Amendment
Bill No. CS/CS/CS/HB 27

Amendment No. 256833

CHAMBER ACTION
Senate		House
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1	Representatives Skidmore and Ambler offered the following:
2
3	Amendment (with title amendment)
4	Remove lines 224-426 and insert:
5	(d)  Unit owner meetings.--
6	1.  There shall be an annual meeting of the unit owners
7	held at the location provided in the association bylaws and, if
8	the bylaws are silent as to the location, the meeting shall be
9	held within 45 miles of the condominium property. However, such
10	distance requirement does not apply to an association governing
11	a timeshare condominium. Unless the bylaws provide otherwise, a
12	vacancy on the board caused by the expiration of a director's
13	term shall be filled by electing a new board member, and the
14	election shall be by secret ballot; however, if the number of
15	vacancies equals or exceeds the number of candidates, no
16	election is required. Except in an association governing a
17	timeshare condominium, the terms of all members of the board
18	shall expire at the annual meeting and such board members may
19	stand for reelection unless otherwise permitted by the bylaws.
20	In the event that the bylaws permit staggered terms of no more
21	than 2 years and upon approval of a majority of the total voting
22	interests, the association board members may serve 2-year
23	staggered terms. If the number no person is interested in or
24	demonstrates an intention to run for the position of a board
25	members member whose terms have term has expired according to
26	the provisions of this subparagraph exceeds the number of
27	eligible association members showing interest in or
28	demonstrating an intention to run for the vacant positions, each
29	such board member whose term has expired shall become eligible
30	for reappointment be automatically reappointed to the board of
31	administration and need not stand for reelection. In a
32	condominium association of more than 10 units, or in a
33	condominium association that does not include timeshare units,
34	coowners of a unit may not serve as members of the board of
35	directors at the same time unless they own more than one unit
36	and are not co-occupants of a unit or unless there is an
37	insufficient number of eligible association members showing
38	interest in or demonstrating an intention to run for the vacant
39	positions on the board. Any unit owner desiring to be a
40	candidate for board membership shall comply with sub-
41	subparagraph subparagraph 3.a. A person who has been suspended
42	or removed by the division under this chapter, or who is
43	delinquent in the payment of any fee, fine, or special or
44	regular assessment as provided in paragraph (n), is not eligible
45	for board membership. A person who has been convicted of any
46	felony in this state or in a United States District or
47	Territorial Court, or who has been convicted of any offense in
48	another jurisdiction that would be considered a felony if
49	committed in this state, is not eligible for board membership
50	unless such felon's civil rights have been restored for a period
51	of no less than 5 years as of the date on which such person
52	seeks election to the board. The validity of an action by the
53	board is not affected if it is later determined that a member of
54	the board is ineligible for board membership due to having been
55	convicted of a felony.
