House Bill 1465e2

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                                         HB 1465, Second Engrossed



  1                      A bill to be entitled

  2         An act relating to condominium associations;

  3         amending s. 718.115, F.S.; authorizing

  4         condominium households receiving supplemental

  5         security income or food stamps to discontinue

  6         cable television service without fees,

  7         penalties, or service charges; amending s.

  8         718.103, F.S.; revising definitions; providing

  9         an additional definition; amending s. 718.104,

10         F.S.; changing from 30 business days to 120

11         calendar days the requirement to file recorded

12         documents; providing additional requirements

13         for a declaration of condominium; providing for

14         determining the percentage share of liability

15         for common expenses and ownership; amending s.

16         718.106, F.S.; providing for the right to

17         assign exclusive use; providing for the right

18         to seek election; amending s. 718.110, F.S.;

19         clarifying requirements for amending and

20         recording the declaration of condominium;

21         providing for determining the percentage share

22         of liability for common expenses and ownership

23         for purposes of condominiums comprising a

24         multicondominium development; amending s.

25         718.111, F.S.; clarifying an attorney-client

26         privilege; revising requirements for financial

27         reporting; authorizing certain financial

28         statements in lieu of reports; deleting

29         requirements for financial statements; revising

30         certain limitations on the commingling of funds

31         maintained in the name of a condominium


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                                         HB 1465, Second Engrossed



  1         association or multicondominium; amending s.

  2         718.112, F.S.; revising requirements for budget

  3         meetings; requiring separate budgets for

  4         condominiums and associations; providing

  5         conditions under which a multicondominium

  6         association may waive or reduce its funding of

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

  8         certain limitations on making material

  9         alterations or additions to multicondominiums;

10         providing a procedure for approving an

11         alteration or addition if not provided for in

12         the bylaws; revising requirements for

13         condominium boards with respect to installing

14         and maintaining hurricane shutters; specifying

15         expenses that constitute common expenses of a

16         multicondominium association; providing for an

17         association's bylaws to allow certain

18         educational expenses of the officers or

19         directors to be a permitted common expense;

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

21         determining the common surplus owned by a unit

22         owner of a multicondominium; amending s.

23         718.116, F.S.; revising circumstances under

24         which a developer may be excused from paying

25         certain common expenses and assessments;

26         providing for the developer's obligation for

27         such expenses with respect to a

28         multicondominium association; amending s.

29         718.117, F.S.; providing that certain

30         requirements governing the termination of a

31         condominium are inapplicable to the merger of a


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                                         HB 1465, Second Engrossed



  1         condominium with one or more other

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

  3         changing from 30 working days to 120 calendar

  4         days the requirement to file recorded

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

  6         for the creation of multicondominiums;

  7         providing requirements for the declaration of

  8         condominium; providing for the merger or

  9         consolidation of condominium associations;

10         repealing s. 718.5019, F.S.; relating to the

11         Advisory Council on Condominiums; amending s.

12         718.504, F.S.; providing requirements for the

13         prospectus or offering circular for a

14         condominium that is or may become part of a

15         multicondominium; amending s. 721.13, F.S.;

16         correcting a cross reference; repealing s.

17         718.501(1)(j), F.S., relating to uniform

18         accounting principles, policies, and standards

19         required to be adopted by the Division of

20         Florida Land Sales, Condominiums, and Mobile

21         Homes of the Department of Business and

22         Professional Regulation; providing an effective

23         date.

24

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

26

27         Section 1.  Paragraph (b) of subsection (1) of section

28  718.115, Florida Statutes, is amended to read:

29         718.115  Common expenses and common surplus.--

30         (1)

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                                         HB 1465, Second Engrossed



  1         (b)  If so provided in the declaration, the cost of a

  2  master antenna television system or duly franchised cable

  3  television service obtained pursuant to a bulk contract shall

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

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

  6  duly franchised cable television service obtained under a bulk

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

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

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

10  than a percentage basis if the declaration provides for other

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

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

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

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

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

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

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

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

19  date hereof for a community antenna system or duly franchised

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

21  voting interests present at the next regular or special

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

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

24  motion fails to obtain the required majority at the next

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

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

27  ratified for the term therein expressed.

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

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

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

31  unit with a non-hearing-impaired or sighted person, or any


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                                         HB 1465, Second Engrossed



  1  unit owner receiving supplemental security income under Title

  2  XVI of the Social Security Act or food stamps as administered

  3  by the Department of Children and Family Services pursuant to

  4  s. 414.31, may discontinue the service without incurring

  5  disconnect fees, penalties, or subsequent service charges, and

  6  as to such units, the owners shall not be required to pay any

  7  common expenses charge related to such service. If less than

  8  all members of an association share the expenses of cable

  9  television, the expense shall be shared equally by all

10  participating unit owners. The association may use the

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

12  such costs by the unit owners receiving cable television.

13         Section 2.  Section 718.103, Florida Statutes, is

14  amended to read:

15         718.103  Definitions.--As used in this chapter, the

16  term:

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

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

19  to time is assessed against the unit owner.

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

21  those entities responsible for the operation of common

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

23  which operates or maintains other real property in which

24  condominium unit owners have use rights, where unit owner

25  membership in the entity is composed exclusively of

26  condominium unit owners or their elected or appointed

27  representatives, and where membership in the entity is a

28  required condition of unit ownership.

