| 1 | A bill to be entitled | 
| 2 | An act relating to community associations; amending s. | 
| 3 | 718.111, F.S.; revising and providing provisions relating | 
| 4 | to condominium and condominium owner insurance coverage; | 
| 5 | authorizing an association or group of associations to | 
| 6 | provide adequate hazard insurance through a self-insurance | 
| 7 | fund; requiring associations to exercise best efforts to | 
| 8 | obtain and maintain certain kinds of insurance; providing | 
| 9 | that policies may include deductibles as determined by the | 
| 10 | board; providing requirements for deductibles; providing | 
| 11 | coverage requirements for policies entered into after a | 
| 12 | specified date; providing requirements for hazard | 
| 13 | insurance policies; requiring owners to provide evidence | 
| 14 | of a currently effective policy of hazard and liability | 
| 15 | insurance upon request by the association; authorizing | 
| 16 | operation of multiple condominiums as a single condominium | 
| 17 | for insurance purposes under certain circumstances; | 
| 18 | requiring an association to obtain and maintain adequate | 
| 19 | insurance or fidelity bonding of all persons who control | 
| 20 | or disburse funds of the association; specifying | 
| 21 | responsibility for repair or reconstruction work under | 
| 22 | specified circumstances; amending s. 718.115, F.S.; | 
| 23 | specifying common expense responsibilities of the | 
| 24 | association and unit owners; amending s. 718.116, F.S.; | 
| 25 | providing persons that may request a certificate signed by | 
| 26 | an officer or agent of the association stating all | 
| 27 | assessments and other moneys owed to the association; | 
| 28 | providing requirements for the charging of certain fees by | 
| 29 | the board; amending s. 718.117, F.S.; revising priority | 
| 30 | standards for the distribution of certain proceeds from | 
| 31 | any sale of condominium properties and assets; creating s. | 
| 32 | 720.3087, F.S.; providing requirements for the request and | 
| 33 | provision of estoppel certificates; providing an effective | 
| 34 | date. | 
| 35 | 
 | 
| 36 | Be It Enacted by the Legislature of the State of Florida: | 
| 37 | 
 | 
| 38 | Section 1.  Subsection (11) of section 718.111, Florida | 
| 39 | Statutes, is amended to read: | 
| 40 | 718.111  The association.-- | 
| 41 | (Substantial rewording of subsection. See | 
| 42 | s. 718.111(11), F.S., for current text.) | 
| 43 | (11)  INSURANCE.--In order to protect the health, safety, | 
| 44 | and welfare of the people of this state and to ensure | 
| 45 | consistency in the provision of insurance coverage to | 
| 46 | condominiums and their unit owners, this subsection shall be | 
| 47 | deemed to apply to every residential condominium in the state, | 
| 48 | regardless of the date of its declaration of condominium. It is | 
| 49 | the intent of the Legislature to encourage lower or stable | 
| 50 | insurance premiums for associations described in this | 
| 51 | subsection. | 
| 52 | (a)  Adequate hazard insurance, regardless of any | 
| 53 | requirement in the declaration of condominium for coverage by | 
| 54 | the association for full insurable value, replacement cost, or | 
| 55 | similar coverages, shall be based upon the replacement cost of | 
| 56 | the property to be insured as determined by an independent | 
| 57 | insurance appraisal or update of a prior appraisal. The full | 
| 58 | insurable value shall be determined not less frequently than | 
| 59 | every 36 months. | 
| 60 | 1.  An association or group of associations may provide | 
| 61 | adequate hazard insurance through a self-insurance fund that | 
| 62 | complies with the requirements of ss. 624.460-624.488. | 
| 63 | 2.  An association may also provide adequate hazard | 
| 64 | insurance, individually or for a group of no fewer than three | 
| 65 | communities created and operating under this chapter, chapter | 
| 66 | 719, chapter 720, or chapter 721, by obtaining and maintaining | 
| 67 | for the communities insurance coverage sufficient to cover an | 
| 68 | amount equal to the probable maximum loss for the communities | 
| 69 | for a 250-year windstorm event, provided such probable maximum | 
| 70 | loss must be determined through the use of a competent model | 
| 71 | that has been accepted by the Florida Commission on Hurricane | 
| 72 | Loss Projection Methodology. Any policy providing such coverage | 
| 73 | issued after July 1, 2008, must be approved by the Office of | 
| 74 | Insurance Regulation before the coverage is deemed adequate. | 
