Florida Senate - 2009                                     SB 880
       
       
       
       By Senator Fasano
       
       
       
       
       11-00678-09                                            2009880__
    1                        A bill to be entitled                      
    2         An act relating to condominium associations; creating
    3         s. 627.714, F.S.; requiring that condominium unit
    4         owners' policies issued on or after a specified date
    5         include a specified minimum amount of loss-assessment
    6         coverage; providing requirements for such coverage;
    7         amending s. 718.111, F.S.; providing guidelines for
    8         property insurance coverage obtained by specified
    9         types of associations; authorizing an association to
   10         obtain certain other types of coverage; providing
   11         requirements regarding notice of board meetings
   12         conducted for the purpose of establishing the amounts
   13         of certain deductibles; providing that insurance for
   14         property excluded from the list of items required to
   15         be covered under a property policy is the
   16         responsibility of a unit owner; requiring that certain
   17         policies issued on or after a specified date conform
   18         to specified requirements of state law; requiring that
   19         certain policies include loss-assessment coverage;
   20         specifying a minimum amount for such coverage;
   21         deleting provisions relating to the responsibility to
   22         provide property insurance for certain improvements or
   23         additions; requiring that an association require unit
   24         owners to provide evidence of a currently effective
   25         personal liability policy; limiting the number of
   26         times an association may enforce such requirement;
   27         specifying a minimum amount for such coverage;
   28         requiring that such coverage contain certain
   29         provisions; deleting a provision requiring that an
   30         association be an additional named insured and loss
   31         payee on all casualty policies issued to unit owners
   32         in a condominium operated by an association; providing
   33         conditions under which a unit owner is responsible for
   34         costs of replacement or repair of portions of
   35         condominium property not paid by insurance proceeds;
   36         providing penalties for any person who knowingly or
   37         intentionally defaces or destroys certain records of
   38         an association with the intent to harm the association
   39         or any of its members; providing that an association
   40         is not responsible for the use or misuse of certain
   41         information obtained pursuant to state law requiring
   42         the maintenance of certain records of an association;
   43         providing that, notwithstanding the other
   44         requirements, certain records are not accessible to
   45         unit owners; requiring that any rules adopted for the
   46         purpose of setting forth accounting principles or
   47         addressing financial reporting requirements include
   48         certain provisions and standards; amending s. 718.112,
   49         F.S.; providing that the board of administration of an
   50         association has no obligation to take action with
   51         regard to certain items on its agenda; providing for
   52         the expiration of the terms of members of the board of
   53         administration if no provisions in that regard exist
   54         in the bylaws; authorizing the reappointment of
   55         members under certain conditions; prohibiting coowners
   56         or cooccupants from simultaneously serving as members
   57         of the board of certain associations; providing an
   58         exception; deleting a provision requiring an
   59         association to mail a certification containing certain
   60         provisions to unit owners before an election of board
   61         members; requiring that any unit owner desiring to be
   62         a candidate for election as a member of the board give
   63         written notice; requiring that such notice contain
   64         certain attestations; requiring that such notice be
   65         signed and acknowledged by the candidate on or before
   66         a specified deadline; requiring that certain expenses
   67         be detailed in an association's annual budget;
   68         providing that a director or officer delinquent in the
   69         payment of regular or special assessments by more than
   70         a specified number of days is deemed to have abandoned
   71         the office; requiring that a director charged by
   72         information or indictment of certain offenses
   73         involving an association's funds or property be
   74         removed from office; amending s. 718.115, F.S.;
   75         requiring that broadband or Internet service obtained
   76         pursuant to a bulk contract as provided in the
   77         declaration be deemed a common expense; conforming a
   78         cross-reference; amending s. 718.116, F.S.; limiting
   79         the liability for certain unpaid assessments of
   80         certain entities acquiring title to a unit by
   81         foreclosure or deed in lieu of foreclosure; providing
   82         that the failure of such an entity to pay such unpaid
   83         assessments within a specified period after acquiring
   84         title entitles the association to recover all
   85         outstanding special and regular assessments that were
   86         due before the acquisition of title; expanding the
   87         definition of “successor or assignee” to include
   88         certain affiliates or subsidiaries; prohibiting an
   89         association from filing a lien against a condominium
   90         unit for a specified period after notice of intent to
   91         file such lien is delivered to the owner; providing
   92         means for completion of such delivery; repealing s.
   93         718.121(4), F.S., relating to the filing of liens by
   94         an association against a condominium unit; amending s.
   95         720.304, F.S.; providing that a flagpole and any
   96         flagpole display is subject to certain codes and
   97         regulations; amending s. 721.16, F.S., relating to
   98         liens for overdue assessments; conforming a cross
   99         reference; repealing s. 553.509(2), F.S., relating to
  100         public elevators and emergency operation plans in
  101         certain condominiums and multifamily dwellings;
  102         providing an effective date.
  103         
  104  Be It Enacted by the Legislature of the State of Florida:
  105         
  106         Section 1. Section 627.714, Florida Statutes, is created to
  107  read:
  108         627.714Condominium unit owner's coverage; loss-assessment
  109  coverage required.—For policies issued or renewed on or after
  110  October 1, 2009, coverage under a condominium unit owner's
  111  policy shall include loss-assessment coverage of at least
  112  $2,000. Such loss-assessment coverage shall cover the unit
  113  owner’s share of the master policy deductible and the unit
  114  owner’s share of an assessment against all condominium unit
  115  owners by the association, up to the limit of liability in
  116  effect at the time of the loss that results in the assessment.
  117  At a minimum, the loss-assessment coverage must cover
  118  assessments for a loss to property for a peril insured by the
  119  association.
  120         Section 2. Paragraphs (a), (b), (c), (d), (e), (f), (g),
  121  and (j) of subsection (11), paragraphs (a), (b), and (c) of
  122  subsection (12), and subsection (13) of section 718.111, Florida
  123  Statutes, are amended to read:
  124         718.111 The association.—
  125         (11) INSURANCE.—In order to protect the safety, health, and
  126  welfare of the people of the State of Florida and to ensure
  127  consistency in the provision of insurance coverage to
  128  condominiums and their unit owners, this subsection applies to
  129  every residential condominium in the state, regardless of the
  130  date of its declaration of condominium. It is the intent of the
  131  Legislature to encourage lower or stable insurance premiums for
  132  associations described in this subsection.
  133         (a) Adequate property hazard insurance, regardless of any
  134  requirement in the declaration of condominium for coverage by
  135  the association for full insurable value, replacement cost, or
  136  similar coverage, shall be based upon the replacement cost of
  137  the property to be insured as determined by an independent
  138  insurance appraisal or update of a prior appraisal. The full
  139  insurable value shall be determined at least once every 36
  140  months. The association may also obtain other coverage as
  141  appropriate, including, but not limited to, liability insurance
  142  for directors and officers, insurance for the benefit of
  143  association employees, and flood insurance for common elements,
  144  association property, and units.
  145         1. An association or group of associations may provide
  146  adequate property hazard insurance through a self-insurance fund
  147  that complies with the requirements of ss. 624.460-624.488.
