Senate Bill sb0694e1

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  1                      A bill to be entitled

  2         An act relating to condominiums and

  3         cooperatives; amending s. 702.09, F.S.;

  4         redefining the terms "mortgage" and

  5         "foreclosure proceedings"; amending s. 718.104,

  6         F.S.; revising provisions relating to

  7         declarations for the creation of a condominium;

  8         amending s. 718.106, F.S.; revising provisions

  9         relating to appurtenances that pass with a

10         condominium unit; amending s. 718.110, F.S.;

11         revising provisions relating to amendments to a

12         declaration of condominium; amending s.

13         718.111, F.S.; revising provisions relating to

14         the association; amending s. 718.112, F.S.;

15         revising provisions relating to bylaws;

16         amending s. 718.113, F.S.; revising provisions

17         relating to material alterations of common

18         elements or association real property operated

19         by a multicondominium association; amending s.

20         718.115, F.S.; revising provisions relating to

21         common expenses; amending s. 718.1255, F.S.,

22         relating to alternative dispute resolution

23         procedures; providing for the expedited

24         handling of any allegation of an irregularity

25         in the election of any director of the board of

26         administration of a condominium; amending s.

27         718.405, F.S.; revising provisions relating to

28         multicondominiums and multicondominium

29         associations; amending s. 718.503, F.S.;

30         relating to disclosure requirements for the

31         sale of certain condominiums; removing the


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  1         requirement that question and answer sheets be

  2         part of the closing documents; amending s.

  3         718.504, F.S.; revising provisions relating to

  4         the prospectus or offering circular; creating

  5         s. 718.701, F.S.; providing definitions;

  6         creating s. 718.702, F.S.; providing for master

  7         association meetings; requiring certain

  8         notices; establishing meeting rules; creating

  9         s. 718.703, F.S.; providing powers of the

10         Division of Florida Land Sales, Condominiums,

11         and Mobile Homes over master associations;

12         creating s. 718.704, F.S.; requiring master

13         associations to provide certain financial

14         records or statements; providing an effective

15         date.

16

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

18

19         Section 1.  Section 702.09, Florida Statutes, is

20  amended to read:

21         702.09  Definitions.--For the purposes of ss. 702.07

22  and 702.08 the words "decree of foreclosure" shall include a

23  judgment or order rendered or passed in the foreclosure

24  proceedings in which the decree of foreclosure shall be

25  rescinded, vacated, and set aside; the word "mortgage" shall

26  mean any written instrument securing the payment of money or

27  advances and includes liens to secure payment of assessments

28  arising under chapters 718 and 719; the word "debt" shall

29  include promissory notes, bonds, and all other written

30  obligations given for the payment of money; the words

31  "foreclosure proceedings" shall embrace every action in the


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  1  circuit or county courts of this state wherein it is sought to

  2  foreclose a mortgage and sell the property covered by the

  3  same; and the word "property" shall mean and include both real

  4  and personal property.

  5         Section 2.  Paragraph (h) of subsection (4) and

  6  subsection (5) of section 718.104, Florida Statutes, are

  7  amended to read:

  8         718.104  Creation of condominiums; contents of

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

10  created pursuant to this chapter.

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

12  following matters:

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

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

15  multicondominium, the declaration must state, or provide a

16  specific formula for determining, the fractional or percentage

17  shares of liability for the common expenses of the association

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

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

20  by the association.  If a the declaration recorded on or after

21  July 1, 2000, for a condominium operated by a multicondominium

22  association as originally recorded fails to so provide, the

23  share of liability for the common expenses of the association

24  and of ownership of the common surplus of the association

25  allocated to each unit in each condominium operated by the

26  association shall be a fraction of the whole, the numerator of

27  which is the number "one" and the denominator of which is the

28  total number of units in all condominiums operated by the

29  association.

30         (5)  The declaration as originally recorded or as

31  amended under the procedures provided therein may include


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  1  covenants and restrictions concerning the use, occupancy, and

  2  transfer of the units permitted by law with reference to real

  3  property. However, the rule against perpetuities shall not

  4  defeat a right given any person or entity by the declaration

  5  for the purpose of allowing unit owners to retain reasonable

  6  control over the use, occupancy, and transfer of units.

