HB 0165 2003
1	CHAMBER ACTION
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6	The Committee on Commerce 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; providing
27	for voting conditions; providing for notice; amending s.
28	718.303, F.S.; providing that certain actions with respect
29	to the obligation of condominium owners shall not be
30	deemed actions for specific performance; amending s.
31	719.104, F.S.; revising language with respect to official
32	records of the cooperative association authorizing the
33	association to provide certain information to prospective
34	purchasers or lienholders under certain circumstances;
35	providing for immunity from liability; authorizing fees;
36	amending s. 719.303, F.S.; providing that certain actions
37	with respect to the obligation of cooperative owners shall
38	not be deemed actions for specific performance; amending
39	s. 720.302, F.S.; providing that corporations not for
40	profit that operate residential homeowners’ associations
41	shall be governed by and subject to the provisions of ch.
42	617, F.S.; amending s. 719.1055, F.S.; prohibiting the
43	requirement of retrofitting cooperatives for enhanced fire
44	protection under certain circumstances; providing for
45	voting conditions; providing for notice; requiring certain
46	reports; providing an effective date.
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48	Be It Enacted by the Legislature of the State of Florida:
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50	Section 1. Section 702.09, Florida Statutes, is amended to
51	read:
52	702.09 Definitions.--For the purposes of ss. 702.07 and
53	702.08 the words "decree of foreclosure" shall include a
54	judgment or order rendered or passed in the foreclosure
55	proceedings in which the decree of foreclosure shall be
56	rescinded, vacated, and set aside; the word "mortgage" shall
57	mean any written instrument securing the payment of money or
58	advances and includes liens to secure payment of assessments
59	arising under chapters 718 and 719 and liens created pursuant to
60	the recorded covenants of a homeowners’ association as defined
61	in s. 712.01; the word "debt" shall include promissory notes,
62	bonds, and all other written obligations given for the payment
63	of money; the words "foreclosure proceedings" shall embrace
64	every action in the circuit or county courts of this state
65	wherein it is sought to foreclose a mortgage and sell the
66	property covered by the same; and the word "property" shall mean
67	and include both real and personal property.
68	Section 2. Subsections (11) and (12) of section 718.111,
69	Florida Statutes, are amended to read:
70	718.111 The association.--
71	(11) INSURANCE.--In order to protect the safety, health,
72	and welfare of the citizens of the State of Florida and to
73	ensure consistency in the provision of insurance coverage to
74	condominiums and their unit owners, paragraphs (b) and (c) are
75	deemed to apply to every condominium in the state regardless of
76	the date of its declaration of condominium.
77	(a) A unit-owner controlled association shall use its best
78	efforts to obtain and maintain adequate insurance to protect the
79	association, the association property, the common elements, and
80	the condominium property required to be insured by the
81	association pursuant to paragraph (b). If the association is
82	developer controlled, the association shall exercise due
83	diligence to obtain and maintain such insurance. Failure to
84	obtain and maintain adequate insurance during any period of
85	developer control shall constitute a breach of fiduciary
86	responsibility by the developer-appointed members of the board
87	of directors of the association, unless said members can show
88	that despite such failure, they have exercised due diligence.
89	The declaration of condominium as originally recorded, or
90	amended pursuant to the procedures provided therein, may require
91	that condominium property consisting of freestanding buildings,
92	where there is no more than one building in or on such unit,
93	need not be insured by the association if the declaration
94	requires the unit owner to obtain adequate insurance for the
95	condominium property.An association may also obtain and
96	maintain liability insurance for directors and officers,
97	insurance for the benefit of association employees, and flood
98	insurance for common elements, association property, and units.
99	Adequate insurance, regardless of any requirement in the
100	declaration of condominium for coverage by the association for
101	“full insurable value,” “replacement cost,” or the like, may
102	include reasonable deductibles, as determined by the board.An
103	association or group of associations may self-insure against
104	claims against the association, the association property, and
105	the condominium property required to be insured by an
106	association, upon compliance with ss. 624.460-624.488. A copy of
107	each policy of insurance in effect shall be made available for
108	inspection by unit owners at reasonable times.
