HB 319

1	A bill to be entitled
2	An act relating to residential properties; amending s.
3	399.02, F.S.; exempting certain elevators from
4	specific code update requirements; amending s.
5	468.433, F.S.; prohibiting the Department of Business
6	and Professional Regulation from publishing a
7	community association manager's personal home address
8	unless it is for the purpose of satisfying a public
9	records request; amending s. 718.112, F.S.; revising
10	condominium unit owner meeting notice requirements;
11	revising recordkeeping requirements of a condominium
12	association board; requiring challenges to an election
13	to commence within a certain time period; providing
14	requirements for challenging the failure of a board to
15	duly notice and hold the required board meeting or to
16	file the required petition for a recall; providing
17	requirements for recalled board members to challenge
18	the recall; providing duties of the division regarding
19	recall petitions; amending s. 718.113, F.S.; providing
20	requirements for a condominium association board
21	relating to the installation of hurricane shutters,
22	impact glass, code-compliant windows or doors, and
23	other types of code-compliant hurricane protection
24	under certain circumstances; amending s. 718.115,
25	F.S.; conforming provisions to changes made by the
26	act; amending s. 718.116, F.S.; revising liability of
27	certain condominium unit owners acquiring title;
28	amending s. 718.303, F.S.; revising provisions
29	relating to imposing remedies against a noncompliant
30	or delinquent condominium unit owner or member;
31	revising voting requirements under certain conditions;
32	amending s. 718.403, F.S.; providing requirements for
33	the completion of phase condominiums; creating s.
34	718.406, F.S.; providing definitions; providing
35	requirements for condominiums created within
36	condominium parcels; providing for the establishment
37	of primary condominium and secondary condominium
38	units; providing requirements for association
39	declarations; authorizing a primary condominium
40	association to provide insurance and adopt hurricane
41	shutter or hurricane protection specifications under
42	certain conditions; providing requirements relating to
43	assessments; providing for resolution of conflicts
44	between primary condominium declarations and secondary
45	condominium declarations; providing requirements
46	relating to common expenses due the primary
47	condominium association; amending s. 718.5011, F.S.;
48	revising the restriction on officers and full-time
49	employees of the ombudsman from engaging in other
50	businesses or professions; amending s. 718.707, F.S.;
51	revising the time limitation for classification as a
52	bulk assignee or bulk buyer; amending s. 719.104,
53	F.S.; specifying additional records that are not
54	accessible to unit owners; amending s. 719.1055, F.S.;
55	revising provisions relating to the amendment of
56	cooperative documents; providing legislative findings
57	and a finding of compelling state interest; providing
58	criteria for consent or joinder to an amendment;
59	requiring notice regarding proposed amendments to
60	mortgagees; providing criteria for notification;
61	providing for voiding certain amendments; amending s.
62	719.106, F.S.; requiring challenges to an election to
63	commence within a certain time period; specifying
64	certification or educational requirements for a newly
65	elected or appointed cooperative board director;
66	providing requirements for challenging the failure of
67	a board to duly notice and hold the required board
68	meeting or to file the required petition for a recall;
69	providing requirements for recalled board members to
70	challenge the recall; providing duties of the division
71	regarding recall petitions; amending s. 719.303, F.S.;
72	revising provisions relating to imposing remedies
73	against a noncompliant or delinquent cooperative unit
74	owner or member; revising voting requirements under
75	certain conditions; amending s. 720.303, F.S.;
76	revising the types of records that are not accessible
77	to homeowners' association members and parcel owners;
78	providing requirements for challenging the failure of
79	a board to duly notice and hold the required board
80	meeting or to file the required petition for a recall;
81	providing requirements for recalled board members to
82	challenge the recall; providing duties of the division
83	regarding recall petitions; amending s. 720.305, F.S.;
84	revising provisions relating to imposing remedies
85	against a noncompliant or delinquent homeowners'
86	association member and parcel owner; revising voting
87	requirements under certain conditions; amending s.