| 75 | 3.  In determining the adequate hazard insurance, an | 
| 76 | association may consider deductibles as determined by this | 
| 77 | subsection. | 
| 78 | (b)  If an association is controlled by a developer, the | 
| 79 | association shall exercise best efforts to obtain and maintain | 
| 80 | adequate hazard insurance. Failure to obtain and maintain | 
| 81 | adequate hazard insurance during any period of control by a | 
| 82 | developer constitutes a breach of fiduciary responsibility by | 
| 83 | the members of the board of directors of the association | 
| 84 | appointed by the developer unless such members can show that | 
| 85 | despite such failure they have made their best efforts to obtain | 
| 86 | and maintain such insurance. | 
| 87 | (c)  Policies may include deductibles as determined by the | 
| 88 | board. | 
| 89 | 1.  The deductibles shall be consistent with industry | 
| 90 | standards and prevailing practice for communities of like size | 
| 91 | and age and having similar construction as facilities in the | 
| 92 | locale where the condominium property is situated. | 
| 93 | 2.  The deductibles may be based upon available funds, | 
| 94 | including reserve accounts, or predetermined assessment | 
| 95 | authority at the time the insurance is obtained. | 
| 96 | 3.  At a meeting of the board, which shall be open to all | 
| 97 | unit owners in the manner set forth in s. 718.112(2)(e), the | 
| 98 | board shall establish the level of deductibles based upon the | 
| 99 | level of available funds and predetermined assessment authority. | 
| 100 | The notice of such meeting shall state the proposed deductibles, | 
| 101 | the available funds, and the assessment authority relied upon by | 
| 102 | the board and shall estimate any potential assessment amount | 
| 103 | against each unit, if any. The meeting described in this | 
| 104 | subparagraph may be held in conjunction with a meeting to | 
| 105 | consider the proposed budget or an amendment to the proposed | 
| 106 | budget. | 
| 107 | (d)  An association controlled by unit owners and operating | 
| 108 | a residential condominium shall use its best efforts to obtain | 
| 109 | and maintain adequate insurance to protect the association, the | 
| 110 | association property, the common elements, and the condominium | 
| 111 | property required to be insured by the association pursuant to | 
| 112 | this subsection. | 
| 113 | (e)  The declaration of condominium as originally recorded, | 
| 114 | or as amended pursuant to procedures provided in the | 
| 115 | declaration, may require that condominium property consisting of | 
| 116 | freestanding buildings where there is no more than one building | 
| 117 | in or on such unit need not be insured by the association if the | 
| 118 | declaration requires the unit owner to obtain adequate insurance | 
| 119 | for the condominium property. An association may also obtain and | 
| 120 | maintain liability insurance for directors and officers, | 
| 121 | insurance for the benefit of association employees, and flood | 
| 122 | insurance for common elements, association property, and units. | 
| 123 | (f)1.  Every hazard insurance policy issued or renewed on | 
| 124 | or after January 1, 2009, to protect the condominium shall | 
| 125 | provide primary coverage for: | 
| 126 | a.  All portions of the condominium property as originally | 
| 127 | installed or any replacement of like kind and quality, in | 
| 128 | accordance with the original plans and specifications. | 
| 129 | b.  All alterations or additions made to the condominium | 
| 130 | property or association property pursuant to s. 718.113(2). | 
| 131 | 2.  The coverage shall exclude all personal property within | 
| 132 | the unit or limited common elements, and floor, wall, and | 
| 133 | ceiling coverings, electrical fixtures, appliances, water | 
| 134 | heaters, water filters, built-in cabinets and countertops, and | 
| 135 | window treatments, including curtains, drapes, blinds, hardware, | 
| 136 | and similar window treatment components, or replacements of any | 
| 137 | such items. | 
| 138 | 3.  This paragraph is intended to establish the property or | 
| 139 | casualty insuring responsibilities of the association and the | 
| 140 | individual unit owner and does not serve to broaden or extend | 
| 141 | the perils of coverage afforded by any insurance contract | 
| 142 | provided to the individual unit owner. | 
| 143 | (g)  Every hazard insurance policy issued or renewed on or | 
| 144 | after January 1, 2009, to an individual unit owner shall provide | 