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

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

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                                         HB 1465, Second Engrossed



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

  2  its members.

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

  4  board of directors or other representative body which is

  5  responsible for administration of the association.

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

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

  8  the term "buyer."

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

10  they are amended exist from time to time.

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

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

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

14  board regarding the proposed annual association budget or to

15  take action on behalf of the board.

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

17  condominium property which are not included in the units.

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

19  assessments which are properly incurred by the association in

20  the performance of its duties, including expenses specified in

21  s. 718.115 for the condominium.

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

23  receipts or revenues, of the association collected on behalf

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

25  rents, or profits, collected by a condominium association

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

27  over the common expenses.

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

29  real property which is created pursuant to the provisions of

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

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


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                                         HB 1465, Second Engrossed



  1  appurtenant to each unit, an undivided share in common

  2  elements.

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

  4  the undivided share in the common elements which is

  5  appurtenant to the unit.

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

  7  leaseholds, and personal property that are subjected to

  8  condominium ownership, whether or not contiguous, and all

  9  improvements thereon and all easements and rights appurtenant

10  thereto intended for use in connection with the condominium.

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

12  letters no smaller than the largest type, exclusive of

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

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

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

16  Conspicuous type may be used in a contract contracts for

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

18  years, or a prospectus or offering circular public offering

19  statements only where required by law.

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

21  means the instrument or instruments by which a condominium is

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

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

24  condominium or offers condominium parcels for sale or lease in

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

26  or lessee of a condominium or cooperative unit who has

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

28  include a cooperative association which creates a condominium

29  by conversion of an existing residential cooperative after

30  control of the association has been transferred to the unit

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


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                                         HB 1465, Second Engrossed



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

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

  3  of the plan of conversion.

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

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

  6  Business and Professional Regulation.

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

  8  declaration as hereinafter provided, the surface of a legally

  9  described parcel of real property and includes, unless

10  otherwise specified in the declaration and whether separate

11  from or including such surface, airspace lying above and

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

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

14  any portion of the airspace or subterranean space between two

15  legally identifiable elevations and may exclude the surface of

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

17  foregoing, whether or not contiguous.

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

19  elements which are reserved for the use of a certain

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

21  as specified in the declaration of condominium.

22         (20)  "Multicondominium" means a real estate

23  development containing two or more condominiums all of which

24  are operated by the same association.

25         (21)(20)  "Operation" or "operation of the condominium"

26  includes the administration and management of the condominium

27  property.

28         (22)(21)  "Rental agreement" means any written

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

30  providing for use and occupancy of premises.

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                                         HB 1465, Second Engrossed



  1         (23)(22)  "Residential condominium" means a condominium

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

  3  intended for use as a private temporary or permanent

  4  residence, except that a condominium is not a residential

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

  6  primarily commercial or industrial and not more than three

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

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

  9  janitorial, or other operational staff of the condominium.

10  With respect to a condominium that is not a timeshare

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

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

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

14  timeshare condominium, the timeshare instrument as defined in

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

16  the condominium. If a condominium is a residential condominium

17  but contains units intended to be used for commercial or

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

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

20  condominium is not a residential condominium.  A condominium

21  which contains both commercial and residential units is a

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

23  718.404.

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

25  levied against a unit owner owners other than the assessment

26  required by a budget adopted annually.

27         (25)(24)  "Timeshare estate" means any interest in a

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

29  occupancy of the unit circulates among the various purchasers

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

31  basis for a period of time.


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                                         HB 1465, Second Engrossed



  1         (26)(25)  "Timeshare unit" means a unit in which

  2  timeshare estates have been created.

  3         (27)(26)  "Unit" means a part of the condominium

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

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

  6  as specified in the declaration.

  7         (28)(27)  "Unit owner" or "owner of a unit" means a

  8  record owner of legal title to a condominium parcel.

  9         (29)(28)  "Voting certificate" means a document which

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

11  partnership, or entity representative, who is authorized to

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

13  than one owner or by any entity.

14         (30)(29)  "Voting interests interest" means the voting

15  rights distributed to the association members pursuant to s.

16  718.104(4)(i). In a multicondominium association, the voting

17  interests of the association are the voting rights distributed

18  to the unit owners in all condominiums operated by the

19  association.  On matters related to a specific condominium in

20  a multicondominium association, the voting interests of the

21  condominium are the voting rights distributed to the unit

22  owners in that condominium.

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

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

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

26  read:

27         718.104  Creation of condominiums; contents of

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

29  created pursuant to this chapter.

30         (2)  A condominium is created by recording a

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


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                                         HB 1465, Second Engrossed



  1  is located, executed and acknowledged with the requirements

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

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

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

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

  6  amendment adding a phase to the condominium under s.

  7  718.403(6), all units described in the declaration or phase

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

  9  submitted to condominium ownership shall come into existence,

10  regardless of the state of completion of planned improvements

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

12  declaration of condominium pursuant to this section, the

13  developer shall file the recording information with the

14  division within 120 calendar 30 business days on a form

15  prescribed by the division.