88	720.306, F.S.; revising provisions relating to the
89	amendment of homeowners' association declarations;
90	providing legislative findings and a finding of
91	compelling state interest; providing criteria for
92	consent or joinder to an amendment; requiring notice
93	to mortgagees regarding proposed amendments; providing
94	criteria for notification; providing for voiding
95	certain amendments; requiring challenges to an
96	election to commence within a certain time period;
97	specifying certification or educational requirements
98	for a newly elected or appointed homeowners'
99	association board director; amending s. 720.3085,
100	F.S.; revising liability of certain parcel owners
101	acquiring title; providing an effective date.
102
103	Be It Enacted by the Legislature of the State of Florida:
104
105	Section 1.  Subsection (9) of section 399.02, Florida
106	Statutes, is amended to read:
107	399.02  General requirements.-
108	(9)  Updates to the Safety Code for Existing Elevators and
109	Escalators, ASME A17.1 and A17.3, which require Phase II
110	Firefighters' Service on elevators may not be enforced until
111	July 1, 2015, or until the elevator is replaced or requires
112	major modification, whichever occurs first, on elevators in
113	condominiums or multifamily residential buildings, including
114	those that are part of a continuing care facility licensed under
115	chapter 651, or similar retirement community with apartments,
116	having a certificate of occupancy by the local building
117	authority that was issued before July 1, 2008. This exception
118	does not prevent an elevator owner from requesting a variance
119	from the applicable codes before or after July 1, 2015. This
120	subsection does not prohibit the division from granting
121	variances pursuant to s. 120.542 and subsection (8). The
122	division shall adopt rules to administer this subsection.
123	Section 2.  Subsection (5) is added to section 468.433,
124	Florida Statutes, to read:
125	468.433  Licensure by examination.-
126	(5)  The department may not publish a licensee's personal
127	home address unless it is for the purpose of satisfying a public
128	records request.
129	Section 3.  Paragraphs (d) and (j) of subsection (2) of
130	section 718.112, Florida Statutes, are amended to read:
131	718.112  Bylaws.-
132	(2)  REQUIRED PROVISIONS.-The bylaws shall provide for the
133	following and, if they do not do so, shall be deemed to include
134	the following:
135	(d)  Unit owner meetings.-
136	1.  An annual meeting of the unit owners shall be held at
137	the location provided in the association bylaws and, if the
138	bylaws are silent as to the location, the meeting shall be held
139	within 45 miles of the condominium property. However, such
140	distance requirement does not apply to an association governing
141	a timeshare condominium.
142	2.  Unless the bylaws provide otherwise, a vacancy on the
143	board caused by the expiration of a director's term shall be
144	filled by electing a new board member, and the election must be
145	by secret ballot. An election is not required if the number of
146	vacancies equals or exceeds the number of candidates. For
147	purposes of this paragraph, the term "candidate" means an
148	eligible person who has timely submitted the written notice, as
149	described in sub-subparagraph 4.a., of his or her intention to
150	become a candidate. Except in a timeshare condominium, or if the
151	staggered term of a board member does not expire until a later
152	annual meeting, or if all members' terms would otherwise expire
153	but there are no candidates, the terms of all board members
154	expire at the annual meeting, and such members may stand for
155	reelection unless prohibited by the bylaws. If the bylaws permit
156	staggered terms of no more than 2 years and upon approval of a
157	majority of the total voting interests, the association board
158	members may serve 2-year staggered terms. If the number of board
159	members whose terms expire at the annual meeting equals or
160	exceeds the number of candidates, the candidates become members
161	of the board effective upon the adjournment of the annual
162	meeting. Unless the bylaws provide otherwise, any remaining
163	vacancies shall be filled by the affirmative vote of the
164	majority of the directors making up the newly constituted board
165	even if the directors constitute less than a quorum or there is
166	only one director. In a condominium association of more than 10
167	units or in a condominium association that does not include
168	timeshare units or timeshare interests, coowners of a unit may
169	not serve as members of the board of directors at the same time
170	unless they own more than one unit or unless there are not
171	enough eligible candidates to fill the vacancies on the board at
172	the time of the vacancy. Any unit owner desiring to be a
173	candidate for board membership must comply with sub-subparagraph
174	4.a. and must be eligible to serve on the board of directors at
175	the time of the deadline for submitting a notice of intent to
176	run in order to have his or her name listed as a proper
177	candidate on the ballot or to serve on the board. A person who
178	has been suspended or removed by the division under this
179	chapter, or who is delinquent in the payment of any fee, fine,
180	or special or regular assessment as provided in paragraph (n),
181	is not eligible for board membership. A person who has been
182	convicted of any felony in this state or in a United States
183	District or Territorial Court, or who has been convicted of any
184	offense in another jurisdiction which would be considered a
185	felony if committed in this state, is not eligible for board
186	membership unless such felon's civil rights have been restored
187	for at least 5 years as of the date such person seeks election
188	to the board. The validity of an action by the board is not
189	affected if it is later determined that a board member is
190	ineligible for board membership due to having been convicted of
191	a felony.
