Senate Bill 1286

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    Florida Senate - 2000                                  SB 1286

    By Senator Saunders





    25-342A-00                                              See HB

  1                      A bill to be entitled

  2         An act relating to condominium associations;

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

  4         definitions; providing an additional

  5         definition; amending s. 718.104, F.S.;

  6         providing additional requirements for a

  7         declaration of condominium; modifying time

  8         period for filing recorded documents; providing

  9         for determining the percentage share of

10         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 reporting;

23         authorizing certain financial statements in

24         lieu of reports; deleting requirements for

25         financial statements; revising certain

26         limitations on the commingling of funds

27         maintained in the name of a condominium

28         association or multicondominium; amending s.

29         718.112, F.S.; revising requirements for budget

30         meetings; requiring separate budgets for

31         condominiums and associations; providing

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




  1         conditions under which a multicondominium

  2         association may waive or reduce its funding of

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

  4         certain limitations on making material

  5         alterations or additions to multicondominiums;

  6         providing a procedure for approving an

  7         alteration or addition if not provided for in

  8         the bylaws; revising requirements for

  9         condominium boards with respect to installing

10         and maintaining hurricane shutters; specifying

11         expenses that constitute common expenses of a

12         multicondominium association; providing for an

13         association's bylaws to allow certain

14         educational expenses of the officers or

15         directors to be a permitted common expense;

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

17         determining the common surplus owned by a unit

18         owner of a multicondominium; amending s.

19         718.116, F.S.; revising circumstances under

20         which a developer may be excused from paying

21         certain common expenses and assessments;

22         providing for the developer's obligation for

23         such expenses with respect to a

24         multicondominium association; amending s.

25         718.117, F.S.; providing that certain

26         requirements governing the termination of a

27         condominium are inapplicable to the merger of a

28         condominium with one or more other

29         condominiums; amending s. 718.403, F.S.;

30         modifying time period for filing recorded

31         documents; creating s. 718.405, F.S.; providing

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




  1         for the creation of multicondominiums;

  2         providing requirements for the declaration of

  3         condominium; providing for the merger or

  4         consolidation of condominium associations;

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

  6         member's continued service until a replacement

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

  8         providing requirements for the prospectus or

  9         offering circular for a condominium that is or

10         may become part of a multicondominium; amending

11         s. 721.13, F.S.; conforming a cross-reference;

12         repealing s. 718.501(1)(j), F.S., relating to

13         uniform accounting principles, policies, and

14         standards required to be adopted by the

15         Division of Florida Land Sales, Condominiums,

16         and Mobile Homes of the Department of Business

17         and Professional Regulation; providing an

18         effective date.

19

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

21

22         Section 1.  Section 718.103, Florida Statutes, is

23  amended to read:

24         718.103  Definitions.--As used in this chapter, the

25  term:

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

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

28  to time is assessed against the unit owner.

29         (2)  "Association" means, in addition to any entity

30  those entities responsible for the operation of common

31  elements owned in undivided shares by unit owners, any entity

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




  1  which operates or maintains other real property in which

  2  condominium unit owners have use rights, where unit owner

  3  membership in the entity is composed exclusively of

  4  condominium unit owners or their elected or appointed

  5  representatives, and where membership in the entity is a

  6  required condition of unit ownership.

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

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

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

10  its members.

11         (4)  "Board of administration" or "board" means the

12  board of directors or other representative body which is

13  responsible for administration of the association.

14         (5)  "Buyer" means a person who purchases a condominium

15  unit. The term "purchaser" may be used interchangeably with

16  the term "buyer."

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

18  they are amended exist from time to time.

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

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

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

22  board regarding the proposed annual association budget or to

23  take action on behalf of the board.

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

25  condominium property which are not included in the units.

26         (9)  "Common expenses" means all expenses and

27  assessments which are properly incurred by the association in

28  the performance of its duties, including expenses specified in

29  s. 718.115 for the condominium.

30         (10)  "Common surplus" means the amount excess of all

31  receipts or revenues, of the association collected on behalf

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




  1  of a condominium (including, but not limited to, assessments,

  2  rents, or profits, collected by a condominium association

  3  which exceeds, and revenues on account of the common elements)

  4  over the common expenses.

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

  6  real property which is created pursuant to the provisions of

  7  this chapter, which is comprised entirely of units that may be

  8  owned by one or more persons, and in which there is,

  9  appurtenant to each unit, an undivided share in common

10  elements.

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

12  the undivided share in the common elements which is

13  appurtenant to the unit.

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

15  leaseholds, and personal property that are subjected to

16  condominium ownership, whether or not contiguous, and all

17  improvements thereon and all easements and rights appurtenant

18  thereto intended for use in connection with the condominium.

19         (14)  "Conspicuous type" means bold type in capital

20  letters no smaller than the largest type, exclusive of

21  headings, on the page on which it appears and, in all cases,

22  at least 10-point type.  Where conspicuous type is required,

23  it must be separated on all sides from other type and print.

24  Conspicuous type may be used in a contract contracts for

25  purchase and sale of a unit, a lease of a unit for more than 5

26  years, or a prospectus or offering circular public offering

27  statements only where required by law.

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

29  means the instrument or instruments by which a condominium is

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

31

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




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

  2  condominium or offers condominium parcels for sale or lease in

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

  4  or lessee of a condominium or cooperative unit who has

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

  6  include a cooperative association which creates a condominium

  7  by conversion of an existing residential cooperative after

  8  control of the association has been transferred to the unit

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

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

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

12  of the plan of conversion.

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

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

15  Business and Professional Regulation.

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

17  declaration as hereinafter provided, the surface of a legally

18  described parcel of real property and includes, unless

19  otherwise specified in the declaration and whether separate

20  from or including such surface, airspace lying above and

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

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

23  any portion of the airspace or subterranean space between two

24  legally identifiable elevations and may exclude the surface of

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

26  foregoing, whether or not contiguous.

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

28  elements which are reserved for the use of a certain

29  condominium unit or units to the exclusion of all other units,

30  as specified in the declaration of condominium.

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




  1         (20)  "Multicondominium" means a real estate

  2  development containing two or more condominiums all of which

  3  are operated by the same association.

  4         (21)(20)  "Operation" or "operation of the condominium"

  5  includes the administration and management of the condominium

  6  property.

  7         (22)(21)  "Rental agreement" means any written

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

  9  providing for use and occupancy of premises.

10         (23)(22)  "Residential condominium" means a condominium

11  consisting of two or more condominium units, any of which are

12  intended for use as a private temporary or permanent

13  residence, except that a condominium is not a residential

14  condominium if the use for which the units are intended is

15  primarily commercial or industrial and not more than three

16  units are intended to be used for private residence, and are

17  intended to be used as housing for maintenance, managerial,

18  janitorial, or other operational staff of the condominium.