109	(b) Every hazard insurance policy which is issued or
110	renewed on or after January 1, 2004, to protect thea
111	condominium building shall provide primary coverage for:
112	1. Portions of the condominium property located outside
113	the units;
114	2. The condominium property located inside the units as
115	such property was initially installed, or replacements thereof
116	of like kind and quality, and in accordance with the original
117	plans and specifications, or if the original plans and
118	specifications are not available, as they existed at the time
119	the unit was initially conveyed; and
120	3. Portions of the condominium property for which the
121	declaration of condominium requires coverage by the association.
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123	Anything to the contrary notwithstanding, the terms “condominium
124	property,” “building,” “improvements,” “insurable improvements,”
125	“common elements,” “association property,” and any other term
126	found in the declaration of condominium which defines the scope
127	of property or casualty insurance which a condominium
128	association must obtain shall exclude all floor, wall, and
129	ceiling coverings,that the word "building" wherever used in the
130	policy include, but not necessarily be limited to, fixtures,
131	installations, or additions comprising that part of the building
132	within the unfinished interior surfaces of the perimeter walls,
133	floors, and ceilings of the individual units initially
134	installed, or replacements thereof of like kind or quality, in
135	accordance with the original plans and specifications, or as
136	they existed at the time the unit was initially conveyed if the
137	original plans and specifications are not available. However,
138	unless prior to October 1, 1986, the association is required by
139	the declaration to provide coverage therefor, the word
140	"building" does not include unit floor coverings, wall
141	coverings, or ceiling coverings, and, as to contracts entered
142	into after July 1, 1992, does not include the following
143	equipment if it is located within a unit and the unit owner is
144	required to repair or replace such equipment:electrical
145	fixtures, appliances, air conditioner or heating equipment,
146	water heaters, water filters,or built-in cabinets and
147	countertops and window treatments, including curtains, drapes,
148	blinds, hardware and similar window treatment components, or
149	replacements of any of the foregoing, which are located within
150	the boundaries of a unit and serve only one unit and all air
151	conditioning compressors that service only an individual unit,
152	whether or not located within the unit boundaries. The foregoing
153	is intended to establish the property or casualty insuring
154	responsibilities of the association and those of the individual
155	unit owner and do not serve to broaden or extend the perils of
156	coverage afforded by any insurance contract provided to the
157	individual unit owner. From and after January 1, 2004, the
158	association shall have the authority to amend the declaration of
159	condominium, without regard to any requirement for mortgagee
160	approval of amendments affecting insurance requirements, to
161	conform the declaration of condominium to the coverage
162	requirements of this section.With respect to the coverage
163	provided for by this paragraph, the unit owners shall be
164	considered additional insureds under the policy.
165	(c) Every hazard insurance policy issued or renewed on or
166	after January 1, 2004,to an individual unit owner shall provide
167	that the coverage afforded by such policy is excess over the
168	amount recoverable under any other policy covering the same
169	property. Every insurance policy issued to an individual unit
170	owner providing such coverage shall bewithout rights of
171	subrogation against the condominium association which operates
172	the condominium in which such unit owner’s unit is located. All
173	real or personal property located within the boundaries of the
174	unit owner’s unit which are excluded from the coverage to be
175	provided by the association as set forth in paragraph (b) are to
176	be insured by the individual unit owner.
177	(d) The association shall obtain and maintain adequate
178	insurance or fidelity bonding of all persons who control or
179	disburse funds of the association. The insurance policy or
180	fidelity bond must cover the maximum funds that will be in the
181	custody of the association or its management agent at any one
182	time. As used in this paragraph, the term "persons who control
183	or disburse funds of the association" includes, but is not
184	limited to, those individuals authorized to sign checks and the
185	president, secretary, and treasurer of the association. The
186	association shall bear the cost of bonding.