192	3.  The bylaws must provide the method of calling meetings
193	of unit owners, including annual meetings. Written notice must
194	include an agenda, must be mailed, hand delivered, or
195	electronically transmitted to each unit owner at least 14 days
196	before the annual meeting, and must be posted in a conspicuous
197	place on the condominium property at least 14 continuous days
198	before the annual meeting. Upon notice to the unit owners, the
199	board shall, by duly adopted rule, designate a specific location
200	on the condominium property or association property where all
201	notices of unit owner meetings shall be posted. This requirement
202	does not apply if there is no condominium property or
203	association property for posting notices. In lieu of, or in
204	addition to, the physical posting of meeting notices, the
205	association may, by reasonable rule, adopt a procedure for
206	conspicuously posting and repeatedly broadcasting the notice and
207	the agenda on a closed-circuit cable television system serving
208	the condominium association. However, if broadcast notice is
209	used in lieu of a notice posted physically on the condominium
210	property, the notice and agenda must be broadcast at least four
211	times every broadcast hour of each day that a posted notice is
212	otherwise required under this section. If broadcast notice is
213	provided, the notice and agenda must be broadcast in a manner
214	and for a sufficient continuous length of time so as to allow an
215	average reader to observe the notice and read and comprehend the
216	entire content of the notice and the agenda. Unless a unit owner
217	waives in writing the right to receive notice of the annual
218	meeting, such notice must be hand delivered, mailed, or
219	electronically transmitted to each unit owner. Notice for
220	meetings and notice for all other purposes must be mailed to
221	each unit owner at the address last furnished to the association
222	by the unit owner, or hand delivered to each unit owner.
223	However, if a unit is owned by more than one person, the
224	association must provide notice to the address that the
225	developer identifies for that purpose and thereafter as one or
226	more of the owners of the unit advise the association in
227	writing, or if no address is given or the owners of the unit do
228	not agree, to the address provided on the deed of record. An
229	officer of the association, or the manager or other person
230	providing notice of the association meeting, must provide an
231	affidavit or United States Postal Service certificate of
232	mailing, to be included in the official records of the
233	association affirming that the notice was mailed or hand
234	delivered in accordance with this provision.
235	4.  The members of the board shall be elected by written
236	ballot or voting machine. Proxies may not be used in electing
237	the board in general elections or elections to fill vacancies
238	caused by recall, resignation, or otherwise, unless otherwise
239	provided in this chapter.
240	a.  At least 60 days before a scheduled election, the
241	association shall mail, deliver, or electronically transmit, by
242	separate association mailing or included in another association
243	mailing, delivery, or transmission, including regularly
244	published newsletters, to each unit owner entitled to a vote, a
245	first notice of the date of the election. Any unit owner or
246	other eligible person desiring to be a candidate for the board
247	must give written notice of his or her intent to be a candidate
248	to the association at least 40 days before a scheduled election.
