Florida Senate - 2009 CS for SB 880
By the Committee on Regulated Industries; and Senators Fasano
and Ring
580-04105A-09 2009880c1
1 A bill to be entitled
2 An act relating to community associations; amending s.
3 718.110, F.S.; providing for the application of
4 certain amendments to a declaration of condominium to
5 certain unit owners; amending s. 718.111, F.S.;
6 providing penalties for any person who knowingly or
7 intentionally defaces or destroys certain records of
8 an association with the intent to harm the association
9 or any of its members; providing that an association
10 is not responsible for the use or misuse of certain
11 information obtained pursuant to state law requiring
12 the maintenance of certain records of an association;
13 providing an exception; providing that,
14 notwithstanding the other requirements, certain
15 records are not accessible to unit owners; requiring
16 that any rules adopted for the purpose of setting
17 forth accounting principles or addressing financial
18 reporting requirements include certain provisions and
19 standards; amending s. 718.112, F.S.; providing that
20 the board of administration of an association has no
21 obligation to take action with regard to certain items
22 on its agenda; prohibiting coowners from
23 simultaneously serving as members of the board of
24 certain associations; providing an exception;
25 requiring that each newly appointed director provide
26 certain certifications in writing; authorizing the
27 filing of an educational certificate as an alternative
28 to such certification; providing a penalty for failure
29 to timely file a certification or educational
30 certificate; requiring that the association retain
31 such certification or educational certificate for a
32 specified period; deleting a provision requiring an
33 association to mail a certification containing certain
34 provisions to unit owners before an election of board
35 members; providing that a director or officer
36 delinquent in the payment of fee, fine, regular
37 assesment, or special assessments by more than a
38 specified number of days is deemed to have abandoned
39 the office; requiring that a director charged by
40 information or indictment of certain offenses
41 involving an association’s funds or property be
42 removed from office; amending s. 718.115, F.S.;
43 requiring that certain services obtained pursuant to a
44 bulk contract as provided in the declaration be deemed
45 a common expense; requiring that such contracts
46 contain certain provisions; authorizing the
47 cancellation of certain contracts; amending s.
48 718.116, F.S.; limiting the amount of certain costs to
49 the unit owner; providing an exception; authorizing an
50 association to demand future regular assessments
51 related to the condominium unit under specified
52 conditions; amending s. 718.303, F.S.; authorizing an
53 association to suspend for a reasonable time the right
54 of a unit owner or the unit’s occupant, licensee, or
55 invitee to use certain common elements if the
56 declaration or bylaws so provide; excluding certain
57 common elements from such authorization; prohibiting a
58 fine from being levied or a suspension from being
59 imposed unless the association meets certain notice
60 requirements; providing circumstances under which such
61 notice requirements do not apply; providing procedures
62 and notice requirements for levying a fine or imposing
63 a suspension; authorizing an association to suspend
64 voting rights due to nonpayment of assessments, fines,
65 or other charges delinquent by a specified number of
66 days under certain circumstances; amending s. 719.108,
67 F.S.; authorizing an association to recover charges
68 incurred in connection with collecting a delinquent
69 assessment up to a specified maximum amount; providing
70 a prioritized list for disbursement of payments
71 received by an association; providing for a lien by an
72 association on a condominium parcel for certain fees
73 and costs; providing procedures and notice
74 requirements for the filing of a lien by an
75 association; authorizing an association to demand
76 future regular assessments related to a share under
77 specified conditions; amending s. 720.304, F.S.;
78 providing that a flagpole and any flagpole display are
79 subject to certain codes and regulations; amending s.
80 720.305, F.S.; providing that certain provisions
81 regarding the suspension-of-use rights of an
82 association do not apply to certain common areas;
83 providing procedures and notice requirements for
84 levying a fine or imposing a suspension; amending s.
85 720.3085, F.S.; authorizing an association to demand
86 future regular assessments related to a parcel under
87 specified conditions; amending s. 720.31, F.S.;
88 authorizing an association to enter into certain
89 agreements; requiring that certain items be stated and
90 fully described in the declaration; limiting an
91 association’s power to enter into such agreements
92 after a specified period following the recording of a
93 declaration; requiring that certain agreements be
94 approved by a specified percentage of voting interests
95 of an association when the declaration is silent as to
96 the authority of an association to enter into such
97 agreement; authorizing an association to join with
98 other associations or a master association under
99 certain circumstances and for specified purposes;
100 amending s. 721.05, F.S.; limiting the definition of
101 “facility” to certain permanent amenities; repealing
102 s. 553.509(2), F.S., relating to public elevators and
103 emergency operation plans in certain condominiums and
104 multifamily dwellings; providing an effective date.
105
106 Be It Enacted by the Legislature of the State of Florida:
107
108 Section 1. Subsection (13) of section 718.110, Florida
109 Statutes, is amended to read:
110 718.110 Amendment of declaration; correction of error or
111 omission in declaration by circuit court.—
112 (13) Any amendment prohibiting restricting unit owners from
113 renting their units or altering the number of times unit owners
114 are entitled to rent their units during a specified period
115 owners’ rights relating to the rental of units applies only to
116 unit owners who consent to the amendment and unit owners who
117 acquire title to purchase their units after the effective date
118 of that amendment.
119 Section 2. Subsections (12) and (13) of section 718.111,
120 Florida Statutes, are amended to read:
121 718.111 The association.—
122 (12) OFFICIAL RECORDS.—
123 (a) From the inception of the association, the association
124 shall maintain each of the following items, when applicable,
125 which shall constitute the official records of the association:
126 1. A copy of the plans, permits, warranties, and other
127 items provided by the developer pursuant to s. 718.301(4).
128 2. A photocopy of the recorded declaration of condominium
129 of each condominium operated by the association and of each
130 amendment to each declaration.
131 3. A photocopy of the recorded bylaws of the association
132 and of each amendment to the bylaws.
133 4. A certified copy of the articles of incorporation of the
134 association, or other documents creating the association, and of
135 each amendment thereto.
136 5. A copy of the current rules of the association.
137 6. A book or books which contain the minutes of all
138 meetings of the association, of the board of administration, and
139 of unit owners, which minutes shall be retained for a period of
140 not less than 7 years.
141 7. A current roster of all unit owners and their mailing
142 addresses, unit identifications, voting certifications, and, if
143 known, telephone numbers. The association shall also maintain
144 the electronic mailing addresses and the numbers designated by
145 unit owners for receiving notice sent by electronic transmission
146 of those unit owners consenting to receive notice by electronic
147 transmission. The electronic mailing addresses and numbers
148 provided by unit owners to receive notice by electronic
149 transmission shall be removed from association records when
150 consent to receive notice by electronic transmission is revoked.
151 However, the association is not liable for an erroneous
152 disclosure of the electronic mail address or the number for
153 receiving electronic transmission of notices.
154 8. All current insurance policies of the association and
155 condominiums operated by the association.