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

17  following matters:

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

19  elements and common surplus of the condominium that is

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

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

22  equal the whole.  In the declaration of condominium for

23  residential condominiums created after April 1, 1992, the

24  ownership share of the common elements assigned to each

25  residential unit shall be based either upon the total square

26  footage of each residential unit in uniform relationship to

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

28  condominium or on an equal fractional basis.

29         (g)  The percentage or fractional shares of liability

30  for proportions or percentages of and manner of sharing common

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


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                                         HB 1465, Second Engrossed



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

  2  the undivided shares of ownership of in the common elements

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

  4  paragraph (f).

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

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

  7  multicondominium, the declaration must state, or provide a

  8  specific formula for determining, the fractional or percentage

  9  shares of liability for the common expenses of the association

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

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

12  by the association.  If the declaration as originally recorded

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

14  expenses of the association and of ownership of the common

15  surplus of the association allocated to each unit in each

16  condominium operated by the association shall be a fraction of

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

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

19  condominiums operated by the association.

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

21  Statutes, is amended to read:

22         718.106  Condominium parcels; appurtenances; possession

23  and enjoyment.--

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

25  thereto:

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

27  common surplus.

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

29  common elements as may be provided by the declaration,

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

31  unit owners to the extent authorized by the declaration as


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                                         HB 1465, Second Engrossed



  1  originally recorded, or amendments to the declaration adopted

  2  under s. 718.110(2).

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

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

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

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

  7  terminated automatically.

  8         (d)  Membership in the association designated in the

  9  declaration, with the full voting rights appertaining thereto.

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

11  declaration.

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

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

14  said section, to read:

15         718.110  Amendment of declaration; correction of error

16  or omission in declaration by circuit court.--

17         (4)  Unless otherwise provided in the declaration as

18  originally recorded, no amendment may change the configuration

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

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

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

22  the parcel shares the common expenses of the condominium and

23  owns the common surplus of the condominium unless the record

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

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

26  record owners of all other units in the same condominium

27  approve the amendment.  The acquisition of property by the

28  association, and material alterations or substantial additions

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

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

31  deemed to constitute a material alteration or modification of


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                                         HB 1465, Second Engrossed



  1  the appurtenances to the units.  A declaration recorded after

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

  3  majority of total voting interests of the condominium for

  4  amendments under this subsection, unless otherwise required by

  5  a any governmental entity.

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

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

  8  establish the condominium, the association may correct the

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

10  other document required to create a condominium in the manner

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

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

13  interests of the condominium.  The amendment is effective when

14  passed and approved and a certificate of the amendment is

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

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

17  such an amendment would materially or adversely affect

18  property rights of unit owners, unless the affected unit

19  owners consent in writing. This subsection does not restrict

20  the powers of the association to otherwise amend the

21  declaration, or other documentation, but authorizes a simple

22  process of amendment requiring a lesser vote for the purpose

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

24  rights of unit owners are not materially or adversely

25  affected.

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

27  association, any amendment to change the fractional or

28  percentage share of liability for the common expenses of the

29  association and ownership of the common surplus of the

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

31  total voting interests of each condominium operated by the


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                                         HB 1465, Second Engrossed



  1  association unless the declarations of all condominiums

  2  operated by the association uniformly require approval by a

  3  greater percentage of the voting interests of each

  4  condominium.

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

  6  voting interests of an existing multicondominium association

  7  is expressly required in the declaration of an existing

  8  condominium, the declaration may be amended upon approval of

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

10  condominium operated by the multicondominium association for

11  the purpose of:

12         1.  Setting forth in the declaration the formula

13  currently utilized, but not previously stated in the

14  declaration, for determining the percentage or fractional

15  shares of liability for the common expenses of the

16  multicondominium association and ownership of the common

17  surplus of the multicondominium association.

18         2.  Providing for the creation or enlargement of a

19  multicondominium association by the merger or consolidation of

20  two or more associations and changing the name of the

21  association, as appropriate.

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

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

24  Florida Statutes, are amended to read:

25         718.111  The association.--

26         (12)  OFFICIAL RECORDS.--

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

28  association shall maintain each of the following items, when

29  applicable, which shall constitute the official records of the

30  association:

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                                         HB 1465, Second Engrossed



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

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

  3         2.  A photocopy of the recorded declaration of

  4  condominium of each condominium operated by the association

  5  and of each amendment to each declaration.

  6         3.  A photocopy of the recorded bylaws of the

  7  association and of each amendment to the bylaws.

  8         4.  A certified copy of the articles of incorporation

  9  of the association, or other documents creating the

10  association, and of each amendment thereto.

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

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

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

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

15  not less than 7 years.

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

17  mailing addresses, unit identifications, voting

18  certifications, and, if known, telephone numbers.

19         8.  All current insurance policies of the association

20  and condominiums operated by the association.

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

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

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

24  responsibility.

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

26  by the association.

27         11.  Accounting records for the association and

28  separate accounting records for each condominium which the

29  association operates, according to good accounting practices.

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

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                                         HB 1465, Second Engrossed



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

  2  are not limited to:

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

  4  receipts and expenditures.

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

  6  quarterly statement of the account for each unit designating

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

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

  9  due.

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

11  financial reports of the association or condominium.

