HB 0165 2003
1	CHAMBER ACTION
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6	The Committee on Judiciary recommends the following:
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8	Committee Substitute
9	Remove the entire bill and insert:
10	A bill to be entitled
11	An act relating to homeowners’ associations; amending s.
12	702.09, F.S.; redefining the term “mortgage” to include
13	liens created pursuant to a homeowners’ association as
14	defined in s. 712.01, F.S.; amending s. 718.111, F.S.;
15	revising language with respect to official records of the
16	condominium association authorizing the association to
17	provide certain information to prospective purchasers or
18	lienholders under certain circumstances; providing for
19	immunity from liability; authorizing fees; establishing
20	insurance requirements for condominium associations and
21	individual unit owners; amending s. 718.112, F.S.;
22	revising language with respect to condominium bylaws to
23	allow the use of limited proxies for votes taken to waive
24	certain financial reporting requirements; prohibiting the
25	requirement of retrofitting condominiums for enhanced fire
26	protection systems under certain circumstances; amending
27	s. 718.303, F.S.; providing that certain actions with
28	respect to the obligation of condominium owners shall not
29	be deemed actions for specific performance; amending s.
30	719.104, F.S.; revising language with respect to official
31	records of the cooperative association authorizing the
32	association to provide certain information to prospective
33	purchasers or lienholders under certain circumstances;
34	providing for immunity from liability; authorizing fees;
35	amending s. 719.303, F.S.; providing that certain actions
36	with respect to the obligation of cooperative owners shall
37	not be deemed actions for specific performance; amending
38	s. 720.302, F.S.; providing that corporations not for
39	profit that operate residential homeowners’ associations
40	shall be governed by and subject to the provisions of ch.
41	617, F.S.; amending s. 719.1055, F.S.; prohibiting the
42	requirement of retrofitting cooperatives for enhanced fire
43	protection under certain circumstances; providing an
44	effective date.
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46	Be It Enacted by the Legislature of the State of Florida:
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48	Section 1. Section 702.09, Florida Statutes, is amended to
49	read:
50	702.09 Definitions.--For the purposes of ss. 702.07 and
51	702.08 the words "decree of foreclosure" shall include a
52	judgment or order rendered or passed in the foreclosure
53	proceedings in which the decree of foreclosure shall be
54	rescinded, vacated, and set aside; the word "mortgage" shall
55	mean any written instrument securing the payment of money or
56	advances and includes liens to secure payment of assessments
57	arising under chapters 718 and 719 and liens created pursuant to
58	the recorded covenants of a homeowners’ association as defined
59	in s. 712.01; the word "debt" shall include promissory notes,
60	bonds, and all other written obligations given for the payment
61	of money; the words "foreclosure proceedings" shall embrace
62	every action in the circuit or county courts of this state
63	wherein it is sought to foreclose a mortgage and sell the
64	property covered by the same; and the word "property" shall mean
65	and include both real and personal property.
66	Section 2. Subsections (11) and (12) of section 718.111,
67	Florida Statutes, are amended to read:
68	718.111 The association.--
69	(11) INSURANCE.--In order to protect the safety, health,
70	and welfare of the citizens of the State of Florida and to
71	ensure consistency in the provision of insurance coverage to
72	condominiums and their unit owners, paragraphs (b) and (c) are
73	deemed to apply to every condominium in the state regardless of
74	the date of its declaration of condominium.
75	(a) A unit-owner controlled association shall use its best
76	efforts to obtain and maintain adequate insurance to protect the
77	association, the association property, the common elements, and
78	the condominium property required to be insured by the
79	association pursuant to paragraph (b). If the association is
80	developer controlled, the association shall exercise due
81	diligence to obtain and maintain such insurance. Failure to
82	obtain and maintain adequate insurance during any period of
83	developer control shall constitute a breach of fiduciary
84	responsibility by the developer-appointed members of the board
85	of directors of the association, unless said members can show
86	that despite such failure, they have exercised due diligence.