19  With respect to a condominium that is not a timeshare

20  condominium, a residential unit includes a unit intended as a

21  private temporary or permanent residence as well as a unit not

22  intended for commercial or industrial use. With respect to a

23  timeshare condominium, the timeshare instrument as defined in

24  s. 721.05(30) shall govern the intended use of each unit in

25  the condominium. If a condominium is a residential condominium

26  but contains units intended to be used for commercial or

27  industrial purposes, then, with respect to those units which

28  are not intended for or used as private residences, the

29  condominium is not a residential condominium.  A condominium

30  which contains both commercial and residential units is a

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




  1  mixed-use condominium and is subject to the requirements of s.

  2  718.404.

  3         (24)(23)  "Special assessment" means any assessment

  4  levied against a unit owner owners other than the assessment

  5  required by a budget adopted annually.

  6         (25)(24)  "Timeshare estate" means any interest in a

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

  8  occupancy of the unit circulates among the various purchasers

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

10  basis for a period of time.

11         (26)(25)  "Timeshare unit" means a unit in which

12  timeshare estates have been created.

13         (27)(26)  "Unit" means a part of the condominium

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

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

16  as specified in the declaration.

17         (28)(27)  "Unit owner" or "owner of a unit" means a

18  record owner of legal title to a condominium parcel.

19         (29)(28)  "Voting certificate" means a document which

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

21  partnership, or entity representative, who is authorized to

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

23  than one owner or by any entity.

24         (30)(29)  "Voting interests interest" means the voting

25  rights distributed to the association members pursuant to s.

26  718.104(4)(i). In a multicondominium association, the voting

27  interests of the association are the voting rights distributed

28  to the unit owners in all condominiums operated by the

29  association.  On matters related to a specific condominium in

30  a multicondominium association, the voting interests of the

31

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




  1  condominium are the voting rights distributed to the unit

  2  owners in that condominium.

  3         Section 2.  Subsection (2) and paragraphs (f) and (g)

  4  of subsection (4) of section 718.104, Florida Statutes, are

  5  amended, and paragraph (h) is added to subsection (4), to

  6  read:

  7         718.104  Creation of condominiums; contents of

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

  9  created pursuant to this chapter.

10         (2)  A condominium is created by recording a

11  declaration in the public records of the county where the land

12  is located, executed and acknowledged with the requirements

13  for a deed.  All persons who have record title to the interest

14  in the land being submitted to condominium ownership, or their

15  lawfully authorized agents, must join in the execution of the

16  declaration. Upon the recording of the declaration, or an

17  amendment adding a phase to the condominium under s.

18  718.403(6), all units described in the declaration or phase

19  amendment as being located in or on the land then being

20  submitted to condominium ownership shall come into existence,

21  regardless of the state of completion of planned improvements

22  in which the units may be located. Upon recording the

23  declaration of condominium pursuant to this section, the

24  developer shall file the recording information with the

25  division within 120 calendar 30 business days on a form

26  prescribed by the division.

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

28  following matters:

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

30  elements and common surplus of the condominium that is

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

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




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

  2  equal the whole.  In the declaration of condominium for

  3  residential condominiums created after April 1, 1992, the

  4  ownership share of the common elements assigned to each

  5  residential unit shall be based either upon the total square

  6  footage of each residential unit in uniform relationship to

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

  8  condominium or on an equal fractional basis.

  9         (g)  The percentage or fractional shares of liability

10  for proportions or percentages of and manner of sharing common

11  expenses of the condominium and owning common surplus, which,

12  for all a residential units condominium, must be the same as

13  the undivided shares of ownership of in the common elements

14  and common surplus appurtenant to each unit as provided for in

15  paragraph (f).

16         (h)  If a developer reserves the right, in a

17  declaration recorded on or after July 1, 2000, to create a

18  multicondominium, the declaration must state, or provide a

19  specific formula for determining, the fractional or percentage

20  shares of liability for the common expenses of the association

21  and of ownership of the common surplus of the association to

22  be allocated to the units in each condominium to be operated

23  by the association.  If the declaration as originally recorded

24  fails to so provide, the share of liability for the common

25  expenses of the association and of ownership of the common

26  surplus of the association allocated to each unit in each

27  condominium operated by the association shall be a fraction of

28  the whole, the numerator of which is the number "one" and the

29  denominator of which is the total number of units in all

30  condominiums operated by the association.

31

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




  1         Section 3.  Subsection (2) of section 718.106, Florida

  2  Statutes, is amended to read:

  3         718.106  Condominium parcels; appurtenances; possession

  4  and enjoyment.--

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

  6  thereto:

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

  8  common surplus.

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

10  common elements as may be provided by the declaration,

11  including the right to transfer such right to other units or

12  unit owners to the extent authorized by the declaration as

13  originally recorded, or amendments to the declaration adopted

14  under s. 718.110(2).

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

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

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

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

19  terminated automatically.

20         (d)  Membership in the association designated in the

21  declaration, with the full voting rights appertaining thereto.

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

23  declaration.

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

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

26  that section, to read:

27         718.110  Amendment of declaration; correction of error

28  or omission in declaration by circuit court.--

29         (4)  Unless otherwise provided in the declaration as

30  originally recorded, no amendment may change the configuration

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

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




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

  2  change the proportion or percentage by which the unit owner of

  3  the parcel shares the common expenses of the condominium and

  4  owns the common surplus of the condominium unless the record

  5  owner of the unit and all record owners of liens on the unit

  6  it join in the execution of the amendment and unless all the

  7  record owners of all other units in the same condominium

  8  approve the amendment.  The acquisition of property by the

  9  association, and material alterations or substantial additions

10  to such property or the common elements by the association in

11  accordance with s. 718.111(7) or s. 718.113, shall not be

12  deemed to constitute a material alteration or modification of

13  the appurtenances to the units.  A declaration recorded after

14  April 1, 1992, may not require the approval of less than a

15  majority of total voting interests of the condominium for

16  amendments under this subsection, unless otherwise required by

17  a any governmental entity.

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

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

20  establish the condominium, the association may correct the

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

22  other document required to create a condominium in the manner

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

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

25  interests of the condominium.  The amendment is effective when

26  passed and approved and a certificate of the amendment is

27  executed and recorded as provided in subsections (2) and (3)

28  s. 718.104.  This procedure for amendment cannot be used if

29  such an amendment would materially or adversely affect

30  property rights of unit owners, unless the affected unit

31  owners consent in writing. This subsection does not restrict

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




  1  the powers of the association to otherwise amend the

  2  declaration, or other documentation, but authorizes a simple

  3  process of amendment requiring a lesser vote for the purpose

  4  of curing defects, errors, or omissions when the property

  5  rights of unit owners are not materially or adversely

  6  affected.

  7         (12)(a)  With respect to an existing multicondominium

  8  association, any amendment to change the fractional or

  9  percentage share of liability for the common expenses of the

10  association and ownership of the common surplus of the

11  association must be approved by at least a majority of the

12  total voting interests of each condominium operated by the

13  association unless the declarations of all condominiums

14  operated by the association uniformly require approval by a

15  greater percentage of the voting interests of each

16  condominium.