  148         2. The association may also provide adequate property
  149  hazard insurance coverage for a group of no fewer than three
  150  communities created and operating under this chapter, chapter
  151  719, chapter 720, or chapter 721 by obtaining and maintaining
  152  for such communities insurance coverage sufficient to cover an
  153  amount equal to the probable maximum loss for the communities
  154  for a 250-year windstorm event. Such probable maximum loss must
  155  be determined through the use of a competent model that has been
  156  accepted by the Florida Commission on Hurricane Loss Projection
  157  Methodology. No policy or program providing such coverage shall
  158  be issued or renewed after July 1, 2008, unless it has been
  159  reviewed and approved by the Office of Insurance Regulation. The
  160  review and approval shall include approval of the policy and
  161  related forms pursuant to ss. 627.410 and 627.411, approval of
  162  the rates pursuant to s. 627.062, a determination that the loss
  163  model approved by the commission was accurately and
  164  appropriately applied to the insured structures to determine the
  165  250-year probable maximum loss, and a determination that
  166  complete and accurate disclosure of all material provisions is
  167  provided to condominium unit owners prior to execution of the
  168  agreement by a condominium association.
  169         3. When determining the adequate amount of property hazard
  170  insurance coverage, the association may consider deductibles as
  171  determined by this subsection.
  172         (b) If an association is a developer-controlled
  173  association, the association shall exercise its best efforts to
  174  obtain and maintain insurance as described in paragraph (a).
  175  Failure to obtain and maintain adequate property hazard
  176  insurance during any period of developer control constitutes a
  177  breach of fiduciary responsibility by the developer-appointed
  178  members of the board of directors of the association, unless the
  179  members can show that, despite such failure, they have made
  180  their best efforts to maintain the required coverage.
  181         (c) Policies may include deductibles as determined by the
  182  board.
  183         1. The deductibles shall be consistent with industry
  184  standards and prevailing practice for communities of similar
  185  size and age, and having similar construction and facilities in
  186  the locale where the condominium property is situated.
  187         2. The deductibles may be based upon prevailing industry
  188  deductibles, available funds, including reserve accounts, or
  189  predetermined assessment authority at the time the insurance is
  190  obtained.
  191         3. The board shall establish the amount of deductibles
  192  based upon the level of available funds and predetermined
  193  assessment authority at a meeting of the board. Such meeting
  194  shall be open to all unit owners in the manner set forth in s.
  195  718.112(2)(e). The notice of such meeting must state the
  196  current, prevailing, or proposed deductible and the available
  197  funds and the assessment authority relied upon by the board and
  198  estimate any potential assessment amount against each unit, if
  199  any. The meeting described in this paragraph may be held in
  200  conjunction with a meeting to consider the proposed budget or an
  201  amendment thereto.
  202         (d) An association controlled by unit owners operating as a
  203  residential condominium shall use its best efforts to obtain and
  204  maintain adequate insurance to protect the association, the
  205  association property, the common elements, and the condominium
  206  property that is required to be insured by the association
  207  pursuant to this subsection. Such insurance shall include
  208  property insurance, which must insure, at a minimum, loss due to
  209  the perils of fire, lightning, windstorm, and hail.
  210         (e) The declaration of condominium, as originally recorded,
  211  or as amended pursuant to procedures provided therein, may
  212  provide that condominium property consisting of freestanding
  213  buildings comprised of no more than one building in or on such
  214  unit need not be insured by the association if the declaration
  215  requires the unit owner to obtain adequate insurance for the
  216  condominium property. An association may also obtain and
  217  maintain liability insurance for directors and officers,
  218  insurance for the benefit of association employees, and flood
  219  insurance for common elements, association property, and units.
  220         (f) Every property hazard insurance policy issued or
  221  renewed on or after January 1, 2009, for the purpose of
  222  protecting the condominium shall provide primary coverage for:
  223         1. All portions of the condominium property as originally
  224  installed or replacement of like kind and quality, in accordance
  225  with the original plans and specifications.
  226         2. All alterations or additions made to the condominium
  227  property or association property pursuant to s. 718.113(2).
  228         3. The coverage shall exclude all personal property within
  229  the unit or limited common elements, and floor, wall, and
  230  ceiling coverings, electrical fixtures, appliances, water
  231  heaters, water filters, built-in cabinets and countertops, and
  232  window treatments, including curtains, drapes, blinds, hardware,
  233  and similar window treatment components, or replacements of any
  234  of the foregoing. Such property and any insurance thereupon is
  235  the responsibility of the unit owner.
  236         (g) A condominium unit owner's policy issued after October
  237  1, 2009, shall conform to the requirements of s. 627.714. Every
  238  hazard insurance policy issued or renewed on or after January 1,
  239  2009, to an individual unit owner must contain a provision
  240  stating that the coverage afforded by such policy is excess
  241  coverage over the amount recoverable under any other policy
  242  covering the same property. Such policies must include loss
  243  assessment special assessment coverage of no less than $2,000
  244  per occurrence without a deductible. An insurance policy issued
  245  to an individual unit owner providing such coverage does not
  246  provide rights of subrogation against the condominium
  247  association operating the condominium in which such individual's
  248  unit is located.
  249         1.All improvements or additions to the condominium
  250  property that benefit fewer than all unit owners shall be
  251  insured by the unit owner or owners having the use thereof, or
  252  may be insured by the association at the cost and expense of the
  253  unit owners having the use thereof.
  254         1.2. The association shall require each owner to provide
  255  evidence of a currently effective policy of personal hazard and
  256  liability insurance upon request, but not more than once per
  257  year. Such insurance must provide limits of no less than
  258  $300,000 per occurrence, and shall insure the unit owner for
  259  losses to others resulting from conditions and occurrences
  260  within the unit or the limited common elements without regard to
  261  fault. Upon the failure of an owner to provide a certificate of
  262  insurance issued by an insurer approved to write such insurance
  263  in this state within 30 days after the date on which a written
  264  request is delivered, the association may purchase a policy of
  265  insurance on behalf of an owner. The cost of such a policy,
  266  together with reconstruction costs undertaken by the association
  267  but which are the responsibility of the unit owner, may be
  268  collected in the manner provided for the collection of
  269  assessments in s. 718.116.
  270         2.3. All reconstruction work after a casualty loss shall be
  271  undertaken by the association except as otherwise authorized in
  272  this section. A unit owner may undertake reconstruction work on
  273  portions of the unit with the prior written consent of the board
  274  of administration. However, such work may be conditioned upon
  275  the approval of the repair methods, the qualifications of the
  276  proposed contractor, or the contract that is used for that
  277  purpose. A unit owner shall obtain all required governmental
  278  permits and approvals prior to commencing reconstruction.
  279         3.4. Unit owners are responsible for the cost of
  280  reconstruction of any portions of the condominium property for
  281  which the unit owner is required to carry casualty insurance,
  282  and any such reconstruction work undertaken by the association
  283  shall be chargeable to the unit owner and enforceable as an
  284  assessment pursuant to s. 718.116. The association must be an
  285  additional named insured and loss payee on all casualty
  286  insurance policies issued to unit owners in the condominium
  287  operated by the association.
  288         4.5. A multicondominium association may elect, by a
  289  majority vote of the collective members of the condominiums
  290  operated by the association, to operate such condominiums as a
  291  single condominium for purposes of insurance matters, including,
  292  but not limited to, the purchase of the property hazard
  293  insurance required by this section and the apportionment of
  294  deductibles and damages in excess of coverage. The election to
  295  aggregate the treatment of insurance premiums, deductibles, and
  296  excess damages constitutes an amendment to the declaration of
  297  all condominiums operated by the association, and the costs of
  298  insurance shall be stated in the association budget. The
  299  amendments shall be recorded as required by s. 718.110.
