HB 0165, Engrossed 1 2003
1	A bill to be entitled
2	An act relating to homeowners’ associations; amending s.
3	702.09, F.S.; redefining the term “mortgage” to include
4	liens created pursuant to a homeowners’ association as
5	defined in s. 712.01, F.S.; amending s. 718.111, F.S.;
6	revising language with respect to official records of the
7	condominium association authorizing the association to
8	provide certain information to prospective purchasers or
9	lienholders under certain circumstances; providing for
10	immunity from liability; authorizing fees; establishing
11	insurance requirements for condominium associations and
12	individual unit owners; amending s. 718.112, F.S.;
13	revising language with respect to condominium bylaws to
14	allow the use of limited proxies for votes taken to waive
15	certain financial reporting requirements; prohibiting the
16	requirement of retrofitting condominiums for enhanced fire
17	protection systems under certain circumstances; providing
18	for voting conditions; providing for notice; amending s.
19	718.303, F.S.; providing that certain actions with respect
20	to the obligation of condominium owners shall not be
21	deemed actions for specific performance; amending s.
22	719.104, F.S.; revising language with respect to official
23	records of the cooperative association authorizing the
24	association to provide certain information to prospective
25	purchasers or lienholders under certain circumstances;
26	providing for immunity from liability; authorizing fees;
27	amending s. 719.303, F.S.; providing that certain actions
28	with respect to the obligation of cooperative owners shall
29	not be deemed actions for specific performance; amending
30	s. 720.302, F.S.; providing that corporations not for
31	profit that operate residential homeowners’ associations
32	shall be governed by and subject to the provisions of ch.
33	617, F.S.; amending s. 719.1055, F.S.; prohibiting the
34	requirement of retrofitting cooperatives for enhanced fire
35	protection under certain circumstances; providing for
36	voting conditions; providing for notice; requiring certain
37	reports; providing an effective date.
38
39	Be It Enacted by the Legislature of the State of Florida:
40
41	Section 1. Section 702.09, Florida Statutes, is amended to
42	read:
43	702.09 Definitions.--For the purposes of ss. 702.07 and
44	702.08 the words "decree of foreclosure" shall include a
45	judgment or order rendered or passed in the foreclosure
46	proceedings in which the decree of foreclosure shall be
47	rescinded, vacated, and set aside; the word "mortgage" shall
48	mean any written instrument securing the payment of money or
49	advances and includes liens to secure payment of assessments
50	arising under chapters 718 and 719 and liens created pursuant to
51	the recorded covenants of a homeowners’ association as defined
52	in s. 712.01; the word "debt" shall include promissory notes,
53	bonds, and all other written obligations given for the payment
54	of money; the words "foreclosure proceedings" shall embrace
55	every action in the circuit or county courts of this state
56	wherein it is sought to foreclose a mortgage and sell the
57	property covered by the same; and the word "property" shall mean
58	and include both real and personal property.
59	Section 2. Subsections (11) and (12) of section 718.111,
60	Florida Statutes, are amended to read:
61	718.111 The association.--
62	(11) INSURANCE.--In order to protect the safety, health,
63	and welfare of the citizens of the State of Florida and to
64	ensure consistency in the provision of insurance coverage to
65	condominiums and their unit owners, paragraphs (b) and (c) are
66	deemed to apply to every condominium in the state regardless of
67	the date of its declaration of condominium.
68	(a) A unit-owner controlled association shall use its best
69	efforts to obtain and maintain adequate insurance to protect the
70	association, the association property, the common elements, and
71	the condominium property required to be insured by the
72	association pursuant to paragraph (b). If the association is
73	developer controlled, the association shall exercise due
74	diligence to obtain and maintain such insurance. Failure to
75	obtain and maintain adequate insurance during any period of
76	developer control shall constitute a breach of fiduciary
77	responsibility by the developer-appointed members of the board
78	of directors of the association, unless said members can show
79	that despite such failure, they have exercised due diligence.
80	The declaration of condominium as originally recorded, or
81	amended pursuant to the procedures provided therein, may require
82	that condominium property consisting of freestanding buildings,
83	where there is no more than one building in or on such unit,
84	need not be insured by the association if the declaration
85	requires the unit owner to obtain adequate insurance for the
86	condominium property.An association may also obtain and
87	maintain liability insurance for directors and officers,
88	insurance for the benefit of association employees, and flood
89	insurance for common elements, association property, and units.