249	Together with the written notice and agenda as set forth in
250	subparagraph 3., the association shall mail, deliver, or
251	electronically transmit a second notice of the election to all
252	unit owners entitled to vote, together with a ballot that lists
253	all candidates. Upon request of a candidate, an information
254	sheet, no larger than 8 1/2 inches by 11 inches, which must be
255	furnished by the candidate at least 35 days before the election,
256	must be included with the mailing, delivery, or transmission of
257	the ballot, with the costs of mailing, delivery, or electronic
258	transmission and copying to be borne by the association. The
259	association is not liable for the contents of the information
260	sheets prepared by the candidates. In order to reduce costs, the
261	association may print or duplicate the information sheets on
262	both sides of the paper. The division shall by rule establish
263	voting procedures consistent with this sub-subparagraph,
264	including rules establishing procedures for giving notice by
265	electronic transmission and rules providing for the secrecy of
266	ballots. Elections shall be decided by a plurality of ballots
267	cast. There is no quorum requirement; however, at least 20
268	percent of the eligible voters must cast a ballot in order to
269	have a valid election. A unit owner may not permit any other
270	person to vote his or her ballot, and any ballots improperly
271	cast are invalid. A unit owner who violates this provision may
272	be fined by the association in accordance with s. 718.303. A
273	unit owner who needs assistance in casting the ballot for the
274	reasons stated in s. 101.051 may obtain such assistance. The
275	regular election must occur on the date of the annual meeting.
276	Notwithstanding this sub-subparagraph, an election is not
277	required unless more candidates file notices of intent to run or
278	are nominated than board vacancies exist.
279	b.  Within 90 days after being elected or appointed to the
280	board, each newly elected or appointed director shall certify in
281	writing to the secretary of the association that he or she has
282	read the association's declaration of condominium, articles of
283	incorporation, bylaws, and current written policies; that he or
284	she will work to uphold such documents and policies to the best
285	of his or her ability; and that he or she will faithfully
286	discharge his or her fiduciary responsibility to the
287	association's members. In lieu of this written certification,
288	within 90 days after being elected or appointed to the board,
289	the newly elected or appointed director may submit a certificate
290	of having satisfactorily completed the educational curriculum
291	administered by a division-approved condominium education
292	provider within 1 year before or 90 days after the date of
293	election or appointment. The written certification or
294	educational certificate is valid and does not have to be
295	resubmitted as long as the director serves on the board without
296	interruption. A director who fails to timely file the written
297	certification or educational certificate is suspended from
298	service on the board until he or she complies with this sub-
299	subparagraph. The board may temporarily fill the vacancy during
300	the period of suspension. The secretary shall cause the
301	association to retain a director's written certification or
302	educational certificate for inspection by the members for 5
303	years after a director's election or the duration of the
304	director's uninterrupted tenure, whichever is longer. Failure to
305	have such written certification or educational certificate on
306	file does not affect the validity of any board action.
307	c.  Any challenge to the election process must be commenced
308	within 60 days after the election results are announced.
309	5.  Any approval by unit owners called for by this chapter
310	or the applicable declaration or bylaws, including, but not
311	limited to, the approval requirement in s. 718.111(8), must be
312	made at a duly noticed meeting of unit owners and is subject to
313	all requirements of this chapter or the applicable condominium
314	documents relating to unit owner decisionmaking, except that
315	unit owners may take action by written agreement, without
316	meetings, on matters for which action by written agreement
317	without meetings is expressly allowed by the applicable bylaws
318	or declaration or any law that provides for such action.
319	6.  Unit owners may waive notice of specific meetings if
320	allowed by the applicable bylaws or declaration or any law. If
321	authorized by the bylaws, notice of meetings of the board of
322	administration, unit owner meetings, except unit owner meetings
323	called to recall board members under paragraph (j), and
324	committee meetings may be given by electronic transmission to
325	unit owners who consent to receive notice by electronic
326	transmission.
327	7.  Unit owners have the right to participate in meetings
328	of unit owners with reference to all designated agenda items.
329	However, the association may adopt reasonable rules governing
330	the frequency, duration, and manner of unit owner participation.
331	8.  A unit owner may tape record or videotape a meeting of
332	the unit owners subject to reasonable rules adopted by the
333	division.
334	9.  Unless otherwise provided in the bylaws, any vacancy
335	occurring on the board before the expiration of a term may be
336	filled by the affirmative vote of the majority of the remaining
337	directors, even if the remaining directors constitute less than
338	a quorum, or by the sole remaining director. In the alternative,
339	a board may hold an election to fill the vacancy, in which case
340	the election procedures must conform to sub-subparagraph 4.a.