  300         (j) Any portion of the condominium property required to be
  301  insured by the association against casualty loss pursuant to
  302  paragraph (f) which is damaged by casualty shall be
  303  reconstructed, repaired, or replaced as necessary by the
  304  association as a common expense. All property hazard insurance
  305  deductibles, uninsured losses, and other damages in excess of
  306  property hazard insurance coverage under the property hazard
  307  insurance policies maintained by the association are a common
  308  expense of the condominium, except that:
  309         1. A unit owner is responsible for the costs of repair or
  310  replacement of any portion of the condominium property not paid
  311  by insurance proceeds, if such damage is caused by conditions
  312  and occurrences within the unit or the limited common elements
  313  without regard to fault intentional conduct, negligence, or
  314  failure to comply with the terms of the declaration or the rules
  315  of the association, or by a unit owner, the members of a unit
  316  owner's his or her family, unit occupants, tenants, guests, or
  317  invitees, without compromise of the subrogation rights of any
  318  insurer as set forth in paragraph (g).
  319         2. The provisions of subparagraph 1. regarding the
  320  financial responsibility of a unit owner for the costs of
  321  repairing or replacing other portions of the condominium
  322  property also apply to the costs of repair or replacement of
  323  personal property of other unit owners or the association, as
  324  well as other property, whether real or personal, which the unit
  325  owners are required to insure under paragraph (g).
  326         3. To the extent the cost of repair or reconstruction for
  327  which the unit owner is responsible under this paragraph is
  328  reimbursed to the association by insurance proceeds, and, to the
  329  extent the association has collected the cost of such repair or
  330  reconstruction from the unit owner, the association shall
  331  reimburse the unit owner without the waiver of any rights of
  332  subrogation.
  333         4. The association is not obligated to pay for repair or
  334  reconstruction or repairs of casualty losses as a common expense
  335  if the casualty losses were known or should have been known to a
  336  unit owner and were not reported to the association until after
  337  the insurance claim of the association for that casualty was
  338  settled or resolved with finality, or denied on the basis that
  339  it was untimely filed.
  340         (12) OFFICIAL RECORDS.—
  341         (a) From the inception of the association, the association
  342  shall maintain each of the following items, when applicable,
  343  which shall constitute the official records of the association:
  344         1. A copy of the plans, permits, warranties, and other
  345  items provided by the developer pursuant to s. 718.301(4).
  346         2. A photocopy of the recorded declaration of condominium
  347  of each condominium operated by the association and of each
  348  amendment to each declaration.
  349         3. A photocopy of the recorded bylaws of the association
  350  and of each amendment to the bylaws.
  351         4. A certified copy of the articles of incorporation of the
  352  association, or other documents creating the association, and of
  353  each amendment thereto.
  354         5. A copy of the current rules of the association.
  355         6. A book or books which contain the minutes of all
  356  meetings of the association, of the board of administration, and
  357  of unit owners, which minutes shall be retained for a period of
  358  not less than 7 years.
  359         7. A current roster of all unit owners and their mailing
  360  addresses, unit identifications, voting certifications, and, if
  361  known, telephone numbers. The association shall also maintain
  362  the electronic mailing addresses and the numbers designated by
  363  unit owners for receiving notice sent by electronic transmission
  364  of those unit owners consenting to receive notice by electronic
  365  transmission. The electronic mailing addresses and numbers
  366  provided by unit owners to receive notice by electronic
  367  transmission shall be removed from association records when
  368  consent to receive notice by electronic transmission is revoked.
  369  However, the association is not liable for an erroneous
  370  disclosure of the electronic mail address or the number for
  371  receiving electronic transmission of notices.
  372         8. All current insurance policies of the association and
  373  condominiums operated by the association.
  374         9. A current copy of any management agreement, lease, or
  375  other contract to which the association is a party or under
  376  which the association or the unit owners have an obligation or
  377  responsibility.
  378         10. Bills of sale or transfer for all property owned by the
  379  association.
  380         11. Accounting records for the association and separate
  381  accounting records for each condominium which the association
  382  operates. All accounting records shall be maintained for a
  383  period of not less than 7 years. Any person who knowingly or
  384  intentionally defaces or destroys accounting records required to
  385  be created and maintained by this chapter during the period for
  386  which such records are required to be maintained pursuant to
  387  this chapter, or who knowingly or intentionally fails to create
  388  or maintain accounting records required to be maintained by this
  389  chapter, with the intent of causing harm to the association or
  390  one or more of its members, is personally subject to a civil
  391  penalty pursuant to s. 718.501(1)(d). The accounting records
  392  shall include, but are not limited to:
  393         a. Accurate, itemized, and detailed records of all receipts
  394  and expenditures.
  395         b. A current account and a monthly, bimonthly, or quarterly
  396  statement of the account for each unit designating the name of
  397  the unit owner, the due date and amount of each assessment, the
  398  amount paid upon the account, and the balance due.
  399         c. All audits, reviews, accounting statements, and
  400  financial reports of the association or condominium.
  401         d. All contracts for work to be performed. Bids for work to
  402  be performed shall also be considered official records and shall
  403  be maintained by the association.
  404         12. Ballots, sign-in sheets, voting proxies, and all other
  405  papers relating to voting by unit owners, which shall be
  406  maintained for a period of 1 year from the date of the election,
  407  vote, or meeting to which the document relates, notwithstanding
  408  paragraph (b).
  409         13. All rental records, when the association is acting as
  410  agent for the rental of condominium units.
  411         14. A copy of the current question and answer sheet as
  412  described by s. 718.504.
  413         15. All other records of the association not specifically
  414  included in the foregoing which are related to the operation of
  415  the association.
  416         16. A copy of the inspection report as provided for in s.
  417  718.301(4)(p).
  418         (b) The official records of the association shall be
  419  maintained within the state for at least 7 years. The records of
  420  the association shall be made available to a unit owner within
  421  45 miles of the condominium property or within the county in
  422  which the condominium property is located within 5 working days
  423  after receipt of written request by the board or its designee.
  424  However, such distance requirement does not apply to an
  425  association governing a timeshare condominium. This paragraph
  426  may be complied with by having a copy of the official records of
  427  the association available for inspection or copying on the
  428  condominium property or association property, or the association
  429  may offer the option of making the records of the association
  430  available to a unit owner either electronically via the Internet
  431  or by allowing the records to be viewed in electronic format on
  432  a computer screen and printed upon request. The association is
  433  not responsible for the use or misuse of the information
  434  provided pursuant to the compliance requirements of this
  435  chapter.