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

13  work to be performed shall also be considered official records

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

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

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

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

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

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

20  as agent for the rental of condominium units.

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

22  described by s. 718.504.

23         15.  All other records of the association not

24  specifically included in the foregoing which are related to

25  the operation of the association.

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

27  to inspection by any association member or the authorized

28  representative of such member at all reasonable times.  The

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

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

31  association member.  The association may adopt reasonable


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                                         HB 1465, Second Engrossed



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

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

  3  association to provide the records within 10 working days

  4  after receipt of a written request shall create a rebuttable

  5  presumption that the association willfully failed to comply

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

  7  official records is entitled to the actual damages or minimum

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

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

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

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

12  to permit inspection of the association records as provided

13  herein entitles any person prevailing in an enforcement action

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

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

16  denied access to the records for inspection.  The association

17  shall maintain an adequate number of copies of the

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

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

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

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

22  condominium property to ensure their availability to unit

23  owners and prospective purchasers, and may charge its actual

24  costs for preparing and furnishing these documents to those

25  requesting the same. Notwithstanding the provisions of this

26  paragraph, the following records shall not be accessible to

27  unit owners:

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

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

30  work-product privilege including any A record which was

31  prepared by an association attorney or prepared at the


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                                         HB 1465, Second Engrossed



  1  attorney's express direction, which reflects a mental

  2  impression, conclusion, litigation strategy, or legal theory

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

  4  exclusively for civil or criminal litigation or for

  5  adversarial administrative proceedings, or which was prepared

  6  in anticipation of imminent civil or criminal litigation or

  7  imminent adversarial administrative proceedings until the

  8  conclusion of the litigation or adversarial administrative

  9  proceedings.

10         2.  Information obtained by an association in

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

12  transfer of a unit.

13         3.  Medical records of unit owners.

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

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

16  provided in the bylaws, the association shall prepare and

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

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

19  Within 21 days after the financial report is completed or

20  received by the association from the third party, the

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

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

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

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

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

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

27  adopt rules setting forth uniform accounting principles and

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

29  addressing financial reporting requirements for

30  multicondominium associations.  In adopting such rules, the

31  division shall consider the number of members and annual


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                                         HB 1465, Second Engrossed



  1  revenues of an association.  Financial reports shall be

  2  prepared as follows:

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

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

  5  of financial statements in accordance with generally accepted

  6  accounting principles.  The financial statements shall be

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

  8  follows:

  9         1.  An association with total annual revenues of

10  $100,000 or more, but less than $200,000, shall prepare

11  compiled financial statements.

12         2.  An association with total annual revenues of

13  $200,000 or more, but less than $400,000, shall prepare

14  reviewed financial statements.

15         3.  An association with total annual revenues of

16  $400,000 or more shall prepare audited financial statements.

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

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

19  expenditures.

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

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

22  a report of cash receipts and expenditures in lieu of the

23  financial statements required by paragraph (a).

24         3.  A report of cash receipts and disbursements shall

25  disclose the amount of receipts by accounts and receipt

26  classifications and the amount of expenses by accounts and

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

28  following, as applicable:  Costs for security, professional

29  and management fees and expenses, taxes, costs for recreation

30  facilities, expenses for refuse collection and utility

31  services, expenses for lawn care, costs for building


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                                         HB 1465, Second Engrossed



  1  maintenance and repair, insurance costs, administration and

  2  salary expenses, and reserves accumulated and expended for

  3  capital expenditures, deferred maintenance, and any other

  4  category for which the association maintains reserves.

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

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

  7         1.  Compiled, reviewed, or audited financial

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

  9  of cash receipts and expenditures;

10         2.  Reviewed or audited financial statements, if the

11  association is required to prepare compiled financial

12  statements; or

13         3.  Audited financial statements if the association is

14  required to prepare reviewed financial statements.

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

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

17  association may prepare or cause to be prepared:

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

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

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

21  compiled financial statement in lieu of a reviewed or audited

22  financial statement; or

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

24  compiled financial statement, or a reviewed financial

25  statement in lieu of an audited financial statement.

26

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

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

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

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

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


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                                         HB 1465, Second Engrossed



  1  related to the preparation of financial reports for the first

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

  3  the fiscal year in which the declaration is recorded.

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

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

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

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

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

  9  administration of the association shall mail or furnish by

10  personal delivery to each unit owner a complete financial

11  report of actual receipts and expenditures for the previous 12

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

13  preceding fiscal year prepared in accordance with generally

14  accepted accounting principles. The report shall show the

15  amounts of receipts by accounts and receipt classifications

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

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

18  the following:

19         (a)  Costs for security;

20         (b)  Professional and management fees and expenses;

21         (c)  Taxes;

22         (d)  Costs for recreation facilities;

23         (e)  Expenses for refuse collection and utility

24  services;

25         (f)  Expenses for lawn care;

26         (g)  Costs for building maintenance and repair;

27         (h)  Insurance costs;

28         (i)  Administrative and salary expenses; and

29         (j)  Reserves for capital expenditures, deferred

30  maintenance, and any other category for which the association

31  maintains a reserve account or accounts.


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                                         HB 1465, Second Engrossed



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

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

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

  4  set of financial statements for the preceding fiscal year.