87	The declaration of condominium as originally recorded, or
88	amended pursuant to the procedures provided therein, may require
89	that condominium property consisting of freestanding buildings,
90	where there is no more than one building in or on such unit,
91	need not be insured by the association if the declaration
92	requires the unit owner to obtain adequate insurance for the
93	condominium property.An association may also obtain and
94	maintain liability insurance for directors and officers,
95	insurance for the benefit of association employees, and flood
96	insurance for common elements, association property, and units.
97	Adequate insurance, regardless of any requirement in the
98	declaration of condominium for coverage by the association for
99	“full insurable value,” “replacement cost,” or the like, may
100	include reasonable deductibles, as determined by the board.An
101	association or group of associations may self-insure against
102	claims against the association, the association property, and
103	the condominium property required to be insured by an
104	association, upon compliance with ss. 624.460-624.488. A copy of
105	each policy of insurance in effect shall be made available for
106	inspection by unit owners at reasonable times.
107	(b) Every hazard insurance policy which is issued or
108	renewed on or after January 1, 2004, to protect thea
109	condominium building shall provide primary coverage for:
110	1. Portions of the condominium property located outside
111	the units;
112	2. The condominium property located inside the units as
113	such property was initially installed, or replacements thereof
114	of like kind and quality, and in accordance with the original
115	plans and specifications, or if the original plans and
116	specifications are not available, as they existed at the time
117	the unit was initially conveyed; and
118	3. Portions of the condominium property for which the
119	declaration of condominium requires coverage by the association.
120
121	Anything to the contrary notwithstanding, the terms “condominium
122	property,” “building,” “improvements,” “insurable improvements,”
123	“common elements,” “association property,” and any other term
124	found in the declaration of condominium which defines the scope
125	of property or casualty insurance which a condominium
126	association must obtain shall exclude all floor, wall, and
127	ceiling coverings,that the word "building" wherever used in the
128	policy include, but not necessarily be limited to, fixtures,
129	installations, or additions comprising that part of the building
130	within the unfinished interior surfaces of the perimeter walls,
131	floors, and ceilings of the individual units initially
132	installed, or replacements thereof of like kind or quality, in
133	accordance with the original plans and specifications, or as
134	they existed at the time the unit was initially conveyed if the
135	original plans and specifications are not available. However,
136	unless prior to October 1, 1986, the association is required by
137	the declaration to provide coverage therefor, the word
138	"building" does not include unit floor coverings, wall
139	coverings, or ceiling coverings, and, as to contracts entered
140	into after July 1, 1992, does not include the following
141	equipment if it is located within a unit and the unit owner is
142	required to repair or replace such equipment:electrical
143	fixtures, appliances, air conditioner or heating equipment,
144	water heaters, water filters,or built-in cabinets and
145	countertops and window treatments, including curtains, drapes,
146	blinds, hardware and similar window treatment components, or
147	replacements of any of the foregoing, which are located within
148	the boundaries of a unit and serve only one unit and all air
149	conditioning compressors that service only an individual unit,
150	whether or not located within the unit boundaries. The foregoing
151	is intended to establish the property or casualty insuring
152	responsibilities of the association and those of the individual
153	unit owner and do not serve to broaden or extend the perils of
154	coverage afforded by any insurance contract provided to the
155	individual unit owner. From and after January 1, 2004, the
156	association shall have the authority to amend the declaration of
157	condominium, without regard to any requirement for mortgagee
158	approval of amendments affecting insurance requirements, to
159	conform the declaration of condominium to the coverage
160	requirements of this section.With respect to the coverage
161	provided for by this paragraph, the unit owners shall be
162	considered additional insureds under the policy.
163	(c) Every hazard insurance policy issued or renewed on or
164	after January 1, 2004,to an individual unit owner shall provide
165	that the coverage afforded by such policy is excess over the
166	amount recoverable under any other policy covering the same
167	property. Every insurance policy issued to an individual unit
168	owner providing such coverage shall bewithout rights of
169	subrogation against the condominium association which operates
170	the condominium in which such unit owner’s unit is located. All
171	real or personal property located within the boundaries of the
172	unit owner’s unit which are excluded from the coverage to be
173	provided by the association as set forth in paragraph (b) are to
174	be insured by the individual unit owner.
