HB 0411 2004
   
1 A bill to be entitled
2          An act relating to community associations; amending s.
3    718.111, F.S.; providing immunity from liability for
4    certain information provided by associations to
5    prospective purchasers or lienholders under certain
6    circumstances; amending s. 720.303, F.S.; requiring
7    specific notice to be given to association members before
8    certain assessments or rule changes may be considered at a
9    meeting; amending s. 768.1325, F.S.; providing immunity
10    from civil liability for community associations that
11    provide automated defibrillator devices under certain
12    circumstances; prohibiting insurers from requiring
13    associations to purchase medical malpractice coverage as a
14    condition of issuing other coverage; providing an
15    effective date.
16         
17          Be It Enacted by the Legislature of the State of Florida:
18         
19          Section 1. Paragraph (e) of subsection (12) of section
20    718.111, Florida Statutes, is amended to read:
21          718.111 The association.--
22          (1) CORPORATE ENTITY.--
23          (12) OFFICIAL RECORDS.--
24          (e)1. The association or its authorized agent is shall not
25    berequired to provide a prospective purchaser or lienholder
26    with information about the condominium or the association other
27    than information or documents required by this chapter to be
28    made available or disclosed. The association or its authorized
29    agent may shall be entitled tocharge a reasonable fee to the
30    prospective purchaser, lienholder, or the current unit owner for
31    its time inproviding good faith responses to requests for
32    information by or on behalf of a prospective purchaser or
33    lienholder, other than that required by law, if the provided
34    that such fee does shallnot exceed $150 plus the reasonable
35    cost of photocopying and any attorney's fees incurred by the
36    association in connection with the association'sresponse.
37          2. An association and its authorized agent are not liable
38    for providing such information in good faith pursuant to a
39    written request if the person providing the information includes
40    a written statement in substantially the following form: "The
41    responses herein are made in good faith and to the best of my
42    ability as to their accuracy."
43          Section 2. Subsection (2) of section 720.303, Florida
44    Statutes, is amended to read:
45          720.303 Association powers and duties; meetings of board;
46    official records; budgets; financial reporting.--
47          (2) BOARD MEETINGS.--A meeting of the board of directors
48    of an association occurs whenever a quorum of the board gathers
49    to conduct association business. All meetings of the board must
50    be open to all members except for meetings between the board and
51    its attorney with respect to proposed or pending litigation
52    where the contents of the discussion would otherwise be governed
53    by the attorney-client privilege. Notices of all board meetings
54    must be posted in a conspicuous place in the community at least
55    48 hours in advance of a meeting, except in an emergency. In
56    the alternative, if notice is not posted in a conspicuous place
57    in the community, notice of each board meeting must be mailed or
58    delivered to each member at least 7 days before the meeting,
59    except in an emergency. Notwithstanding this general notice
60    requirement, for communities with more than 100 members, the
61    bylaws may provide for a reasonable alternative to posting or
62    mailing of notice for each board meeting, including publication
63    of notice, provision of a schedule of board meetings, or the
64    conspicuous posting and repeated broadcasting of the notice on a
65    closed-circuit cable television system serving the homeowners'
66    association. However, if broadcast notice is used in lieu of a
67    notice posted physically in the community, the notice must be
68    broadcast at least four times every broadcast hour of each day
69    that a posted notice is otherwise required. When broadcast
70    notice is provided, the notice and agenda must be broadcast in a
71    manner and for a sufficient continuous length of time so as to
72    allow an average reader to observe the notice and read and
73    comprehend the entire content of the notice and the agenda. The
74    bylaws or amended bylaws may provide for giving notice by
75    electronic transmission in a manner authorized by law for
76    meetings of the board of directors, committee meetings requiring
77    notice under this section, and annual and special meetings of
78    the members; however, a member must consent in writing to
79    receiving notice by electronic transmission. An assessment may
80    not be levied at a board meeting unless a written thenotice of
81    the meeting is provided to all members at least 14 days before
82    the meeting, which noticeincludes a statement that assessments
83    will be considered at the meetingand the nature of the
84    assessments. Rules that regulate the use of parcels in the
85    community may not be adopted, amended, or revoked at a board
86    meeting unless a written meeting notice is provided to all
87    members at least 14 days before the meeting, which notice
88    includes a statement that changes to the rules regarding the use
89    of parcels will be considered at the meeting.Directors may not
90    vote by proxy or by secret ballot at board meetings, except that
91    secret ballots may be used in the election of officers. This
92    subsection also applies to the meetings of any committee or
93    other similar body, when a final decision will be made regarding
94    the expenditure of association funds, and to any body vested
95    with the power to approve or disapprove architectural decisions
96    with respect to a specific parcel of residential property owned
97    by a member of the community.
98          Section 3. Present subsection (5) of section 768.1325,
99    Florida Statutes, is renumbered as subsection (6), and a new
100    subsection (5) is added to said section to read:
101          768.1325 Cardiac Arrest Survival Act; immunity from civil
102    liability.--
103          (5)(a) A community association organized under chapter
104    617, chapter 718, chapter 719, chapter 720, chapter 721, or
105    chapter 723 which provides an automated defibrillator device
106    primarily for the use of its members, guests, or invitees is
107    immune from civil liability, pursuant to this section, for any
108    damages that result from the use of such device if the
109    association offers periodic training in the use of such device.
110    The failure of any person who uses the device to take such
111    training does not constitute a basis for liability against the
112    association.
113          (b) An insurer may not require a community association to
114    purchase medical malpractice liability coverage as a condition
115    of issuing any other coverage carried by the association, and an
116    insurer may not exclude damages resulting from the use of an
117    automated defibrillator device from coverage under a general
118    liability policy issued to an association.
119          Section 4. This act shall take effect July 1, 2004.