  436         (c) The official records of the association are open to
  437  inspection by any association member or the authorized
  438  representative of such member at all reasonable times. The right
  439  to inspect the records includes the right to make or obtain
  440  copies, at the reasonable expense, if any, of the association
  441  member. The association may adopt reasonable rules regarding the
  442  frequency, time, location, notice, and manner of record
  443  inspections and copying. The failure of an association to
  444  provide the records within 10 working days after receipt of a
  445  written request shall create a rebuttable presumption that the
  446  association willfully failed to comply with this paragraph. A
  447  unit owner who is denied access to official records is entitled
  448  to the actual damages or minimum damages for the association's
  449  willful failure to comply with this paragraph. The minimum
  450  damages shall be $50 per calendar day up to 10 days, the
  451  calculation to begin on the 11th working day after receipt of
  452  the written request. The failure to permit inspection of the
  453  association records as provided herein entitles any person
  454  prevailing in an enforcement action to recover reasonable
  455  attorney's fees from the person in control of the records who,
  456  directly or indirectly, knowingly denied access to the records
  457  for inspection. Any person who knowingly or intentionally
  458  defaces or destroys accounting records that are required by this
  459  chapter to be created and maintained, during the period for
  460  which such records are required to be maintained pursuant to
  461  this chapter, or who knowingly or intentionally fails to create
  462  or maintain accounting records that are required to be
  463  maintained by this chapter, with the intent of causing harm to
  464  the association or one or more of its members, is personally
  465  subject to a civil penalty pursuant to s. 718.501(1)(d). The
  466  association shall maintain an adequate number of copies of the
  467  declaration, articles of incorporation, bylaws, and rules, and
  468  all amendments to each of the foregoing, as well as the question
  469  and answer sheet provided for in s. 718.504 and year-end
  470  financial information required in this section, on the
  471  condominium property to ensure their availability to unit owners
  472  and prospective purchasers, and may charge its actual costs for
  473  preparing and furnishing these documents to those requesting the
  474  documents same. Notwithstanding the provisions of this
  475  paragraph, the following records shall not be accessible to unit
  476  owners:
  477         1. Any record protected by the lawyer-client privilege as
  478  described in s. 90.502; and any record protected by the work
  479  product privilege, including any record prepared by an
  480  association attorney or prepared at the attorney's express
  481  direction; which reflects a mental impression, conclusion,
  482  litigation strategy, or legal theory of the attorney or the
  483  association, and which was prepared exclusively for civil or
  484  criminal litigation or for adversarial administrative
  485  proceedings, or which was prepared in anticipation of imminent
  486  civil or criminal litigation or imminent adversarial
  487  administrative proceedings until the conclusion of the
  488  litigation or adversarial administrative proceedings.
  489         2. Information obtained by an association in connection
  490  with the approval of the lease, sale, or other transfer of a
  491  unit.
  492         3.Disciplinary, health, insurance, and personnel records
  493  of the association's employees.
  494         4.3. Medical records of unit owners.
  495         5.4. Social security numbers, driver's license numbers,
  496  credit card numbers, and other personal identifying information
  497  of any person, excluding the person's name, lot or unit
  498  designation, mailing address, property address, and other
  499  contact information.
  500         6.Any electronic security measure that is used by the
  501  association to safeguard data, including passwords.
  502         7.The functionality included within software used by the
  503  association which allows manipulation of data is not a part of
  504  the official records of the association, even if the owner owns
  505  a copy of the same software used by the association.
  506         (13) FINANCIAL REPORTING.—Within 90 days after the end of
  507  the fiscal year, or annually on a date provided in the bylaws,
  508  the association shall prepare and complete, or contract for the
  509  preparation and completion of, a financial report for the
  510  preceding fiscal year. Within 21 days after the final financial
  511  report is completed by the association or received from the
  512  third party, but not later than 120 days after the end of the
  513  fiscal year or other date as provided in the bylaws, the
  514  association shall mail to each unit owner at the address last
  515  furnished to the association by the unit owner, or hand deliver
  516  to each unit owner, a copy of the financial report or a notice
  517  that a copy of the financial report will be mailed or hand
  518  delivered to the unit owner, without charge, upon receipt of a
  519  written request from the unit owner. The division shall adopt
  520  rules setting forth uniform accounting principles and standards
  521  to be used by all associations and shall adopt rules addressing
  522  financial reporting requirements for multicondominium
  523  associations. The rules shall include, but not be limited to,
  524  standards for presenting a summary of association reserves,
  525  including, but not limited to, a good faith estimate disclosing
  526  the annual amount of reserve funds that would be necessary for
  527  the association to fully fund reserves for each reserve item
  528  based upon on the straight-line method. This disclosure is not
  529  applicable to reserves funded via the pooling method uniform
  530  accounting principles and standards for stating the disclosure
  531  of at least a summary of the reserves, including information as
  532  to whether such reserves are being funded at a level sufficient
  533  to prevent the need for a special assessment and, if not, the
  534  amount of assessments necessary to bring the reserves up to the
  535  level necessary to avoid a special assessment. The person
  536  preparing the financial reports shall be entitled to rely on an
  537  inspection report prepared for or provided to the association to
  538  meet the fiscal and fiduciary standards of this chapter. In
  539  adopting such rules, the division shall consider the number of
  540  members and annual revenues of an association. Financial reports
  541  shall be prepared as follows:
  542         (a) An association that meets the criteria of this
  543  paragraph shall prepare or cause to be prepared a complete set
  544  of financial statements in accordance with generally accepted
  545  accounting principles. The financial statements shall be based
  546  upon the association's total annual revenues, as follows:
  547         1. An association with total annual revenues of $100,000 or
  548  more, but less than $200,000, shall prepare compiled financial
  549  statements.
  550         2. An association with total annual revenues of at least
  551  $200,000, but less than $400,000, shall prepare reviewed
  552  financial statements.
  553         3. An association with total annual revenues of $400,000 or
  554  more shall prepare audited financial statements.
  555         (b)1. An association with total annual revenues of less
  556  than $100,000 shall prepare a report of cash receipts and
  557  expenditures.
  558         2. An association that which operates fewer less than 50
  559  units, regardless of the association's annual revenues, shall
  560  prepare a report of cash receipts and expenditures in lieu of
  561  financial statements required by paragraph (a).
  562         3. A report of cash receipts and disbursements must
  563  disclose the amount of receipts by accounts and receipt
  564  classifications and the amount of expenses by accounts and
  565  expense classifications, including, but not limited to, the
  566  following, as applicable: costs for security, professional and
  567  management fees and expenses, taxes, costs for recreation
  568  facilities, expenses for refuse collection and utility services,
  569  expenses for lawn care, costs for building maintenance and
  570  repair, insurance costs, administration and salary expenses, and
  571  reserves accumulated and expended for capital expenditures,
  572  deferred maintenance, and any other category for which the
  573  association maintains reserves.
  574         (c) An association may prepare or cause to be prepared,
  575  without a meeting of or approval by the unit owners:
  576         1. Compiled, reviewed, or audited financial statements, if
  577  the association is required to prepare a report of cash receipts
  578  and expenditures;
  579         2. Reviewed or audited financial statements, if the
  580  association is required to prepare compiled financial
  581  statements; or
  582         3. Audited financial statements if the association is
  583  required to prepare reviewed financial statements.
  584         (d) If approved by a majority of the voting interests
  585  present at a properly called meeting of the association, an
  586  association may prepare or cause to be prepared:
  587         1. A report of cash receipts and expenditures in lieu of a
  588  compiled, reviewed, or audited financial statement;
  589         2. A report of cash receipts and expenditures or a compiled
  590  financial statement in lieu of a reviewed or audited financial
  591  statement; or
  592         3. A report of cash receipts and expenditures, a compiled
  593  financial statement, or a reviewed financial statement in lieu
  594  of an audited financial statement.
  595  Such meeting and approval must occur before prior to the end of
  596  the fiscal year and is effective only for the fiscal year in
  597  which the vote is taken, except that the approval also may be
  598  effective for the following fiscal year if agreed upon by the
  599  members. With respect to an association to which the developer
  600  has not turned over control of the association, all unit owners,
  601  including the developer, may vote on issues related to the
  602  preparation of financial reports for the first 2 fiscal years of
  603  the association's operation, beginning with the fiscal year in
  604  which the declaration is recorded. Thereafter, all unit owners
  605  except the developer may vote on such issues until control is
  606  turned over to the association by the developer. Any audit or
  607  review prepared under this section shall be paid for by the
  608  developer if done prior to turnover of control of the
  609  association. An association may not waive the financial
  610  reporting requirements of this section for more than 3
  611  consecutive years.