187	(12) OFFICIAL RECORDS.--
188	(a) From the inception of the association, the association
189	shall maintain each of the following items, when applicable,
190	which shall constitute the official records of the association:
191	1. A copy of the plans, permits, warranties, and other
192	items provided by the developer pursuant to s. 718.301(4).
193	2. A photocopy of the recorded declaration of condominium
194	of each condominium operated by the association and of each
195	amendment to each declaration.
196	3. A photocopy of the recorded bylaws of the association
197	and of each amendment to the bylaws.
198	4. A certified copy of the articles of incorporation of
199	the association, or other documents creating the association,
200	and of each amendment thereto.
201	5. A copy of the current rules of the association.
202	6. A book or books which contain the minutes of all
203	meetings of the association, of the board of directors, and of
204	unit owners, which minutes shall be retained for a period of not
205	less than 7 years.
206	7. A current roster of all unit owners and their mailing
207	addresses, unit identifications, voting certifications, and, if
208	known, telephone numbers.
209	8. All current insurance policies of the association and
210	condominiums operated by the association.
211	9. A current copy of any management agreement, lease, or
212	other contract to which the association is a party or under
213	which the association or the unit owners have an obligation or
214	responsibility.
215	10. Bills of sale or transfer for all property owned by
216	the association.
217	11. Accounting records for the association and separate
218	accounting records for each condominium which the association
219	operates. All accounting records shall be maintained for a
220	period of not less than 7 years. The accounting records shall
221	include, but are not limited to:
222	a. Accurate, itemized, and detailed records of all
223	receipts and expenditures.
224	b. A current account and a monthly, bimonthly, or
225	quarterly statement of the account for each unit designating the
226	name of the unit owner, the due date and amount of each
227	assessment, the amount paid upon the account, and the balance
228	due.
229	c. All audits, reviews, accounting statements, and
230	financial reports of the association or condominium.
231	d. All contracts for work to be performed. Bids for work
232	to be performed shall also be considered official records and
233	shall be maintained for a period of 1 year.
234	12. Ballots, sign-in sheets, voting proxies, and all other
235	papers relating to voting by unit owners, which shall be
236	maintained for a period of 1 year from the date of the election,
237	vote, or meeting to which the document relates.
238	13. All rental records, when the association is acting as
239	agent for the rental of condominium units.
240	14. A copy of the current question and answer sheet as
241	described by s. 718.504.
242	15. All other records of the association not specifically
243	included in the foregoing which are related to the operation of
244	the association.
245	(b) The official records of the association shall be
246	maintained within the state. The records of the association
247	shall be made available to a unit owner within 5 working days
248	after receipt of written request by the board or its designee.
249	This paragraph may be complied with by having a copy of the
250	official records of the association available for inspection or
251	copying on the condominium property or association property.
252	(c) The official records of the association are open to
253	inspection by any association member or the authorized
254	representative of such member at all reasonable times. The right
255	to inspect the records includes the right to make or obtain
256	copies, at the reasonable expense, if any, of the association
257	member. The association may adopt reasonable rules regarding the
258	frequency, time, location, notice, and manner of record
259	inspections and copying. The failure of an association to
260	provide the records within 10 working days after receipt of a
261	written request shall create a rebuttable presumption that the
262	association willfully failed to comply with this paragraph. A
263	unit owner who is denied access to official records is entitled
264	to the actual damages or minimum damages for the association's
265	willful failure to comply with this paragraph. The minimum
266	damages shall be $50 per calendar day up to 10 days, the
267	calculation to begin on the 11th working day after receipt of
268	the written request. The failure to permit inspection of the
269	association records as provided herein entitles any person
270	prevailing in an enforcement action to recover reasonable
271	attorney's fees from the person in control of the records who,
272	directly or indirectly, knowingly denied access to the records
273	for inspection. The association shall maintain an adequate
274	number of copies of the declaration, articles of incorporation,
275	bylaws, and rules, and all amendments to each of the foregoing,
276	as well as the question and answer sheet provided for in s.