156 9. A current copy of any management agreement, lease, or
157 other contract to which the association is a party or under
158 which the association or the unit owners have an obligation or
159 responsibility.
160 10. Bills of sale or transfer for all property owned by the
161 association.
162 11. Accounting records for the association and separate
163 accounting records for each condominium which the association
164 operates. All accounting records shall be maintained for a
165 period of not less than 7 years. Any person who knowingly or
166 intentionally defaces or destroys accounting records required to
167 be created and maintained by this chapter during the period for
168 which such records are required to be maintained pursuant to
169 this chapter, or who knowingly or intentionally fails to create
170 or maintain accounting records required to be maintained by this
171 chapter, with the intent of causing harm to the association or
172 one or more of its members, is personally subject to a civil
173 penalty pursuant to s. 718.501(1)(d). The accounting records
174 shall include, but are not limited to:
175 a. Accurate, itemized, and detailed records of all receipts
176 and expenditures.
177 b. A current account and a monthly, bimonthly, or quarterly
178 statement of the account for each unit designating the name of
179 the unit owner, the due date and amount of each assessment, the
180 amount paid upon the account, and the balance due.
181 c. All audits, reviews, accounting statements, and
182 financial reports of the association or condominium.
183 d. All contracts for work to be performed. Bids for work to
184 be performed shall also be considered official records and shall
185 be maintained by the association.
186 12. Ballots, sign-in sheets, voting proxies, and all other
187 papers relating to voting by unit owners, which shall be
188 maintained for a period of 1 year from the date of the election,
189 vote, or meeting to which the document relates, notwithstanding
190 paragraph (b).
191 13. All rental records, when the association is acting as
192 agent for the rental of condominium units.
193 14. A copy of the current question and answer sheet as
194 described by s. 718.504.
195 15. All other records of the association not specifically
196 included in the foregoing which are related to the operation of
197 the association.
198 16. A copy of the inspection report as provided for in s.
199 718.301(4)(p).
200 (b) The official records of the association shall be
201 maintained within the state for at least 7 years. The records of
202 the association shall be made available to a unit owner within
203 45 miles of the condominium property or within the county in
204 which the condominium property is located within 5 working days
205 after receipt of written request by the board or its designee.
206 However, such distance requirement does not apply to an
207 association governing a timeshare condominium. This paragraph
208 may be complied with by having a copy of the official records of
209 the association available for inspection or copying on the
210 condominium property or association property, or the association
211 may offer the option of making the records of the association
212 available to a unit owner either electronically via the Internet
213 or by allowing the records to be viewed in electronic format on
214 a computer screen and printed upon request. The association is
215 not responsible for the use or misuse of the information
216 provided pursuant to the compliance requirements of this chapter
217 unless the association has an affirmative duty not to disclose
218 such information pursuant to this chapter.
219 (c) The official records of the association are open to
220 inspection by any association member or the authorized
221 representative of such member at all reasonable times. The right
222 to inspect the records includes the right to make or obtain
223 copies, at the reasonable expense, if any, of the association
224 member. The association may adopt reasonable rules regarding the
225 frequency, time, location, notice, and manner of record
226 inspections and copying. The failure of an association to
227 provide the records within 10 working days after receipt of a
228 written request shall create a rebuttable presumption that the
229 association willfully failed to comply with this paragraph. A
230 unit owner who is denied access to official records is entitled
231 to the actual damages or minimum damages for the association’s
232 willful failure to comply with this paragraph. The minimum
233 damages shall be $50 per calendar day up to 10 days, the
234 calculation to begin on the 11th working day after receipt of
235 the written request. The failure to permit inspection of the
236 association records as provided herein entitles any person
237 prevailing in an enforcement action to recover reasonable
238 attorney’s fees from the person in control of the records who,
239 directly or indirectly, knowingly denied access to the records
240 for inspection. Any person who knowingly or intentionally
241 defaces or destroys accounting records that are required by this
242 chapter to be created and maintained during the period for which
243 such records are required to be maintained pursuant to this
244 chapter, or who knowingly or intentionally fails to create or
245 maintain accounting records that are required to be maintained
246 by this chapter, with the intent of causing harm to the
247 association or one or more of its members, is personally subject
248 to a civil penalty pursuant to s. 718.501(1)(d). The association
249 shall maintain an adequate number of copies of the declaration,
250 articles of incorporation, bylaws, and rules, and all amendments
251 to each of the foregoing, as well as the question and answer
252 sheet provided for in s. 718.504 and year-end financial
253 information required in this section, on the condominium
254 property to ensure their availability to unit owners and
255 prospective purchasers, and may charge its actual costs for
256 preparing and furnishing these documents to those requesting the
257 documents same. Notwithstanding the provisions of this
258 paragraph, the following records shall not be accessible to unit
259 owners:
260 1. Any record protected by the lawyer-client privilege as
261 described in s. 90.502; and any record protected by the work
262 product privilege, including any record prepared by an
263 association attorney or prepared at the attorney’s express
264 direction; which reflects a mental impression, conclusion,
265 litigation strategy, or legal theory of the attorney or the
266 association, and which was prepared exclusively for civil or
267 criminal litigation or for adversarial administrative
268 proceedings, or which was prepared in anticipation of imminent
269 civil or criminal litigation or imminent adversarial
270 administrative proceedings until the conclusion of the
271 litigation or adversarial administrative proceedings.
272 2. Information obtained by an association in connection
273 with the approval of the lease, sale, or other transfer of a
274 unit.
275 3. Disciplinary, health, insurance, and personnel records
276 of the association’s employees.
277 4.3. Medical records of unit owners.
278 5.4. Social security numbers, driver’s license numbers,
279 credit card numbers, e-mail addresses, and other personal
280 identifying information of any person, excluding the person’s
281 name, unit designation, mailing address, property address, and
282 other contact information.
283 6. Any electronic security measure that is used by the
284 association to safeguard data, including passwords.
285 7. The data generated by software used by the association
286 which allows manipulation of data. Such data is part of the
287 official records of the association, even if the owner owns a
288 copy of the same software used by the association, but the
289 underlying software and operating system are not part of the
290 official records of the association.