90	Adequate insurance, regardless of any requirement in the
91	declaration of condominium for coverage by the association for
92	“full insurable value,” “replacement cost,” or the like, may
93	include reasonable deductibles, as determined by the board.An
94	association or group of associations may self-insure against
95	claims against the association, the association property, and
96	the condominium property required to be insured by an
97	association, upon compliance with ss. 624.460-624.488. A copy of
98	each policy of insurance in effect shall be made available for
99	inspection by unit owners at reasonable times.
100	(b) Every hazard insurance policy which is issued or
101	renewed on or after January 1, 2004, to protect thea
102	condominium building shall provide primary coverage for:
103	1. Portions of the condominium property located outside
104	the units;
105	2. The condominium property located inside the units as
106	such property was initially installed, or replacements thereof
107	of like kind and quality, and in accordance with the original
108	plans and specifications, or if the original plans and
109	specifications are not available, as they existed at the time
110	the unit was initially conveyed; and
111	3. Portions of the condominium property for which the
112	declaration of condominium requires coverage by the association.
113
114	Anything to the contrary notwithstanding, the terms “condominium
115	property,” “building,” “improvements,” “insurable improvements,”
116	“common elements,” “association property,” and any other term
117	found in the declaration of condominium which defines the scope
118	of property or casualty insurance which a condominium
119	association must obtain shall exclude all floor, wall, and
120	ceiling coverings,that the word "building" wherever used in the
121	policy include, but not necessarily be limited to, fixtures,
122	installations, or additions comprising that part of the building
123	within the unfinished interior surfaces of the perimeter walls,
124	floors, and ceilings of the individual units initially
125	installed, or replacements thereof of like kind or quality, in
126	accordance with the original plans and specifications, or as
127	they existed at the time the unit was initially conveyed if the
128	original plans and specifications are not available. However,
129	unless prior to October 1, 1986, the association is required by
130	the declaration to provide coverage therefor, the word
131	"building" does not include unit floor coverings, wall
132	coverings, or ceiling coverings, and, as to contracts entered
133	into after July 1, 1992, does not include the following
134	equipment if it is located within a unit and the unit owner is
135	required to repair or replace such equipment:electrical
136	fixtures, appliances, air conditioner or heating equipment,
137	water heaters, water filters,or built-in cabinets and
138	countertops and window treatments, including curtains, drapes,
139	blinds, hardware and similar window treatment components, or
140	replacements of any of the foregoing, which are located within
141	the boundaries of a unit and serve only one unit and all air
142	conditioning compressors that service only an individual unit,
143	whether or not located within the unit boundaries. The foregoing
144	is intended to establish the property or casualty insuring
145	responsibilities of the association and those of the individual
146	unit owner and do not serve to broaden or extend the perils of
147	coverage afforded by any insurance contract provided to the
148	individual unit owner. From and after January 1, 2004, the
149	association shall have the authority to amend the declaration of
150	condominium, without regard to any requirement for mortgagee
151	approval of amendments affecting insurance requirements, to
152	conform the declaration of condominium to the coverage
153	requirements of this section.With respect to the coverage
154	provided for by this paragraph, the unit owners shall be
155	considered additional insureds under the policy.
156	(c) Every hazard insurance policy issued or renewed on or
157	after January 1, 2004,to an individual unit owner shall provide
158	that the coverage afforded by such policy is excess over the
159	amount recoverable under any other policy covering the same
160	property. Every insurance policy issued to an individual unit
161	owner providing such coverage shall bewithout rights of
162	subrogation against the condominium association which operates
163	the condominium in which such unit owner’s unit is located. All
164	real or personal property located within the boundaries of the
165	unit owner’s unit which are excluded from the coverage to be
166	provided by the association as set forth in paragraph (b) are to
167	be insured by the individual unit owner.