| 145 | that the coverage afforded by such policy is in excess of the | 
| 146 | amount recoverable under any other policy covering the same | 
| 147 | property and shall include special assessment coverage of not | 
| 148 | less than $2,000 per occurrence. Each insurance policy issued to | 
| 149 | an individual unit owner providing such coverage shall be | 
| 150 | without rights of subrogation against the condominium | 
| 151 | association that operates the condominium in which such unit | 
| 152 | owner's unit is located. | 
| 153 | 1.  All improvements or additions to the condominium | 
| 154 | property that benefit less than all unit owners shall be insured | 
| 155 | by any unit owners having the use of such property or may be | 
| 156 | insured by the association at the cost and expense of the unit | 
| 157 | owners having the use of such property. | 
| 158 | 2.  The association shall require each unit owner to | 
| 159 | provide evidence of a currently effective policy of hazard and | 
| 160 | liability insurance upon request but not more frequently than | 
| 161 | annually. Upon the failure of a unit owner to provide a | 
| 162 | certificate of insurance issued by an insurer approved to write | 
| 163 | such insurance in this state within 30 days after a written | 
| 164 | request, the association is entitled but is not obligated to | 
| 165 | purchase a policy of insurance on behalf of an owner and the | 
| 166 | cost of such policy, together with reconstruction costs | 
| 167 | undertaken by the association but which are the responsibility | 
| 168 | of the unit owner, may be collected in the manner provided for | 
| 169 | collection of assessments in s. 718.116. | 
| 170 | 3.  All reconstruction work after a casualty loss shall be | 
| 171 | undertaken by the association except as otherwise permitted in | 
| 172 | this subparagraph. A unit owner may undertake reconstruction | 
| 173 | work on portions of the unit with the prior written consent of | 
| 174 | the board of administration, which may be conditioned upon the | 
| 175 | approval of the repair methods, the qualifications of the | 
| 176 | proposed contractor, and the contract that is used for that | 
| 177 | purpose. A unit owner shall obtain all required governmental | 
| 178 | permits and approvals prior to commencing reconstruction. | 
| 179 | 4.  Unit owners shall be responsible for the cost of | 
| 180 | reconstruction of any portion of the condominium property for | 
| 181 | which the unit owner is required to carry casualty insurance and | 
| 182 | any such reconstruction work undertaken by the association shall | 
| 183 | be chargeable to the unit and enforceable as an assessment | 
| 184 | pursuant to s. 718.116. The association is designated as an | 
| 185 | additional named insured and loss payee on all casualty | 
| 186 | insurance policies issued to unit owners in the condominium | 
| 187 | operated by the association. | 
| 188 | 5.  A multicondominium association may elect by a majority | 
| 189 | vote of the collective members of the condominiums operated by | 
| 190 | the association to operate such condominiums as a single | 
| 191 | condominium for purposes of insurance matters, including, but | 
| 192 | not limited to, the purchase of the hazard insurance required by | 
| 193 | this section and the apportionment of deductibles and damages in | 
| 194 | excess of coverage. The election to aggregate the treatment of | 
| 195 | insurance premiums, deductibles, and excess damages shall be | 
| 196 | treated as an amendment to the declaration of all condominiums | 
| 197 | operated by the association and the costs of insurance shall be | 
| 198 | stated in the association budget. The amendments shall be | 
| 199 | recorded as required by s. 718.110. | 
| 200 | (h)  The association shall obtain and maintain adequate | 
| 201 | insurance or fidelity bonding of all persons who control or | 
| 202 | disburse funds of the association. The insurance policy or | 
| 203 | fidelity bond must cover the maximum funds that will be in the | 
| 204 | custody of the association or its management agent at any one | 
| 205 | time. As used in this paragraph, the term "persons who control | 
| 206 | or disburse funds of the association" includes, but is not | 
| 207 | limited to, those individuals authorized to sign checks and the | 
| 208 | president, secretary, and treasurer of the association. The | 
| 209 | association shall bear the cost of bonding. | 
| 210 | (i)  An association may amend the declaration of | 
| 211 | condominium, without regard to any requirement for mortgagee | 