291 (13) FINANCIAL REPORTING.—Within 90 days after the end of
292 the fiscal year, or annually on a date provided in the bylaws,
293 the association shall prepare and complete, or contract for the
294 preparation and completion of, a financial report for the
295 preceding fiscal year. Within 21 days after the final financial
296 report is completed by the association or received from the
297 third party, but not later than 120 days after the end of the
298 fiscal year or other date as provided in the bylaws, the
299 association shall mail to each unit owner at the address last
300 furnished to the association by the unit owner, or hand deliver
301 to each unit owner, a copy of the financial report or a notice
302 that a copy of the financial report will be mailed or hand
303 delivered to the unit owner, without charge, upon receipt of a
304 written request from the unit owner. The division shall adopt
305 rules setting forth uniform accounting principles and standards
306 to be used by all associations and shall adopt rules addressing
307 financial reporting requirements for multicondominium
308 associations. The rules shall include, but not be limited to,
309 standards for presenting a summary of association reserves,
310 including, but not limited to, a good faith estimate disclosing
311 the annual amount of reserve funds that would be necessary for
312 the association to fully fund reserves for each reserve item
313 based on the straight-line accounting method. This disclosure is
314 not applicable to reserves funded via the pooling method uniform
315 accounting principles and standards for stating the disclosure
316 of at least a summary of the reserves, including information as
317 to whether such reserves are being funded at a level sufficient
318 to prevent the need for a special assessment and, if not, the
319 amount of assessments necessary to bring the reserves up to the
320 level necessary to avoid a special assessment. The person
321 preparing the financial reports shall be entitled to rely on an
322 inspection report prepared for or provided to the association to
323 meet the fiscal and fiduciary standards of this chapter. In
324 adopting such rules, the division shall consider the number of
325 members and annual revenues of an association. Financial reports
326 shall be prepared as follows:
327 (a) An association that meets the criteria of this
328 paragraph shall prepare or cause to be prepared a complete set
329 of financial statements in accordance with generally accepted
330 accounting principles. The financial statements shall be based
331 upon the association’s total annual revenues, as follows:
332 1. An association with total annual revenues of $100,000 or
333 more, but less than $200,000, shall prepare compiled financial
334 statements.
335 2. An association with total annual revenues of at least
336 $200,000, but less than $400,000, shall prepare reviewed
337 financial statements.
338 3. An association with total annual revenues of $400,000 or
339 more shall prepare audited financial statements.
340 (b)1. An association with total annual revenues of less
341 than $100,000 shall prepare a report of cash receipts and
342 expenditures.
343 2. An association that which operates fewer less than 50
344 units, regardless of the association’s annual revenues, shall
345 prepare a report of cash receipts and expenditures in lieu of
346 financial statements required by paragraph (a).
347 3. A report of cash receipts and disbursements must
348 disclose the amount of receipts by accounts and receipt
349 classifications and the amount of expenses by accounts and
350 expense classifications, including, but not limited to, the
351 following, as applicable: costs for security, professional and
352 management fees and expenses, taxes, costs for recreation
353 facilities, expenses for refuse collection and utility services,
354 expenses for lawn care, costs for building maintenance and
355 repair, insurance costs, administration and salary expenses, and
356 reserves accumulated and expended for capital expenditures,
357 deferred maintenance, and any other category for which the
358 association maintains reserves.
359 (c) An association may prepare or cause to be prepared,
360 without a meeting of or approval by the unit owners:
361 1. Compiled, reviewed, or audited financial statements, if
362 the association is required to prepare a report of cash receipts
363 and expenditures;
364 2. Reviewed or audited financial statements, if the
365 association is required to prepare compiled financial
366 statements; or
367 3. Audited financial statements if the association is
368 required to prepare reviewed financial statements.
369 (d) If approved by a majority of the voting interests
370 present at a properly called meeting of the association, an
371 association may prepare or cause to be prepared:
372 1. A report of cash receipts and expenditures in lieu of a
373 compiled, reviewed, or audited financial statement;
374 2. A report of cash receipts and expenditures or a compiled
375 financial statement in lieu of a reviewed or audited financial
376 statement; or
377 3. A report of cash receipts and expenditures, a compiled
378 financial statement, or a reviewed financial statement in lieu
379 of an audited financial statement.
380
381 Such meeting and approval must occur before prior to the end of
382 the fiscal year and is effective only for the fiscal year in
383 which the vote is taken, except that the approval also may be
384 effective for the following fiscal year. With respect to an
385 association to which the developer has not turned over control
386 of the association, all unit owners, including the developer,
387 may vote on issues related to the preparation of financial
388 reports for the first 2 fiscal years of the association’s
389 operation, beginning with the fiscal year in which the
390 declaration is recorded. Thereafter, all unit owners except the
391 developer may vote on such issues until control is turned over
392 to the association by the developer. Any audit or review
393 prepared under this section shall be paid for by the developer
394 if done prior to turnover of control of the association. An
395 association may not waive the financial reporting requirements
396 of this section for more than 3 consecutive years.
397 Section 3. Paragraphs (c), (d), (n), and (o) of subsection
398 (2) of section 718.112, Florida Statutes, are amended to read:
399 718.112 Bylaws.—
400 (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
401 following and, if they do not do so, shall be deemed to include
402 the following:
403 (c) Board of administration meetings.—Meetings of the board
404 of administration at which a quorum of the members is present
405 shall be open to all unit owners. Any unit owner may tape record
406 or videotape meetings of the board of administration. The right
407 to attend such meetings includes the right to speak at such
408 meetings with reference to all designated agenda items. The
409 division shall adopt reasonable rules governing the tape
410 recording and videotaping of the meeting. The association may
411 adopt written reasonable rules governing the frequency,
412 duration, and manner of unit owner statements. Adequate notice
413 of all meetings, which notice shall specifically incorporate an
414 identification of agenda items, shall be posted conspicuously on
415 the condominium property at least 48 continuous hours preceding
416 the meeting except in an emergency. If 20 percent of the voting
417 interests petition the board to address an item of business, the
418 board shall at its next regular board meeting or at a special
419 meeting of the board, but not later than 60 days after the
420 receipt of the petition, place the item on the agenda. However,
421 the board has no obligation to take any action on the item. Any
422 item not included on the notice may be taken up on an emergency
423 basis by at least a majority plus one of the members of the
424 board. Such emergency action shall be noticed and ratified at
425 the next regular meeting of the board. However, written notice
426 of any meeting at which nonemergency special assessments, or at
427 which amendment to rules regarding unit use, will be considered
428 shall be mailed, delivered, or electronically transmitted to the
429 unit owners and posted conspicuously on the condominium property
430 not less than 14 days prior to the meeting. Evidence of
431 compliance with this 14-day notice shall be made by an affidavit
432 executed by the person providing the notice and filed among the
433 official records of the association. Upon notice to the unit
434 owners, the board shall by duly adopted rule designate a
435 specific location on the condominium property or association
436 property upon which all notices of board meetings shall be
437 posted. If there is no condominium property or association
438 property upon which notices can be posted, notices of board
439 meetings shall be mailed, delivered, or electronically
440 transmitted at least 14 days before the meeting to the owner of
441 each unit. In lieu of or in addition to the physical posting of
442 notice of any meeting of the board of administration on the
443 condominium property, the association may, by reasonable rule,
444 adopt a procedure for conspicuously posting and repeatedly
445 broadcasting the notice and the agenda on a closed-circuit cable
446 television system serving the condominium association. However,
447 if broadcast notice is used in lieu of a notice posted
448 physically on the condominium property, the notice and agenda
449 must be broadcast at least four times every broadcast hour of
450 each day that a posted notice is otherwise required under this
451 section. When broadcast notice is provided, the notice and
452 agenda must be broadcast in a manner and for a sufficient
453 continuous length of time so as to allow an average reader to
454 observe the notice and read and comprehend the entire content of
455 the notice and the agenda. Notice of any meeting in which
456 regular or special assessments against unit owners are to be
457 considered for any reason shall specifically state that
458 assessments will be considered and the nature, estimated cost,
459 and description of the purposes for such assessments. Meetings
460 of a committee to take final action on behalf of the board or
461 make recommendations to the board regarding the association
462 budget are subject to the provisions of this paragraph. Meetings
463 of a committee that does not take final action on behalf of the
464 board or make recommendations to the board regarding the
465 association budget are subject to the provisions of this
466 section, unless those meetings are exempted from this section by
467 the bylaws of the association. Notwithstanding any other law,
468 the requirement that board meetings and committee meetings be
469 open to the unit owners is inapplicable to meetings between the
470 board or a committee and the association’s attorney, with
471 respect to proposed or pending litigation, when the meeting is
472 held for the purpose of seeking or rendering legal advice.