277	718.504 and year-end financial information required in this
278	section on the condominium property to ensure their availability
279	to unit owners and prospective purchasers, and may charge its
280	actual costs for preparing and furnishing these documents to
281	those requesting the same. Notwithstanding the provisions of
282	this paragraph, the following records shall not be accessible to
283	unit owners:
284	1. Any record protected by the lawyer-client privilege as
285	described in s. 90.502; and any record protected by the work-
286	product privilege, including any record prepared by an
287	association attorney or prepared at the attorney's express
288	direction; which reflects a mental impression, conclusion,
289	litigation strategy, or legal theory of the attorney or the
290	association, and which was prepared exclusively for civil or
291	criminal litigation or for adversarial administrative
292	proceedings, or which was prepared in anticipation of imminent
293	civil or criminal litigation or imminent adversarial
294	administrative proceedings until the conclusion of the
295	litigation or adversarial administrative proceedings.
296	2. Information obtained by an association in connection
297	with the approval of the lease, sale, or other transfer of a
298	unit.
299	3. Medical records of unit owners.
300	(d) The association shall prepare a question and answer
301	sheet as described in s. 718.504, and shall update it annually.
302	(e) The association or its authorized agent shall not be
303	required to provide a prospective purchaser or lienholder with
304	information about the condominium or the association other than
305	information or documents required by this chapter to be made
306	available or disclosed.
307	1. If, for the convenience of the members, the association
308	elects to provide requested information not required by law to
309	be made available or disclosed to prospective purchasers or
310	lienholders, the association may do so, and the association and
311	its authorized agent shall be immune from suit by any person or
312	entity for information given in good faith if the association or
313	its authorized agent accompanies such information with a written
314	statement in substantially the following form:
315
316	The information contained herein, to the extent not
317	required to be provided by the Florida Condominium
318	Act, is provided without warranty or certification of
319	any sort. Reliance on the accuracy of this
320	information, if provided in good faith, is at the sole
321	risk of the person or entity choosing to rely thereon.
322	You are encouraged to review original documentation
323	that may be available rather than relying on
324	summaries, compilations, statements of opinion, or
325	anecdotal information which may be the source of our
326	information. Florida law provides immunity from suit
327	for good faith information, even if it is later
328	determined to be inaccurate.
329
330	2. The association or its authorized agent shall be
331	entitled to charge a reasonable fee to the prospective
332	purchaser, lienholder, or the current unit owner for its time in
333	providing good faith responses to requests for information by or
334	on behalf of a prospective purchaser or lienholder, other than
335	that required by law, provided that such fee shall not exceed
336	$150 plus the reasonable cost of photocopying and any attorney’s
337	fees incurred by the association.
338	Section 3. Paragraphs (b) and (l) of subsection (2) of
339	section 718.112, Florida Statutes, are amended to read:
340	718.112 Bylaws.--
341	(2) REQUIRED PROVISIONS.--The bylaws shall provide for the
342	following and, if they do not do so, shall be deemed to include
343	the following:
344	(b) Quorum; voting requirements; proxies.--
345	1. Unless a lower number is provided in the bylaws, the
346	percentage of voting interests required to constitute a quorum
347	at a meeting of the members shall be a majority of the voting
348	interests. Unless otherwise provided in this chapter or in the
349	declaration, articles of incorporation, or bylaws, and except as
350	provided in subparagraph (d)3., decisions shall be made by
351	owners of a majority of the voting interests represented at a
352	meeting at which a quorum is present.
353	2. Except as specifically otherwise provided herein, after
354	January 1, 1992, unit owners may not vote by general proxy, but
355	may vote by limited proxies substantially conforming to a
356	limited proxy form adopted by the division. Limited proxies and
357	general proxies may be used to establish a quorum. Limited
358	proxies shall be used for votes taken to waive or reduce
359	reserves in accordance with subparagraph (f)2.; for votes taken
360	to waive the financial reporting requirements of s. 718.111(13);
361	for votes taken to amend the declaration pursuant to s. 718.110;
362	for votes taken to amend the articles of incorporation or bylaws
363	pursuant to this section; and for any other matter for which
364	this chapter requires or permits a vote of the unit owners.