  612         Section 3. Paragraphs (c), (d), (f), (n), and (o) of
  613  subsection (2) of section 718.112, Florida Statutes, are amended
  614  to read:
  615         718.112 Bylaws.—
  616         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  617  following and, if they do not do so, shall be deemed to include
  618  the following:
  619         (c) Board of administration meetings.—Meetings of the board
  620  of administration at which a quorum of the members is present
  621  shall be open to all unit owners. Any unit owner may tape record
  622  or videotape meetings of the board of administration. The right
  623  to attend such meetings includes the right to speak at such
  624  meetings with reference to all designated agenda items. The
  625  division shall adopt reasonable rules governing the tape
  626  recording and videotaping of the meeting. The association may
  627  adopt written reasonable rules governing the frequency,
  628  duration, and manner of unit owner statements. Adequate notice
  629  of all meetings, which notice shall specifically incorporate an
  630  identification of agenda items, shall be posted conspicuously on
  631  the condominium property at least 48 continuous hours preceding
  632  the meeting except in an emergency. If 20 percent of the voting
  633  interests petition the board to address an item of business, the
  634  board shall at its next regular board meeting or at a special
  635  meeting of the board, but not later than 60 days after the
  636  receipt of the petition, place the item on the agenda. However,
  637  the board shall have no obligation to take any action on the
  638  item. Any item not included on the notice may be taken up on an
  639  emergency basis by at least a majority plus one of the members
  640  of the board. Such emergency action shall be noticed and
  641  ratified at the next regular meeting of the board. However,
  642  written notice of any meeting at which nonemergency special
  643  assessments, or at which amendment to rules regarding unit use,
  644  will be considered shall be mailed, delivered, or electronically
  645  transmitted to the unit owners and posted conspicuously on the
  646  condominium property not less than 14 days prior to the meeting.
  647  Evidence of compliance with this 14-day notice shall be made by
  648  an affidavit executed by the person providing the notice and
  649  filed among the official records of the association. Upon notice
  650  to the unit owners, the board shall by duly adopted rule
  651  designate a specific location on the condominium property or
  652  association property upon which all notices of board meetings
  653  shall be posted. If there is no condominium property or
  654  association property upon which notices can be posted, notices
  655  of board meetings shall be mailed, delivered, or electronically
  656  transmitted at least 14 days before the meeting to the owner of
  657  each unit. In lieu of or in addition to the physical posting of
  658  notice of any meeting of the board of administration on the
  659  condominium property, the association may, by reasonable rule,
  660  adopt a procedure for conspicuously posting and repeatedly
  661  broadcasting the notice and the agenda on a closed-circuit cable
  662  television system serving the condominium association. However,
  663  if broadcast notice is used in lieu of a notice posted
  664  physically on the condominium property, the notice and agenda
  665  must be broadcast at least four times every broadcast hour of
  666  each day that a posted notice is otherwise required under this
  667  section. When broadcast notice is provided, the notice and
  668  agenda must be broadcast in a manner and for a sufficient
  669  continuous length of time so as to allow an average reader to
  670  observe the notice and read and comprehend the entire content of
  671  the notice and the agenda. Notice of any meeting in which
  672  regular or special assessments against unit owners are to be
  673  considered for any reason shall specifically state that
  674  assessments will be considered and the nature, estimated cost,
  675  and description of the purposes for such assessments. Meetings
  676  of a committee to take final action on behalf of the board or
  677  make recommendations to the board regarding the association
  678  budget are subject to the provisions of this paragraph. Meetings
  679  of a committee that does not take final action on behalf of the
  680  board or make recommendations to the board regarding the
  681  association budget are subject to the provisions of this
  682  section, unless those meetings are exempted from this section by
  683  the bylaws of the association. Notwithstanding any other law,
  684  the requirement that board meetings and committee meetings be
  685  open to the unit owners is inapplicable to meetings between the
  686  board or a committee and the association's attorney, with
  687  respect to proposed or pending litigation, when the meeting is
  688  held for the purpose of seeking or rendering legal advice.
  689         (d) Unit owner meetings.—
  690         1. There shall be an annual meeting of the unit owners held
  691  at the location provided in the association bylaws and, if the
  692  bylaws are silent as to the location, the meeting shall be held
  693  within 45 miles of the condominium property. However, such
  694  distance requirement does not apply to an association governing
  695  a timeshare condominium. Unless the bylaws provide otherwise, a
  696  vacancy on the board caused by the expiration of a director's
  697  term shall be filled by electing a new board member, and the
  698  election shall be by secret ballot; however, if the number of
  699  vacancies equals or exceeds the number of candidates, no
  700  election is required. The terms of all members of the board
  701  shall expire at the annual meeting and such board members may
  702  stand for reelection unless otherwise permitted by the bylaws.
  703  If In the event that the bylaws permit staggered terms of no
  704  more than 2 years and upon approval of a majority of the total
  705  voting interests, the association board members may serve 2-year
  706  staggered terms. If there is no provision in the bylaws for
  707  terms of the members of the board, the terms of all members of
  708  the board shall expire upon the election of their successors at
  709  the annual meeting or at a special meeting called for that
  710  purpose and such board members may stand for reelection unless
  711  otherwise provided in the bylaws. If the number of vacancies
  712  exceeds the number of candidates, any no person is interested in
  713  or demonstrates an intention to run for the position of a board
  714  member whose term would expire upon the election of a successor
  715  has expired according to the provisions of this subparagraph may
  716  be reappointed to serve by the remaining directors, and such
  717  board member whose term has expired shall be automatically
  718  reappointed to the board of administration and need not stand
  719  for reelection if there are no other directors whose term would
  720  similarly expire. In a condominium association of more than 10
  721  units, coowners or cooccupants of a unit may not serve as
  722  members of the board of directors at the same time unless one
  723  coowner or cooccupant owns more than one unit. Any unit owner
  724  desiring to be a candidate for board membership shall comply
  725  with subparagraph 3. A person who has been suspended or removed
  726  by the division under this chapter, or who is delinquent in the
  727  payment of any fee, fine, or special or regular assessment as
  728  provided in paragraph (n), is not eligible for board membership.
  729  A person who has been convicted of any felony in this state or
  730  in a United States District or Territorial Court, or who has
  731  been convicted of any offense in another jurisdiction that would
  732  be considered a felony if committed in this state, is not
  733  eligible for board membership unless such felon's civil rights
  734  have been restored for a period of no less than 5 years as of
  735  the date on which such person seeks election to the board. The
  736  validity of an action by the board is not affected if it is
  737  later determined that a member of the board is ineligible for
  738  board membership due to having been convicted of a felony.