17         (b)  Unless approval by a greater percentage of the

18  voting interests of an existing multicondominium association

19  is expressly required in the declaration of an existing

20  condominium, the declaration may be amended upon approval of

21  at least a majority of the total voting interests of each

22  condominium operated by the multicondominium association for

23  the purpose of:

24         1.  Setting forth in the declaration the formula

25  currently utilized, but not previously stated in the

26  declaration, for determining the percentage or fractional

27  shares of liability for the common expenses of the

28  multicondominium association and ownership of the common

29  surplus of the multicondominium association.

30         2.  Providing for the creation or enlargement of a

31  multicondominium association by the merger or consolidation of

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    Florida Senate - 2000                                  SB 1286
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  1  two or more associations and changing the name of the

  2  association, as appropriate.

  3         Section 5.  Paragraphs (a) and (c) of subsection (12)

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

  5  Florida Statutes, are amended to read:

  6         718.111  The association.--

  7         (12)  OFFICIAL RECORDS.--

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

  9  association shall maintain each of the following items, when

10  applicable, which shall constitute the official records of the

11  association:

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

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

14         2.  A photocopy of the recorded declaration of

15  condominium of each condominium operated by the association

16  and of each amendment to each declaration.

17         3.  A photocopy of the recorded bylaws of the

18  association and of each amendment to the bylaws.

19         4.  A certified copy of the articles of incorporation

20  of the association, or other documents creating the

21  association, and of each amendment thereto.

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

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

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

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

26  not less than 7 years.

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

28  mailing addresses, unit identifications, voting

29  certifications, and, if known, telephone numbers.

30         8.  All current insurance policies of the association

31  and condominiums operated by the association.

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

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

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

  4  responsibility.

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

  6  by the association.

  7         11.  Accounting records for the association and

  8  separate accounting records for each condominium which the

  9  association operates, according to good accounting practices.

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

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

12  are not limited to:

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

14  receipts and expenditures.

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

16  quarterly statement of the account for each unit designating

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

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

19  due.

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

21  financial reports of the association or condominium.

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

23  work to be performed shall also be considered official records

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

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

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

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

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

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

30  as agent for the rental of condominium units.

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    25-342A-00                                              See HB




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

  2  described by s. 718.504.

  3         15.  All other records of the association not

  4  specifically included in the foregoing which are related to

  5  the operation of the association.

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

  7  to inspection by any association member or the authorized

  8  representative of such member at all reasonable times.  The

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

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

11  association member.  The association may adopt reasonable

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

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

14  association to provide the records within 10 working days

15  after receipt of a written request shall create a rebuttable

16  presumption that the association willfully failed to comply

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

18  official records is entitled to the actual damages or minimum

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

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

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

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

23  to permit inspection of the association records as provided

24  herein entitles any person prevailing in an enforcement action

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

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

27  denied access to the records for inspection.  The association

28  shall maintain an adequate number of copies of the

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

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

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

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




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

  2  condominium property to ensure their availability to unit

  3  owners and prospective purchasers, and may charge its actual

  4  costs for preparing and furnishing these documents to those

  5  requesting the same. Notwithstanding the provisions of this

  6  paragraph, the following records shall not be accessible to

  7  unit owners:

  8         1.  Any record protected by the lawyer-client privilege

  9  as described in s. 90.502, and any record protected by the

10  work-product privilege including any A record which was

11  prepared by an association attorney or prepared at the

12  attorney's express direction, which reflects a mental

13  impression, conclusion, litigation strategy, or legal theory

14  of the attorney or the association, and which was prepared

15  exclusively for civil or criminal litigation or for

16  adversarial administrative proceedings, or which was prepared

17  in anticipation of imminent civil or criminal litigation or

18  imminent adversarial administrative proceedings until the

19  conclusion of the litigation or adversarial administrative

20  proceedings.

21         2.  Information obtained by an association in

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

23  transfer of a unit.

24         3.  Medical records of unit owners.

25         (13)  FINANCIAL REPORTING REPORTS.--Within 90 days

26  after the end of the fiscal year, or annually on a date

27  provided in the bylaws, the association shall prepare and

28  complete, or cause to be prepared and completed by a third

29  party, a financial report for the preceding fiscal year.

30  Within 21 days after the financial report is completed or

31  received by the association from the third party, the

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




  1  association shall mail to each unit owner at the address last

  2  furnished to the association by the unit owner, or hand

  3  deliver to each unit owner, a copy of the financial report or

  4  a notice that a copy of the financial report will be mailed or

  5  hand delivered to the unit owner, without charge, upon receipt

  6  of a written request from the unit owner.  The division shall

  7  adopt rules setting forth uniform accounting principles and

  8  standards to be used by all associations and shall adopt rules

  9  addressing financial reporting requirements for

10  multicondominium associations.  In adopting such rules, the

11  division shall consider the number of members and annual

12  revenues of an association.  Financial reports shall be

13  prepared as follows:

14         (a)  An association that meets the criteria of this

15  paragraph shall prepare or cause to be prepared a complete set

16  of financial statements in accordance with generally accepted

17  accounting principles.  The financial statements shall be

18  based upon the association's total annual revenues, as

19  follows:

20         1.  An association with total annual revenues of

21  $100,000 or more, but less than $200,000, shall prepare

22  compiled financial statements.

23         2.  An association with total annual revenues of at

24  least $200,000, but less than $400,000, shall prepare reviewed

25  financial statements.

26         3.  An association with total annual revenues of

27  $400,000 or more shall prepare audited financial statements.

28         (b)1.  An association with total annual revenues of

29  less than $100,000 shall prepare a report of cash receipts and

30  expenditures.

31

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




  1         2.  An association which operates less than 50 units,

  2  regardless of the association's annual revenues, shall prepare

  3  a report of cash receipts and expenditures in lieu of

  4  financial statements required by paragraph (a).

  5         3.  A report of cash receipts and disbursements must

  6  disclose the amount of receipts by accounts and receipt

  7  classifications and the amount of expenses by accounts and

  8  expense classifications, including, but not limited to, the

  9  following, as applicable: costs for security, professional and

10  management fees and expenses, taxes, costs for recreation

11  facilities, expenses for refuse collection and utility

12  services, expenses for lawn care, costs for building

13  maintenance and repair, insurance costs, administration and

14  salary expenses, and reserves accumulated and expended for

15  capital expenditures, deferred maintenance, and any other

16  category for which the association maintains reserves.

17         (c)  An association may prepare or cause to be

18  prepared, without a meeting of or approval by the unit owners:

19         1.  Compiled, reviewed, or audited financial

20  statements, if the association is required to prepare a report

21  of cash receipts and expenditures;

22         2.  Reviewed or audited financial statements, if the

23  association is required to prepare compiled financial

24  statements; or

25         3.  Audited financial statements if the association is

26  required to prepare reviewed financial statements.