365	Except as provided in paragraph (d), after January 1, 1992, no
366	proxy, limited or general, shall be used in the election of
367	board members. General proxies may be used for other matters for
368	which limited proxies are not required, and may also be used in
369	voting for nonsubstantive changes to items for which a limited
370	proxy is required and given. Notwithstanding the provisions of
371	this subparagraph, unit owners may vote in person at unit owner
372	meetings. Nothing contained herein shall limit the use of
373	general proxies or require the use of limited proxies for any
374	agenda item or election at any meeting of a timeshare
375	condominium association.
376	3. Any proxy given shall be effective only for the
377	specific meeting for which originally given and any lawfully
378	adjourned meetings thereof. In no event shall any proxy be valid
379	for a period longer than 90 days after the date of the first
380	meeting for which it was given. Every proxy is revocable at any
381	time at the pleasure of the unit owner executing it.
382	4. A member of the board of administration or a committee
383	may submit in writing his or her agreement or disagreement with
384	any action taken at a meeting that the member did not attend.
385	This agreement or disagreement may not be used as a vote for or
386	against the action taken and may not be used for the purposes of
387	creating a quorum.
388	5. When any of the board or committee members meet by
389	telephone conference, those board or committee members attending
390	by telephone conference may be counted toward obtaining a quorum
391	and may vote by telephone. A telephone speaker must be used so
392	that the conversation of those board or committee members
393	attending by telephone may be heard by the board or committee
394	members attending in person as well as by any unit owners
395	present at a meeting.
396	(l) Certificate of compliance.--There shall be a provision
397	that a certificate of compliance from a licensed electrical
398	contractor or electrician may be accepted by the association's
399	board as evidence of compliance of the condominium units to the
400	applicable fire and life safety code. Notwithstanding the
401	provisions of chapter 633 or of any other statute, ordinance,
402	administrative rule, or regulation, or any interpretation of the
403	foregoing, no association, condominium, or unit owner shall be
404	obligated to retrofit the common elements or units of a
405	residential condominium with a fire sprinkler system in a
406	building that has been certified for occupancy by the applicable
407	governmental entity, provided that the unit owners have voted to
408	forego such retrofitting by the affirmative vote of two-thirds
409	of all voting interests. Such vote may not be obtained by
410	general proxy or limited proxy. Such vote may be taken at a duly
411	noticed meeting or by written consent without a meeting, and
412	shall be effective upon the recording of a duly executed
413	certificate attesting to such vote in the public records for the
414	county where the condominium is located. The association shall
415	provide each unit owner written notice of the vote to forego
416	retrofitting of the required fire sprinkler system, in at least
417	16-point bold type, by certified mail within 20 days after the
418	association’s vote. Such notice shall also be provided to new
419	owners at closing or to renters upon signing a lease. Such vote
420	shall be held biannually or, by majority vote of the board of
421	directors of the condominium association, at the next annual
422	meeting. As part of the information collected annually from
423	condominiums by the division, it shall require condominium
424	associations to report the membership vote and recording of a
425	certificate under this subsection and, if retrofitting has been
426	undertaken, the per-unit cost of such work. The division shall
427	annually report to the Department of Insurance, State Fire
428	Marshal’s Office, the number of condominiums that have elected
429	to forego retrofitting.
430	Section 4. Subsection (1) of section 718.303, Florida
431	Statutes, is amended to read:
432	718.303 Obligations of owners; waiver; levy of fine
433	against unit by association.--
434	(1) Each unit owner, each tenant and other invitee, and
435	each association shall be governed by, and shall comply with the
436	provisions of, this chapter, the declaration, the documents
437	creating the association, and the association bylaws and the
438	provisions thereof shall be deemed expressly incorporated into
439	any lease of a unit. Actions for damages or for injunctive
440	relief, or both, for failure to comply with these provisions may
441	be brought by the association or by a unit owner against:
442	(a) The association.
443	(b) A unit owner.
444	(c) Directors designated by the developer, for actions
445	taken by them prior to the time control of the association is
446	assumed by unit owners other than the developer.