  5  The financial statements shall be delivered within 90 days

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

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

  8  division may require that the financial statements be

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

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

11  requirement to have the financial statements compiled,

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

13  majority of the voting interests of the association present at

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

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

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

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

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

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

20  majority of voting interests other than the developer.  The

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

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

23  subsection does not apply to a condominium which consists of

24  50 or fewer units.

25         (14)(15)  COMMINGLING.--All funds collected by an

26  association shall be maintained separately in the

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

28  funds may be commingled with operating funds of the

29  association.  Commingled operating and reserve funds shall be

30  accounted for separately and a commingled account shall not,

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


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                                         HB 1465, Second Engrossed



  1  funds.  This subsection does not prohibit a multicondominium

  2  association from commingling the operating funds of separate

  3  condominiums or the reserve funds of separate condominiums.

  4  Furthermore, for investment purposes only, a multicondominium

  5  association may commingle the operating funds of separate

  6  condominiums with the reserve funds of separate condominiums.

  7  A manager or business entity required to be licensed or

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

  9  or director of an association, shall not commingle any

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

11  any other condominium association or the funds of a community

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

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

14  operating funds of the association shall not be commingled

15  unless combined for investment purposes. This subsection is

16  not meant to prohibit prudent investment of association funds

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

18  same association, but such funds must be accounted for

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

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

21  the combined account. No manager or business entity required

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

23  employee, officer, or director of a condominium association

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

25  with the funds of any other condominium association or

26  community association as defined in s. 468.431.

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

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

29         718.112  Bylaws.--

30

31


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                                         HB 1465, Second Engrossed



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

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

  3  include the following:

  4         (d)  Unit owner meetings.--

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

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

  7  board of administration caused by the expiration of a

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

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

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

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

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

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

14  administration shall expire upon the election of their

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

16  be a candidate for board membership shall comply with

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

18  a person must meet the requirements set forth in the

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

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

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

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

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

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

25  is ineligible for board membership due to having been

26  convicted of a felony.

27         2.  The bylaws shall provide the method of calling

28  meetings of unit owners, including annual meetings. Written

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

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

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


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                                         HB 1465, Second Engrossed



  1  on the condominium property at least 14 continuous days

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

  3  the board shall by duly adopted rule designate a specific

  4  location on the condominium property or association property

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

  6  however, if there is no condominium property or association

  7  property upon which notices can be posted, this requirement

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

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

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

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

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

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

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

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

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

17  that one address which the developer initially identifies for

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

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

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

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

22  association, or the manager or other person providing notice

23  of the association meeting, shall provide an affidavit or

24  United States Postal Service certificate of mailing, to be

25  included in the official records of the association affirming

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

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

28  furnished to the association.

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

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

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


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                                         HB 1465, Second Engrossed



  1  either in general elections or elections to fill vacancies

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

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

  4  scheduled election, the association shall mail or deliver,

  5  whether by separate association mailing or included in another

  6  association mailing or delivery including regularly published

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

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

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

10  administration must give written notice to the association not

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

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

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

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

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

16  a candidate, the association shall include an information

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

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

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

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

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

22  liability for the contents of the information sheets prepared

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

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

25  the paper. The division shall by rule establish voting

26  procedures consistent with the provisions contained herein,

27  including rules providing for the secrecy of ballots.

28  Elections shall be decided by a plurality of those ballots

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

30  20 percent of the eligible voters must cast a ballot in order

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


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                                         HB 1465, Second Engrossed



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

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

  3  shall be deemed invalid, and any unit owner who violates this

  4  provision may be fined by the association in accordance with

  5  s. 718.303. A unit owner who needs assistance in casting the

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

  7  assistance in casting the ballot. Any unit owner violating

  8  this provision may be fined by the association in accordance

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

10  of the annual meeting. The provisions of this subparagraph

11  shall not apply to timeshare condominium associations.

12  Notwithstanding the provisions of this subparagraph, an

13  election is and balloting are not required unless more

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

15  board vacancies exist on the board.

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

17  chapter or the applicable declaration or bylaws, including,

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

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

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

21  applicable condominium documents relating to unit owner

22  decisionmaking, except that unit owners may take action by

23  written agreement, without meetings, on matters for which

24  action by written agreement without meetings is expressly

25  allowed by the applicable bylaws or declaration or any statute

26  that provides for such action.

27         5.  Unit owners may waive notice of specific meetings

28  if allowed by the applicable bylaws or declaration or any

29  statute.

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

31  meetings of unit owners with reference to all designated


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                                         HB 1465, Second Engrossed



  1  agenda items. However, the association may adopt reasonable

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

  3  owner participation.

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

  5  meeting of the unit owners subject to reasonable rules adopted

  6  by the division.

  7         8.  Unless otherwise provided in the bylaws, any

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

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

10  remaining directors, even if the remaining directors

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

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

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

14  conform to the requirements of subparagraph 3. unless the

15  association has opted out of the statutory election process,

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

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

18  elected under this section shall fill the vacancy for the

19  unexpired term of the seat being filled. Filling vacancies

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

21  adopted by the division.

22

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

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

25  interests, provide for different voting and election

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

27  specifically delineating the different voting and election

28  procedures. The different voting and election procedures may

29  provide for elections to be conducted by limited or general

30  proxy.