  7         Section 3.  Paragraph (b) of subsection (2) of section

  8  718.106, Florida Statutes, is amended to read:

  9         718.106  Condominium parcels; appurtenances; possession

10  and enjoyment.--

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

12  thereto:

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

14  common elements as may be provided by the declaration,

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

16  unit owners to the extent authorized by the declaration as

17  originally recorded, or amendments to the declaration adopted

18  pursuant to the provisions contained therein under s.

19  718.110(2). Amendments to declarations of condominium

20  providing for the transfer of use rights with respect to

21  limited common elements are not amendments that materially

22  modify unit appurtenances as described in s. 718.110(4).

23  However, in order to be effective, the transfer of use rights

24  with respect to limited common elements must be effectuated in

25  conformity with the procedures set forth in the declaration as

26  originally recorded or as amended under the procedures

27  provided therein. This section is intended to clarify existing

28  law and applies to associations existing on the effective date

29  of this act.

30         Section 4.  Subsection (4) of section 718.110, Florida

31  Statutes, is amended to read:


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  1         718.110  Amendment of declaration; correction of error

  2  or omission in declaration by circuit court.--

  3         (4)  Unless otherwise provided in the declaration as

  4  originally recorded, no amendment may change the configuration

  5  or size of any unit in any material fashion, materially alter

  6  or modify the appurtenances to the unit, or change the

  7  proportion or percentage by which the unit owner shares the

  8  common expenses of the condominium and owns the common surplus

  9  of the condominium unless the record owner of the unit and all

10  record owners of liens on the unit join in the execution of

11  the amendment and unless all the record owners of all other

12  units in the same condominium approve the amendment.  The

13  acquisition of property by the association, and material

14  alterations or substantial additions to such property or the

15  common elements by the association in accordance with s.

16  718.111(7) or s. 718.113, and amendments providing for the

17  transfer of use rights in limited common elements pursuant to

18  s. 718.106(2)(b) shall not be deemed to constitute a material

19  alteration or modification of the appurtenances to the units.

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

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

22  of the condominium for amendments under this subsection,

23  unless otherwise required by a governmental entity.

24         Section 5.  Subsections (4) and (13) of section

25  718.111, Florida Statutes, are amended to read:

26         718.111  The association.--

27         (4)  ASSESSMENTS; MANAGEMENT OF COMMON ELEMENTS.--The

28  association has the power to make and collect assessments and

29  to lease, maintain, repair, and replace the common elements or

30  association property; however, the association may not charge

31  a use fee against a unit owner for the use of common elements


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  1  or association property unless otherwise provided for in the

  2  declaration of condominium or by a majority vote of the

  3  association or unless the charges relate to expenses incurred

  4  by an owner having exclusive use of the common elements or

  5  association property.

  6         (13)  FINANCIAL REPORTING.--Within 90 days after the

  7  end of the fiscal year, or annually on a date provided in the

  8  bylaws, the association shall prepare and complete, or

  9  contract for the preparation and completion of or cause to be

10  prepared and completed by a third party, a financial report

11  for the preceding fiscal year.  Within 21 days after the final

12  financial report is completed by the association or received

13  by the association from the third party, but not later than

14  120 days after the end of the fiscal year or other date as

15  provided in the bylaws, the association shall mail to each

16  unit owner at the address last furnished to the association by

17  the unit owner, or hand deliver to each unit owner, a copy of

18  the financial report or a notice that a copy of the financial

19  report will be mailed or hand delivered to the unit owner,

20  without charge, upon receipt of a written request from the

21  unit owner.  The division shall adopt rules setting forth

22  uniform accounting principles and standards to be used by all

23  associations and shall adopt rules addressing financial

24  reporting requirements for multicondominium associations.  In

25  adopting such rules, the division shall consider the number of

26  members and annual revenues of an association.  Financial

27  reports shall be prepared as follows:

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

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

30  of financial statements in accordance with generally accepted

31  accounting principles.  The financial statements shall be


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

  2  follows:

  3         1.  An association with total annual revenues of

  4  $100,000 or more, but less than $200,000, shall prepare

  5  compiled financial statements.