447	(d) Any director who willfully and knowingly fails to
448	comply with these provisions.
449	(e) Any tenant leasing a unit, and any other invitee
450	occupying a unit.
451
452	The prevailing party in any such action or in any action in
453	which the purchaser claims a right of voidability based upon
454	contractual provisions as required in s. 718.503(1)(a) is
455	entitled to recover reasonable attorney's fees. A unit owner
456	prevailing in an action between the association and the unit
457	owner under this section, in addition to recovering his or her
458	reasonable attorney's fees, may recover additional amounts as
459	determined by the court to be necessary to reimburse the unit
460	owner for his or her share of assessments levied by the
461	association to fund its expenses of the litigation. This relief
462	does not exclude other remedies provided by law. Actions arising
463	under this subsection shall not be deemed to be actions for
464	specific performance.
465	Section 5. Subsection (2) of section 719.104, Florida
466	Statutes, is amended to read:
467	719.104 Cooperatives; access to units; records; financial
468	reports; assessments; purchase of leases.--
469	(2) OFFICIAL RECORDS.--
470	(a) From the inception of the association, the association
471	shall maintain a copy of each of the following, where
472	applicable, which shall constitute the official records of the
473	association:
474	1. The plans, permits, warranties, and other items
475	provided by the developer pursuant to s. 719.301(4).
476	2. A photocopy of the cooperative documents.
477	3. A copy of the current rules of the association.
478	4. A book or books containing the minutes of all meetings
479	of the association, of the board of directors, and of the unit
480	owners, which minutes shall be retained for a period of not less
481	than 7 years.
482	5. A current roster of all unit owners and their mailing
483	addresses, unit identifications, voting certifications, and, if
484	known, telephone numbers.
485	6. All current insurance policies of the association.
486	7. A current copy of any management agreement, lease, or
487	other contract to which the association is a party or under
488	which the association or the unit owners have an obligation or
489	responsibility.
490	8. Bills of sale or transfer for all property owned by the
491	association.
492	9. Accounting records for the association and separate
493	accounting records for each unit it operates, according to good
494	accounting practices. All accounting records shall be maintained
495	for a period of not less than 7 years. The accounting records
496	shall include, but not be limited to:
497	a. Accurate, itemized, and detailed records of all
498	receipts and expenditures.
499	b. A current account and a monthly, bimonthly, or
500	quarterly statement of the account for each unit designating the
501	name of the unit owner, the due date and amount of each
502	assessment, the amount paid upon the account, and the balance
503	due.
504	c. All audits, reviews, accounting statements, and
505	financial reports of the association.
506	d. All contracts for work to be performed. Bids for work
507	to be performed shall also be considered official records and
508	shall be maintained for a period of 1 year.
509	10. Ballots, sign-in sheets, voting proxies, and all other
510	papers relating to voting by unit owners, which shall be
511	maintained for a period of 1 year after the date of the
512	election, vote, or meeting to which the document relates.
513	11. All rental records where the association is acting as
514	agent for the rental of units.
515	12. A copy of the current question and answer sheet as
516	described in s. 719.504.
517	13. All other records of the association not specifically
518	included in the foregoing which are related to the operation of
519	the association.
520	(b) The official records of the association shall be
521	maintained within the state. The records of the association
522	shall be made available to a unit owner within 5 working days
523	after receipt of written request by the board or its designee.
524	This paragraph may be complied with by having a copy of the
525	official records available for inspection or copying on the
526	cooperative property.