31         (e)  Budget meeting.--


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                                         HB 1465, Second Engrossed



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

  2  association will be considered by the board or unit owners

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

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

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

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

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

  8  officer or manager of the association, or other person

  9  providing notice of such meeting, shall execute an affidavit

10  evidencing compliance with such notice requirement and such

11  affidavit shall be filed among the official records of the

12  association.

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

14  budget which requires assessments against unit owners which

15  exceed 115 percent of assessments for the preceding fiscal

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

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

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

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

20  voting interests.  The special meeting shall be conducted

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

22  14 days prior to such special meeting, the board shall hand

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

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

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

26  person providing notice of such meeting shall execute an

27  affidavit evidencing compliance with this notice requirement

28  and such affidavit shall be filed among the official records

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

30  substitute budget at the special meeting. A substitute budget

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


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                                         HB 1465, Second Engrossed



  1  unless the bylaws require adoption by a greater percentage of

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

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

  4  budget previously adopted by the board shall take effect as

  5  scheduled.

  6         b.  Any determination of whether assessments exceed 115

  7  percent of assessments for the prior fiscal year shall exclude

  8  any authorized provision for reasonable reserves for repair or

  9  replacement of the condominium property, anticipated expenses

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

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

12  betterments to the condominium property.

13         c.  If the developer controls the board, assessments

14  shall not exceed 115 percent of assessments for the prior

15  fiscal year unless approved by a majority of all voting

16  interests. The board of administration shall hand deliver to

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

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

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

20  14 days prior to the meeting of the unit owners or the board

21  of administration at which the budget will be considered.

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

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

24  manager or other person providing notice of the meeting and

25  filed among the official records of the association.  The

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

27  requires assessments against the unit owners in any fiscal or

28  calendar year which exceed 115 percent of the assessments for

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

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

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


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                                         HB 1465, Second Engrossed



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

  2  special meeting, unit owners shall consider and enact a

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

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

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

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

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

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

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

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

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

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

13  effect as scheduled.  In determining whether assessments

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

15  authorized provisions for reasonable reserves for repair or

16  replacement of the condominium property, anticipated expenses

17  by the condominium association which are not anticipated to be

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

19  betterments to the condominium property must be excluded from

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

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

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

23  the prior fiscal or calendar year's assessment without

24  approval of a majority of all the voting interests.

25         (f)  Annual budget.--

26         1.  The proposed annual budget of common expenses shall

27  be detailed and shall show the amounts budgeted by accounts

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

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

30  718.504(20). A multicondominium association shall adopt a

31  separate budget of common expenses for each condominium the


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                                         HB 1465, Second Engrossed



  1  association operates and shall adopt a separate budget of

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

  3  association maintains limited common elements with the cost to

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

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

  6  schedule attached thereto shall show amounts budgeted

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

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

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

10         2.  In addition to annual operating expenses, the

11  budget shall include reserve accounts for capital expenditures

12  and deferred maintenance. These accounts shall include, but

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

14  pavement resurfacing, regardless of the amount of deferred

15  maintenance expense or replacement cost, and for any other

16  item for which the deferred maintenance expense or replacement

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

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

19  remaining useful life and estimated replacement cost or

20  deferred maintenance expense of each reserve item.  The

21  association may adjust replacement reserve assessments

22  annually to take into account any changes in estimates or

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

24  deferred maintenance. This subsection does not apply to an

25  adopted budget budgets in which the members of an association

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

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

28  provide no reserves or less reserves less adequate than

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

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

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


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                                         HB 1465, Second Engrossed



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

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

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

  4  initial declaration is recorded, after which time reserves may

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

  6  nondeveloper voting interests voting in person or by limited

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

  8  meeting of the unit owners has been called to determine

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

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

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

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

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

14  to waive or reduce the funding of reserves.

15         3.  Reserve funds and any interest accruing thereon

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

17  used only for authorized reserve expenditures unless their use

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

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

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

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

22  developer-controlled association shall not vote to use

23  reserves for purposes other than that for which they were

24  intended without the approval of a majority of all

25  nondeveloper voting interests, voting in person or by limited

26  proxy at a duly called meeting of the association.

27         4.  In a multicondominium association, the only voting

28  interests which are eligible to vote on questions that involve

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

30  reserve funds for purposes other than purposes for which the

31


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                                         HB 1465, Second Engrossed



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

  2  subject to assessment to fund the reserves in question.

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

  4  Statutes, is amended to read:

  5         718.113  Maintenance; limitation upon improvement;

  6  display of flag; hurricane shutters.--

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

  8  there shall be no material alteration or substantial additions

  9  to the common elements or to real property which is

10  association property, except in a manner provided in the

11  declaration.  If the declaration does not specify the

12  procedure for approval of material alterations or substantial

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

14  association must approve the alterations or additions.

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

16  substantial addition to, the common elements of any

17  condominium operated by a multicondominium association unless

18  approved in the manner provided in the declaration of the

19  affected condominium or condominiums. If a declaration does

20  not specify a procedure for approving such an alteration or

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

22  interests of each affected condominium is required. This

23  subsection does not prohibit a provision in any declaration,

24  articles of incorporation, or bylaws requiring the approval of

25  unit owners in any condominium operated by the same

26  association or requiring board approval before a material

27  alteration or substantial addition to the common elements is

28  permitted.