27         (d)  If approved by a majority of the voting interests

28  present at a properly called meeting of the association, an

29  association may prepare or cause to be prepared:

30         1.  A report of cash receipts and expenditures in lieu

31  of a compiled, reviewed, or audited financial statement;

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




  1         2.  A report of cash receipts and expenditures or a

  2  compiled financial statement in lieu of a reviewed or audited

  3  financial statement; or

  4         3.  A report of cash receipts and expenditures, a

  5  compiled financial statement, or a reviewed financial

  6  statement in lieu of an audited financial statement.

  7

  8  Such meeting and approval must occur prior to the end of the

  9  fiscal year and is effective only for the fiscal year in which

10  the vote is taken.  With respect to an association to which

11  the developer has not turned over control of the association,

12  all unit owners, including the developer, may vote on issues

13  related to the preparation of financial reports for the first

14  2 fiscal years of the association's operation, beginning with

15  the fiscal year in which the declaration is recorded.

16  Thereafter, all unit owners except the developer may vote on

17  such issues until control is turned over to the association by

18  the developer. Within 60 days following the end of the fiscal

19  or calendar year or annually on such date as is otherwise

20  provided in the bylaws of the association, the board of

21  administration of the association shall mail or furnish by

22  personal delivery to each unit owner a complete financial

23  report of actual receipts and expenditures for the previous 12

24  months, or a complete set of financial statements for the

25  preceding fiscal year prepared in accordance with generally

26  accepted accounting principles. The report shall show the

27  amounts of receipts by accounts and receipt classifications

28  and shall show the amounts of expenses by accounts and expense

29  classifications, including, if applicable, but not limited to,

30  the following:

31         (a)  Costs for security;

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




  1         (b)  Professional and management fees and expenses;

  2         (c)  Taxes;

  3         (d)  Costs for recreation facilities;

  4         (e)  Expenses for refuse collection and utility

  5  services;

  6         (f)  Expenses for lawn care;

  7         (g)  Costs for building maintenance and repair;

  8         (h)  Insurance costs;

  9         (i)  Administrative and salary expenses; and

10         (j)  Reserves for capital expenditures, deferred

11  maintenance, and any other category for which the association

12  maintains a reserve account or accounts.

13         (14)  The division shall adopt rules which may require

14  that the association deliver to the unit owners, in lieu of

15  the financial report required by subsection (13), a complete

16  set of financial statements for the preceding fiscal year.

17  The financial statements shall be delivered within 90 days

18  following the end of the previous fiscal year or annually on

19  such other date as provided by the bylaws. The rules of the

20  division may require that the financial statements be

21  compiled, reviewed, or audited, and the rules shall take into

22  consideration the criteria set forth in s. 718.501(1)(j). The

23  requirement to have the financial statements compiled,

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

25  majority of the voting interests of the association present at

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

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

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

29  the developer may vote to waive the audit requirement for the

30  first 2 years of the operation of the association, after which

31  time waiver of an applicable audit requirement shall be by a

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




  1  majority of voting interests other than the developer.  The

  2  meeting shall be held prior to the end of the fiscal year, and

  3  the waiver shall be effective for only 1 fiscal year.  This

  4  subsection does not apply to a condominium which consists of

  5  50 or fewer units.

  6         (14)(15)  COMMINGLING.--All funds collected by an

  7  association shall be maintained separately in the

  8  association's name.  For investment purposes only, reserve

  9  funds may be commingled with operating funds of the

10  association.  Commingled operating and reserve funds shall be

11  accounted for separately and a commingled account shall not,

12  at any time, be less than the amount identified as reserve

13  funds.  This subsection does not prohibit a multicondominium

14  association from commingling the operating funds of separate

15  condominiums or the reserve funds of separate condominiums.

16  Furthermore, for investment purposes only, a multicondominium

17  association may commingle the operating funds of separate

18  condominiums with the reserve funds of separate condominiums.

19  A manager or business entity required to be licensed or

20  registered under s. 468.432, or an agent, employee, officer,

21  or director of an association, shall not commingle any

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

23  any other condominium association or the funds of a community

24  association as defined in s. 468.431. All funds shall be

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

26  operating funds of the association shall not be commingled

27  unless combined for investment purposes. This subsection is

28  not meant to prohibit prudent investment of association funds

29  even if combined with operating or other reserve funds of the

30  same association, but such funds must be accounted for

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

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




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

  2  the combined account. No manager or business entity required

  3  to be licensed or registered under s. 468.432, and no agent,

  4  employee, officer, or director of a condominium association

  5  shall commingle any association funds with his or her funds or

  6  with the funds of any other condominium association or

  7  community association as defined in s. 468.431.

  8         Section 6.  Paragraphs (d), (e), and (f) of subsection

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

10         718.112  Bylaws.--

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

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

13  include the following:

14         (d)  Unit owner meetings.--

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

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

17  board of administration caused by the expiration of a

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

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

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

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

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

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

24  administration shall expire upon the election of their

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

26  be a candidate for board membership shall comply with

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

28  a person must meet the requirements set forth in the

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

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

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

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




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

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

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

  4  is ineligible for board membership due to having been

  5  convicted of a felony.

  6         2.  The bylaws shall provide the method of calling

  7  meetings of unit owners, including annual meetings. Written

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

  9  or hand delivered to each unit owner at least 14 days prior to

10  the annual meeting and shall be posted in a conspicuous place

11  on the condominium property at least 14 continuous days

12  preceding the annual meeting. Upon notice to the unit owners,

13  the board shall by duly adopted rule designate a specific

14  location on the condominium property or association property

15  upon which all notices of unit owner meetings shall be posted;

16  however, if there is no condominium property or association

17  property upon which notices can be posted, this requirement

18  does not apply. Unless a unit owner waives in writing the

19  right to receive notice of the annual meeting by mail, such

20  the notice of the annual meeting shall be hand delivered or

21  mailed sent by mail to each unit owner. Notice for meetings

22  and notice for all other purposes shall be mailed to each unit

23  owner at the address last furnished to the association by the

24  unit owner, or hand delivered to each unit owner. However, if

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

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

27  that one address which the developer initially identifies for

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

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

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

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

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




  1  association, or the manager or other person providing notice

  2  of the association meeting, shall provide an affidavit or

  3  United States Postal Service certificate of mailing, to be

  4  included in the official records of the association affirming

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

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

  7  furnished to the association.

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

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

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

11  either in general elections or elections to fill vacancies

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

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

14  scheduled election, the association shall mail or deliver,

15  whether by separate association mailing or included in another

16  association mailing or delivery including regularly published

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

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

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

20  administration must give written notice to the association not

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

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

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

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

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

26  a candidate, the association shall include an information

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

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

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

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

31  the association. However, The association is not liable has no

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




  1  liability for the contents of the information sheets prepared

  2  by the candidates.  In order to reduce costs, the association

  3  may print or duplicate the information sheets on both sides of

  4  the paper. The division shall by rule establish voting

  5  procedures consistent with the provisions contained herein,

  6  including rules providing for the secrecy of ballots.