  6         2.  An association with total annual revenues of at

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

  8  financial statements.

  9         3.  An association with total annual revenues of

10  $400,000 or more shall prepare audited financial statements.

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

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

13  expenditures.

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

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

16  a report of cash receipts and expenditures in lieu of

17  financial statements required by paragraph (a).

18         3.  A report of cash receipts and disbursements must

19  disclose the amount of receipts by accounts and receipt

20  classifications and the amount of expenses by accounts and

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

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

23  management fees and expenses, taxes, costs for recreation

24  facilities, expenses for refuse collection and utility

25  services, expenses for lawn care, costs for building

26  maintenance and repair, insurance costs, administration and

27  salary expenses, and reserves accumulated and expended for

28  capital expenditures, deferred maintenance, and any other

29  category for which the association maintains reserves.

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

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


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  1         1.  Compiled, reviewed, or audited financial

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

  3  of cash receipts and expenditures;

  4         2.  Reviewed or audited financial statements, if the

  5  association is required to prepare compiled financial

  6  statements; or

  7         3.  Audited financial statements if the association is

  8  required to prepare reviewed financial statements.

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

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

11  association may prepare or cause to be prepared:

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

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

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

15  compiled financial statement in lieu of a reviewed or audited

16  financial statement; or

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

18  compiled financial statement, or a reviewed financial

19  statement in lieu of an audited financial statement.

20

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

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

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

24  developer has not turned over control of the association, all

25  unit owners, including the developer, may vote on issues

26  related to the preparation of financial reports for the first

27  2 fiscal years of the association's operation, beginning with

28  the fiscal year in which the declaration is recorded.

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

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

31  the developer.


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  1         Section 6.  Subsection (3) of section 718.112, Florida

  2  Statutes, is amended to read:

  3         718.112  Bylaws.--

  4         (3)  OPTIONAL PROVISIONS.--The bylaws as originally

  5  recorded or as amended under the procedures provided therein

  6  may provide for the following:

  7         (a)  A method of adopting and amending administrative

  8  rules and regulations governing the details of the operation

  9  and use of the common elements.

10         (b)  Restrictions on and requirements for the use,

11  maintenance, and appearance of the units and the use of the

12  common elements.

13         (c)  Other provisions which are not inconsistent with

14  this chapter or with the declaration, as may be desired.

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

16  Statutes, is amended to read:

17         718.113  Maintenance; limitation upon improvement;

18  display of flag; hurricane shutters.--

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

20  there shall be no material alteration or substantial additions

21  to the common elements or to real property which is

22  association property, except in a manner provided in the

23  declaration as originally recorded or as amended under the

24  procedures provided therein.  If the declaration as originally

25  recorded or as amended under the procedures provided therein

26  does not specify the procedure for approval of material

27  alterations or substantial additions, 75 percent of the total

28  voting interests of the association must approve the

29  alterations or additions.

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

31  substantial addition to, the common elements of any


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  1  condominium operated by a multicondominium association unless

  2  approved in the manner provided in the declaration of the

  3  affected condominium or condominiums as originally recorded or

  4  as amended under the procedures provided therein. If a

  5  declaration as originally recorded or as amended under the

  6  procedures provided therein does not specify a procedure for

  7  approving such an alteration or addition, the approval of 75

  8  percent of the total voting interests of each affected

  9  condominium is required. This subsection does not prohibit a

10  provision in any declaration, articles of incorporation, or

11  bylaws as originally recorded or as amended under the

12  procedures provided therein requiring the approval of unit

13  owners in any condominium operated by the same association or

14  requiring board approval before a material alteration or

15  substantial addition to the common elements is permitted. This

16  paragraph is intended to clarify existing law and applies to

17  associations existing on the effective date of this act.

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

19  substantial addition made to association real property

20  operated by a multicondominium association, except as provided

21  in the declaration, articles of incorporation, or bylaws as

22  originally recorded or as amended under the procedures

23  provided therein. If the declaration, articles of

24  incorporation, or bylaws as originally recorded or as amended

25  under the procedures provided therein do not specify the

26  procedure for approving an alteration or addition to

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

28  total voting interests of the association is required. This

29  paragraph is intended to clarify existing law and applies to

30  associations existing on the effective date of this act.