473 (d) Unit owner meetings.—
474 1. There shall be an annual meeting of the unit owners held
475 at the location provided in the association bylaws and, if the
476 bylaws are silent as to the location, the meeting shall be held
477 within 45 miles of the condominium property. However, such
478 distance requirement does not apply to an association governing
479 a timeshare condominium. Unless the bylaws provide otherwise, a
480 vacancy on the board caused by the expiration of a director’s
481 term shall be filled by electing a new board member, and the
482 election shall be by secret ballot; however, if the number of
483 vacancies equals or exceeds the number of candidates, no
484 election is required. Except in timeshare condominiums, the
485 terms of all members of the board shall expire at the annual
486 meeting and such board members may stand for reelection unless
487 otherwise permitted by the bylaws. If In the event that the
488 bylaws permit staggered terms of no more than 2 years and upon
489 approval of a majority of the total voting interests, the
490 association board members may serve 2-year staggered terms. If
491 no person is interested in or demonstrates an intention to run
492 for the position of a board member whose term has expired
493 according to the provisions of this subparagraph, such board
494 member whose term has expired shall be automatically reappointed
495 to the board of administration and need not stand for
496 reelection. In a condominium association of more than 10 units
497 or in a condominium association that does not include timeshare
498 units, coowners of a unit may not serve as members of the board
499 of directors at the same time unless one coowner owns more than
500 one unit. Any unit owner desiring to be a candidate for board
501 membership shall comply with subparagraph 3. A person who has
502 been suspended or removed by the division under this chapter, or
503 any person who is delinquent in the payment of any fee, fine, or
504 special or regular assessment by more than 90 days as provided
505 in paragraph (n), is not eligible for board membership. A person
506 who has been convicted of any felony in this state or in a
507 United States District or Territorial Court, or who has been
508 convicted of any offense in another jurisdiction that would be
509 considered a felony if committed in this state, is not eligible
510 for board membership unless such felon’s civil rights have been
511 restored for a period of no less than 5 years as of the date on
512 which such person seeks election to the board. The validity of
513 an action by the board is not affected if it is later determined
514 that a member of the board is ineligible for board membership
515 due to having been convicted of a felony.
516 2. The bylaws shall provide the method of calling meetings
517 of unit owners, including annual meetings. Written notice, which
518 notice must include an agenda, shall be mailed, hand delivered,
519 or electronically transmitted to each unit owner at least 14
520 days prior to the annual meeting and shall be posted in a
521 conspicuous place on the condominium property at least 14
522 continuous days preceding the annual meeting. Upon notice to the
523 unit owners, the board shall by duly adopted rule designate a
524 specific location on the condominium property or association
525 property where upon which all notices of unit owner meetings
526 shall be posted; however, if there is no condominium property or
527 association property upon which notices can be posted, this
528 requirement does not apply. In lieu of or in addition to the
529 physical posting of notice of any meeting of the unit owners on
530 the condominium property, the association may, by reasonable
531 rule, adopt a procedure for conspicuously posting and repeatedly
532 broadcasting the notice and the agenda on a closed-circuit cable
533 television system serving the condominium association. However,
534 if broadcast notice is used in lieu of a notice posted
535 physically on the condominium property, the notice and agenda
536 must be broadcast at least four times every broadcast hour of
537 each day that a posted notice is otherwise required under this
538 section. When broadcast notice is provided, the notice and
539 agenda must be broadcast in a manner and for a sufficient
540 continuous length of time so as to allow an average reader to
541 observe the notice and read and comprehend the entire content of
542 the notice and the agenda. Unless a unit owner waives in writing
543 the right to receive notice of the annual meeting, such notice
544 shall be hand delivered, mailed, or electronically transmitted
545 to each unit owner. Notice for meetings and notice for all other
546 purposes shall be mailed to each unit owner at the address last
547 furnished to the association by the unit owner, or hand
548 delivered to each unit owner. However, if a unit is owned by
549 more than one person, the association shall provide notice, for
550 meetings and all other purposes, to that one address which the
551 developer initially identifies for that purpose and thereafter
552 as one or more of the owners of the unit shall so advise the
553 association in writing, or if no address is given or the owners
554 of the unit do not agree, to the address provided on the deed of
555 record. An officer of the association, or the manager or other
556 person providing notice of the association meeting, shall
557 provide an affidavit or United States Postal Service certificate
558 of mailing, to be included in the official records of the
559 association affirming that the notice was mailed or hand
560 delivered, in accordance with this provision.
561 3. The members of the board shall be elected by written
562 ballot or voting machine. Proxies shall in no event be used in
563 electing the board, either in general elections or elections to
564 fill vacancies caused by recall, resignation, or otherwise,
565 unless otherwise provided in this chapter. Not less than 60 days
566 before a scheduled election, the association shall mail,
567 deliver, or electronically transmit, whether by separate
568 association mailing or included in another association mailing,
569 delivery, or transmission, including regularly published
570 newsletters, to each unit owner entitled to a vote, a first
571 notice of the date of the election along with a certification
572 form provided by the division attesting that he or she has read
573 and understands, to the best of his or her ability, the
574 governing documents of the association and the provisions of
575 this chapter and any applicable rules. Within 90 days after
576 being elected or appointed to the board, each newly elected or
577 appointed director shall certify in writing to the secretary of
578 the association that he or she has read the declaration of
579 condominium for all condominiums operated by the association and
580 the association’s articles of incorporation, bylaws, and rules
581 and regulations; that he or she will work to uphold such
582 documents and policies to the best of his or her ability; and
583 that he or she will faithfully discharge his or her fiduciary
584 responsibility to the association’s members. In lieu of this
585 written certification, the newly elected or appointed director
586 may submit a certificate of satisfactory completion of the
587 educational curriculum administered by a division-approved
588 condominium education provider completed within 1 year before
589 the 90-day deadline. Failure to timely file the written
590 certification or educational certificate automatically
591 disqualifies the director from service on the board. The
592 secretary shall cause the association to retain a director’s
593 written certification or educational certificate for inspection
594 by the members for 5 years after a director’s election or
595 appointment. Failure to have such written certification or
596 educational certificate on file does not affect the validity of
597 any appropriate action. Any unit owner or other eligible person
598 desiring to be a candidate for the board must give written
599 notice to the association not less than 40 days before a
600 scheduled election. Together with the written notice and agenda
601 as set forth in subparagraph 2., the association shall mail,
602 deliver, or electronically transmit a second notice of the
603 election to all unit owners entitled to vote therein, together
604 with a ballot which shall list all candidates. Upon request of a
605 candidate, the association shall include an information sheet,
606 no larger than 8 1/2 inches by 11 inches, which must be
607 furnished by the candidate not less than 35 days before the
608 election and, along with the signed certification form provided
609 for in this subparagraph, to be included with the mailing,
610 delivery, or transmission of the ballot., with The costs of
611 mailing, delivery, or electronic transmission and copying shall
612 to be borne by the association. The association is not liable
613 for the contents of the information sheets prepared by the
614 candidates. In order to reduce costs, the association may print
615 or duplicate the information sheets on both sides of the paper.