527	(c) The official records of the association shall be open
528	to inspection by any association member or the authorized
529	representative of such member at all reasonable times. Failure
530	to permit inspection of the association records as provided
531	herein entitles any person prevailing in an enforcement action
532	to recover reasonable attorney's fees from the person in control
533	of the records who, directly or indirectly, knowingly denies
534	access to the records for inspection. The right to inspect the
535	records includes the right to make or obtain copies, at the
536	reasonable expense, if any, of the association member. The
537	association may adopt reasonable rules regarding the frequency,
538	time, location, notice, and manner of record inspections and
539	copying. The failure of an association to provide the records
540	within 10 working days after receipt of a written request
541	creates a rebuttable presumption that the association willfully
542	failed to comply with this paragraph. A unit owner who is denied
543	access to official records is entitled to the actual damages or
544	minimum damages for the association's willful failure to comply
545	with this paragraph. The minimum damages shall be $50 per
546	calendar day up to 10 days, the calculation to begin on the 11th
547	day after receipt of the written request. The association shall
548	maintain an adequate number of copies of the declaration,
549	articles of incorporation, bylaws, and rules, and all amendments
550	to each of the foregoing, as well as the question and answer
551	sheet provided for in s. 719.504, on the cooperative property to
552	ensure their availability to unit owners and prospective
553	purchasers, and may charge its actual costs for preparing and
554	furnishing these documents to those requesting the same.
555	Notwithstanding the provisions of this paragraph, the following
556	records shall not be accessible to unit owners:
557	1. A record that was prepared by an association attorney
558	or prepared at the attorney's express direction; that reflects a
559	mental impression, conclusion, litigation strategy, or legal
560	theory of the attorney or the association; or that was prepared
561	exclusively for civil or criminal litigation or for adversarial
562	administrative proceedings or in anticipation of imminent civil
563	or criminal litigation or imminent adversarial administrative
564	proceedings, until the conclusion of the litigation or
565	adversarial administrative proceedings.
566	2. Information obtained by an association in connection
567	with the approval of the lease, sale, or other transfer of a
568	unit.
569	3. Medical records of unit owners.
570	(d) The association or its authorized agent shall not be
571	required to provide a prospective purchaser or lienholder with
572	information about the cooperative or association other than the
573	information or documents required by this chapter to be made
574	available or disclosed.
575	1. If, for the convenience of the members, the association
576	elects to provide requested information not required by law to
577	be made available or disclosed to prospective purchasers or
578	lienholders, the association may do so, and the association and
579	its authorized agent shall be immune from suit by any person or
580	entity for information given in good faith if the association or
581	its authorized agent accompanies such information with a written
582	statement in substantially the following form:
583
584	The information contained herein, to the extent not
585	required to be provided by the Florida Cooperative
586	Act, is provided without warranty or certification of
587	any sort. Reliance on the accuracy of this
588	information, if provided in good faith, is at the sole
589	risk of the person or entity choosing to rely thereon.
590	You are encouraged to review original documentation
591	that may be available rather than relying on
592	summaries, compilations, statements of opinion, or
593	anecdotal information which may be the source of our
594	information. Florida law provides immunity from suit
595	for good faith information, even if it is later
596	determined to be inaccurate.
597
598	2. The association or its authorized agent shall be
599	entitled to charge a reasonable fee to the prospective
600	purchaser, lienholder, or the current unit owner for its time in
601	providing good faith responses to requests for information by or
602	on behalf of a prospective purchaser or lienholder, other than
603	that required by law, provided that such fee shall not exceed
604	$150 plus the reasonable cost of photocopying and any attorney’s
605	fees incurred by the association.
606	Section 6. Subsection (1) of section 719.303, Florida
607	Statutes, is amended to read:
608	719.303 Obligations of owners.--
609	(1) Each unit owner, each tenant and other invitee, and
610	each association shall be governed by, and shall comply with the
611	provisions of, this chapter, the cooperative documents, the
612	documents creating the association, and the association bylaws,
613	and the provisions thereof shall be deemed expressly
614	incorporated into any lease of a unit. Actions for damages or
615	for injunctive relief, or both, for failure to comply with these
616	provisions may be brought by the association or by a unit owner
617	against:
618	(a) The association.
619	(b) A unit owner.
620	(c) Directors designated by the developer, for actions
621	taken by them prior to the time control of the association is
622	assumed by unit owners other than the developer.
623	(d) Any director who willfully and knowingly fails to
624	comply with these provisions.
625	(e) Any tenant leasing a unit, and any other invitee
626	occupying a unit.