31


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  1         Section 8.  Paragraphs (b) and (c) of subsection (1) of

  2  section 718.115, Florida Statutes, are amended to read:

  3         718.115  Common expenses and common surplus.--

  4         (1)

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

  6  multicondominium are the common expenses directly attributable

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

  8  multicondominium association do not include the common

  9  expenses directly attributable to the operation of any

10  specific condominium or condominiums within the

11  multicondominium. This paragraph is intended to clarify

12  existing law and applies to associations existing on the

13  effective date of this act.

14         (c)  The common expenses of a multicondominium

15  association may include categories of expenses related to the

16  property or common elements within a specific condominium in

17  the multicondominium if such property or common elements are

18  areas in which all members of the multicondominium association

19  have use rights or from which all members receive tangible

20  economic benefits. Such common expenses of the association

21  shall be identified in the declaration or bylaws as originally

22  recorded or as amended under the procedures provided therein

23  of each condominium within the multicondominium association.

24  This paragraph is intended to clarify existing law and applies

25  to associations existing on the effective date of this act.

26         Section 9.  Subsection (5) is added to section

27  718.1255, Florida Statutes, to read:

28         718.1255  Alternative dispute resolution; voluntary

29  mediation; mandatory nonbinding arbitration; legislative

30  findings.--

31


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  1         (5)  DISPUTES INVOLVING ELECTION IRREGULARITIES.--Every

  2  arbitration petition received by the division and required to

  3  be filed under this section challenging the legality of the

  4  election of any director of the board of administration must

  5  be handled on an expedited basis in the manner provided by the

  6  division's rules for recall arbitration disputes.

  7         Section 10.  Subsections (1) and (4) of section

  8  718.405, Florida Statutes, are amended to read:

  9         718.405  Multicondominiums; multicondominium

10  associations.--

11         (1)  An association may operate more than one

12  condominium. For multicondominiums created on or after July 1,

13  2000, if the declaration for each condominium to be operated

14  by that association must provide provides for participation in

15  a multicondominium, in conformity with this section, and

16  disclose discloses or describe describes:

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

18  liabilities, common surplus, and common expenses of the

19  association will be apportioned among the units within the

20  condominiums operated by the association, in accordance with

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

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

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

24  recreational areas or any other facilities or amenities that

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

26  specific formula by which the other users will share the

27  common expenses related to those facilities or amenities.

28         (c)  Recreational and other commonly used facilities or

29  amenities which the developer has committed to provide that

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

31  the association but which are not included within any


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  1  condominium operated by the association. The developer may

  2  reserve the right to add additional facilities or amenities if

  3  the declaration and prospectus for each condominium to be

  4  operated by the association contains the following statement

  5  in conspicuous type and in substantially the following form:

  6  RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT

  7  CONSENT OF UNIT OWNERS OR THE ASSOCIATION.

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

  9  election of directors and in other multicondominium

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

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

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

13  vote in all matters voted upon.

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

15  formation of a multicondominium by the merger or consolidation

16  of two or more condominium associations. Mergers or

17  consolidations of associations shall be accomplished in

18  accordance with this chapter, the declarations of the

19  condominiums being merged or consolidated, and chapter 617.

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

21  declarations necessary to effect a merger or consolidation.

22  This section is intended to clarify existing law and applies

23  to associations existing on the effective date of this act.

24         Section 11.  Subsection (2) of section 718.503, Florida

25  Statutes, is amended to read:

26         718.503  Developer disclosure prior to sale;

27  nondeveloper unit owner disclosure prior to sale;

28  voidability.--

29         (2)  NONDEVELOPER DISCLOSURE.--

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

31  by this chapter shall comply with the provisions of this


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

  2  prospective purchaser who has entered into a contract for the

  3  purchase of a condominium unit is entitled, at the seller's

  4  expense, to a current copy of the declaration of condominium,

  5  articles of incorporation of the association, bylaws, and

  6  rules of the association, as well as a copy of the question

  7  and answer sheet provided for by s. 718.504 and a copy of the

  8  financial information required by s. 718.111.

