund established pursuant to

30  this subsection must maintain membership in the self-insurance

31  trust fund organized pursuant to s. 627.357; or

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  1         3.  A not-for-profit group composed comprised of no

  2  fewer less than 10 condominium associations as defined in s.

  3  718.103(11) s. 718.103(2), which is incorporated under the

  4  laws of this state, which restricts its membership to

  5  condominium associations only, and which has been organized

  6  and maintained in good faith for a continuous period of 1 year

  7  for purposes other than that of obtaining or providing

  8  insurance.

  9         Section 16.  The Department of Business and

10  Professional Regulation shall prepare legislation for

11  consideration at the 2000 Regular Session of the Legislature

12  regarding master condominium associations.  Such legislation

13  may address the powers and duties of a master condominium

14  association; requirements regarding association meetings,

15  membership, voting, records, elections, documents, merger,

16  assessments, financial reporting, budget, and turnover; basic

17  rights and obligations of members and affected persons;

18  definitions; powers and duties as well as regulatory and

19  rulemaking responsibilities of the department; and such other

20  matters as the department deems necessary to address master

21  condominium association concerns.  Such draft legislation

22  shall be presented to the President of the Senate and the

23  Speaker of the House of Representatives on or before November

24  15, 1999.

25         Section 17.  This act shall take effect July 1, 1999.

26

27          STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
                       COMMITTEE SUBSTITUTE FOR
28                             SB 2274

29

30  Deletes all provisions relating to master associations.

31

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