  739         2. The bylaws shall provide the method of calling meetings
  740  of unit owners, including annual meetings. Written notice, which
  741  notice must include an agenda, shall be mailed, hand delivered,
  742  or electronically transmitted to each unit owner at least 14
  743  days prior to the annual meeting and shall be posted in a
  744  conspicuous place on the condominium property at least 14
  745  continuous days preceding the annual meeting. Upon notice to the
  746  unit owners, the board shall by duly adopted rule designate a
  747  specific location on the condominium property or association
  748  property where upon which all notices of unit owner meetings
  749  shall be posted; however, if there is no condominium property or
  750  association property upon which notices can be posted, this
  751  requirement does not apply. In lieu of or in addition to the
  752  physical posting of notice of any meeting of the unit owners on
  753  the condominium property, the association may, by reasonable
  754  rule, adopt a procedure for conspicuously posting and repeatedly
  755  broadcasting the notice and the agenda on a closed-circuit cable
  756  television system serving the condominium association. However,
  757  if broadcast notice is used in lieu of a notice posted
  758  physically on the condominium property, the notice and agenda
  759  must be broadcast at least four times every broadcast hour of
  760  each day that a posted notice is otherwise required under this
  761  section. When broadcast notice is provided, the notice and
  762  agenda must be broadcast in a manner and for a sufficient
  763  continuous length of time so as to allow an average reader to
  764  observe the notice and read and comprehend the entire content of
  765  the notice and the agenda. Unless a unit owner waives in writing
  766  the right to receive notice of the annual meeting, such notice
  767  shall be hand delivered, mailed, or electronically transmitted
  768  to each unit owner. Notice for meetings and notice for all other
  769  purposes shall be mailed to each unit owner at the address last
  770  furnished to the association by the unit owner, or hand
  771  delivered to each unit owner. However, if a unit is owned by
  772  more than one person, the association shall provide notice, for
  773  meetings and all other purposes, to that one address which the
  774  developer initially identifies for that purpose and thereafter
  775  as one or more of the owners of the unit shall so advise the
  776  association in writing, or if no address is given or the owners
  777  of the unit do not agree, to the address provided on the deed of
  778  record. An officer of the association, or the manager or other
  779  person providing notice of the association meeting, shall
  780  provide an affidavit or United States Postal Service certificate
  781  of mailing, to be included in the official records of the
  782  association affirming that the notice was mailed or hand
  783  delivered, in accordance with this provision.
  784         3. The members of the board shall be elected by written
  785  ballot or voting machine. Proxies shall in no event be used in
  786  electing the board, either in general elections or elections to
  787  fill vacancies caused by recall, resignation, or otherwise,
  788  unless otherwise provided in this chapter. Not less than 60 days
  789  before a scheduled election, the association shall mail,
  790  deliver, or electronically transmit, whether by separate
  791  association mailing or included in another association mailing,
  792  delivery, or transmission, including regularly published
  793  newsletters, to each unit owner entitled to a vote, a first
  794  notice of the date of the election along with a certification
  795  form provided by the division attesting that he or she has read
  796  and understands, to the best of his or her ability, the
  797  governing documents of the association and the provisions of
  798  this chapter and any applicable rules. Any unit owner or other
  799  eligible person desiring to be a candidate for the board must
  800  provide a give written notice of intent to be a candidate to the
  801  association, which must contain a certification, in the form
  802  designated by the division, attesting that he or she has read
  803  and understands, to the best of his or her ability, the
  804  governing documents of the association and the provisions of
  805  this chapter and any applicable rules. The notice must be
  806  acknowledged and signed by the candidate not less than 40 days
  807  before a scheduled election. Together with the written notice
  808  and agenda as set forth in subparagraph 2., the association
  809  shall mail, deliver, or electronically transmit a second notice
  810  of the election to all unit owners entitled to vote therein,
  811  together with a ballot which shall list all candidates. Upon
  812  request of a candidate, the association shall include an
  813  information sheet, no larger than 8 1/2 inches by 11 inches,
  814  which must be furnished by the candidate not less than 35 days
  815  before the election, and along with the signed certification
  816  form provided for in this subparagraph, to be included with the
  817  mailing, delivery, or transmission of the ballot., with The
  818  costs of mailing, delivery, or electronic transmission and
  819  copying shall to be borne by the association. The association is
  820  not liable for the contents of the information sheets prepared
  821  by the candidates. In order to reduce costs, the association may
  822  print or duplicate the information sheets on both sides of the
  823  paper. The division shall by rule establish voting procedures
  824  consistent with the provisions contained herein, including rules
  825  establishing procedures for giving notice by electronic
  826  transmission and rules providing for the secrecy of ballots.
  827  Elections shall be decided by a plurality of those ballots cast.
  828  There shall be no quorum requirement; however, at least 20
  829  percent of the eligible voters must cast a ballot in order to
  830  have a valid election of members of the board. No unit owner
  831  shall permit any other person to vote his or her ballot, and any
  832  such ballots improperly cast shall be deemed invalid, provided
  833  any unit owner who violates this provision may be fined by the
  834  association in accordance with s. 718.303. A unit owner who
  835  needs assistance in casting the ballot for the reasons stated in
  836  s. 101.051 may obtain assistance in casting the ballot. The
  837  regular election shall occur on the date of the annual meeting.
  838  The provisions of this subparagraph shall not apply to timeshare
  839  condominium associations. Notwithstanding the provisions of this
  840  subparagraph, an election is not required unless more candidates
  841  file notices of intent to run or are nominated than board
  842  vacancies exist.
  843         4. Any approval by unit owners called for by this chapter
  844  or the applicable declaration or bylaws, including, but not
  845  limited to, the approval requirement in s. 718.111(8), shall be
  846  made at a duly noticed meeting of unit owners and shall be
  847  subject to all requirements of this chapter or the applicable
  848  condominium documents relating to unit owner decisionmaking,
  849  except that unit owners may take action by written agreement,
  850  without meetings, on matters for which action by written
  851  agreement without meetings is expressly allowed by the
  852  applicable bylaws or declaration or any statute that provides
  853  for such action.
  854         5. Unit owners may waive notice of specific meetings if
  855  allowed by the applicable bylaws or declaration or any statute.
  856  If authorized by the bylaws, notice of meetings of the board of
  857  administration, unit owner meetings, except unit owner meetings
  858  called to recall board members under paragraph (j), and
  859  committee meetings may be given by electronic transmission to
  860  unit owners who consent to receive notice by electronic
  861  transmission.
  862         6. Unit owners shall have the right to participate in
  863  meetings of unit owners with reference to all designated agenda
  864  items. However, the association may adopt reasonable rules
  865  governing the frequency, duration, and manner of unit owner
  866  participation.
  867         7. Any unit owner may tape record or videotape a meeting of
  868  the unit owners subject to reasonable rules adopted by the
  869  division.
  870         8. Unless otherwise provided in the bylaws, any vacancy
  871  occurring on the board before the expiration of a term may be
  872  filled by the affirmative vote of the majority of the remaining
  873  directors, even if the remaining directors constitute less than
  874  a quorum, or by the sole remaining director. In the alternative,
  875  a board may hold an election to fill the vacancy, in which case
  876  the election procedures must conform to the requirements of
  877  subparagraph 3. unless the association governs 10 units or less
  878  and has opted out of the statutory election process, in which
  879  case the bylaws of the association control. Unless otherwise
  880  provided in the bylaws, a board member appointed or elected
  881  under this section shall fill the vacancy for the unexpired term
  882  of the seat being filled. Filling vacancies created by recall is
  883  governed by paragraph (j) and rules adopted by the division.
  884  Notwithstanding subparagraphs (b)2. and (d)3., an association of
  885  10 or fewer units may, by the affirmative vote of a majority of
  886  the total voting interests, provide for different voting and
  887  election procedures in its bylaws, which vote may be by a proxy
  888  specifically delineating the different voting and election
  889  procedures. The different voting and election procedures may
  890  provide for elections to be conducted by limited or general
  891  proxy.