341	unless the association governs 10 units or fewer and has opted
342	out of the statutory election process, in which case the bylaws
343	of the association control. Unless otherwise provided in the
344	bylaws, a board member appointed or elected under this section
345	shall fill the vacancy for the unexpired term of the seat being
346	filled. Filling vacancies created by recall is governed by
347	paragraph (j) and rules adopted by the division.
348	10.  This chapter does not limit the use of general or
349	limited proxies, require the use of general or limited proxies,
350	or require the use of a written ballot or voting machine for any
351	agenda item or election at any meeting of a timeshare
352	condominium association.
353
354	Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
355	association of 10 or fewer units may, by affirmative vote of a
356	majority of the total voting interests, provide for different
357	voting and election procedures in its bylaws, which may be by a
358	proxy specifically delineating the different voting and election
359	procedures. The different voting and election procedures may
360	provide for elections to be conducted by limited or general
361	proxy.
362	(j)  Recall of board members.-Subject to the provisions of
363	s. 718.301, any member of the board of administration may be
364	recalled and removed from office with or without cause by the
365	vote or agreement in writing by a majority of all the voting
366	interests. A special meeting of the unit owners to recall a
367	member or members of the board of administration may be called
368	by 10 percent of the voting interests giving notice of the
369	meeting as required for a meeting of unit owners, and the notice
370	shall state the purpose of the meeting. Electronic transmission
371	may not be used as a method of giving notice of a meeting called
372	in whole or in part for this purpose.
373	1.  If the recall is approved by a majority of all voting
374	interests by a vote at a meeting, the recall will be effective
375	as provided in this paragraph herein. The board shall duly
376	notice and hold a board meeting within 5 full business days
377	after of the adjournment of the unit owner meeting to recall one
378	or more board members. At the meeting, the board shall either
379	certify the recall, in which case such member or members shall
380	be recalled effective immediately and shall turn over to the
381	board within 5 full business days any and all records and
382	property of the association in their possession, or shall
383	proceed as set forth in subparagraph 3.
384	2.  If the proposed recall is by an agreement in writing by
385	a majority of all voting interests, the agreement in writing or
386	a copy thereof shall be served on the association by certified
387	mail or by personal service in the manner authorized by chapter
388	48 and the Florida Rules of Civil Procedure. The board of
389	administration shall duly notice and hold a meeting of the board
390	within 5 full business days after receipt of the agreement in
391	writing. At the meeting, the board shall either certify the
392	written agreement to recall a member or members of the board, in
393	which case such member or members shall be recalled effective
394	immediately and shall turn over to the board within 5 full
395	business days any and all records and property of the
396	association in their possession, or proceed as described in
397	subparagraph 3.
398	3.  If the board determines not to certify the written
399	agreement to recall a member or members of the board, or does
400	not certify the recall by a vote at a meeting, the board shall,
401	within 5 full business days after the meeting, file with the
402	division a petition for arbitration pursuant to the procedures
403	in s. 718.1255. For the purposes of this section, the unit
404	owners who voted at the meeting or who executed the agreement in
405	writing shall constitute one party under the petition for
406	arbitration. If the arbitrator certifies the recall as to any
407	member or members of the board, the recall will be effective
408	upon mailing of the final order of arbitration to the
409	association. If the association fails to comply with the order
410	of the arbitrator, the division may take action pursuant to s.
411	718.501. Any member or members so recalled shall deliver to the
412	board any and all records of the association in their possession
413	within 5 full business days after of the effective date of the
414	recall.
415	4.  If the board fails to duly notice and hold a board
416	meeting within 5 full business days after of service of an
417	agreement in writing or within 5 full business days after of the
418	adjournment of the unit owner recall meeting, the recall shall
419	be deemed effective and the board members so recalled shall
420	immediately turn over to the board any and all records and
421	property of the association.