168	(d) The association shall obtain and maintain adequate
169	insurance or fidelity bonding of all persons who control or
170	disburse funds of the association. The insurance policy or
171	fidelity bond must cover the maximum funds that will be in the
172	custody of the association or its management agent at any one
173	time. As used in this paragraph, the term "persons who control
174	or disburse funds of the association" includes, but is not
175	limited to, those individuals authorized to sign checks and the
176	president, secretary, and treasurer of the association. The
177	association shall bear the cost of bonding.
178	(12) OFFICIAL RECORDS.--
179	(a) From the inception of the association, the association
180	shall maintain each of the following items, when applicable,
181	which shall constitute the official records of the association:
182	1. A copy of the plans, permits, warranties, and other
183	items provided by the developer pursuant to s. 718.301(4).
184	2. A photocopy of the recorded declaration of condominium
185	of each condominium operated by the association and of each
186	amendment to each declaration.
187	3. A photocopy of the recorded bylaws of the association
188	and of each amendment to the bylaws.
189	4. A certified copy of the articles of incorporation of
190	the association, or other documents creating the association,
191	and of each amendment thereto.
192	5. A copy of the current rules of the association.
193	6. A book or books which contain the minutes of all
194	meetings of the association, of the board of directors, and of
195	unit owners, which minutes shall be retained for a period of not
196	less than 7 years.
197	7. A current roster of all unit owners and their mailing
198	addresses, unit identifications, voting certifications, and, if
199	known, telephone numbers.
200	8. All current insurance policies of the association and
201	condominiums operated by the association.
202	9. A current copy of any management agreement, lease, or
203	other contract to which the association is a party or under
204	which the association or the unit owners have an obligation or
205	responsibility.
206	10. Bills of sale or transfer for all property owned by
207	the association.
208	11. Accounting records for the association and separate
209	accounting records for each condominium which the association
210	operates. All accounting records shall be maintained for a
211	period of not less than 7 years. The accounting records shall
212	include, but are not limited to:
213	a. Accurate, itemized, and detailed records of all
214	receipts and expenditures.
215	b. A current account and a monthly, bimonthly, or
216	quarterly statement of the account for each unit designating the
217	name of the unit owner, the due date and amount of each
218	assessment, the amount paid upon the account, and the balance
219	due.
220	c. All audits, reviews, accounting statements, and
221	financial reports of the association or condominium.
222	d. All contracts for work to be performed. Bids for work
223	to be performed shall also be considered official records and
224	shall be maintained for a period of 1 year.
225	12. Ballots, sign-in sheets, voting proxies, and all other
226	papers relating to voting by unit owners, which shall be
227	maintained for a period of 1 year from the date of the election,
228	vote, or meeting to which the document relates.
229	13. All rental records, when the association is acting as
230	agent for the rental of condominium units.
231	14. A copy of the current question and answer sheet as
232	described by s. 718.504.
233	15. All other records of the association not specifically
234	included in the foregoing which are related to the operation of
235	the association.
236	(b) The official records of the association shall be
237	maintained within the state. The records of the association
238	shall be made available to a unit owner within 5 working days
239	after receipt of written request by the board or its designee.
240	This paragraph may be complied with by having a copy of the
241	official records of the association available for inspection or
242	copying on the condominium property or association property.
243	(c) The official records of the association are open to
244	inspection by any association member or the authorized
245	representative of such member at all reasonable times. The right
246	to inspect the records includes the right to make or obtain
247	copies, at the reasonable expense, if any, of the association
248	member. The association may adopt reasonable rules regarding the
249	frequency, time, location, notice, and manner of record
250	inspections and copying. The failure of an association to
251	provide the records within 10 working days after receipt of a
252	written request shall create a rebuttable presumption that the
253	association willfully failed to comply with this paragraph. A
254	unit owner who is denied access to official records is entitled
255	to the actual damages or minimum damages for the association's
256	willful failure to comply with this paragraph. The minimum
257	damages shall be $50 per calendar day up to 10 days, the
258	calculation to begin on the 11th working day after receipt of
259	the written request. The failure to permit inspection of the
260	association records as provided herein entitles any person
261	prevailing in an enforcement action to recover reasonable
262	attorney's fees from the person in control of the records who,
263	directly or indirectly, knowingly denied access to the records
264	for inspection. The association shall maintain an adequate
265	number of copies of the declaration, articles of incorporation,
266	bylaws, and rules, and all amendments to each of the foregoing,
267	as well as the question and answer sheet provided for in s.