175	(d) The association shall obtain and maintain adequate
176	insurance or fidelity bonding of all persons who control or
177	disburse funds of the association. The insurance policy or
178	fidelity bond must cover the maximum funds that will be in the
179	custody of the association or its management agent at any one
180	time. As used in this paragraph, the term "persons who control
181	or disburse funds of the association" includes, but is not
182	limited to, those individuals authorized to sign checks and the
183	president, secretary, and treasurer of the association. The
184	association shall bear the cost of bonding.
185	(12) OFFICIAL RECORDS.--
186	(a) From the inception of the association, the association
187	shall maintain each of the following items, when applicable,
188	which shall constitute the official records of the association:
189	1. A copy of the plans, permits, warranties, and other
190	items provided by the developer pursuant to s. 718.301(4).
191	2. A photocopy of the recorded declaration of condominium
192	of each condominium operated by the association and of each
193	amendment to each declaration.
194	3. A photocopy of the recorded bylaws of the association
195	and of each amendment to the bylaws.
196	4. A certified copy of the articles of incorporation of
197	the association, or other documents creating the association,
198	and of each amendment thereto.
199	5. A copy of the current rules of the association.
200	6. A book or books which contain the minutes of all
201	meetings of the association, of the board of directors, and of
202	unit owners, which minutes shall be retained for a period of not
203	less than 7 years.
204	7. A current roster of all unit owners and their mailing
205	addresses, unit identifications, voting certifications, and, if
206	known, telephone numbers.
207	8. All current insurance policies of the association and
208	condominiums operated by the association.
209	9. A current copy of any management agreement, lease, or
210	other contract to which the association is a party or under
211	which the association or the unit owners have an obligation or
212	responsibility.
213	10. Bills of sale or transfer for all property owned by
214	the association.
215	11. Accounting records for the association and separate
216	accounting records for each condominium which the association
217	operates. All accounting records shall be maintained for a
218	period of not less than 7 years. The accounting records shall
219	include, but are not limited to:
220	a. Accurate, itemized, and detailed records of all
221	receipts and expenditures.
222	b. A current account and a monthly, bimonthly, or
223	quarterly statement of the account for each unit designating the
224	name of the unit owner, the due date and amount of each
225	assessment, the amount paid upon the account, and the balance
226	due.
227	c. All audits, reviews, accounting statements, and
228	financial reports of the association or condominium.
229	d. All contracts for work to be performed. Bids for work
230	to be performed shall also be considered official records and
231	shall be maintained for a period of 1 year.
232	12. Ballots, sign-in sheets, voting proxies, and all other
233	papers relating to voting by unit owners, which shall be
234	maintained for a period of 1 year from the date of the election,
235	vote, or meeting to which the document relates.
236	13. All rental records, when the association is acting as
237	agent for the rental of condominium units.
238	14. A copy of the current question and answer sheet as
239	described by s. 718.504.
240	15. All other records of the association not specifically
241	included in the foregoing which are related to the operation of
242	the association.
243	(b) The official records of the association shall be
244	maintained within the state. The records of the association
245	shall be made available to a unit owner within 5 working days
246	after receipt of written request by the board or its designee.
247	This paragraph may be complied with by having a copy of the
248	official records of the association available for inspection or
249	copying on the condominium property or association property.
250	(c) The official records of the association are open to
251	inspection by any association member or the authorized
252	representative of such member at all reasonable times. The right
253	to inspect the records includes the right to make or obtain
254	copies, at the reasonable expense, if any, of the association
255	member. The association may adopt reasonable rules regarding the
256	frequency, time, location, notice, and manner of record
257	inspections and copying. The failure of an association to
258	provide the records within 10 working days after receipt of a
259	written request shall create a rebuttable presumption that the
260	association willfully failed to comply with this paragraph. A
261	unit owner who is denied access to official records is entitled
262	to the actual damages or minimum damages for the association's
263	willful failure to comply with this paragraph. The minimum
264	damages shall be $50 per calendar day up to 10 days, the
265	calculation to begin on the 11th working day after receipt of
266	the written request. The failure to permit inspection of the
267	association records as provided herein entitles any person
268	prevailing in an enforcement action to recover reasonable
269	attorney's fees from the person in control of the records who,
270	directly or indirectly, knowingly denied access to the records
271	for inspection. The association shall maintain an adequate
272	number of copies of the declaration, articles of incorporation,
273	bylaws, and rules, and all amendments to each of the foregoing,
274	as well as the question and answer sheet provided for in s.