  7  Elections shall be decided by a plurality of those ballots

  8  cast. There shall be no quorum requirement; however, at least

  9  20 percent of the eligible voters must cast a ballot in order

10  to have a valid election of members of the board of

11  administration. No unit owner shall permit any other person to

12  vote his or her ballot, and any such ballots improperly cast

13  shall be deemed invalid, provided any unit owner who violates

14  this provision may be fined by the association in accordance

15  with s. 718.303. A unit owner who needs assistance in casting

16  the ballot for the reasons stated in s. 101.051 may obtain

17  assistance in casting the ballot. Any unit owner violating

18  this provision may be fined by the association in accordance

19  with s. 718.303. The regular election shall occur on the date

20  of the annual meeting. The provisions of this subparagraph

21  shall not apply to timeshare condominium associations.

22  Notwithstanding the provisions of this subparagraph, an

23  election is and balloting are not required unless more

24  candidates file notices of intent to run or are nominated than

25  board vacancies exist on the board.

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

27  chapter or the applicable declaration or bylaws, including,

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

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

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

31  applicable condominium documents relating to unit owner

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




  1  decisionmaking, except that unit owners may take action by

  2  written agreement, without meetings, on matters for which

  3  action by written agreement without meetings is expressly

  4  allowed by the applicable bylaws or declaration or any statute

  5  that provides for such action.

  6         5.  Unit owners may waive notice of specific meetings

  7  if allowed by the applicable bylaws or declaration or any

  8  statute.

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

10  meetings of unit owners with reference to all designated

11  agenda items. However, the association may adopt reasonable

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

13  owner participation.

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

15  meeting of the unit owners subject to reasonable rules adopted

16  by the division.

17         8.  Unless otherwise provided in the bylaws, any

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

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

20  remaining directors, even if the remaining directors

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

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

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

24  conform to the requirements of subparagraph 3. unless the

25  association has opted out of the statutory election process,

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

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

28  elected under this section shall fill the vacancy for the

29  unexpired term of the seat being filled. Filling vacancies

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

31  adopted by the division.

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




  1

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

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

  4  interests, provide for different voting and election

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

  6  specifically delineating the different voting and election

  7  procedures. The different voting and election procedures may

  8  provide for elections to be conducted by limited or general

  9  proxy.

10         (e)  Budget meeting.--

11         1.  Any meeting at which a proposed annual budget of an

12  association will be considered by the board or unit owners

13  shall be open to all unit owners. At least 14 days prior to

14  such a meeting, the board shall hand deliver to each unit

15  owner, or mail to each unit owner at the address last

16  furnished to the association by the unit owner, a notice of

17  such meeting and a copy of the proposed annual budget. An

18  officer or manager of the association, or other person

19  providing notice of such meeting, shall execute an affidavit

20  evidencing compliance with such notice requirement and such

21  affidavit shall be filed among the official records of the

22  association.

23         2.a.  If a board adopts in any fiscal year an annual

24  budget which requires assessments against unit owners which

25  exceed 115 percent of assessments for the preceding fiscal

26  year, the board shall conduct a special meeting of the unit

27  owners to consider a substitute budget if the board receives,

28  within 21 days after adoption of the annual budget, a written

29  request for a special meeting from at least 10 percent of all

30  voting interests.  The special meeting shall be conducted

31  within 60 days after adoption of the annual budget.  At least

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




  1  14 days prior to such special meeting, the board shall hand

  2  deliver to each unit owner, or mail to each unit owner at the

  3  address last furnished to the association, a notice of the

  4  meeting. An officer or manager of the association, or other

  5  person providing notice of such meeting shall execute an

  6  affidavit evidencing compliance with this notice requirement

  7  and such affidavit shall be filed among the official records

  8  of the association.  Unit owners may consider and adopt a

  9  substitute budget at the special meeting. A substitute budget

10  is adopted if approved by a majority of all voting interests

11  unless the bylaws require adoption by a greater percentage of

12  voting interests.  If there is not a quorum at the special

13  meeting or a substitute budget is not adopted, the annual

14  budget previously adopted by the board shall take effect as

15  scheduled.

16         b.  Any determination of whether assessments exceed 115

17  percent of assessments for the prior fiscal year shall exclude

18  any authorized provision for reasonable reserves for repair or

19  replacement of the condominium property, anticipated expenses

20  of the association which the board does not expect to be

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

22  betterments to the condominium property.

23         c.  If the developer controls the board, assessments

24  shall not exceed 115 percent of assessments for the prior

25  fiscal year unless approved by a majority of all voting

26  interests. The board of administration shall hand deliver to

27  each unit owner, or mail to each unit owner at the address

28  last furnished to the association, a meeting notice and copies

29  of the proposed annual budget of common expenses not less than

30  14 days prior to the meeting of the unit owners or the board

31  of administration at which the budget will be considered.

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




  1  Evidence of compliance with this 14-day notice must be made by

  2  an affidavit executed by an officer of the association or the

  3  manager or other person providing notice of the meeting and

  4  filed among the official records of the association.  The

  5  meeting must be open to the unit owners.  If an adopted budget

  6  requires assessments against the unit owners in any fiscal or

  7  calendar year which exceed 115 percent of the assessments for

  8  the preceding year, the board, upon written application of 10

  9  percent of the voting interests to the board, shall call a

10  special meeting of the unit owners within 30 days upon not

11  less than 10 days' written notice to each unit owner.  At the

12  special meeting, unit owners shall consider and enact a

13  budget.  Unless the bylaws require a larger vote, the adoption

14  of the budget requires a vote of not less than a majority vote

15  of all the voting interests. The board of administration may

16  propose a budget to the unit owners at a meeting of members or

17  in writing, and if the budget or proposed budget is approved

18  by the unit owners at the meeting or by a majority of all the

19  voting interests in writing, the budget is adopted. If a

20  meeting of the unit owners has been called and a quorum is not

21  attained or a substitute budget is not adopted by the unit

22  owners, the budget adopted by the board of directors goes into

23  effect as scheduled.  In determining whether assessments

24  exceed 115 percent of similar assessments in prior years, any

25  authorized provisions for reasonable reserves for repair or

26  replacement of the condominium property, anticipated expenses

27  by the condominium association which are not anticipated to be

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

29  betterments to the condominium property must be excluded from

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

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

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




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

  2  the prior fiscal or calendar year's assessment without

  3  approval of a majority of all the voting interests.

  4         (f)  Annual budget.--

  5         1.  The proposed annual budget of common expenses shall

  6  be detailed and shall show the amounts budgeted by accounts

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

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

  9  718.504(20). A multicondominium association shall adopt a

10  separate budget of common expenses for each condominium the

11  association operates and shall adopt a separate budget of

12  common expenses for the association. In addition, if the

13  association maintains limited common elements with the cost to

14  be shared only by those entitled to use the limited common

15  elements as provided for in s. 718.113(1), the budget or a

16  schedule attached thereto shall show amounts budgeted

17  therefor. If, after turnover of control of the association to

18  the unit owners, any of the expenses listed in s. 718.504(21)

19  s. 718.504(20) are not applicable, they need not be listed.