268	718.504 and year-end financial information required in this
269	section on the condominium property to ensure their availability
270	to unit owners and prospective purchasers, and may charge its
271	actual costs for preparing and furnishing these documents to
272	those requesting the same. Notwithstanding the provisions of
273	this paragraph, the following records shall not be accessible to
274	unit owners:
275	1. Any record protected by the lawyer-client privilege as
276	described in s. 90.502; and any record protected by the work-
277	product privilege, including any record prepared by an
278	association attorney or prepared at the attorney's express
279	direction; which reflects a mental impression, conclusion,
280	litigation strategy, or legal theory of the attorney or the
281	association, and which was prepared exclusively for civil or
282	criminal litigation or for adversarial administrative
283	proceedings, or which was prepared in anticipation of imminent
284	civil or criminal litigation or imminent adversarial
285	administrative proceedings until the conclusion of the
286	litigation or adversarial administrative proceedings.
287	2. Information obtained by an association in connection
288	with the approval of the lease, sale, or other transfer of a
289	unit.
290	3. Medical records of unit owners.
291	(d) The association shall prepare a question and answer
292	sheet as described in s. 718.504, and shall update it annually.
293	(e) The association or its authorized agent shall not be
294	required to provide a prospective purchaser or lienholder with
295	information about the condominium or the association other than
296	information or documents required by this chapter to be made
297	available or disclosed.
298	1. If, for the convenience of the members, the association
299	elects to provide requested information not required by law to
300	be made available or disclosed to prospective purchasers or
301	lienholders, the association may do so, and the association and
302	its authorized agent shall be immune from suit by any person or
303	entity for information given in good faith if the association or
304	its authorized agent accompanies such information with a written
305	statement in substantially the following form:
306
307	The information contained herein, to the extent not
308	required to be provided by the Florida Condominium
309	Act, is provided without warranty or certification of
310	any sort. Reliance on the accuracy of this
311	information, if provided in good faith, is at the sole
312	risk of the person or entity choosing to rely thereon.
313	You are encouraged to review original documentation
314	that may be available rather than relying on
315	summaries, compilations, statements of opinion, or
316	anecdotal information which may be the source of our
317	information. Florida law provides immunity from suit
318	for good faith information, even if it is later
319	determined to be inaccurate.
320
321	2. The association or its authorized agent shall be
322	entitled to charge a reasonable fee to the prospective
323	purchaser, lienholder, or the current unit owner for its time in
324	providing good faith responses to requests for information by or
325	on behalf of a prospective purchaser or lienholder, other than
326	that required by law, provided that such fee shall not exceed
327	$150 plus the reasonable cost of photocopying and any attorney’s
328	fees incurred by the association.
329	Section 3. Paragraphs (b) and (l) of subsection (2) of
330	section 718.112, Florida Statutes, are amended to read:
331	718.112 Bylaws.--
332	(2) REQUIRED PROVISIONS.--The bylaws shall provide for the
333	following and, if they do not do so, shall be deemed to include
334	the following:
335	(b) Quorum; voting requirements; proxies.--
336	1. Unless a lower number is provided in the bylaws, the
337	percentage of voting interests required to constitute a quorum
338	at a meeting of the members shall be a majority of the voting
339	interests. Unless otherwise provided in this chapter or in the
340	declaration, articles of incorporation, or bylaws, and except as
341	provided in subparagraph (d)3., decisions shall be made by
342	owners of a majority of the voting interests represented at a
343	meeting at which a quorum is present.
344	2. Except as specifically otherwise provided herein, after
345	January 1, 1992, unit owners may not vote by general proxy, but
346	may vote by limited proxies substantially conforming to a
347	limited proxy form adopted by the division. Limited proxies and
348	general proxies may be used to establish a quorum. Limited
349	proxies shall be used for votes taken to waive or reduce
350	reserves in accordance with subparagraph (f)2.; for votes taken
351	to waive the financial reporting requirements of s. 718.111(13);
352	for votes taken to amend the declaration pursuant to s. 718.110;
353	for votes taken to amend the articles of incorporation or bylaws
354	pursuant to this section; and for any other matter for which
355	this chapter requires or permits a vote of the unit owners.