275	718.504 and year-end financial information required in this
276	section on the condominium property to ensure their availability
277	to unit owners and prospective purchasers, and may charge its
278	actual costs for preparing and furnishing these documents to
279	those requesting the same. Notwithstanding the provisions of
280	this paragraph, the following records shall not be accessible to
281	unit owners:
282	1. Any record protected by the lawyer-client privilege as
283	described in s. 90.502; and any record protected by the work-
284	product privilege, including any record prepared by an
285	association attorney or prepared at the attorney's express
286	direction; which reflects a mental impression, conclusion,
287	litigation strategy, or legal theory of the attorney or the
288	association, and which was prepared exclusively for civil or
289	criminal litigation or for adversarial administrative
290	proceedings, or which was prepared in anticipation of imminent
291	civil or criminal litigation or imminent adversarial
292	administrative proceedings until the conclusion of the
293	litigation or adversarial administrative proceedings.
294	2. Information obtained by an association in connection
295	with the approval of the lease, sale, or other transfer of a
296	unit.
297	3. Medical records of unit owners.
298	(d) The association shall prepare a question and answer
299	sheet as described in s. 718.504, and shall update it annually.
300	(e) The association or its authorized agent shall not be
301	required to provide a prospective purchaser or lienholder with
302	information about the condominium or the association other than
303	information or documents required by this chapter to be made
304	available or disclosed.
305	1. If, for the convenience of the members, the association
306	elects to provide requested information not required by law to
307	be made available or disclosed to prospective purchasers or
308	lienholders, the association may do so, and the association and
309	its authorized agent shall be immune from suit by any person or
310	entity for information given in good faith if the association or
311	its authorized agent accompanies such information with a written
312	statement in substantially the following form:
313
314	The information contained herein, to the extent not
315	required to be provided by the Florida Condominium
316	Act, is provided without warranty or certification of
317	any sort. Reliance on the accuracy of this
318	information, if provided in good faith, is at the sole
319	risk of the person or entity choosing to rely thereon.
320	You are encouraged to review original documentation
321	that may be available rather than relying on
322	summaries, compilations, statements of opinion, or
323	anecdotal information which may be the source of our
324	information. Florida law provides immunity from suit
325	for good faith information, even if it is later
326	determined to be inaccurate.
327
328	2. The association or its authorized agent shall be
329	entitled to charge a reasonable fee to the prospective
330	purchaser, lienholder, or the current unit owner for its time in
331	providing good faith responses to requests for information by or
332	on behalf of a prospective purchaser or lienholder, other than
333	that required by law, provided that such fee shall not exceed
334	$150 plus the reasonable cost of photocopying and any attorney’s
335	fees incurred by the association.
336	Section 3. Paragraphs (b) and (l) of subsection (2) of
337	section 718.112, Florida Statutes, are amended to read:
338	718.112 Bylaws.--
339	(2) REQUIRED PROVISIONS.--The bylaws shall provide for the
340	following and, if they do not do so, shall be deemed to include
341	the following:
342	(b) Quorum; voting requirements; proxies.--
343	1. Unless a lower number is provided in the bylaws, the
344	percentage of voting interests required to constitute a quorum
345	at a meeting of the members shall be a majority of the voting
346	interests. Unless otherwise provided in this chapter or in the
347	declaration, articles of incorporation, or bylaws, and except as
348	provided in subparagraph (d)3., decisions shall be made by
349	owners of a majority of the voting interests represented at a
350	meeting at which a quorum is present.