56	2.  The bylaws shall provide the method of calling meetings
57	of unit owners, including annual meetings. Written notice, which
58	notice must include an agenda, shall be mailed, hand delivered,
59	or electronically transmitted to each unit owner at least 14
60	days prior to the annual meeting and shall be posted in a
61	conspicuous place on the condominium property at least 14
62	continuous days preceding the annual meeting. Upon notice to the
63	unit owners, the board shall by duly adopted rule designate a
64	specific location on the condominium property or association
65	property upon which all notices of unit owner meetings shall be
66	posted; however, if there is no condominium property or
67	association property upon which notices can be posted, this
68	requirement does not apply. In lieu of or in addition to the
69	physical posting of notice of any meeting of the unit owners on
70	the condominium property, the association may, by reasonable
71	rule, adopt a procedure for conspicuously posting and repeatedly
72	broadcasting the notice and the agenda on a closed-circuit cable
73	television system serving the condominium association. However,
74	if broadcast notice is used in lieu of a notice posted
75	physically on the condominium property, the notice and agenda
76	must be broadcast at least four times every broadcast hour of
77	each day that a posted notice is otherwise required under this
78	section. When broadcast notice is provided, the notice and
79	agenda must be broadcast in a manner and for a sufficient
80	continuous length of time so as to allow an average reader to
81	observe the notice and read and comprehend the entire content of
82	the notice and the agenda. Unless a unit owner waives in writing
83	the right to receive notice of the annual meeting, such notice
84	shall be hand delivered, mailed, or electronically transmitted
85	to each unit owner. Notice for meetings and notice for all other
86	purposes shall be mailed to each unit owner at the address last
87	furnished to the association by the unit owner, or hand
88	delivered to each unit owner. However, if a unit is owned by
89	more than one person, the association shall provide notice, for
90	meetings and all other purposes, to that one address which the
91	developer initially identifies for that purpose and thereafter
92	as one or more of the owners of the unit shall so advise the
93	association in writing, or if no address is given or the owners
94	of the unit do not agree, to the address provided on the deed of
95	record. An officer of the association, or the manager or other
96	person providing notice of the association meeting, shall
97	provide an affidavit or United States Postal Service certificate
98	of mailing, to be included in the official records of the
99	association affirming that the notice was mailed or hand
100	delivered, in accordance with this provision.
101	3.a.  The members of the board shall be elected by written
102	ballot or voting machine. Proxies shall in no event be used in
103	electing the board, either in general elections or elections to
104	fill vacancies caused by recall, resignation, or otherwise,
105	unless otherwise provided in this chapter. Not less than 60 days
106	before a scheduled election, the association shall mail,
107	deliver, or electronically transmit, whether by separate
108	association mailing or included in another association mailing,
109	delivery, or transmission, including regularly published
110	newsletters, to each unit owner entitled to a vote, a first
111	notice of the date of the election along with a certification
112	form provided by the division attesting that he or she has read
113	and understands, to the best of his or her ability, the
114	governing documents of the association and the provisions of
115	this chapter and any applicable rules. Any unit owner or other
116	eligible person desiring to be a candidate for the board must
117	give written notice of his or her intent to be a candidate to
118	the association not less than 40 days before a scheduled
119	election. Together with the written notice and agenda as set
120	forth in subparagraph 2., the association shall mail, deliver,
121	or electronically transmit a second notice of the election to
122	all unit owners entitled to vote therein, together with a ballot
123	which shall list all candidates. Upon request of a candidate,
124	the association shall include an information sheet, no larger
125	than 8 1/2 inches by 11 inches, which must be furnished by the
126	candidate not less than 35 days before the election, shall along
127	with the signed certification form provided for in this
128	subparagraph, to be included with the mailing, delivery, or
129	transmission of the ballot, with the costs of mailing, delivery,
130	or electronic transmission and copying to be borne by the
131	association. The association is not liable for the contents of
132	the information sheets prepared by the candidates. In order to
133	reduce costs, the association may print or duplicate the
134	information sheets on both sides of the paper. The division
135	shall by rule establish voting procedures consistent with the
136	provisions contained herein, including rules establishing
137	procedures for giving notice by electronic transmission and
138	rules providing for the secrecy of ballots. Elections shall be
139	decided by a plurality of those ballots cast. There shall be no
140	quorum requirement; however, at least 20 percent of the eligible
141	voters must cast a ballot in order to have a valid election of
142	members of the board. No unit owner shall permit any other
143	person to vote his or her ballot, and any such ballots
144	improperly cast shall be deemed invalid, provided any unit owner
145	who violates this provision may be fined by the association in
146	accordance with s. 718.303. A unit owner who needs assistance in
147	casting the ballot for the reasons stated in s. 101.051 may
148	obtain assistance in casting the ballot. The regular election
149	shall occur on the date of the annual meeting. The provisions of
150	this sub-subparagraph subparagraph shall not apply to timeshare
151	condominium associations. Notwithstanding the provisions of this
152	sub-subparagraph subparagraph, an election is not required
153	unless more candidates file notices of intent to run or are
154	nominated than board vacancies exist.
