HOUSE AMENDMENT
                                                  Bill No. HB 1907
    Amendment No. ___ (for drafter's use only)
                            CHAMBER ACTION
              Senate                               House
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11  Representative(s) Kottkamp offered the following:
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13         Amendment (with title amendment) 
14         On page 17, lines 24-26,
15  remove from the bill:  all of said lines
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17  and insert in lieu thereof:  
18         Section 7.  Paragraph (f) of subsection (2) and
19  subsection (3) of section 718.112, Florida Statutes, are
20  amended to read:
21         718.112  Bylaws.--
22         (2)  REQUIRED PROVISIONS.--The bylaws shall provide for
23  the following and, if they do not do so, shall be deemed to
24  include the following:
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). A
30  multicondominium association shall adopt a separate budget of
31  common expenses for each condominium the association operates
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    File original & 9 copies    04/26/01                          
    hri0001                     11:03 am         01907-0074-031537

HOUSE AMENDMENT Bill No. HB 1907 Amendment No. ___ (for drafter's use only) 1 and shall adopt a separate budget of common expenses for the 2 association. In addition, if the association maintains limited 3 common elements with the cost to be shared only by those 4 entitled to use the limited common elements as provided for in 5 s. 718.113(1), the budget or a schedule attached thereto shall 6 show amounts budgeted therefor. If, after turnover of control 7 of the association to the unit owners, any of the expenses 8 listed in s. 718.504(21) are not applicable, they need not be 9 listed. 10 2. In addition to annual operating expenses, the 11 budget may shall include reserve accounts for capital 12 expenditures and deferred maintenance. These accounts shall 13 include, but are not limited to, roof replacement, building 14 painting, and pavement resurfacing, regardless of the amount 15 of deferred maintenance expense or replacement cost, and for 16 any other item for which the deferred maintenance expense or 17 replacement cost exceeds $10,000. The amount to be reserved 18 shall be computed by means of a formula which is based upon 19 estimated remaining useful life and estimated replacement cost 20 or 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 applies does not apply 25 to an adopted budget in which the members of an association 26 have determined, by a majority vote at a duly called meeting 27 of the association, to provide the no reserves as described in 28 or less reserves than required by this subsection. However, 29 prior to turnover of control of an association by a developer 30 to unit owners other than a developer pursuant to s. 718.301, 31 the developer may vote to waive the reserves or reduce the 2 File original & 9 copies 04/26/01 hri0001 11:03 am 01907-0074-031537
HOUSE AMENDMENT Bill No. HB 1907 Amendment No. ___ (for drafter's use only) 1 funding of reserves for the first 2 fiscal years of the 2 association's operation, beginning with the fiscal year in 3 which the initial declaration is recorded, after which time 4 reserves may be required waived or reduced only upon the vote 5 of a majority of all nondeveloper voting interests voting in 6 person or by limited proxy at a duly called meeting of the 7 association. If a meeting of the unit owners has been called 8 to determine whether to waive or reduce the funding of 9 reserves, and no such result is achieved or a quorum is not 10 attained, the reserves as included in the budget shall go into 11 effect. After the turnover, the developer may vote its voting 12 interest to provide for waive or reduce the funding of 13 reserves. 14 3. Reserve funds and any interest accruing thereon 15 shall remain in the reserve account or accounts, and shall be 16 used only for authorized reserve expenditures unless their use 17 for other purposes is approved in advance by a majority vote 18 at a duly called meeting of the association. Prior to turnover 19 of control of an association by a developer to unit owners 20 other than the developer pursuant to s. 718.301, the 21 developer-controlled association shall not vote to use 22 reserves for purposes other than that for which they were 23 intended without the approval of a majority of all 24 nondeveloper voting interests, voting in person or by limited 25 proxy at a duly called meeting of the association. 26 4. In a multicondominium association, the only voting 27 interests which are eligible to vote on questions that involve 28 waiving or reducing the funding of reserves, or using existing 29 reserve funds for purposes other than purposes for which the 30 reserves were intended, are the voting interests of the units 31 subject to assessment to fund the reserves in question. 3 File original & 9 copies 04/26/01 hri0001 11:03 am 01907-0074-031537
HOUSE AMENDMENT Bill No. HB 1907 Amendment No. ___ (for drafter's use only) 1 ================ T I T L E A M E N D M E N T =============== 2 And the title is amended as follows: 3 On page 1, line 20, after the semicolon, 4 5 insert: 6 providing for reserves under certain 7 circumstances; 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 4 File original & 9 copies 04/26/01 hri0001 11:03 am 01907-0074-031537