351	2. Except as specifically otherwise provided herein, after
352	January 1, 1992, unit owners may not vote by general proxy, but
353	may vote by limited proxies substantially conforming to a
354	limited proxy form adopted by the division. Limited proxies and
355	general proxies may be used to establish a quorum. Limited
356	proxies shall be used for votes taken to waive or reduce
357	reserves in accordance with subparagraph (f)2.; for votes taken
358	to waive the financial reporting requirements of s. 718.111(13);
359	for votes taken to amend the declaration pursuant to s. 718.110;
360	for votes taken to amend the articles of incorporation or bylaws
361	pursuant to this section; and for any other matter for which
362	this chapter requires or permits a vote of the unit owners.
363	Except as provided in paragraph (d), after January 1, 1992, no
364	proxy, limited or general, shall be used in the election of
365	board members. General proxies may be used for other matters for
366	which limited proxies are not required, and may also be used in
367	voting for nonsubstantive changes to items for which a limited
368	proxy is required and given. Notwithstanding the provisions of
369	this subparagraph, unit owners may vote in person at unit owner
370	meetings. Nothing contained herein shall limit the use of
371	general proxies or require the use of limited proxies for any
372	agenda item or election at any meeting of a timeshare
373	condominium association.
374	3. Any proxy given shall be effective only for the
375	specific meeting for which originally given and any lawfully
376	adjourned meetings thereof. In no event shall any proxy be valid
377	for a period longer than 90 days after the date of the first
378	meeting for which it was given. Every proxy is revocable at any
379	time at the pleasure of the unit owner executing it.
380	4. A member of the board of administration or a committee
381	may submit in writing his or her agreement or disagreement with
382	any action taken at a meeting that the member did not attend.
383	This agreement or disagreement may not be used as a vote for or
384	against the action taken and may not be used for the purposes of
385	creating a quorum.
386	5. When any of the board or committee members meet by
387	telephone conference, those board or committee members attending
388	by telephone conference may be counted toward obtaining a quorum
389	and may vote by telephone. A telephone speaker must be used so
390	that the conversation of those board or committee members
391	attending by telephone may be heard by the board or committee
392	members attending in person as well as by any unit owners
393	present at a meeting.
394	(l) Certificate of compliance.--There shall be a provision
395	that a certificate of compliance from a licensed electrical
396	contractor or electrician may be accepted by the association's
397	board as evidence of compliance of the condominium units to the
398	applicable fire and life safety code. Notwithstanding the
399	provisions of chapter 633 or of any other statute, ordinance,
400	administrative rule, or regulation, or any interpretation of the
401	foregoing, no association, condominium, or unit owner shall be
402	obligated to retrofit the common elements or units of a
403	residential condominium with a fire sprinkler system in a
404	building that has been certified for occupancy by the applicable
405	governmental entity, provided that the unit owners have voted to
406	forego such retrofitting by the affirmative vote of two-thirds
407	of all voting interests. Such vote may be taken at a duly
408	noticed meeting or by written consent without a meeting, and
409	shall be effective upon the recording of a duly executed
410	certificate attesting to such vote in the public records for the
411	county where the condominium is located. Such vote shall be held
412	biannually or, by majority vote of the board of directors of the
413	condominium association, at the next annual meeting. As part of
414	the information collected annually from condominiums by the
415	division, it shall require condominium associations to report
416	the membership vote and recording of a certificate under this
417	subsection and, if retrofitting has been undertaken, the per-
418	unit cost of such work. The division shall annually report to
419	the Department of Insurance, State Fire Marshal’s Office, the
420	number of condominiums that have elected to forego retrofitting.
421	Section 4. Subsection (1) of section 718.303, Florida
422	Statutes, is amended to read:
423	718.303 Obligations of owners; waiver; levy of fine
424	against unit by association.--
425	(1) Each unit owner, each tenant and other invitee, and
426	each association shall be governed by, and shall comply with the
427	provisions of, this chapter, the declaration, the documents
428	creating the association, and the association bylaws and the
429	provisions thereof shall be deemed expressly incorporated into
430	any lease of a unit. Actions for damages or for injunctive
431	relief, or both, for failure to comply with these provisions may
432	be brought by the association or by a unit owner against:
433	(a) The association.