356	Except as provided in paragraph (d), after January 1, 1992, no
357	proxy, limited or general, shall be used in the election of
358	board members. General proxies may be used for other matters for
359	which limited proxies are not required, and may also be used in
360	voting for nonsubstantive changes to items for which a limited
361	proxy is required and given. Notwithstanding the provisions of
362	this subparagraph, unit owners may vote in person at unit owner
363	meetings. Nothing contained herein shall limit the use of
364	general proxies or require the use of limited proxies for any
365	agenda item or election at any meeting of a timeshare
366	condominium association.
367	3. Any proxy given shall be effective only for the
368	specific meeting for which originally given and any lawfully
369	adjourned meetings thereof. In no event shall any proxy be valid
370	for a period longer than 90 days after the date of the first
371	meeting for which it was given. Every proxy is revocable at any
372	time at the pleasure of the unit owner executing it.
373	4. A member of the board of administration or a committee
374	may submit in writing his or her agreement or disagreement with
375	any action taken at a meeting that the member did not attend.
376	This agreement or disagreement may not be used as a vote for or
377	against the action taken and may not be used for the purposes of
378	creating a quorum.
379	5. When any of the board or committee members meet by
380	telephone conference, those board or committee members attending
381	by telephone conference may be counted toward obtaining a quorum
382	and may vote by telephone. A telephone speaker must be used so
383	that the conversation of those board or committee members
384	attending by telephone may be heard by the board or committee
385	members attending in person as well as by any unit owners
386	present at a meeting.
387	(l) Certificate of compliance.--There shall be a provision
388	that a certificate of compliance from a licensed electrical
389	contractor or electrician may be accepted by the association's
390	board as evidence of compliance of the condominium units to the
391	applicable fire and life safety code. Notwithstanding the
392	provisions of chapter 633 or of any other statute, ordinance,
393	administrative rule, or regulation, or any interpretation of the
394	foregoing, no association, condominium, or unit owner shall be
395	obligated to retrofit the common elements or units of a
396	residential condominium with a fire sprinkler system in a
397	building that has been certified for occupancy by the applicable
398	governmental entity, provided that the unit owners have voted to
399	forego such retrofitting by the affirmative vote of two-thirds
400	of all voting interests. Such vote may not be obtained by
401	general proxy or limited proxy. Such vote may be taken at a duly
402	noticed meeting or by written consent without a meeting, and
403	shall be effective upon the recording of a duly executed
404	certificate attesting to such vote in the public records for the
405	county where the condominium is located. The association shall
406	provide each unit owner written notice of the vote to forego
407	retrofitting of the required fire sprinkler system, in at least
408	16-point bold type, by certified mail within 20 days after the
409	association’s vote. Such notice shall also be provided to new
410	owners at closing or to renters upon signing a lease. Such vote
411	shall be held biannually or, by majority vote of the board of
412	directors of the condominium association, at the next annual
413	meeting. As part of the information collected annually from
414	condominiums by the division, it shall require condominium
415	associations to report the membership vote and recording of a
416	certificate under this subsection and, if retrofitting has been
417	undertaken, the per-unit cost of such work. The division shall
418	annually report to the Department of Insurance, State Fire
419	Marshal’s Office, the number of condominiums that have elected
420	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 not be
683	obtained by general proxy or limited proxy. Such vote may be
684	taken at a duly noticed meeting or by written consent without a
685	meeting, and shall be effective upon the recording of a duly
686	executed certificate attesting to such vote in the public
687	records for the county where the cooperative is located. The
688	association shall provide each unit owner written notice of the
689	vote to forego retrofitting of the required fire sprinkler
690	system, in at least 16-point bold type, by certified mail within
691	20 days after the association’s vote. Such notice shall also be
692	provided to new owners at closing or to renters upon signing a
693	lease. As part of the information collected from cooperatives by
694	the division, it shall require cooperative associations to
695	report the membership vote and recording of a certificate under
696	this subsection and, if retrofitting has been undertaken, the
697	per-unit cost of such work. The division shall annually report
698	to the Department of Financial Services, Division of State Fire
699	Marshal, the number of cooperatives that have elected to forego
700	retrofitting.
701	Section 9. This act shall take effect upon becoming a law.
702