422	5.  If the board fails to duly notice and hold the required
423	meeting or fails to file the required petition, the unit owner
424	representative may file a petition pursuant to s. 718.1255
425	challenging the board's failure to act. The petition must be
426	filed within 60 days after the expiration of the applicable 5-
427	full-business-day period. The review of a petition under this
428	subparagraph is limited to the sufficiency of service on the
429	board and the facial validity of the written agreement or
430	ballots filed.
431	6.5.  If a vacancy occurs on the board as a result of a
432	recall or removal and less than a majority of the board members
433	are removed, the vacancy may be filled by the affirmative vote
434	of a majority of the remaining directors, notwithstanding any
435	provision to the contrary contained in this subsection. If
436	vacancies occur on the board as a result of a recall and a
437	majority or more of the board members are removed, the vacancies
438	shall be filled in accordance with procedural rules to be
439	adopted by the division, which rules need not be consistent with
440	this subsection. The rules must provide procedures governing the
441	conduct of the recall election as well as the operation of the
442	association during the period after a recall but prior to the
443	recall election.
444	7.  A board member who has been recalled may file a
445	petition pursuant to s. 718.1255 challenging the validity of a
446	recall. The petition must be filed within 60 days after the
447	recall is deemed certified. The association and the unit owner
448	representative shall be named as the respondents.
449	8.  The division may not accept for filing a recall
450	petition, whether filed pursuant to subparagraph 1.,
451	subparagraph 2., subparagraph 5., or subparagraph 7. and
452	regardless of whether the recall was certified, when there are
453	60 or fewer days until the scheduled reelection of the board
454	member sought to be recalled or when 60 or fewer days have
455	elapsed since the election of the board member sought to be
456	recalled.
457	Section 4.  Subsection (5) of section 718.113, Florida
458	Statutes, is amended to read:
459	718.113  Maintenance; limitation upon improvement; display
460	of flag; hurricane shutters and protection; display of religious
461	decorations.-
462	(5)  Each board of administration shall adopt hurricane
463	shutter specifications for each building within each condominium
464	operated by the association which shall include color, style,
465	and other factors deemed relevant by the board. All
466	specifications adopted by the board must comply with the
467	applicable building code.
468	(a)  The board may, subject to the provisions of s.
469	718.3026, and the approval of a majority of voting interests of
470	the condominium, install hurricane shutters, impact glass, or
471	other code-compliant windows or doors, or other types of code-
472	compliant hurricane protection that comply complies with or
473	exceed exceeds the applicable building code. However, a vote of
474	the owners is not required if the maintenance, repair, and
475	replacement of hurricane shutters, impact glass, or other code-
476	compliant windows or doors, or other types of code-compliant
477	hurricane protection are the responsibility of the association
478	pursuant to the declaration of condominium. If hurricane
479	protection or laminated glass or window film architecturally
480	designed to function as hurricane protection that which complies
481	with or exceeds the current applicable building code has been
482	previously installed, the board may not install hurricane
483	shutters, hurricane protection, or impact glass, or other code-
484	compliant windows or doors, or other types of code-compliant
485	hurricane protection except upon approval by a majority vote of
486	the voting interests.
487	(b)  The association is responsible for the maintenance,
488	repair, and replacement of the hurricane shutters, impact glass,
489	code-compliant windows or doors, or other types of code-
490	compliant hurricane protection authorized by this subsection if
491	such property hurricane shutters or other hurricane protection
492	is the responsibility of the association pursuant to the
493	declaration of condominium. If the hurricane shutters, impact
494	glass, code-compliant windows or doors, or other types of code-
495	compliant hurricane protection authorized by this subsection are
496	the responsibility of the unit owners pursuant to the
497	declaration of condominium, the maintenance, repair, and
498	replacement of such items are the responsibility of the unit
499	owner.
500	(c)  The board may operate shutters, impact glass, code-
501	compliant windows or doors, or other types of code-compliant
502	hurricane protection installed pursuant to this subsection
503	without permission of the unit owners only if such operation is
504	necessary to preserve and protect the condominium property and
505	association property. The installation, replacement, operation,
506	repair, and maintenance of such shutters, impact glass, code-
507	compliant windows or doors, or other types of code-compliant
508	hurricane protection in accordance with the procedures set forth
509	in this paragraph are not a material alteration to the common
510	elements or association property within the meaning of this
511	section.