20         2.  In addition to annual operating expenses, the

21  budget shall include reserve accounts for capital expenditures

22  and deferred maintenance. These accounts shall include, but

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

24  pavement resurfacing, regardless of the amount of deferred

25  maintenance expense or replacement cost, and for any other

26  item for which the deferred maintenance expense or replacement

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

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

29  remaining useful life and estimated replacement cost or

30  deferred maintenance expense of each reserve item.  The

31  association may adjust replacement reserve assessments

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    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




  1  annually to take into account any changes in estimates or

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

  3  deferred maintenance. This subsection does not apply to an

  4  adopted budget budgets in which the members of an association

  5  have determined, by a majority vote at a duly called meeting

  6  of the association, and voting determined for a fiscal year to

  7  provide no reserves or less reserves less adequate than

  8  required by this subsection. However, prior to turnover of

  9  control of an association by a developer to unit owners other

10  than a developer pursuant to s. 718.301, the developer may

11  vote to waive the reserves or reduce the funding of reserves

12  for the first 2 fiscal years of the association's operation of

13  the association, beginning with the fiscal year in which the

14  initial declaration is recorded, after which time reserves may

15  be waived or reduced only upon the vote of a majority of all

16  nondeveloper voting interests voting in person or by limited

17  proxy at a duly called meeting of the association. If a

18  meeting of the unit owners has been called to determine

19  whether to waive or reduce the funding of to provide no

20  reserves or reserves less adequate than required, and no such

21  result is achieved not attained or a quorum is not attained,

22  the reserves as included in the budget shall go into effect.

23  After the turnover, the developer may vote its voting interest

24  to waive or reduce the funding of reserves.

25         3.  Reserve funds and any interest accruing thereon

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

27  used only for authorized reserve expenditures unless their use

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

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

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

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

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  1  developer-controlled association shall not vote to use

  2  reserves for purposes other than that for which they were

  3  intended without the approval of a majority of all

  4  nondeveloper voting interests, voting in person or by limited

  5  proxy at a duly called meeting of the association.

  6         4.  In a multicondominium association, the only voting

  7  interests which are eligible to vote on questions that involve

  8  waiving or reducing the funding of reserves, or using existing

  9  reserve funds for purposes other than purposes for which the

10  reserves were intended, are the voting interests of the units

11  subject to assessment to fund the reserves in question.

12         Section 7.  Subsection (2) of section 718.113, Florida

13  Statutes, is amended to read:

14         718.113  Maintenance; limitation upon improvement;

15  display of flag; hurricane shutters.--

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

17  there shall be no material alteration or substantial additions

18  to the common elements or to real property which is

19  association property, except in a manner provided in the

20  declaration.  If the declaration does not specify the

21  procedure for approval of material alterations or substantial

22  additions, 75 percent of the total voting interests of the

23  association must approve the alterations or additions.

24         (b)  There shall not be any material alteration of, or

25  substantial addition to, the common elements of any

26  condominium operated by a multicondominium association unless

27  approved in the manner provided in the declaration of the

28  affected condominium or condominiums. If a declaration does

29  not specify a procedure for approving such an alteration or

30  addition, the approval of 75 percent of the total voting

31  interests of each affected condominium is required. This

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  1  subsection does not prohibit a provision in any declaration,

  2  articles of incorporation, or bylaws requiring the approval of

  3  unit owners in any condominium operated by the same

  4  association or requiring board approval before a material

  5  alteration or substantial addition to the common elements is

  6  permitted.

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

  8  substantial addition made to association real property

  9  operated by a multicondominium association, except as provided

10  in the declaration, articles of incorporation, or bylaws. If

11  the declaration, articles of incorporation, or bylaws do not

12  specify the procedure for approving an alteration or addition

13  to association real property, the approval of 75 percent of

14  the total voting interests of the association is required.

15         Section 8.  Section 718.115, Florida Statutes, is

16  amended to read:

17         718.115  Common expenses and common surplus.--

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

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

20  the common elements and association property, costs of

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

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

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

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

25  expenses also include reasonable transportation services,

26  insurance for directors and officers, road maintenance and

27  operation expenses, in-house communications, and security

28  services, which are reasonably related to the general benefit

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

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

31  common expenses must either have been services or items

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  1  provided on or after from the date the control of the board of

  2  administration of the association is was transferred from the

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

  4  provided for in the condominium documents or bylaws.

  5         (b)  The common expenses of a condominium within a

  6  multicondominium are the common expenses directly attributable

  7  to the operation of that condominium. The common expenses of a

  8  multicondominium association do not include the common

  9  expenses directly attributable to the operation of any

10  specific condominium or condominiums within the

11  multicondominium.

12         (c)  The common expenses of a multicondominium

13  association may include categories of expenses related to the

14  property or common elements within a specific condominium in

15  the multicondominium if such property or common elements are

16  areas in which all members of the multicondominium association

17  have use rights or from which all members receive tangible

18  economic benefits. Such common expenses of the association

19  shall be identified in the declaration or bylaws of each

20  condominium within the multicondominium association.

21         (d)(b)  If so provided in the declaration, the cost of

22  a master antenna television system or duly franchised cable

23  television service obtained pursuant to a bulk contract shall

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

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

26  duly franchised cable television service obtained under a bulk

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

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

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

30  than a percentage basis if the declaration provides for other

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

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

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

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

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

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

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

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

  8  date hereof for a community antenna system or duly franchised

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

10  voting interests present at the next regular or special

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

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

13  motion fails to obtain the required majority at the next

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

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

16  ratified for the term therein expressed.

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

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

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

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

21  discontinue the service without incurring disconnect fees,

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

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

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

25  members of an association share the expenses of cable

26  television, the expense shall be shared equally by all

27  participating unit owners. The association may use the

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

29  such costs by the unit owners receiving cable television.

30         (e)(c)  The expense of installation, replacement,

31  operation, repair, and maintenance of hurricane shutters by

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

  2  expense as defined herein and shall be collected as provided

  3  in this section. Notwithstanding the provisions of s.

  4  718.116(9), a unit owner who has previously installed

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

  6  laminated glass architecturally designed to function as

  7  hurricane protection which complies with the applicable

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

  9  portion of the assessed installation cost assigned to each

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

11  the pro rata share of expenses for hurricane shutters

12  installed on common elements and association property by the

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

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

15  operation, repair, and maintenance of such shutters.

16         (f)(d)  If any unpaid share of common expenses or

17  assessments is extinguished by foreclosure of a superior lien

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

19  of common expenses or assessments are common expenses

20  collectible from all the unit owners in the condominium in

21  which the unit is located.

