Senate Bill sb1184

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    Florida Senate - 2004                                  SB 1184

    By Senator Campbell





    32-306A-04

  1                      A bill to be entitled

  2         An act relating to community associations;

  3         amending s. 718.111, F.S.; providing immunity

  4         from liability for certain information provided

  5         by associations to prospective purchasers or

  6         lienholders under certain circumstances;

  7         amending s. 720.303, F.S.; requiring specific

  8         notice to be given to association members

  9         before certain assessments or rule changes may

10         be considered at a meeting; amending s.

11         768.1325, F.S.; providing immunity from civil

12         liability for community associations that

13         provide automated defibrillator devices under

14         certain circumstances; prohibiting insurers

15         from requiring associations to purchase medical

16         malpractice coverage as a condition of issuing

17         other coverage; providing an effective date.

18  

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

20  

21         Section 1.  Paragraph (e) of subsection (12) of section

22  718.111, Florida Statutes, is amended to read:

23         718.111  The association.--

24         (1)  CORPORATE ENTITY.--

25         (12)  OFFICIAL RECORDS.--

26         (e)1.  The association or its authorized agent is shall

27  not be required to provide a prospective purchaser or

28  lienholder with information about the condominium or the

29  association other than information or documents required by

30  this chapter to be made available or disclosed. The

31  association or its authorized agent may shall be entitled to

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    Florida Senate - 2004                                  SB 1184
    32-306A-04




 1  charge a reasonable fee to the prospective purchaser,

 2  lienholder, or the current unit owner for its time in

 3  providing good faith responses to requests for information by

 4  or on behalf of a prospective purchaser or lienholder, other

 5  than that required by law, if the provided that such fee does

 6  shall not exceed $150 plus the reasonable cost of photocopying

 7  and any attorney's fees incurred by the association in

 8  connection with the association's response.

 9         2.  An association and its authorized agent are not

10  liable for providing such information in good faith pursuant

11  to a written request if the person providing the information

12  includes a written statement in substantially the following

13  form: "The responses herein are made in good faith and to the

14  best of my ability as to their accuracy."

15         Section 2.  Subsection (2) of section 720.303, Florida

16  Statutes, is amended to read:

17         720.303  Association powers and duties; meetings of

18  board; official records; budgets; financial reporting.--

19         (2)  BOARD MEETINGS.--A meeting of the board of

20  directors of an association occurs whenever a quorum of the

21  board gathers to conduct association business.  All meetings

22  of the board must be open to all members except for meetings

23  between the board and its attorney with respect to proposed or

24  pending litigation where the contents of the discussion would

25  otherwise be governed by the attorney-client privilege.

26  Notices of all board meetings must be posted in a conspicuous

27  place in the community at least 48 hours in advance of a

28  meeting, except in an emergency.  In the alternative, if

29  notice is not posted in a conspicuous place in the community,

30  notice of each board meeting must be mailed or delivered to

31  each member at least 7 days before the meeting, except in an

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    Florida Senate - 2004                                  SB 1184
    32-306A-04




 1  emergency. Notwithstanding this general notice requirement,

 2  for communities with more than 100 members, the bylaws may

 3  provide for a reasonable alternative to posting or mailing of

 4  notice for each board meeting, including publication of

 5  notice, provision of a schedule of board meetings, or the

 6  conspicuous posting and repeated broadcasting of the notice on

 7  a closed-circuit cable television system serving the

 8  homeowners' association. However, if broadcast notice is used

 9  in lieu of a notice posted physically in the community, the

10  notice must be broadcast at least four times every broadcast

11  hour of each day that a posted notice is otherwise required.

12  When broadcast notice is provided, the notice and agenda must

13  be broadcast in a manner and for a sufficient continuous

14  length of time so as to allow an average reader to observe the

15  notice and read and comprehend the entire content of the

16  notice and the agenda. The bylaws or amended bylaws may

17  provide for giving notice by electronic transmission in a

18  manner authorized by law for meetings of the board of

19  directors, committee meetings requiring notice under this

20  section, and annual and special meetings of the members;

21  however, a member must consent in writing to receiving notice

22  by electronic transmission. An assessment may not be levied at

23  a board meeting unless a written the notice of the meeting is

24  provided to all members at least 14 days before the meeting,

25  which notice includes a statement that assessments will be

26  considered at the meeting and the nature of the assessments.

27  Rules that regulate the use of parcels in the community may

28  not be adopted, amended, or revoked at a board meeting unless

29  a written meeting notice is provided to all members at least

30  14 days before the meeting, which notice includes a statement

31  that changes to the rules regarding the use of parcels will be

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    Florida Senate - 2004                                  SB 1184
    32-306A-04




 1  considered at the meeting. Directors may not vote by proxy or

 2  by secret ballot at board meetings, except that secret ballots

 3  may be used in the election of officers.  This subsection also

 4  applies to the meetings of any committee or other similar

 5  body, when a final decision will be made regarding the

 6  expenditure of association funds, and to any body vested with

 7  the power to approve or disapprove architectural decisions

 8  with respect to a specific parcel of residential property

 9  owned by a member of the community.

10         Section 3.  Present subsection (5) of section 768.1325,

11  Florida Statutes, is redesignated as subsection (6), and a new

12  subsection (5) is added to that section to read:

13         768.1325  Cardiac Arrest Survival Act; immunity from

14  civil liability.--

15         (5)(a)  A community association organized under chapter

16  617, chapter 718, chapter 719, chapter 720, chapter 721, or

17  chapter 723, Florida Statutes, which provides an automated

18  defibrillator device primarily for the use of its members,

19  guests, or invitees is immune from civil liability, pursuant

20  to this section, for any damages that result from the use of

21  such device if the association offers periodic training in the

22  use of such device. The failure of any person who uses the

23  device to take such training does not constitute a basis for

24  liability against the association.

25         (b)  An insurer may not require a community association

26  to purchase medical malpractice liability coverage as a

27  condition of issuing any other coverage carried by the

28  association, and an insurer may not exclude damages resulting

29  from the use of an automated defibrillator device from

30  coverage under a general liability policy issued to an

31  association.

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    Florida Senate - 2004                                  SB 1184
    32-306A-04




 1         Section 4.  This act shall take effect July 1, 2004.

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 3            *****************************************

 4                          SENATE SUMMARY

 5    Revises provisions relating to community associations.
      Provides immunity from liability for certain information
 6    provided by associations to prospective purchasers or
      lienholders under certain circumstances. Requires that a
 7    specific meeting notice be given to members before
      certain matters may be considered at a meeting. Provides
 8    immunity from civil liability for associations that
      provide automated defibrillator devices under certain
 9    circumstances. Prohibits insures from requiring
      associations to purchase medical malpractice insurance.
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