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

30  substantial addition made to association real property

31  operated by a multicondominium association, except as provided


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                                         HB 1465, Second Engrossed



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

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

  3  specify the procedure for approving an alteration or addition

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

  5  the total voting interests of the association is required.

  6         Section 9.  Section 718.115, Florida Statutes, is

  7  amended to read:

  8         718.115  Common expenses and common surplus.--

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

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

11  the common elements and association property, costs of

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

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

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

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

16  expenses also include reasonable transportation services,

17  insurance for directors and officers, road maintenance and

18  operation expenses, in-house communications, and security

19  services, which are reasonably related to the general benefit

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

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

22  common expenses must either have been services or items

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

24  administration of the association is was transferred from the

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

26  provided for in the condominium documents or bylaws.

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

28  multicondominium are the common expenses directly attributable

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

30  multicondominium association do not include the common

31  expenses directly attributable to the operation of any


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                                         HB 1465, Second Engrossed



  1  specific condominium or condominiums within the

  2  multicondominium.

  3         (c)  The common expenses of a multicondominium

  4  association may include categories of expenses related to the

  5  property or common elements within a specific condominium in

  6  the multicondominium if such property or common elements are

  7  areas in which all members of the multicondominium association

  8  have use rights or from which all members receive tangible

  9  economic benefits. Such common expenses of the association

10  shall be identified in the declaration or bylaws of each

11  condominium within the multicondominium association.

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

13  a master antenna television system or duly franchised cable

14  television service obtained pursuant to a bulk contract shall

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

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

17  duly franchised cable television service obtained under a bulk

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

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

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

21  than a percentage basis if the declaration provides for other

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

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

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

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

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

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

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

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

30  date hereof for a community antenna system or duly franchised

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


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                                         HB 1465, Second Engrossed



  1  voting interests present at the next regular or special

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

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

  4  motion fails to obtain the required majority at the next

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

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

  7  ratified for the term therein expressed.

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

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

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

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

12  discontinue the service without incurring disconnect fees,

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

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

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

16  members of an association share the expenses of cable

17  television, the expense shall be shared equally by all

18  participating unit owners. The association may use the

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

20  such costs by the unit owners receiving cable television.

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

22  operation, repair, and maintenance of hurricane shutters by

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

24  expense as defined herein and shall be collected as provided

25  in this section. Notwithstanding the provisions of s.

26  718.116(9), a unit owner who has previously installed

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

28  laminated glass architecturally designed to function as

29  hurricane protection which complies with the applicable

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

31  portion of the assessed installation cost assigned to each


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                                         HB 1465, Second Engrossed



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

  2  the pro rata share of expenses for hurricane shutters

  3  installed on common elements and association property by the

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

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

  6  operation, repair, and maintenance of such shutters.

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

  8  assessments is extinguished by foreclosure of a superior lien

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

10  of common expenses or assessments are common expenses

11  collectible from all the unit owners in the condominium in

12  which the unit is located.

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

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

15  shall be collected by assessments against the units in that

16  condominium unit owners in the proportions or percentages

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

18  residential condominium, or mixed-use condominium created

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

20  of the common expenses of the condominium and common surplus

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

22  in the same proportions as their ownership interest in the

23  common elements.

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

25  shares as their ownership interest in the common elements.

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

27  condominium within a multicondominium shall be collected as

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

29  multicondominium association shall be funded by assessments

30  against all unit owners in the association in the proportion

31


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                                         HB 1465, Second Engrossed



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

  2  718.104(4)(h) or s. 718.110(12), as applicable.

  3         (b)  In a multicondominium association, the total

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

  5  share of the common surplus of the association plus that

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

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

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

  9  718.104(4)(h) or s. 718.110(12), as applicable.

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

11  Statutes, is amended to read:

12         (Substantial rewording of subsection.  See

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

14         718.116  Assessments; liability; lien and priority;

15  interest; collection.--

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

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

18  unit owners are likewise proportionately excluded from

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

20  following cases:

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

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

23  payment of assessments against those unsold units for a stated

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

25  the developer must pay common expenses incurred during such

26  period which exceed regular periodic assessments against other

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

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

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

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

31  developer-controlled association has maintained all insurance


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                                         HB 1465, Second Engrossed



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

  2  incurred during the stated period resulting from a natural

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

  4  which are not covered by proceeds from insurance maintained by

  5  the association, may be assessed against all unit owners

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

  7  God, and their respective successors and assigns, including

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

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

10  in accordance with s. 718.115(2).

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

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

13  assessments against those unsold units for the period of time

14  the developer has guaranteed to all purchasers or other unit

15  owners in the same condominium that assessments will not

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

17  any common expenses that exceed the guaranteed amount. Such

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

19  prospectus, or written agreement between the developer and a

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

21  provide that after the initial guarantee period, the developer

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

23  developer-controlled association has maintained all insurance

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

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

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

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

28  insurance, may be assessed against all unit owners owning

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

30  their successors and assigns, including the developer with

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


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                                         HB 1465, Second Engrossed



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

  2  applicable.