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

23  funds for the payment of the common expenses of a condominium

24  shall be collected by assessments against the units in that

25  condominium unit owners in the proportions or percentages

26  provided in that condominium's the declaration.  In a

27  residential condominium, or mixed-use condominium created

28  after January 1, 1996, each unit's share unit owners' shares

29  of the common expenses of the condominium and common surplus

30  of the condominium shall be the same as the unit's appurtenant

31

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  1  in the same proportions as their ownership interest in the

  2  common elements.

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

  4  shares as their ownership interest in the common elements.

  5         (4)(a)  Funds for payment of the common expenses of a

  6  condominium within a multicondominium shall be collected as

  7  provided in subsection (2).  Common expenses of a

  8  multicondominium association shall be funded by assessments

  9  against all unit owners in the association in the proportion

10  or percentage set forth in the declaration as required by s.

11  718.104(4)(h) or s. 718.110(12), as applicable.

12         (b)  In a multicondominium association, the total

13  common surplus owned by a unit owner consists of that owner's

14  share of the common surplus of the association plus that

15  owner's share of the common surplus of the condominium in

16  which the owner's unit is located, in the proportion or

17  percentage set forth in the declaration as required by s.

18  718.104(4)(h) or s. 718.110(12), as applicable.

19         Section 9.  Subsection (9) of section 718.116, Florida

20  Statutes, is amended to read:

21         (Substantial rewording of subsection.  See

22         s. 718.116(9), F.S., for present text.)

23         718.116  Assessments; liability; lien and priority;

24  interest; collection.--

25         (9)(a)  A unit owner may not be excused from payment of

26  the unit owner's share of common expenses unless all other

27  unit owners are likewise proportionately excluded from

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

29  following cases:

30         1.  If authorized by the declaration, a developer who

31  is offering units for sale may elect to be excused from

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  1  payment of assessments against those unsold units for a stated

  2  period of time after the declaration is recorded.  However,

  3  the developer must pay common expenses incurred during such

  4  period which exceed regular periodic assessments against other

  5  unit owners in the same condominium.  The stated period must

  6  terminate no later than the first day of the fourth calendar

  7  month following the month in which the first closing occurs of

  8  a purchase contract for a unit in that condominium.  If a

  9  developer-controlled association has maintained all insurance

10  coverage required by s. 718.111(11)(a), common expenses

11  incurred during the stated period resulting from a natural

12  disaster or an act of God occurring during the stated period,

13  which are not covered by proceeds from insurance maintained by

14  the association, may be assessed against all unit owners

15  owning units on the date of such natural disaster or act of

16  God, and their respective successors and assigns, including

17  the developer with respect to units owned by the developer. In

18  the event of such an assessment, all units shall be assessed

19  in accordance with s. 718.115(2).

20         2.  A developer who owns condominium units, and who is

21  offering the units for sale, may be excused from payment of

22  assessments against those unsold units for the period of time

23  the developer has guaranteed to all purchasers or other unit

24  owners in the same condominium that assessments will not

25  exceed a stated dollar amount and that the developer will pay

26  any common expenses that exceed the guaranteed amount. Such

27  guarantee may be stated in the purchase contract, declaration,

28  prospectus, or written agreement between the developer and a

29  majority of the unit owners other than the developer and may

30  provide that after the initial guarantee period, the developer

31  may extend the guarantee for one or more stated periods. If a

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  1  developer-controlled association has maintained all insurance

  2  coverage required by s. 718.111(11)(a), common expenses

  3  incurred during a guarantee period, as a result of a natural

  4  disaster or an act of God occurring during the same guarantee

  5  period, which are not covered by the proceeds from such

  6  insurance, may be assessed against all unit owners owning

  7  units on the date of such natural disaster or act of God, and

  8  their successors and assigns, including the developer with

  9  respect to units owned by the developer.  Any such assessment

10  shall be in accordance with s. 718.115(2) or (4), as

11  applicable.

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

13  or written agreement between the developer and a majority of

14  unit owners other than the developer, provides for the

15  developer to be excused from payment of assessments under

16  paragraph (a), only regular periodic assessments for common

17  expenses as provided for in the declaration and prospectus and

18  disclosed in the estimated operating budget shall be used for

19  payment of common expenses during any period in which the

20  developer is excused. Accordingly, no funds which are

21  receivable from unit purchasers or unit owners and payable to

22  the association, including capital contributions or startup

23  funds collected from unit purchasers at closing, may be used

24  for payment of such common expenses.

25         (c)  If a developer of a multicondominium is excused

26  from payment of assessments under paragraph (a), the

27  developer's financial obligation to the multicondominium

28  association during any period in which the developer is

29  excused from payment of assessments is as follows:

30         1.  The developer shall pay the common expenses of a

31  condominium affected by a guarantee, including the funding of

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  1  reserves as provided in the adopted annual budget of that

  2  condominium, which exceed the regular periodic assessments at

  3  the guaranteed level against all other unit owners within that

  4  condominium.

  5         2.  The developer shall pay the common expenses of a

  6  multicondominium association, including the funding of

  7  reserves as provided in the adopted annual budget of the

  8  association, which are allocated to units within a condominium

  9  affected by a guarantee and which exceed the regular periodic

10  assessments against all other unit owners within that

11  condominium.

12         Section 10.  Subsection (11) is added to section

13  718.117, Florida Statutes, to read:

14         718.117  Termination.--

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

16  a condominium incident to a merger of that condominium with

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

18         Section 11.  Subsection (8) of section 718.403, Florida

19  Statutes, is amended to read:

20         718.403  Phase condominiums.--

21         (8)  Upon recording the declaration of condominium or

22  amendments adding phases pursuant to this section, the

23  developer shall file the recording information with the

24  division within 120 Calendar 30 working days on a form

25  prescribed by the division.

26         Section 12.  Section 718.405, Florida Statutes, is

27  created to read:

28         718.405  Multicondominiums; multicondominium

29  associations.--

30         (1)  An association may operate more than one

31  condominium if the declaration for each condominium to be

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  1  operated by that association provides for participation in a

  2  multicondominium, in conformity with this section, and

  3  discloses or describes:

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

  5  liabilities, common surplus, and common expenses of the

  6  association will be apportioned among the units within the

  7  condominiums operated by the association, in accordance with

  8  s. 718.104(4)(g) or (h), as applicable.

  9         (b)  Whether unit owners in any other condominium, or

10  any other persons, will or may have the right to use

11  recreational areas or any other facilities or amenities that

12  are common elements of the condominium, and, if so, the

13  specific formula by which the other users will share the

14  common expenses related to those facilities or amenities.

15         (c)  Recreational and other commonly used facilities or

16  amenities which the developer has committed to provide that

17  will be owned, leased by, or dedicated by a recorded plat to

18  the association but which are not included within any

19  condominium operated by the association. The developer may

20  reserve the right to add additional facilities or amenities if

21  the declaration and prospectus for each condominium to be

22  operated by the association contains the following statement

23  in conspicuous type and in substantially the following form:

24  RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT

25  CONSENT OF UNIT OWNERS OR THE ASSOCIATION.

26         (d)  The voting rights of the unit owners in the

27  election of directors and in other multicondominium

28  association affairs when a vote of the owners is taken,

29  including, but not limited to, a statement as to whether each

30  unit owner will have a right to personally cast his or her own

31  vote in all matters voted upon.