434	(b) A unit owner.
435	(c) Directors designated by the developer, for actions
436	taken by them prior to the time control of the association is
437	assumed by unit owners other than the developer.
438	(d) Any director who willfully and knowingly fails to
439	comply with these provisions.
440	(e) Any tenant leasing a unit, and any other invitee
441	occupying a unit.
442
443	The prevailing party in any such action or in any action in
444	which the purchaser claims a right of voidability based upon
445	contractual provisions as required in s. 718.503(1)(a) is
446	entitled to recover reasonable attorney's fees. A unit owner
447	prevailing in an action between the association and the unit
448	owner under this section, in addition to recovering his or her
449	reasonable attorney's fees, may recover additional amounts as
450	determined by the court to be necessary to reimburse the unit
451	owner for his or her share of assessments levied by the
452	association to fund its expenses of the litigation. This relief
453	does not exclude other remedies provided by law. Actions arising
454	under this subsection shall not be deemed to be actions for
455	specific performance.
456	Section 5. Subsection (2) of section 719.104, Florida
457	Statutes, is amended to read:
458	719.104 Cooperatives; access to units; records; financial
459	reports; assessments; purchase of leases.--
460	(2) OFFICIAL RECORDS.--
461	(a) From the inception of the association, the association
462	shall maintain a copy of each of the following, where
463	applicable, which shall constitute the official records of the
464	association:
465	1. The plans, permits, warranties, and other items
466	provided by the developer pursuant to s. 719.301(4).
467	2. A photocopy of the cooperative documents.
468	3. A copy of the current rules of the association.
469	4. A book or books containing the minutes of all meetings
470	of the association, of the board of directors, and of the unit
471	owners, which minutes shall be retained for a period of not less
472	than 7 years.
473	5. A current roster of all unit owners and their mailing
474	addresses, unit identifications, voting certifications, and, if
475	known, telephone numbers.
476	6. All current insurance policies of the association.
477	7. A current copy of any management agreement, lease, or
478	other contract to which the association is a party or under
479	which the association or the unit owners have an obligation or
480	responsibility.
481	8. Bills of sale or transfer for all property owned by the
482	association.
483	9. Accounting records for the association and separate
484	accounting records for each unit it operates, according to good
485	accounting practices. All accounting records shall be maintained
486	for a period of not less than 7 years. The accounting records
487	shall include, but not be limited to:
488	a. Accurate, itemized, and detailed records of all
489	receipts and expenditures.
490	b. A current account and a monthly, bimonthly, or
491	quarterly statement of the account for each unit designating the
492	name of the unit owner, the due date and amount of each
493	assessment, the amount paid upon the account, and the balance
494	due.
495	c. All audits, reviews, accounting statements, and
496	financial reports of the association.
497	d. All contracts for work to be performed. Bids for work
498	to be performed shall also be considered official records and
499	shall be maintained for a period of 1 year.
500	10. Ballots, sign-in sheets, voting proxies, and all other
501	papers relating to voting by unit owners, which shall be
502	maintained for a period of 1 year after the date of the
503	election, vote, or meeting to which the document relates.
504	11. All rental records where the association is acting as
505	agent for the rental of units.
506	12. A copy of the current question and answer sheet as
507	described in s. 719.504.
508	13. All other records of the association not specifically
509	included in the foregoing which are related to the operation of
510	the association.
511	(b) The official records of the association shall be
512	maintained within the state. The records of the association
513	shall be made available to a unit owner within 5 working days
514	after receipt of written request by the board or its designee.
515	This paragraph may be complied with by having a copy of the
516	official records available for inspection or copying on the
517	cooperative property.