  892         (f) Annual budget.—
  893         1. The proposed annual budget of estimated revenues and
  894  common expenses shall be detailed and shall show the amounts
  895  budgeted by accounts and expense classifications, including, if
  896  applicable, but not limited to, those expenses listed in s.
  897  718.504(21). A multicondominium association shall adopt a
  898  separate budget of common expenses for each condominium the
  899  association operates and shall adopt a separate budget of common
  900  expenses for the association. In addition, if the association
  901  maintains limited common elements with the cost to be shared
  902  only by those entitled to use the limited common elements as
  903  provided for in s. 718.113(1), the budget or a schedule attached
  904  thereto shall show amounts budgeted therefor. If, after turnover
  905  of control of the association to the unit owners, any of the
  906  expenses listed in s. 718.504(21) are not applicable, they need
  907  not be listed.
  908         2. In addition to annual operating expenses, the budget
  909  shall include reserve accounts for capital expenditures and
  910  deferred maintenance. These accounts shall include, but are not
  911  limited to, roof replacement, building painting, and pavement
  912  resurfacing, regardless of the amount of deferred maintenance
  913  expense or replacement cost, and for any other item for which
  914  the deferred maintenance expense or replacement cost exceeds
  915  $10,000. The amount to be reserved shall be computed by means of
  916  a formula which is based upon estimated remaining useful life
  917  and estimated replacement cost or deferred maintenance expense
  918  of each reserve item. The association may adjust replacement
  919  reserve assessments annually to take into account any changes in
  920  estimates or extension of the useful life of a reserve item
  921  caused by deferred maintenance. This subsection does not apply
  922  to an adopted budget in which the members of an association have
  923  determined, by a majority vote at a duly called meeting of the
  924  association, to provide no reserves or less reserves than
  925  required by this subsection. However, prior to turnover of
  926  control of an association by a developer to unit owners other
  927  than a developer pursuant to s. 718.301, the developer may vote
  928  to waive the reserves or reduce the funding of reserves for the
  929  first 2 fiscal years of the association's operation, beginning
  930  with the fiscal year in which the initial declaration is
  931  recorded, after which time reserves may be waived or reduced
  932  only upon the vote of a majority of all nondeveloper voting
  933  interests voting in person or by limited proxy at a duly called
  934  meeting of the association. If a meeting of the unit owners has
  935  been called to determine whether to waive or reduce the funding
  936  of reserves, and no such result is achieved or a quorum is not
  937  attained, the reserves as included in the budget shall go into
  938  effect. After the turnover, the developer may vote its voting
  939  interest to waive or reduce the funding of reserves.
  940         3. Reserve funds and any interest accruing thereon shall
  941  remain in the reserve account or accounts, and shall be used
  942  only for authorized reserve expenditures unless their use for
  943  other purposes is approved in advance by a majority vote at a
  944  duly called meeting of the association. Prior to turnover of
  945  control of an association by a developer to unit owners other
  946  than the developer pursuant to s. 718.301, the developer
  947  controlled association shall not vote to use reserves for
  948  purposes other than that for which they were intended without
  949  the approval of a majority of all nondeveloper voting interests,
  950  voting in person or by limited proxy at a duly called meeting of
  951  the association.
  952         4. The only voting interests which are eligible to vote on
  953  questions that involve waiving or reducing the funding of
  954  reserves, or using existing reserve funds for purposes other
  955  than purposes for which the reserves were intended, are the
  956  voting interests of the units subject to assessment to fund the
  957  reserves in question. Proxy questions relating to waiving or
  958  reducing the funding of reserves or using existing reserve funds
  959  for purposes other than purposes for which the reserves were
  960  intended shall contain the following statement in capitalized,
  961  bold letters in a font size larger than any other used on the
  962  face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN
  963  PART, OR ALLOWING ALTERNATIVE USES OF EXISTING RESERVES MAY
  964  RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
  965  SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
  966         (n) Director or officer delinquencies.—A director or
  967  officer more than 90 days delinquent in the payment of regular
  968  or special assessments shall be deemed to have abandoned the
  969  office, creating a vacancy in the office to be filled according
  970  to law.
  971         (o) Director or officer offenses.—A director or officer
  972  charged by information or indictment with a felony theft or
  973  embezzlement offense involving the association's funds or
  974  property shall be removed from office, creating a vacancy in the
  975  office to be filled according to law. While such director or
  976  officer has such criminal charge pending, he or she may not be
  977  appointed or elected to a position as a director or officer.
  978  However, should the charges be resolved without a finding of
  979  guilt, the director or officer shall be reinstated for the
  980  remainder of his or her term of office, if any.
  981         Section 4. Paragraphs (d) and (e) of subsection (1) of
  982  section 718.115, Florida Statutes, are amended to read:
  983         718.115 Common expenses and common surplus.—
  984         (1)
  985         (d) If so provided for in the declaration, the cost of a
  986  master antenna television system, or duly franchised cable
  987  television service, or broadband or Internet service obtained
  988  pursuant to a bulk contract shall be deemed a common expense. If
  989  the declaration does not provide for the cost of a master
  990  antenna television system, or duly franchised cable television
  991  service, or broadband or Internet service obtained under a bulk
  992  contract as a common expense, the board may enter into such a
  993  contract, and the cost of the service will be a common expense
  994  but allocated on a per-unit basis rather than a percentage basis
  995  if the declaration provides for other than an equal sharing of
  996  common expenses, and any contract entered into before July 1,
  997  1998, in which the cost of the service is not equally divided
  998  among all unit owners, may be changed by vote of a majority of
  999  the voting interests present at a regular or special meeting of
 1000  the association, to allocate the cost equally among all units.
 1001  The contract shall be for a term of not less than 2 years.
 1002         1. Any contract made by the board after the effective date
 1003  hereof for a community antenna system, or duly franchised cable
 1004  television service, or broadband or Internet service may be
 1005  canceled by a majority of the voting interests present at the
 1006  next regular or special meeting of the association. Any member
 1007  may make a motion to cancel the said contract, but if no motion
 1008  is made or if such motion fails to obtain the required majority
 1009  at the next regular or special meeting, whichever occurs is
 1010  sooner, following the making of the contract, then such contract
 1011  shall be deemed ratified for the term therein expressed.
 1012         2. Any such contract shall provide, and shall be deemed to
 1013  provide if not expressly set forth, that any hearing-impaired or
 1014  legally blind unit owner who does not occupy the unit with a
 1015  non-hearing-impaired or sighted person, or any unit owner
 1016  receiving supplemental security income under Title XVI of the
 1017  Social Security Act or food stamps as administered by the
 1018  Department of Children and Family Services pursuant to s.
 1019  414.31, may discontinue the service without incurring disconnect
 1020  fees, penalties, or subsequent service charges, and, as to such
 1021  units, the owners shall not be required to pay any common
 1022  expenses charge related to such service. If less than all
 1023  members of an association share the expenses of cable
 1024  television, the expense shall be shared equally by all
 1025  participating unit owners. The association may use the
 1026  provisions of s. 718.116 to enforce payment of the shares of
 1027  such costs by the unit owners receiving cable television.