| 212 | approval of amendments affecting insurance requirements, to | 
| 213 | conform the declaration of condominium to the coverage | 
| 214 | requirements of this subsection. | 
| 215 | (j)  Any portion of the condominium property the | 
| 216 | association is required to insure against casualty loss pursuant | 
| 217 | to paragraph (f) that is damaged by a casualty shall be | 
| 218 | reconstructed, repaired, or replaced as necessary by the | 
| 219 | association as a common expense. All hazard insurance | 
| 220 | deductibles, uninsured losses, and other damages in excess of | 
| 221 | hazard insurance coverage under the hazard insurance policies | 
| 222 | maintained by the association shall be a common expense of the | 
| 223 | condominium, provided: | 
| 224 | 1.  A unit owner shall be responsible for the costs of | 
| 225 | repair or replacement of any portion of the condominium property | 
| 226 | not paid for by insurance proceeds when such damage is caused by | 
| 227 | intentional conduct, negligence, or failure to comply with the | 
| 228 | terms of the declaration or the rules of the association by a | 
| 229 | unit owner, the members of his or her family, or unit occupants, | 
| 230 | tenants, guests, or invitees and without compromise of the | 
| 231 | subrogation rights of any insurer as set forth in paragraph (g). | 
| 232 | 2.  The provisions of subparagraph 1. relating to the | 
| 233 | financial responsibility of a unit owner for the costs of | 
| 234 | repairing or replacing other portions of the condominium | 
| 235 | property also apply to the costs of repairing or replacing | 
| 236 | personal property of other unit owners or the association as | 
| 237 | well as other property, whether real or personal, the unit | 
| 238 | owners are required to insure under paragraph (g). | 
| 239 | 3.  To the extent the cost of repair or reconstruction for | 
| 240 | which the unit owner is responsible under this paragraph is | 
| 241 | reimbursed to the association by insurance proceeds and to the | 
| 242 | extent the association has collected the cost of such repair or | 
| 243 | reconstruction from the unit owner, the association shall | 
| 244 | reimburse the unit owner without the waiver of any rights of | 
| 245 | subrogation. | 
| 246 | 4.  The association is not obligated to pay for repair or | 
| 247 | reconstruction or repairs of casualty losses as a common expense | 
| 248 | when the casualty losses were known or should have been known to | 
| 249 | a unit owner and were not reported to the association until | 
| 250 | after the insurance claim of the association for that casualty | 
| 251 | loss has been settled and resolved with finality or is | 
| 252 | considered untimely filed by the insurer and denied on that | 
| 253 | basis. | 
| 254 | (k)  An association may, upon the approval of a majority of | 
| 255 | the total voting interests in the association, opt out of the | 
| 256 | provisions of paragraph (j) for the allocation of repair or | 
| 257 | reconstruction expenses and allocate repair or reconstruction | 
| 258 | expenses in the manner provided in the declaration as originally | 
| 259 | recorded or as amended. Such vote may be approved by the voting | 
| 260 | interests of the association without regard to any mortgagee | 
| 261 | consent requirements. | 
| 262 | (l)  In a multicondominium association that has not | 
| 263 | consolidated its financial operations under subsection (6), any | 
| 264 | condominium operated by the association may opt out of the | 
| 265 | provisions of paragraph (j) with the approval of a majority of | 
| 266 | the total voting interests in that condominium. Such vote may be | 
| 267 | approved by the voting interests without regard to any mortgagee | 
| 268 | consent requirements. | 
| 269 | (m)  Any association or condominium voting to opt out of | 
| 270 | the guidelines for repair or reconstruction expenses in | 
| 271 | paragraph (j) shall record a notice setting forth the date of | 
| 272 | the opt-out vote and the official records book and page at which | 
| 273 | the declaration is recorded. The opt out shall be effective upon | 
| 274 | the date of recording of the notice in the public records by the | 
| 275 | association. An association that has voted to opt out of | 
| 276 | paragraph (j) may reverse that decision by the same vote | 
| 277 | required under paragraphs (k) and (l), and notice of such | 
| 278 | reversal shall be recorded in the official records. | 
| 279 | (n)  An association shall not be obligated to pay for any | 