518	(c) The official records of the association shall be open
519	to inspection by any association member or the authorized
520	representative of such member at all reasonable times. Failure
521	to permit inspection of the association records as provided
522	herein entitles any person prevailing in an enforcement action
523	to recover reasonable attorney's fees from the person in control
524	of the records who, directly or indirectly, knowingly denies
525	access to the records for inspection. The right to inspect the
526	records includes the right to make or obtain copies, at the
527	reasonable expense, if any, of the association member. The
528	association may adopt reasonable rules regarding the frequency,
529	time, location, notice, and manner of record inspections and
530	copying. The failure of an association to provide the records
531	within 10 working days after receipt of a written request
532	creates a rebuttable presumption that the association willfully
533	failed to comply with this paragraph. A unit owner who is denied
534	access to official records is entitled to the actual damages or
535	minimum damages for the association's willful failure to comply
536	with this paragraph. The minimum damages shall be $50 per
537	calendar day up to 10 days, the calculation to begin on the 11th
538	day after receipt of the written request. The association shall
539	maintain an adequate number of copies of the declaration,
540	articles of incorporation, bylaws, and rules, and all amendments
541	to each of the foregoing, as well as the question and answer
542	sheet provided for in s. 719.504, on the cooperative property to
543	ensure their availability to unit owners and prospective
544	purchasers, and may charge its actual costs for preparing and
545	furnishing these documents to those requesting the same.
546	Notwithstanding the provisions of this paragraph, the following
547	records shall not be accessible to unit owners:
548	1. A record that was prepared by an association attorney
549	or prepared at the attorney's express direction; that reflects a
550	mental impression, conclusion, litigation strategy, or legal
551	theory of the attorney or the association; or that was prepared
552	exclusively for civil or criminal litigation or for adversarial
553	administrative proceedings or in anticipation of imminent civil
554	or criminal litigation or imminent adversarial administrative
555	proceedings, until the conclusion of the litigation or
556	adversarial administrative proceedings.
557	2. Information obtained by an association in connection
558	with the approval of the lease, sale, or other transfer of a
559	unit.
560	3. Medical records of unit owners.
561	(d) The association or its authorized agent shall not be
562	required to provide a prospective purchaser or lienholder with
563	information about the cooperative or association other than the
564	information or documents required by this chapter to be made
565	available or disclosed.
566	1. If, for the convenience of the members, the association
567	elects to provide requested information not required by law to
568	be made available or disclosed to prospective purchasers or
569	lienholders, the association may do so, and the association and
570	its authorized agent shall be immune from suit by any person or
571	entity for information given in good faith if the association or
572	its authorized agent accompanies such information with a written
573	statement in substantially the following form:
574
575	The information contained herein, to the extent not
576	required to be provided by the Florida Cooperative
577	Act, is provided without warranty or certification of
578	any sort. Reliance on the accuracy of this
579	information, if provided in good faith, is at the sole
580	risk of the person or entity choosing to rely thereon.
581	You are encouraged to review original documentation
582	that may be available rather than relying on
583	summaries, compilations, statements of opinion, or
584	anecdotal information which may be the source of our
585	information. Florida law provides immunity from suit
586	for good faith information, even if it is later
587	determined to be inaccurate.
588
589	2. The association or its authorized agent shall be
590	entitled to charge a reasonable fee to the prospective
591	purchaser, lienholder, or the current unit owner for its time in
592	providing good faith responses to requests for information by or
593	on behalf of a prospective purchaser or lienholder, other than
594	that required by law, provided that such fee shall not exceed
595	$150 plus the reasonable cost of photocopying and any attorney’s
596	fees incurred by the association.
597	Section 6. Subsection (1) of section 719.303, Florida
598	Statutes, is amended to read:
599	719.303 Obligations of owners.--
600	(1) Each unit owner, each tenant and other invitee, and
601	each association shall be governed by, and shall comply with the
602	provisions of, this chapter, the cooperative documents, the
603	documents creating the association, and the association bylaws,
604	and the provisions thereof shall be deemed expressly
605	incorporated into any lease of a unit. Actions for damages or
606	for injunctive relief, or both, for failure to comply with these
607	provisions may be brought by the association or by a unit owner
608	against:
609	(a) The association.