616 The division shall by rule establish voting procedures
617 consistent with the provisions contained herein, including rules
618 establishing procedures for giving notice by electronic
619 transmission and rules providing for the secrecy of ballots.
620 Elections shall be decided by a plurality of those ballots cast.
621 There shall be no quorum requirement; however, at least 20
622 percent of the eligible voters must cast a ballot in order to
623 have a valid election of members of the board. No unit owner
624 shall permit any other person to vote his or her ballot, and any
625 such ballots improperly cast shall be deemed invalid, provided
626 any unit owner who violates this provision may be fined by the
627 association in accordance with s. 718.303. A unit owner who
628 needs assistance in casting the ballot for the reasons stated in
629 s. 101.051 may obtain assistance in casting the ballot. The
630 regular election shall occur on the date of the annual meeting.
631 The provisions of this subparagraph shall not apply to timeshare
632 condominium associations. Notwithstanding the provisions of this
633 subparagraph, an election is not required unless more candidates
634 file notices of intent to run or are nominated than board
635 vacancies exist.
636 4. Any approval by unit owners called for by this chapter
637 or the applicable declaration or bylaws, including, but not
638 limited to, the approval requirement in s. 718.111(8), shall be
639 made at a duly noticed meeting of unit owners and shall be
640 subject to all requirements of this chapter or the applicable
641 condominium documents relating to unit owner decisionmaking,
642 except that unit owners may take action by written agreement,
643 without meetings, on matters for which action by written
644 agreement without meetings is expressly allowed by the
645 applicable bylaws or declaration or any statute that provides
646 for such action.
647 5. Unit owners may waive notice of specific meetings if
648 allowed by the applicable bylaws or declaration or any statute.
649 If authorized by the bylaws, notice of meetings of the board of
650 administration, unit owner meetings, except unit owner meetings
651 called to recall board members under paragraph (j), and
652 committee meetings may be given by electronic transmission to
653 unit owners who consent to receive notice by electronic
654 transmission.
655 6. Unit owners shall have the right to participate in
656 meetings of unit owners with reference to all designated agenda
657 items. However, the association may adopt reasonable rules
658 governing the frequency, duration, and manner of unit owner
659 participation.
660 7. Any unit owner may tape record or videotape a meeting of
661 the unit owners subject to reasonable rules adopted by the
662 division.
663 8. Unless otherwise provided in the bylaws, any vacancy
664 occurring on the board before the expiration of a term may be
665 filled by the affirmative vote of the majority of the remaining
666 directors, even if the remaining directors constitute less than
667 a quorum, or by the sole remaining director. In the alternative,
668 a board may hold an election to fill the vacancy, in which case
669 the election procedures must conform to the requirements of
670 subparagraph 3. unless the association governs 10 units or less
671 and has opted out of the statutory election process, in which
672 case the bylaws of the association control. Unless otherwise
673 provided in the bylaws, a board member appointed or elected
674 under this section shall fill the vacancy for the unexpired term
675 of the seat being filled. Filling vacancies created by recall is
676 governed by paragraph (j) and rules adopted by the division.
677
678 Notwithstanding subparagraphs (b)2. and (d)3., an association of
679 10 or fewer units may, by the affirmative vote of a majority of
680 the total voting interests, provide for different voting and
681 election procedures in its bylaws, which vote may be by a proxy
682 specifically delineating the different voting and election
683 procedures. The different voting and election procedures may
684 provide for elections to be conducted by limited or general
685 proxy.
686 (n) Director or officer delinquencies.—A director or
687 officer more than 90 days delinquent in the payment of any fee,
688 fine, regular assessment, or special assessment assessments
689 shall be deemed to have abandoned the office, creating a vacancy
690 in the office to be filled according to law.
691 (o) Director or officer offenses.—A director or officer
692 charged by information or indictment with a felony theft or
693 embezzlement offense involving the association’s funds or
694 property shall be removed from office, creating a vacancy in the
695 office to be filled according to law. While such director or
696 officer has such criminal charge pending, he or she may not be
697 appointed or elected to a position as a director or officer.
698 However, should the charges be resolved without a finding of
699 guilt, the director or officer shall be reinstated for the
700 remainder of his or her term of office, if any.
701 Section 4. Paragraph (d) of subsection (1) of section
702 718.115, Florida Statutes, is amended to read:
703 718.115 Common expenses and common surplus.—
704 (1)
705 (d) If so provided in the declaration, the cost of
706 communications services as defined in chapter 202, information
707 services, or Internet services a master antenna television
708 system or duly franchised cable television service obtained
709 pursuant to a bulk contract shall be deemed a common expense. If
710 the declaration does not provide for the cost of communications
711 services as defined in chapter 202, information services, or
712 Internet services a master antenna television system or duly
713 franchised cable television service obtained under a bulk
714 contract as a common expense, the board may enter into such a
715 contract, and the cost of the service will be a common expense
716 but allocated on a per-unit basis rather than a percentage basis
717 if the declaration provides for other than an equal sharing of
718 common expenses, and any contract entered into before July 1,
719 1998, in which the cost of the service is not equally divided
720 among all unit owners, may be changed by vote of a majority of
721 the voting interests present at a regular or special meeting of
722 the association, to allocate the cost equally among all units.
723 The contract shall be for a term of not less than 2 years.
724 1. Any contract made by the board after the effective date
725 hereof for communications services as defined in chapter 202,
726 information services, or Internet services a community antenna
727 system or duly franchised cable television service may be
728 canceled by a majority of the voting interests present at the
729 next regular or special meeting of the association. Any member
730 may make a motion to cancel the said contract, but if no motion
731 is made or if such motion fails to obtain the required majority
732 at the next regular or special meeting, whichever occurs is
733 sooner, following the making of the contract, then such contract
734 shall be deemed ratified for the term therein expressed.