 1028         (e) The expense of installation, replacement, operation,
 1029  repair, and maintenance of hurricane shutters or other hurricane
 1030  protection by the board pursuant to s. 718.113(5) shall
 1031  constitute a common expense as defined herein and shall be
 1032  collected as provided in this section if the association is
 1033  responsible for the maintenance, repair, and replacement of the
 1034  hurricane shutters or other hurricane protection pursuant to the
 1035  declaration of condominium. However, if the maintenance, repair,
 1036  and replacement of the hurricane shutters or other hurricane
 1037  protection is the responsibility of the unit owners pursuant to
 1038  the declaration of condominium, the cost of the installation of
 1039  the hurricane shutters or other hurricane protection shall not
 1040  be a common expense, but shall be charged individually to the
 1041  unit owners based on the cost of installation of the hurricane
 1042  shutters or other hurricane protection appurtenant to the unit.
 1043  Notwithstanding the provisions of s. 718.116(10) s. 718.116(9),
 1044  and regardless of whether or not the declaration requires the
 1045  association or unit owners maintain, repair, or replace
 1046  hurricane shutters or other hurricane protection, a unit owner
 1047  who has previously installed hurricane shutters in accordance
 1048  with s. 718.113(5), other hurricane protection, or laminated
 1049  glass architecturally designed to function as hurricane
 1050  protection, which hurricane shutters or other hurricane
 1051  protection or laminated glass comply with the current applicable
 1052  building code, shall receive a credit equal to the pro rata
 1053  portion of the assessed installation cost assigned to each unit.
 1054  However, such unit owner shall remain responsible for the pro
 1055  rata share of expenses for hurricane shutters or other hurricane
 1056  protection installed on common elements and association property
 1057  by the board pursuant to s. 718.113(5), and shall remain
 1058  responsible for a pro rata share of the expense of the
 1059  replacement, operation, repair, and maintenance of such shutters
 1060  or other hurricane protection.
 1061         Section 5. Paragraphs (b), (c), and (g) of subsection (1)
 1062  of section 718.116, Florida Statutes, are amended, present
 1063  subsections (5) through (10) of that section are redesignated as
 1064  subsections (6) through (11), respectively, and a new subsection
 1065  (5) is added to that section, to read:
 1066         718.116 Assessments; liability; lien and priority;
 1067  interest; collection.—
 1068         (1)
 1069         (b) The liability of a first mortgagee or its successor or
 1070  assignees who acquire title to a unit by foreclosure or by deed
 1071  in lieu of foreclosure for the unpaid assessments that became
 1072  due before prior to the mortgagee's acquisition of title is
 1073  limited to the lesser of:
 1074         1. The unit's unpaid common expenses, special assesments,
 1075  and regular periodic assessments which accrued or came due
 1076  during the 12 6 months immediately preceding the acquisition of
 1077  title and for which payment in full has not been received by the
 1078  association; or
 1079         2. Twenty One percent of the original mortgage debt. The
 1080  provisions of this paragraph apply only if the first mortgagee
 1081  joined the association as a defendant in the foreclosure action.
 1082  Joinder of the association is not required if, on the date the
 1083  complaint is filed, the association was dissolved or did not
 1084  maintain an office or agent for service of process at a location
 1085  which was known to or reasonably discoverable by the mortgagee.
 1086         (c) The person acquiring title shall pay the amount owed to
 1087  the association within 30 days after transfer of title. Failure
 1088  to pay the full amount when due shall entitle the association to
 1089  record a claim of lien against the parcel and proceed in the
 1090  same manner as provided in this section for the collection of
 1091  unpaid assessments. However, in the case of a first mortgagee or
 1092  its successor or assignees acquiring title to a condominium
 1093  parcel as a result of foreclosure of the mortgage or by deed in
 1094  lieu of foreclosure of the mortgage, the failure to pay the full
 1095  amount due within 30 days after transfer of title entitles the
 1096  association to recover all outstanding special and regular
 1097  assessments that became due before the acquisition of title.
 1098         (g) For purposes of this subsection, the term “successor or
 1099  assignee” as used with respect to a first mortgagee includes
 1100  only a subsequent holder of the first mortgage or an affiliate
 1101  or subsidiary of a parent entity that acquires title in lieu of
 1102  a transfer to the mortgage holder.
 1103         (5)Except as otherwise provided in this chapter, a lien
 1104  may not be filed by the association against a condominium unit
 1105  until 30 days after the date on which a notice of intent to file
 1106  a lien is delivered to the owner by certified mail, return
 1107  receipt requested, and by first-class United States mail to the
 1108  owner at his or her last known address as reflected in the
 1109  records of the association. However, if the address reflected in
 1110  the records is outside the United States, the notice must be
 1111  sent by first-class United States mail to the unit and to the
 1112  last known address by regular mail with international postage.
 1113  Delivery of the notice shall be deemed complete upon mailing as
 1114  required by this subsection. Alternatively, notice shall be
 1115  deemed complete if served upon the unit owner in the manner
 1116  authorized by chapter 48 and the Florida Rules of Civil
 1117  Procedure.
 1118         Section 6. Subsection (4) of section 718.121, Florida
 1119  Statutes, is repealed.
 1120         Section 7. Paragraph (b) of subsection (2) of section
 1121  720.304, Florida Statutes, is amended to read:
 1122         720.304 Right of owners to peaceably assemble; display of
 1123  flag; SLAPP suits prohibited.—
 1124         (2)
 1125         (b) Any homeowner may erect a freestanding flagpole no more
 1126  than 20 feet high on any portion of the homeowner's real
 1127  property, regardless of any covenants, restrictions, bylaws,
 1128  rules, or requirements of the association, if the flagpole does
 1129  not obstruct sightlines at intersections and is not erected
 1130  within or upon an easement. The homeowner may further display in
 1131  a respectful manner from that flagpole, regardless of any
 1132  covenants, restrictions, bylaws, rules, or requirements of the
 1133  association, one official United States flag, not larger than
 1134  41/2 feet by 6 feet, and may additionally display one official
 1135  flag of the State of Florida or the United States Army, Navy,
 1136  Air Force, Marines, or Coast Guard, or a POW-MIA flag. Such
 1137  additional flag must be equal in size to or smaller than the
 1138  United States flag. The flagpole and display are subject to all
 1139  building codes, zoning setbacks, and other applicable
 1140  governmental regulations, including, but not limited to, noise
 1141  and lighting ordinances in the county or municipality in which
 1142  the flag pole is erected.
 1143         Section 8. Subsection (3) of section 721.16, Florida
 1144  Statutes, is amended to read:
 1145         721.16 Liens for overdue assessments; liens for labor
 1146  performed on, or materials furnished to, a timeshare unit.—
 1147         (3) The lien is effective from the date of recording a
 1148  claim of lien in the public records of the county or counties in
 1149  which the accommodations and facilities constituting the
 1150  timeshare plan are located. The claim of lien shall state the
 1151  name of the timeshare plan and identify the timeshare interest
 1152  for which the lien is effective, state the name of the
 1153  purchaser, state the assessment amount due, and state the due
 1154  dates. Notwithstanding any provision of s. 718.116(6)(a) s.
 1155  718.116(5)(a) or s. 719.108(4) to the contrary, the lien is
 1156  effective until satisfied or until 5 years have expired after
 1157  the date the claim of lien is recorded unless, within that time,
 1158  an action to enforce the lien is commenced pursuant to
 1159  subsection (2). A claim of lien for assessments may include only
 1160  assessments which are due when the claim is recorded. A claim of
 1161  lien shall be signed and acknowledged by an officer or agent of
 1162  the managing entity. Upon full payment, the person making the
 1163  payment is entitled to receive a satisfaction of the lien.
 1164         Section 9. Subsection (2) of section 553.509, Florida
 1165  Statutes, is repealed.
 1166         Section 10. This act shall take effect July 1, 2009.