610	(b) A unit owner.
611	(c) Directors designated by the developer, for actions
612	taken by them prior to the time control of the association is
613	assumed by unit owners other than the developer.
614	(d) Any director who willfully and knowingly fails to
615	comply with these provisions.
616	(e) Any tenant leasing a unit, and any other invitee
617	occupying a unit.
618
619	The prevailing party in any such action or in any action in
620	which the purchaser claims a right of voidability based upon
621	contractual provisions as required in s. 719.503(1)(a) is
622	entitled to recover reasonable attorney's fees. A unit owner
623	prevailing in an action between the association and the unit
624	owner under this section, in addition to recovering his or her
625	reasonable attorney's fees, may recover additional amounts as
626	determined by the court to be necessary to reimburse the unit
627	owner for his or her share of assessments levied by the
628	association to fund its expenses of the litigation. This relief
629	does not exclude other remedies provided by law. Actions arising
630	under this subsection shall not be deemed to be actions for
631	specific performance.
632	Section 7. Section 720.302, Florida Statutes, is amended
633	to read:
634	720.302 Purposes, scope, and application.--
635	(1) The purposes of ss. 720.301-720.312 are to give
636	statutory recognition to corporations not for profitthat
637	operate residential communities in this state, to provide
638	procedures for operating homeowners' associations, and to
639	protect the rights of association members without unduly
640	impairing the ability of such associations to perform their
641	functions.
642	(2) The Legislature recognizes that it is not in the best
643	interest of homeowners' associations or the individual
644	association members thereof to create or impose a bureau or
645	other agency of state government to regulate the affairs of
646	homeowners' associations. Further, the Legislature recognizes
647	that certain contract rights have been created for the benefit
648	of homeowners' associations and members thereof before the
649	effective date of this act and that ss. 720.301-720.312 are not
650	intended to impair such contract rights, including, but not
651	limited to, the rights of the developer to complete the
652	community as initially contemplated.
653	(3) Sections 720.301-720.312 do not apply to:
654	(a) A community that is composed of property primarily
655	intended for commercial, industrial, or other nonresidential
656	use; or
657	(b) The commercial or industrial parcels in a community
658	that contains both residential parcels and parcels intended for
659	commercial or industrial use.
660	(4) Sections 720.301-720.312 do not apply to any
661	association that is subject to regulation under chapter 718,
662	chapter 719, or chapter 721; or to any nonmandatory association
663	formed under chapter 723.
664	(5) Unless expressly stated to the contrary, corporations
665	not for profit that operate residential homeowners’ associations
666	in this state shall be governed by and subject to the provisions
667	of chapter 617. This provision is intended to clarify existing
668	law.
669	Section 8. Subsection (5) is added to section 719.1055,
670	Florida Statutes, to read:
671	719.1055 Amendment of cooperative documents; alteration
672	and acquisition of property.--
673	(5) Notwithstanding the provisions of chapter 633 or of
674	any other statute, ordinance, administrative rule, or
675	regulation, or any interpretation of the foregoing, no
676	association, cooperative, or unit owner shall be obligated to
677	retrofit the common areas or units of a residential cooperative
678	with a fire sprinkler system or other enhanced fire protection
679	system in a building that has been certified for occupancy by
680	the applicable governmental entity, provided that the unit
681	owners have voted to forego such retrofitting by the affirmative
682	vote of two-thirds of all voting interests. Such vote may be
683	taken at a duly noticed meeting or by written consent without a
684	meeting, and shall be effective upon the recording of a duly
685	executed certificate attesting to such vote in the public
686	records for the county where the cooperative is located. As part
687	of the information collected from cooperatives by the division,
688	it shall require cooperative associations to report the
689	membership vote and recording of a certificate under this
690	subsection and, if retrofitting has been undertaken, the per-
691	unit cost of such work. The division shall annually report to
692	the Department of Financial Services, Division of State Fire
693	Marshal, the number of cooperatives that have elected to forego
694	retrofitting.
695
696	Section 9. This act shall take effect upon becoming a law.
697