735 2. Any such contract shall provide, and shall be deemed to
736 provide if not expressly set forth, that any hearing-impaired or
737 legally blind unit owner who does not occupy the unit with a
738 non-hearing-impaired or sighted person, or any unit owner
739 receiving supplemental security income under Title XVI of the
740 Social Security Act or food stamps as administered by the
741 Department of Children and Family Services pursuant to s.
742 414.31, may discontinue the cable or video service without
743 incurring disconnect fees, penalties, or subsequent service
744 charges, and, as to such units, the owners shall not be required
745 to pay any common expenses charge related to such service. If
746 fewer less than all members of an association share the expenses
747 of cable or video service television, the expense shall be
748 shared equally by all participating unit owners. The association
749 may use the provisions of s. 718.116 to enforce payment of the
750 shares of such costs by the unit owners receiving cable or video
751 service television.
752 Section 5. Paragraph (b) of subsection (5) of section
753 718.116, Florida Statutes, is amended, and subsection (11) is
754 added to that section, to read:
755 718.116 Assessments; liability; lien and priority;
756 interest; collection.—
757 (5)
758 (b) To be valid, a claim of lien must state the description
759 of the condominium parcel, the name of the record owner, the
760 name and address of the association, the amount due, and the due
761 dates. It must be executed and acknowledged by an officer or
762 authorized agent of the association. No such lien shall be
763 effective longer than 1 year after the claim of lien was
764 recorded unless, within that time, an action to enforce the lien
765 is commenced. The 1-year period shall automatically be extended
766 for any length of time during which the association is prevented
767 from filing a foreclosure action by an automatic stay resulting
768 from a bankruptcy petition filed by the parcel owner or any
769 other person claiming an interest in the parcel. The claim of
770 lien shall secure all unpaid assessments which are due and which
771 may accrue subsequent to the recording of the claim of lien and
772 before prior to the entry of a certificate of title, as well as
773 interest and all reasonable costs and attorney’s fees incurred
774 by the association incident to the collection process. Costs to
775 the unit owner secured by the association’s claim of lien with
776 regard to collection letters or any other collection efforts by
777 management companies or licensed managers as to any delinquent
778 installment of an assessment may not exceed $75 unless the
779 management company prepares any letter or certificate required
780 by this chapter and charges a reasonable fee related to the
781 preparation of such letter or certificate. Upon payment in full,
782 the person making the payment is entitled to a satisfaction of
783 the lien.
784
785 After notice of contest of lien has been recorded, the clerk of
786 the circuit court shall mail a copy of the recorded notice to
787 the association by certified mail, return receipt requested, at
788 the address shown in the claim of lien or most recent amendment
789 to it and shall certify to the service on the face of the
790 notice. Service is complete upon mailing. After service, the
791 association has 90 days in which to file an action to enforce
792 the lien; and, if the action is not filed within the 90-day
793 period, the lien is void. However, the 90-day period shall be
794 extended for any length of time that the association is
795 prevented from filing its action because of an automatic stay
796 resulting from the filing of a bankruptcy petition by the unit
797 owner or by any other person claiming an interest in the parcel.
798 (11) If the unit is occupied by a tenant and the unit owner
799 is delinquent in the payment of regular assessments, the
800 association may demand that the tenant pay to the association
801 the future regular assessments related to the condominium unit.
802 The demand is continuing in nature, and upon demand, the tenant
803 shall continue to pay the regular assessments to the association
804 until the association releases the tenant or the tenant
805 discontinues tenancy in the unit. The association shall mail
806 written notice to the unit owner of the association’s demand
807 that the tenant pay regular assessments to the association. The
808 tenant is not liable for increases in the amount of the regular
809 assessment due unless the tenant was reasonably notified of the
810 increase before the day on which the rent is due. The tenant
811 shall be given a credit against rents due to the unit owner in
812 the amount of assessments paid to the association. The
813 association shall, upon request, provide the tenant with written
814 receipts for payments made. The association may issue notices
815 under s. 83.56 and may sue for eviction under ss. 83.59-83.625
816 as if the association were a landlord under part II of chapter
817 83 if the tenant fails to pay an assessment. However, the
818 association is not otherwise considered a landlord under chapter
819 83 and specifically has no duties under s. 83.51. The tenant
820 does not, by virtue of payment of assessments, have any of the
821 rights of a unit owner to vote in any election or to examine the
822 books and records of the association. A court may supersede the
823 effect of this subsection by appointing a receiver.
824 Section 6. Section 718.303, Florida Statutes, is amended to
825 read:
826 718.303 Obligations of owners and occupants; waiver; levy
827 of fines, suspension of use or voting rights, and other
828 nonexclusive remedies in law or equity fine against unit by an
829 association.—
830 (1) Each unit owner, each tenant and other invitee, and
831 each association shall be governed by, and shall comply with the
832 provisions of, this chapter, the declaration, the documents
833 creating the association, and the association bylaws and the
834 provisions thereof shall be deemed expressly incorporated into
835 any lease of a unit. Actions for damages or for injunctive
836 relief, or both, for failure to comply with these provisions may
837 be brought by the association or by a unit owner against:
838 (a) The association.
839 (b) A unit owner.
840 (c) Directors designated by the developer, for actions
841 taken by them prior to the time control of the association is
842 assumed by unit owners other than the developer.
843 (d) Any director who willfully and knowingly fails to
844 comply with these provisions.
845 (e) Any tenant leasing a unit, and any other invitee
846 occupying a unit.
847
848 The prevailing party in any such action or in any action in
849 which the purchaser claims a right of voidability based upon
850 contractual provisions as required in s. 718.503(1)(a) is
851 entitled to recover reasonable attorney’s fees. A unit owner
852 prevailing in an action between the association and the unit
853 owner under this section, in addition to recovering his or her
854 reasonable attorney’s fees, may recover additional amounts as
855 determined by the court to be necessary to reimburse the unit
856 owner for his or her share of assessments levied by the
857 association to fund its expenses of the litigation. This relief
858 does not exclude other remedies provided by law. Actions arising
859 under this subsection shall not be deemed to be actions for
860 specific performance.
861 (2) A provision of this chapter may not be waived if the
862 waiver would adversely affect the rights of a unit owner or the
863 purpose of the provision, except that unit owners or members of
864 a board of administration may waive notice of specific meetings
865 in writing if provided by the bylaws. Any instruction given in
866 writing by a unit owner or purchaser to an escrow agent may be
867 relied upon by an escrow agent, whether or not such instruction
868 and the payment of funds thereunder might constitute a waiver of
869 any provision of this chapter.