627
628	The prevailing party in any such action or in any action in
629	which the purchaser claims a right of voidability based upon
630	contractual provisions as required in s. 719.503(1)(a) is
631	entitled to recover reasonable attorney's fees. A unit owner
632	prevailing in an action between the association and the unit
633	owner under this section, in addition to recovering his or her
634	reasonable attorney's fees, may recover additional amounts as
635	determined by the court to be necessary to reimburse the unit
636	owner for his or her share of assessments levied by the
637	association to fund its expenses of the litigation. This relief
638	does not exclude other remedies provided by law. Actions arising
639	under this subsection shall not be deemed to be actions for
640	specific performance.
641	Section 7. Section 720.302, Florida Statutes, is amended
642	to read:
643	720.302 Purposes, scope, and application.--
644	(1) The purposes of ss. 720.301-720.312 are to give
645	statutory recognition to corporations not for profitthat
646	operate residential communities in this state, to provide
647	procedures for operating homeowners' associations, and to
648	protect the rights of association members without unduly
649	impairing the ability of such associations to perform their
650	functions.
651	(2) The Legislature recognizes that it is not in the best
652	interest of homeowners' associations or the individual
653	association members thereof to create or impose a bureau or
654	other agency of state government to regulate the affairs of
655	homeowners' associations. Further, the Legislature recognizes
656	that certain contract rights have been created for the benefit
657	of homeowners' associations and members thereof before the
658	effective date of this act and that ss. 720.301-720.312 are not
659	intended to impair such contract rights, including, but not
660	limited to, the rights of the developer to complete the
661	community as initially contemplated.
662	(3) Sections 720.301-720.312 do not apply to:
663	(a) A community that is composed of property primarily
664	intended for commercial, industrial, or other nonresidential
665	use; or
666	(b) The commercial or industrial parcels in a community
667	that contains both residential parcels and parcels intended for
668	commercial or industrial use.
669	(4) Sections 720.301-720.312 do not apply to any
670	association that is subject to regulation under chapter 718,
671	chapter 719, or chapter 721; or to any nonmandatory association
672	formed under chapter 723.
673	(5) Unless expressly stated to the contrary, corporations
674	not for profit that operate residential homeowners’ associations
675	in this state shall be governed by and subject to the provisions
676	of chapter 617. This provision is intended to clarify existing
677	law.
678	Section 8. Subsection (5) is added to section 719.1055,
679	Florida Statutes, to read:
680	719.1055 Amendment of cooperative documents; alteration
681	and acquisition of property.--
682	(5) Notwithstanding the provisions of chapter 633 or of
683	any other statute, ordinance, administrative rule, or
684	regulation, or any interpretation of the foregoing, no
685	association, cooperative, or unit owner shall be obligated to
686	retrofit the common areas or units of a residential cooperative
687	with a fire sprinkler system or other enhanced fire protection
688	system in a building that has been certified for occupancy by
689	the applicable governmental entity, provided that the unit
690	owners have voted to forego such retrofitting by the affirmative
691	vote of two-thirds of all voting interests. Such vote may not be
692	obtained by general proxy or limited proxy. Such vote may be
693	taken at a duly noticed meeting or by written consent without a
694	meeting, and shall be effective upon the recording of a duly
695	executed certificate attesting to such vote in the public
696	records for the county where the cooperative is located. The
697	association shall provide each unit owner written notice of the
698	vote to forego retrofitting of the required fire sprinkler
699	system, in at least 16-point bold type, by certified mail within
700	20 days after the association’s vote. Such notice shall also be
701	provided to new owners at closing or to renters upon signing a
702	lease. As part of the information collected from cooperatives by
703	the division, it shall require cooperative associations to
704	report the membership vote and recording of a certificate under
705	this subsection and, if retrofitting has been undertaken, the
706	per-unit cost of such work. The division shall annually report
707	to the Department of Financial Services, Division of State Fire
708	Marshal, the number of cooperatives that have elected to forego
709	retrofitting.
710	Section 9. This act shall take effect upon becoming a law.
711