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

  4  or written agreement between the developer and a majority of

  5  unit owners other than the developer, provides for the

  6  developer to be excused from payment of assessments under

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

  8  expenses as provided for in the declaration and prospectus and

  9  disclosed in the estimated operating budget shall be used for

10  payment of common expenses during any period in which the

11  developer is excused. Accordingly, no funds which are

12  receivable from unit purchasers or unit owners and payable to

13  the association, including capital contributions or startup

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

15  for payment of such common expenses.

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

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

18  developer's financial obligation to the multicondominium

19  association during any period in which the developer is

20  excused from payment of assessments is as follows:

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

22  condominium affected by a guarantee, including the funding of

23  reserves as provided in the adopted annual budget of that

24  condominium, which exceed the regular periodic assessments at

25  the guaranteed level against all other unit owners within that

26  condominium.

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

28  multicondominium association, including the funding of

29  reserves as provided in the adopted annual budget of the

30  association, which are allocated to units within a condominium

31  affected by a guarantee and which exceed the regular periodic


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                                         HB 1465, Second Engrossed



  1  assessments against all other unit owners within that

  2  condominium.

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

  4  718.117, Florida Statutes, to read:

  5         718.117  Termination.--

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

  7  a condominium incident to a merger of that condominium with

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

  9         Section 12.  Subsection (8) of section 718.403, Florida

10  Statutes, is amended to read:

11         718.403  Phase condominiums.--

12         (8)  Upon recording the declaration of condominium or

13  amendments adding phases pursuant to this section, the

14  developer shall file the recording information with the

15  division within 120 calendar 30 working days on a form

16  prescribed by the division.

17         Section 13.  Section 718.405, Florida Statutes, is

18  created to read:

19         718.405  Multicondominiums; multicondominium

20  associations.--

21         (1)  An association may operate more than one

22  condominium if the declaration for each condominium to be

23  operated by that association provides for participation in a

24  multicondominium, in conformity with this section, and

25  discloses or describes:

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

27  liabilities, common surplus, and common expenses of the

28  association will be apportioned among the units within the

29  condominiums operated by the association, in accordance with

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

31


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                                         HB 1465, Second Engrossed



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

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

  3  recreational areas or any other facilities or amenities that

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

  5  specific formula by which the other users will share the

  6  common expenses related to those facilities or amenities.

  7         (c)  Recreational and other commonly used facilities or

  8  amenities which the developer has committed to provide that

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

10  the association but which are not included within any

11  condominium operated by the association. The developer may

12  reserve the right to add additional facilities or amenities if

13  the declaration and prospectus for each condominium to be

14  operated by the association contains the following statement

15  in conspicuous type and in substantially the following form:

16  RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT

17  CONSENT OF UNIT OWNERS OR THE ASSOCIATION.

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

19  election of directors and in other multicondominium

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

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

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

23  vote in all matters voted upon.

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

25  additional lands or facilities to a multicondominium

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

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

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

29  that obligation against the developer or bring an action

30  against the developer for specific performance or for damages

31


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                                         HB 1465, Second Engrossed



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

  2  the additional lands or facilities.

  3         (3)  The declaration for each condominium to be

  4  operated by a multicondominium association may not, at the

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

  6  provision with respect to allocation of the association's

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

  8  is inconsistent with this chapter or the provisions of a

  9  declaration for any other condominium then being operated by

10  the multicondominium association.

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

12  formation of a multicondominium by the merger or consolidation

13  of two or more condominium associations. Mergers or

14  consolidations of associations shall be accomplished in

15  accordance with this chapter, the declarations of the

16  condominiums being merged or consolidated, and chapter 617.

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

18  declarations necessary to effect a merger or consolidation.

19         Section 14.  Section 718.5019, Florida Statutes, is

20  repealed.

21         Section 15.  Present subsections (15) through (27) of

22  section 718.504, Florida Statutes, are redesignated as

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

24  subsection (15) is added to said section, to read:

25         718.504  Prospectus or offering circular.--Every

26  developer of a residential condominium which contains more

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

28  residential condominiums which will be served by property to

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

30  units, shall prepare a prospectus or offering circular and

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


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                                         HB 1465, Second Engrossed



  1  and Mobile Homes prior to entering into an enforceable

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

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

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

  5  the prospectus or offering circular, each buyer shall be

  6  furnished a separate page entitled "Frequently Asked Questions

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

  8  approved by the division and a copy of the financial

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

10  readable language, inform prospective purchasers regarding

11  their voting rights and unit use restrictions, including

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

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

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

15  other commonly used facilities; shall contain a statement

16  identifying that amount of assessment which, pursuant to the

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

18  special assessments, and which shall further identify the

19  basis upon which assessments are levied, whether monthly,

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

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

22  in which the association may face liability in excess of

23  $100,000; and which shall further state whether membership in

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

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

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

27  judgment will assist prospective purchasers. The prospectus or

28  offering circular may include more than one condominium,

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

30  the date of the prospectus or offering circular.  The

31


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                                         HB 1465, Second Engrossed



  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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                                         HB 1465, Second Engrossed



  1         Section 16.  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 17.  Paragraph (j) of subsection (1) of section

29  718.501, Florida Statutes, is repealed.

30         Section 18.  This act shall take effect July 1, 2000.

31


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