155	b.  Within 90 days after being elected to the board, each
156	newly elected director shall certify in writing to the secretary
157	of the association that he or she has read the association's
158	declarations of covenants and restrictions, articles of
159	incorporation, bylaws, and current written policies; that he or
160	she will work to uphold such documents and policies to the best
161	of his or her ability; and that he or she will faithfully
162	discharge his or her fiduciary responsibility to the
163	association's members. In lieu of this written certification,
164	the newly elected director may submit a certificate of
165	satisfactory completion of the educational curriculum
166	administered by a division-approved condominium education
167	provider. Failure to timely file the written certification or
168	educational certificate automatically disqualifies the director
169	from service on the board. The secretary shall cause the
170	association to retain a director's written certification or
171	educational certificate for inspection by the members for 5
172	years after a director's election. Failure to have such written
173	certification or educational certificate on file does not affect
174	the validity of any appropriate action.
175	4.  Any approval by unit owners called for by this chapter
176	or the applicable declaration or bylaws, including, but not
177	limited to, the approval requirement in s. 718.111(8), shall be
178	made at a duly noticed meeting of unit owners and shall be
179	subject to all requirements of this chapter or the applicable
180	condominium documents relating to unit owner decisionmaking,
181	except that unit owners may take action by written agreement,
182	without meetings, on matters for which action by written
183	agreement without meetings is expressly allowed by the
184	applicable bylaws or declaration or any statute that provides
185	for such action.
186	5.  Unit owners may waive notice of specific meetings if
187	allowed by the applicable bylaws or declaration or any statute.
188	If authorized by the bylaws, notice of meetings of the board of
189	administration, unit owner meetings, except unit owner meetings
190	called to recall board members under paragraph (j), and
191	committee meetings may be given by electronic transmission to
192	unit owners who consent to receive notice by electronic
193	transmission.
194	6.  Unit owners shall have the right to participate in
195	meetings of unit owners with reference to all designated agenda
196	items. However, the association may adopt reasonable rules
197	governing the frequency, duration, and manner of unit owner
198	participation.
199	7.  Any unit owner may tape record or videotape a meeting
200	of the unit owners subject to reasonable rules adopted by the
201	division.
202	8.  Unless otherwise provided in the bylaws, any vacancy
203	occurring on the board before the expiration of a term may be
204	filled by the affirmative vote of the majority of the remaining
205	directors, even if the remaining directors constitute less than
206	a quorum, or by the sole remaining director. In the alternative,
207	a board may hold an election to fill the vacancy, in which case
208	the election procedures must conform to the requirements of sub-
209	subparagraph subparagraph 3.a. unless the association governs 10
210	units or fewer less and has opted out of the statutory election
211	process, in which case the bylaws of the association control.
212	Unless otherwise provided in the bylaws, a board member
213	appointed or elected under this section shall fill the vacancy
214	for the unexpired term of the seat being filled. Filling
215	vacancies created by recall is governed by paragraph (j) and
216	rules adopted by the division.
217
218	Notwithstanding subparagraph subparagraphs (b)2. and sub-
219	subparagraph (d)3.a., an association of 10 or fewer units may,
220	by the affirmative vote of a majority of the total voting
221	interests, provide for different voting and election procedures
222	in its bylaws, which vote may be by a proxy specifically
223	delineating the different voting and election procedures. The
224	different voting and election procedures may provide for
225	elections to be conducted by limited or general proxy.
226
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228	T I T L E  A M E N D M E N T
229	Remove line 8 and insert:
230	meetings; revising requirements for the reappointment of certain
231	board members; providing an exception to the expiration of the
232	terms of members of certain boards; revising board eligibility
233	requirements; revising notice requirements for board candidates;
234	establishing requirements for newly elected board members;
235	requiring each newly elected director to certify

CODING: Words stricken are deletions; words underlined are additions.