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

  2  additional lands or facilities to a multicondominium

  3  association and the developer fails to do so within the time

  4  specified, or within a reasonable time if none is specified in

  5  the declaration, any unit owner or the association may enforce

  6  that obligation against the developer or bring an action

  7  against the developer for specific performance or for damages

  8  that result from the developer's failure or refusal to convey

  9  the additional lands or facilities.

10         (3)  The declaration for each condominium to be

11  operated by a multicondominium association may not, at the

12  time of the initial recording of the declaration, contain any

13  provision with respect to allocation of the association's

14  assets, liabilities, common surplus, or common expenses which

15  is inconsistent with this chapter or the provisions of a

16  declaration for any other condominium then being operated by

17  the multicondominium association.

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

19  formation of a multicondominium by the merger or consolidation

20  of two or more condominium associations. Mergers or

21  consolidations of associations shall be accomplished in

22  accordance with this chapter, the declarations of the

23  condominiums being merged or consolidated, and chapter 617.

24  Section 718.110(4) does not apply to amendments to

25  declarations necessary to effect a merger or consolidation.

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

27  Florida Statutes, is amended to read:

28         718.5019  Advisory council; membership; functions.--

29         (1)  There is created the Advisory Council on

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

31  shall be appointed by the Speaker of the House of

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  1  Representatives, two shall be appointed by the President of

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

  3  Governor. At least one member shall represent timeshare

  4  condominiums. Members shall be appointed to 2-year terms. Each

  5  member shall continue to serve until his or her replacement

  6  has been appointed. In addition to these appointed members,

  7  the director of the Division of Florida Land Sales,

  8  Condominiums, and Mobile Homes shall serve as an ex officio

  9  member of the council. It is the intent of the Legislature

10  that the appointments to this council be geographically

11  distributed across the state and represent a cross section of

12  persons interested in condominium issues and include

13  unit-owner and board representatives and a representative from

14  at least one association with less than 100 units. For

15  administrative purposes, the commission shall be located in

16  the Division of Florida Land Sales, Condominiums, and Mobile

17  Homes of the Department of Business and Professional

18  Regulation. Members of the council shall serve without

19  compensation, but shall be entitled to receive per diem and

20  travel expenses pursuant to s. 112.061 while on official

21  business.

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

23  section 718.504, Florida Statutes, are redesignated as

24  subsections (16) through (28), respectively, and a new

25  subsection (15) is added to that section, to read:

26         718.504  Prospectus or offering circular.--Every

27  developer of a residential condominium which contains more

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

29  residential condominiums which will be served by property to

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

31  units, shall prepare a prospectus or offering circular and

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

  2  and Mobile Homes prior to entering into an enforceable

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

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

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

  6  the prospectus or offering circular, each buyer shall be

  7  furnished a separate page entitled "Frequently Asked Questions

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

  9  approved by the division and a copy of the financial

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

11  readable language, inform prospective purchasers regarding

12  their voting rights and unit use restrictions, including

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

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

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

16  other commonly used facilities; shall contain a statement

17  identifying that amount of assessment which, pursuant to the

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

19  special assessments, and which shall further identify the

20  basis upon which assessments are levied, whether monthly,

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

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

23  in which the association may face liability in excess of

24  $100,000; and which shall further state whether membership in

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

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

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

28  judgment will assist prospective purchasers. The prospectus or

29  offering circular may include more than one condominium,

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

31  the date of the prospectus or offering circular.  The

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  1  prospectus or offering circular must contain the following

  2  information:

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

  4  multicondominium, the following information must be provided:

  5         (a)  A statement in conspicuous type in substantially

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

  7  MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL

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

  9  following this statement, the location in the prospectus or

10  offering circular and its exhibits where the multicondominium

11  aspects of the offering are described must be stated.

12         (b)  A summary of the provisions in the declaration,

13  articles of incorporation, and bylaws which establish and

14  provide for the operation of the multicondominium, including a

15  statement as to whether unit owners in the condominium will

16  have the right to use recreational or other facilities located

17  or planned to be located in other condominiums operated by the

18  same association, and the manner of sharing the common

19  expenses related to such facilities.

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

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

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

23  the association, and the latest date by which the exact number

24  will be finally determined.

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

26  in the multicondominium may include units intended to be used

27  for nonresidential purposes and the purpose or purposes

28  permitted for such use.

29         (e)  A general description of the location and

30  approximate acreage of any land on which any additional

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

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  1         Section 15.  Paragraph (e) of subsection (3) of section

  2  721.13, Florida Statutes, is amended to read:

  3         721.13  Management.--

  4         (3)  The duties of the managing entity include, but are

  5  not limited to:

  6         (e)  Arranging for an annual audit of the financial

  7  statements of the timeshare plan by a certified public

  8  accountant licensed by the Board of Accountancy of the

  9  Department of Business and Professional Regulation, in

10  accordance with generally accepted auditing standards as

11  defined by the rules of the Board of Accountancy of the

12  Department of Business and Professional Regulation. The

13  financial statements required by this section must be prepared

14  on an accrual basis using fund accounting, and must be

15  presented in accordance with generally accepted accounting

16  principles. A copy of the audited financial statements must be

17  filed with the division and forwarded to the board of

18  directors and officers of the owners' association, if one

19  exists, no later than 5 calendar months after the end of the

20  timeshare plan's fiscal year. If no owners' association

21  exists, each purchaser must be notified, no later than 5

22  months after the end of the timeshare plan's fiscal year, that

23  a copy of the audited financial statements is available upon

24  request to the managing entity. Notwithstanding any

25  requirement of s. 718.111(13) or (14), the audited financial

26  statements required by this section are the only annual

27  financial reporting requirements for timeshare condominiums.

28         Section 16.  Paragraph (j) of subsection (1) of section

29  718.501, Florida Statutes, is repealed.

30         Section 17.  This act shall take effect July 1, 2000.

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 2000                                  SB 1286
    25-342A-00                                              See HB




  1            *****************************************

  2                       LEGISLATIVE SUMMARY

  3
      Revises various provisions of part I of ch. 718, F.S.,
  4    relating to general provisions governing condominium
      associations. Authorizes the creation of
  5    multicondominiums and conforms various provisions to such
      authorization. Provides for determining the percentage
  6    share of liability for common expenses and ownership in a
      multicondominium. Provides certain limitations on making
  7    material alterations or additions to multicondominiums.
      Revises requirements for installing and maintaining
  8    hurricane shutters. Provides for determining the common
      surplus owned by a unit owner of a multicondominium.
  9    Provides for merging or consolidating certain condominium
      associations. (See bill for details.)
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