870 (3) If the declaration or bylaws so provide, the
871 association may suspend, for a reasonable time, the right of a
872 unit owner or a unit’s occupant, licensee, or invitee to use
873 common elements, common facilities, or any other association
874 property. This subsection does not apply to limited common
875 elements intended to be used only by that unit, common elements
876 that must be used to access the unit, utility services provided
877 to the unit, parking spaces, or elevators. The association may
878 also levy reasonable fines against a unit for the failure of the
879 owner of the unit, or its occupant, licensee, or invitee, to
880 comply with any provision of the declaration, the association
881 bylaws, or reasonable rules of the association. No fine will
882 become a lien against a unit. A No fine may not exceed $100 per
883 violation. However, a fine may be levied on the basis of each
884 day of a continuing violation, with a single notice and
885 opportunity for hearing, provided that no such fine shall in the
886 aggregate exceed $1,000. A No fine may not be levied and a
887 suspension may not be imposed unless the association first gives
888 except after giving reasonable notice and opportunity for a
889 hearing to the unit owner and, if applicable, its occupant,
890 licensee, or invitee. The hearing must be held before a
891 committee of other unit owners who are neither board members nor
892 persons residing in a board member’s household. If the committee
893 does not agree with the fine or suspension, the fine or
894 suspension may not be levied or imposed. The provisions of this
895 subsection do not apply to unoccupied units.
896 (4) The notice and hearing requirements of subsection (3)
897 do not apply to the imposition of suspensions or fines against a
898 unit owner or a unit’s occupant, licensee, or invitee because of
899 the failure to pay any amounts due the association. If such a
900 fine or suspension is imposed, the association must levy the
901 fine or impose a reasonable suspension at a properly noticed
902 board meeting, and after the imposition of such fine or
903 suspension, the association must notify the unit owner and, if
904 applicable, the unit’s occupant, licensee, or invitee by mail or
905 hand delivery.
906 (5) If the declaration or bylaws so provide, an association
907 may also suspend the voting rights of a member due to nonpayment
908 of assessments, fines, or other charges payable to the
909 association which are delinquent in excess of 90 days.
910 Section 7. Subsections (3) and (4) of section 719.108,
911 Florida Statutes, are amended, and subsection (10) is added to
912 that section, to read:
913 719.108 Rents and assessments; liability; lien and
914 priority; interest; collection; cooperative ownership.—
915 (3) Rents and assessments, and installments on them, not
916 paid when due bear interest at the rate provided in the
917 cooperative documents from the date due until paid. This rate
918 may not exceed the rate allowed by law, and, if no rate is
919 provided in the cooperative documents, then interest shall
920 accrue at 18 percent per annum. Also, if the cooperative
921 documents or bylaws so provide, the association may charge an
922 administrative late fee in addition to such interest, in an
923 amount not to exceed the greater of $25 or 5 percent of each
924 installment of the assessment for each delinquent installment
925 that the payment is late. Costs to the unit owner secured by the
926 association’s claim of lien with regard to collection letters or
927 any other collection efforts by management companies or licensed
928 managers as to any delinquent installment of an assessment may
929 not exceed $75 unless the management company prepares any letter
930 or certificate required by this chapter and charges a reasonable
931 fee related to the preparation of such letter or certificate.
932 Any payment received by an association shall be applied first to
933 any interest accrued by the association, then to any
934 administrative late fee, then to any costs and reasonable
935 attorney’s fees incurred in collection, then to any reasonable
936 costs for collection services for which the association has
937 contracted, and then to the delinquent assessment. The foregoing
938 shall be applicable notwithstanding any restrictive endorsement,
939 designation, or instruction placed on or accompanying a payment.
940 A late fee is not subject to chapter 687 or s. 719.303(3).
941 (4) The association shall have a lien on each cooperative
942 parcel for any unpaid rents and assessments, plus interest, any
943 authorized administrative late fees, and any reasonable costs
944 for collection services for which the association has contracted
945 against the unit owner of the cooperative parcel. If authorized
946 by the cooperative documents, said lien shall also secure
947 reasonable attorney’s fees incurred by the association incident
948 to the collection of the rents and assessments or enforcement of
949 such lien. The lien is effective from and after the recording of
950 a claim of lien in the public records in the county in which the
951 cooperative parcel is located which states the description of
952 the cooperative parcel, the name of the unit owner, the amount
953 due, and the due dates. The lien shall expire if a claim of lien
954 is not filed within 1 year after the date the assessment was
955 due, and no such lien shall continue for a longer period than 1
956 year after the claim of lien has been recorded unless, within
957 that time, an action to enforce the lien is commenced in a court
958 of competent jurisdiction. Except as otherwise provided in this
959 chapter, a lien may not be filed by the association against a
960 cooperative parcel until 30 days after the date on which a
961 notice of intent to file a lien has been delivered to the owner
962 by registered or certified mail, return receipt requested, and
963 by first-class United States mail to the owner at his or her
964 last address in the records of the association, if the address
965 is within the United States, and delivered to the owner at the
966 address of the unit if the owner’s address as reflected in the
967 records of the association is not the unit address. If the
968 address in the records is outside the United States, notice
969 shall be sent to that address and to the unit address by first
970 class United States mail. Delivery of the notice shall be deemed
971 given upon mailing as required by this subsection. No lien may
972 be filed by the association against a cooperative parcel until
973 30 days after the date on which a notice of intent to file a
974 lien has been served on the unit owner of the cooperative parcel
975 by certified mail or by personal service in the manner
976 authorized by chapter 48 and the Florida Rules of Civil
977 Procedure.
978 (10) If the share is occupied by a tenant and the share
979 owner is delinquent in the payment of regular assessments, the
980 association may demand that the tenant pay to the association
981 the future regular assessments related to the condominium share.
982 The demand is continuing in nature, and upon demand, the tenant
983 shall continue to pay the regular assessments to the association
984 until the association releases the tenant or the tenant
985 discontinues tenancy in the share. The association shall mail
986 written notice to the share owner of the association’s demand
987 that the tenant pay regular assessments to the association. The
988 tenant is not liable for increases in the amount of the regular
989 assessment due unless the tenant was reasonably notified of the
990 increase before the day on which the rent is due. The tenant
991 shall be given a credit against rents due to the share owner in
992 the amount of assessments paid to the association. The
993 association shall, upon request, provide the tenant with written
994 receipts for payments made. The association may issue notices
995 under s. 83.56 and may sue for eviction under ss. 83.59-83.625
996 as if the association were a landlord under part II of chapter
997 83 if the tenant fails to pay an assessment. However, the
998 association is not otherwise considered a landlord under chapter
999 83 and specifically has no duties under s. 83.51. The tenant
1000 does not, by virtue of payment of assessments, have any of the
1001 rights of a share owner to vote in any election or to examine
1002 the books and records of the association. A court may supersede
1003 the effect of this subsection by appointing a receiver.