| 280 | reconstruction or repair expenses due to casualty loss to any | 
| 281 | improvements installed by a current or former unit owner or by | 
| 282 | the developer when the improvement benefits only the unit for | 
| 283 | which it was installed and is not part of the standard | 
| 284 | improvements installed by the developer on all units as part of | 
| 285 | original construction, whether or not such improvement is | 
| 286 | located within the unit, except to the extent of any insurance | 
| 287 | recovery specifically for any such improvements. | 
| 288 | Section 2.  Paragraph (a) of subsection (1) of section | 
| 289 | 718.115, Florida Statutes, is amended to read: | 
| 290 | 718.115  Common expenses and common surplus.-- | 
| 291 | (1)(a)  Common expenses include the expenses of the | 
| 292 | operation, maintenance, repair, replacement, or protection of | 
| 293 | the common elements and association property, costs of carrying | 
| 294 | out the powers and duties of the association, and any other | 
| 295 | expense, whether or not included in the foregoing, designated as | 
| 296 | common expense by this chapter, the declaration, the documents | 
| 297 | creating the association, or the bylaws. Common expenses also | 
| 298 | include reasonable transportation services, insurance for | 
| 299 | directors and officers, road maintenance and operation expenses, | 
| 300 | in-house communications, and security services, which are | 
| 301 | reasonably related to the general benefit of the unit owners | 
| 302 | even if such expenses do not attach to the common elements or | 
| 303 | property of the condominium. However, such common expenses must | 
| 304 | either have been services or items provided on or after the date | 
| 305 | control of the association is transferred from the developer to | 
| 306 | the unit owners or must be services or items provided for in the | 
| 307 | condominium documents or bylaws. Unless the manner of payment or | 
| 308 | allocation of expenses is otherwise addressed in the declaration | 
| 309 | of condominium, the expenses of any items or services required | 
| 310 | by federal, state, or local government or required by any other | 
| 311 | governmental entity to be installed, maintained, or supplied to | 
| 312 | the condominium property by the association, including, but not | 
| 313 | limited to, fire safety equipment, or water and sewer service | 
| 314 | where a master meter serves the condominium, shall be common | 
| 315 | expenses whether or not such items or services are specifically | 
| 316 | identified as common expenses in the declaration of condominium | 
| 317 | or articles of incorporation or bylaws of the association. Such | 
| 318 | statement is intended to clarify existing law. | 
| 319 | Section 3.  Subsection (8) of section 718.116, Florida | 
| 320 | Statutes, is amended to read: | 
| 321 | 718.116  Assessments; liability; lien and priority; | 
| 322 | interest; collection.-- | 
| 323 | (8)  Within 15 days after receiving a written request | 
| 324 | therefor from a unit owner or a designee of a unit owner | 
| 325 | purchaser, or unit mortgagee or a designee of a unit mortgagee, | 
| 326 | the association shall provide a certificate signed by an officer | 
| 327 | or agent of the association stating all assessments and other | 
| 328 | moneys owed to the association by the unit owner with respect to | 
| 329 | the condominium parcel. | 
| 330 | (a)  Any person other than the owner who relies upon such | 
| 331 | certificate shall be protected thereby. | 
| 332 | (b)  A summary proceeding pursuant to s. 51.011 may be | 
| 333 | brought to compel compliance with this subsection, and in any | 
| 334 | such action the prevailing party is entitled to recover | 
| 335 | reasonable attorney's fees. | 
| 336 | (c)  Notwithstanding any limitation on transfer fees | 
| 337 | contained in s. 718.112(2)(i), the association or its authorized | 
| 338 | agent may charge a reasonable fee for the preparation of the | 
| 339 | certificate, which fee shall be set forth in the certificate. | 
| 340 | (d)  The authority to charge a fee under this section shall | 
| 341 | be established by written resolution adopted by the board in | 
| 342 | advance of the charge or provided by written management, | 
| 343 | bookkeeping, or maintenance contract. The fee shall be payable | 
| 344 | upon the preparation of the certificate; and, if the certificate | 
| 345 | is requested in conjunction with the sale or mortgage of the | 
| 346 | unit and the closing does not take place, the fee shall be | 