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

10  provides to or otherwise obtains for a prospective purchaser

11  the documents described in this subsection, the person is not

12  liable for any error or inaccuracy contained in the documents.

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

14  the resale of a residential unit shall contain in conspicuous

15  type either:

16         1.  A clause which states:  THE BUYER HEREBY

17  ACKNOWLEDGES THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF

18  THE DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION OF

19  THE ASSOCIATION, BYLAWS, RULES OF THE ASSOCIATION, AND A COPY

20  OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND THE

21  QUESTION AND ANSWER SHEET MORE THAN 3 DAYS, EXCLUDING

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

23  THIS CONTRACT; or

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

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

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

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

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

29  DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS,

30  AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST RECENT

31  YEAR-END FINANCIAL INFORMATION AND QUESTION AND ANSWER SHEET


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  1  IF SO REQUESTED IN WRITING. ANY PURPORTED WAIVER OF THESE

  2  VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER MAY EXTEND THE

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

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

  5  BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION,

  6  BYLAWS, AND RULES, AND QUESTION AND ANSWER SHEET IF REQUESTED

  7  IN WRITING.  BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL

  8  TERMINATE AT CLOSING.

  9

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

11  paragraph is voidable at the option of the purchaser prior to

12  closing.

13         Section 12.  Subsection (15) of section 718.504,

14  Florida Statutes, is amended to read:

15         718.504  Prospectus or offering circular.--Every

16  developer of a residential condominium which contains more

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

18  residential condominiums which will be served by property to

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

20  units, shall prepare a prospectus or offering circular and

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

22  and Mobile Homes prior to entering into an enforceable

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

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

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

26  the prospectus or offering circular, each buyer shall be

27  furnished a separate page entitled "Frequently Asked Questions

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

29  approved by the division and a copy of the financial

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

31  readable language, inform prospective purchasers regarding


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  1  their voting rights and unit use restrictions, including

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

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

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

  5  other commonly used facilities; shall contain a statement

  6  identifying that amount of assessment which, pursuant to the

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

  8  special assessments, and which shall further identify the

  9  basis upon which assessments are levied, whether monthly,

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

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

12  in which the association may face liability in excess of

13  $100,000; and which shall further state whether membership in

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

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

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

17  judgment will assist prospective purchasers. The prospectus or

18  offering circular may include more than one condominium,

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

20  the date of the prospectus or offering circular.  The

21  prospectus or offering circular must contain the following

22  information:

23         (15)  If a the condominium created on or after July 1,

24  2000, is or may become part of a multicondominium, the

25  following information must be provided:

26         (a)  A statement in conspicuous type in substantially

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

28  MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL

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

30  following this statement, the location in the prospectus or

31


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  1  offering circular and its exhibits where the multicondominium

  2  aspects of the offering are described must be stated.

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

  4  articles of incorporation, and bylaws which establish and

  5  provide for the operation of the multicondominium, including a

  6  statement as to whether unit owners in the condominium will

  7  have the right to use recreational or other facilities located

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

  9  same association, and the manner of sharing the common

10  expenses related to such facilities.

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

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

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

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

15  will be finally determined.

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

17  in the multicondominium may include units intended to be used

18  for nonresidential purposes and the purpose or purposes

19  permitted for such use.

20         (e)  A general description of the location and

21  approximate acreage of any land on which any additional

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

23         Section 13.  Section 718.701, Florida Statutes, is

24  created to read:

25         718.701  Definitions.--As used in ss. 718.701-718.704,

26  the term:

27         (1)  "Affected owner" means a condominium unit owner or

28  homeowner that has use rights in the common property or

29  facilities administered by the master association.

30         (2)  "Master association" means any entity not covered

31  under the definition of "association" in s. 718.103(2) which


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  1  has been given control or decision-making authority over real

  2  property or facilities serving one or more condominiums under

  3  its governing documents, and which receives moneys funded by

  4  mandatory dues or assessments paid by affected owners, whether

  5  or not the master association has a governing body that

  6  includes representatives of the condominium association. The

  7  term does not include an entity that is granted management or

  8  maintenance responsibility under a service contract with a

  9  single association. The term also does not include any entity

10  that has been granted or assigned decision-making authority

11  over real property or facilities that include, in whole or in

12  part, a timeshare plan as defined in s. 721.03, or any entity

13  governed under chapter 720, until control of the association

14  has been relinquished by the developer.