1004 Section 8. Paragraph (b) of subsection (2) of section
1005 720.304, Florida Statutes, is amended to read:
1006 720.304 Right of owners to peaceably assemble; display of
1007 flag; SLAPP suits prohibited.—
1008 (2)
1009 (b) Any homeowner may erect a freestanding flagpole no more
1010 than 20 feet high on any portion of the homeowner’s real
1011 property, regardless of any covenants, restrictions, bylaws,
1012 rules, or requirements of the association, if the flagpole does
1013 not obstruct sightlines at intersections and is not erected
1014 within or upon an easement. The homeowner may further display in
1015 a respectful manner from that flagpole, regardless of any
1016 covenants, restrictions, bylaws, rules, or requirements of the
1017 association, one official United States flag, not larger than 4
1018 1/2 feet by 6 feet, and may additionally display one official
1019 flag of the State of Florida or the United States Army, Navy,
1020 Air Force, Marines, or Coast Guard, or a POW-MIA flag. Such
1021 additional flag must be equal in size to or smaller than the
1022 United States flag. The flagpole and display are subject to all
1023 building codes, zoning setbacks, and other applicable
1024 governmental regulations, including, but not limited to, noise
1025 and lighting ordinances in the county or municipality in which
1026 the flag pole is erected.
1027 Section 9. Subsection (2) of section 720.305, Florida
1028 Statutes, is amended to read:
1029 720.305 Obligations of members; remedies at law or in
1030 equity; levy of fines and suspension of use rights.—
1031 (2) If the governing documents so provide, an association
1032 may suspend, for a reasonable period of time, the rights of a
1033 member or a member’s tenants, guests, or invitees, or both, to
1034 use common areas and facilities and may levy reasonable fines,
1035 not to exceed $100 per violation, against any member or any
1036 tenant, guest, or invitee. A fine may be levied on the basis of
1037 each day of a continuing violation, with a single notice and
1038 opportunity for hearing, except that no such fine shall exceed
1039 $1,000 in the aggregate unless otherwise provided in the
1040 governing documents. A fine shall not become a lien against a
1041 parcel. In any action to recover a fine, the prevailing party is
1042 entitled to collect its reasonable attorney’s fees and costs
1043 from the nonprevailing party as determined by the court. The
1044 provisions regarding the suspension-of-use rights do not apply
1045 to common areas that must be used to provide access to the
1046 parcel or utility services provided to the parcel.
1047 (a) A fine or suspension may not be imposed without notice
1048 of at least 14 days to the person sought to be fined or
1049 suspended and an opportunity for a hearing before a committee of
1050 at least three members appointed by the board who are not
1051 officers, directors, or employees of the association, or the
1052 spouse, parent, child, brother, or sister of an officer,
1053 director, or employee. If the committee, by majority vote, does
1054 not approve a proposed fine or suspension, it may not be
1055 imposed.
1056 (b) The requirements of this subsection do not apply to the
1057 imposition of suspensions or fines upon any member because of
1058 the failure of the member to pay assessments or other charges
1059 when due if such action is authorized by the governing
1060 documents. If such a fine or suspension is imposed, the
1061 association must levy the fine or impose a reasonable suspension
1062 at a properly noticed board meeting, and after the imposition of
1063 such fine or suspension, the association must notify the owner
1064 and, if applicable, the unit’s occupant, licensee, or invitee by
1065 mail or hand delivery.
1066 (c) Suspension of common-area-use rights shall not impair
1067 the right of an owner or tenant of a parcel to have vehicular
1068 and pedestrian ingress to and egress from the parcel, including,
1069 but not limited to, the right to park.
1070 Section 10. Subsection (8) is added to section 720.3085,
1071 Florida Statutes, to read:
1072 720.3085 Payment for assessments; lien claims.—
1073 (8) If the parcel is occupied by a tenant and the parcel
1074 owner is delinquent in the payment of regular assessments, the
1075 association may demand that the tenant pay to the association
1076 the future regular assessments related to the condominium
1077 parcel. The demand is continuing in nature, and upon demand, the
1078 tenant shall continue to pay the regular assessments to the
1079 association until the association releases the tenant or the
1080 tenant discontinues tenancy in the parcel. The association shall
1081 mail written notice to the parcel owner of the association’s
1082 demand that the tenant pay regular assessments to the
1083 association. The tenant is not liable for increases in the
1084 amount of the regular assessment due unless the tenant was
1085 reasonably notified of the increase before the day on which the
1086 rent is due. The tenant shall be given a credit against rents
1087 due to the parcel owner in the amount of assessments paid to the
1088 association. The association shall, upon request, provide the
1089 tenant with written receipts for payments made. The association
1090 may issue notices under s. 83.56 and may sue for eviction under
1091 ss. 83.59-83.625 as if the association were a landlord under
1092 part II of chapter 83 if the tenant fails to pay an assessment.
1093 However, the association is not otherwise considered a landlord
1094 under chapter 83 and specifically has no duties under s. 83.51.
1095 The tenant does not, by virtue of payment of assessments, have
1096 any of the rights of a parcel owner to vote in any election or
1097 to examine the books and records of the association. A court may
1098 supersede the effect of this subsection by appointing a
1099 receiver.
1100 Section 11. Subsection (6) is added to section 720.31,
1101 Florida Statutes, to read:
1102 720.31 Recreational leaseholds; right to acquire;
1103 escalation clauses.—
1104 (6) An association may enter into agreements to acquire
1105 leaseholds, memberships, and other possessory or use interests
1106 in lands or facilities such as country clubs, golf courses,
1107 marinas, and other recreational facilities. An association may
1108 enter into such agreements regardless of whether the lands or
1109 facilities are contiguous to the lands of the community or
1110 whether such lands or facilities are intended to provide
1111 enjoyment, recreation, or other use or benefit to the owners.
1112 All leaseholds, memberships, and other possessory or use
1113 interests existing or created at the time of recording the
1114 declaration must be stated and fully described in the
1115 declaration. Subsequent to the recording of the declaration,
1116 agreements acquiring leaseholds, memberships, or other
1117 possessory or use interests not entered into within 12 months
1118 following the recording of the declaration may be entered into
1119 only if authorized by the declaration for material alterations
1120 or substantial additions to the common areas or association
1121 property. If the declaration is silent, any such transaction
1122 requires the approval of 75 percent of the total voting
1123 interests of the association. The declaration may provide that
1124 the rental, membership fees, operations, replacements, or other
1125 expenses are common expenses; impose covenants and restrictions
1126 concerning their use; and contain other provisions not
1127 inconsistent with this subsection. An association exercising its
1128 rights under this section may join with other associations that
1129 are part of the same development or with a master association
1130 responsible for the enforcement of shared covenants, conditions,
1131 and restrictions in carrying out the intent of this subsection.
1132 Section 12. Subsection (17) of section 721.05, Florida
1133 Statutes, is amended to read:
1134 721.05 Definitions.—As used in this chapter, the term:
1135 (17) “Facility” means any permanent amenity, including any
1136 structure, furnishing, fixture, equipment, service, improvement,
1137 or real or personal property, improved or unimproved, other than
1138 an accommodation of the timeshare plan, which is made available
1139 to the purchasers of a timeshare plan. The term does not include
1140 an incidental benefit as defined in this section.
1141 Section 13. Subsection (2) of section 553.509, Florida
1142 Statutes, is repealed.
1143 Section 14. This act shall take effect October 1, 2009.