| 347 | promptly refunded upon written notice from the person requesting | 
| 348 | the certificate stating that the sale or mortgage was not | 
| 349 | effectuated. The fee for a certificate in conjunction with a | 
| 350 | sale or mortgage that is not effectuated and a refund that is | 
| 351 | paid to the party requesting the certificate shall be an | 
| 352 | obligation of the unit owner and shall be collectible in the | 
| 353 | same manner as an assessment provided by this section. | 
| 354 | Section 4.  Paragraph (c) of subsection (17) of section | 
| 355 | 718.117, Florida Statutes, is amended to read: | 
| 356 | 718.117  Termination of condominium.-- | 
| 357 | (17)  DISTRIBUTION.-- | 
| 358 | (c)  The proceeds from any sale of condominium property or | 
| 359 | association property and any remaining condominium property or | 
| 360 | association property, common surplus, and other assets shall be | 
| 361 | distributed in the following priority: | 
| 362 | 1.  To pay the reasonable termination trustee's fees and | 
| 363 | costs and accounting fees and costs. | 
| 364 | 2.  To lienholders of liens recorded prior to the recording | 
| 365 | of the declaration. | 
| 366 | 3.  To purchase-money lienholders on units to the extent | 
| 367 | necessary to satisfy their liens, but in no event shall the | 
| 368 | distribution exceed a unit's share of the proceeds. | 
| 369 | 4.  To lienholders of liens of the association which have | 
| 370 | been consented to under s. 718.121(1). | 
| 371 | 5.  To creditors of the association, as their interests | 
| 372 | appear. | 
| 373 | 6.  To unit owners, the proceeds of any sale of condominium | 
| 374 | property subject to satisfaction of liens on each unit in their | 
| 375 | order of priority, in shares specified in the plan of | 
| 376 | termination, unless objected to by a unit owner or lienor as | 
| 377 | provided in paragraph (b). | 
| 378 | 7.  To unit owners, the remaining condominium property, | 
| 379 | subject to satisfaction of liens on each unit in their order of | 
| 380 | priority, in shares specified in the plan of termination, unless | 
| 381 | objected to by a unit owner or a lienor as provided in paragraph | 
| 382 | (b). | 
| 383 | 8.  To unit owners, the proceeds of any sale of association | 
| 384 | property, the remaining association property, common surplus, | 
| 385 | and other assets of the association, subject to satisfaction of | 
| 386 | liens on each unit in their order of priority, in shares | 
| 387 | specified in the plan of termination, unless objected to by a | 
| 388 | unit owner or a lienor as provided in paragraph (b). | 
| 389 | Section 5.  Section 720.3087, Florida Statutes, is created | 
| 390 | to read: | 
| 391 | 720.3087  Estoppel certificates.--Within 15 days after | 
| 392 | receiving a written request therefor from a parcel owner or the | 
| 393 | designee of a parcel owner, or a parcel mortgagee or the | 
| 394 | designee of a parcel mortgagee, the association shall provide a | 
| 395 | certificate signed by an officer or agent of the association | 
| 396 | stating all assessments and other moneys owed to the association | 
| 397 | by the parcel owner with respect to the parcel. | 
| 398 | (1)  Any person other than the parcel owner who relies upon | 
| 399 | such certificate shall be protected thereby. | 
| 400 | (2)  A summary procedure pursuant to s. 51.011 may be | 
| 401 | brought to compel compliance with this section, and in any such | 
| 402 | action the prevailing party is entitled to recover reasonable | 
| 403 | attorney's fees. | 
| 404 | (3)  The authority to charge a fee under this section shall | 
| 405 | be established by written resolution adopted by the board in | 
| 406 | advance of the charge or provided by written management, | 
| 407 | bookkeeping, or maintenance contract. The fee shall be payable | 
| 408 | upon the preparation of the certificate; and, if the certificate | 
| 409 | is requested in conjunction with the sale or mortgage of the | 
| 410 | parcel and the closing does not take place, the fee shall be | 
| 411 | promptly refunded upon written notice from the person requesting | 
| 412 | the certificate stating that the sale or mortgage was not | 
| 413 | effectuated. The fee for a certificate in conjunction with a | 
| 414 | sale or mortgage that is not effectuated and a refund that is | 
| 415 | paid to the party requesting the certificate shall be an | 
| 416 | obligation of the parcel owner and shall be collectible as an | 
| 417 | assessment provided by this chapter. | 
| 418 | Section 6.  This act shall take effect July 1, 2008. |