15         (3)  "Master association documents" means any

16  declaration of covenants and restrictions or other

17  organizational document that governs the property administered

18  by the master association and includes the bylaws and the

19  articles of incorporation of the master association.

20         (4)  "Member" means a member of the master association

21  as designated by the master association documents.

22         (5)  "Revenues" means all regular or special

23  assessments for reserves, operating or other expenses, and all

24  other sources of revenue, including interest, user fees,

25  developer subsidies, litigation proceeds, and insurance

26  proceeds.

27         Section 14.  Section 718.702, Florida Statutes, is

28  created to read:

29         718.702  Master association meetings; records.--

30         (1)  Meetings of a master association board at which a

31  quorum of board members are present are open to the members of


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  1  the master association and affected owners. Meetings between

  2  the board or a committee and the master association attorney

  3  with respect to proposed or pending litigation, or board or

  4  committee meetings pertaining to legal advice, are not open to

  5  the membership of the master association, and notice to the

  6  membership is not required.

  7         (a)  Adequate meeting notice in the manner provided in

  8  s. 718.112(2)(c) shall be given to affected owners, and the

  9  affected owners are entitled to the rights provided in s.

10  718.112(2)(c).

11         (b)  The right to attend such meetings includes the

12  right to speak with reference to all designated agenda items.

13  The master association may adopt written reasonable rules

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

15  statements.

16         (2)  Subsection 718.111(12) applies to master

17  associations, except that references to unit owners contained

18  in that subsection apply to members and affected owners, and

19  references to condominium documents therein refer to the

20  master association documents.

21         Section 15.  Section 718.703, Florida Statutes, is

22  created to read:

23         718.703  Powers of Division of Florida Land Sales,

24  Condominiums, and Mobile Homes over master associations.--On

25  demand by the division, any condominium association must

26  notify the division of any master association with which it is

27  associated which is pertinent to any inquiry or investigation

28  regarding the rights of individual unit owners, and must

29  provide copies of documents that establish and govern the

30  relationship between the association and the master

31  association.


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  1         Section 16.  Section 718.704, Florida Statutes, is

  2  created to read:

  3         718.704  Financial reporting.--

  4         (1)  If total annual revenue of a master association is

  5  $100,000 or less, the association shall obtain from the master

  6  association for inclusion in the association's records a

  7  complete cash basis financial report of actual receipts and

  8  expenditures for the prior fiscal year.

  9         (2)  If total annual revenue of a master association

10  exceeds $100,000, the association shall prepare a complete set

11  of financial statements in accordance with generally accepted

12  accounting principles as follows:

13         (a)  If total annual revenue of the master association

14  exceeds $100,000 but is less than $200,000, the association

15  shall obtain from the master association for inclusion in the

16  association's records compiled financial statements.

17         (b)  If total annual revenue of the master association

18  exceeds $200,000 but is less than $400,000, the association

19  shall obtain from the master association for inclusion in the

20  association's records reviewed financial statements.

21         (c)  If total annual revenue of the master association

22  exceeds $400,000, the association shall obtain from the master

23  association for inclusion in the association's records audited

24  financial statements.

25         (3)  Master associations may exceed these reporting

26  requirements.

27         (4)  The association shall obtain the financial reports

28  or statements within 90 days following the end of the fiscal

29  year to which the reports or statements relate. The

30  condominium association shall make the reports or statements

31  available to condominium unit owners in the manner and form


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  1  required under its governing documents, but no later than 14

  2  days after receipt.

  3         (5)  This section does not limit public records or

  4  disclosure requirements that are required of a master

  5  association or association under their governing documents or

  6  under any other provision of law; however, the financial

  7  reporting requirements of this section satisfy the financial

  8  reporting requirements of s. 720.303(7).

  9         Section 17.  This act shall take effect July 1, 2002.

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