512	(d)  Notwithstanding any other provision in the condominium
513	documents, if approval is required by the documents, a board may
514	not refuse to approve the installation or replacement of
515	hurricane shutters, impact glass, code-compliant windows or
516	doors, or other types of code-compliant hurricane protection by
517	a unit owner conforming to the specifications adopted by the
518	board.
519	Section 5.  Paragraph (e) of subsection (1) of section
520	718.115, Florida Statutes, is amended to read:
521	718.115  Common expenses and common surplus.-
522	(1)
523	(e)  The expense of installation, replacement, operation,
524	repair, and maintenance of hurricane shutters, impact glass,
525	code-compliant windows or doors, or other types of code-
526	compliant hurricane protection by the board pursuant to s.
527	718.113(5) constitutes shall constitute a common expense as
528	defined herein and shall be collected as provided in this
529	section if the association is responsible for the maintenance,
530	repair, and replacement of the hurricane shutters, impact glass,
531	code-compliant windows or doors, or other types of code-
532	compliant hurricane protection pursuant to the declaration of
533	condominium. However, if the maintenance, repair, and
534	replacement of the hurricane shutters, impact glass, code-
535	compliant windows or doors, or other types of code-compliant
536	hurricane protection are is the responsibility of the unit
537	owners pursuant to the declaration of condominium, the cost of
538	the installation of the hurricane shutters, impact glass, code-
539	compliant windows or doors, or other types of code-compliant
540	hurricane protection is shall not be a common expense and, but
541	shall be charged individually to the unit owners based on the
542	cost of installation of the hurricane shutters, impact glass,
543	code-compliant windows or doors, or other types of code-
544	compliant hurricane protection appurtenant to the unit.
545	Notwithstanding the provisions of s. 718.116(9), and regardless
546	of whether or not the declaration requires the association or
547	unit owners to maintain, repair, or replace hurricane shutters,
548	impact glass, code-compliant windows or doors, or other types of
549	code-compliant hurricane protection, a unit owner who has
550	previously installed hurricane shutters in accordance with s.
551	718.113(5) that comply with the current applicable building code
552	shall receive a credit when the shutters are installed; a unit
553	owner who has previously installed impact glass or code-
554	compliant windows or doors that comply with the current
555	applicable building code shall receive a credit when the impact
556	glass or code-compliant windows or doors are installed; and a
557	unit owner who has installed, other types of code-compliant
558	hurricane protection that comply with the current applicable
559	building code shall receive a credit when the same type of other
560	code-compliant hurricane protection is installed, and the or
561	laminated glass architecturally designed to function as
562	hurricane protection, which hurricane shutters or other
563	hurricane protection or laminated glass comply with the current
564	applicable building code, shall receive a credit shall be equal
565	to the pro rata portion of the assessed installation cost
566	assigned to each unit. However, such unit owner remains shall
567	remain responsible for the pro rata share of expenses for
568	hurricane shutters, impact glass, code-compliant windows or
569	doors, or other types of code-compliant hurricane protection
570	installed on common elements and association property by the
571	board pursuant to s. 718.113(5), and remains shall remain
572	responsible for a pro rata share of the expense of the
573	replacement, operation, repair, and maintenance of such
574	shutters, impact glass, code-compliant windows or doors, or
575	other types of code-compliant hurricane protection.
576	Section 6.  Paragraphs (a) and (b) of subsection (1) of
577	section 718.116, Florida Statutes, are amended to read:
578	718.116  Assessments; liability; lien and priority;
579	interest; collection.-
580	(1)(a)  A unit owner, regardless of how the unit owner has
581	acquired his or her title has been acquired, including, but not
582	limited to, by purchase at a foreclosure sale or by deed in lieu
583	of foreclosure, is liable for all assessments that which come
584	due while he or she is the unit owner. Additionally, a unit
585	owner is jointly and severally liable with the previous owner
586	for all unpaid assessments, late fees, interest, costs, and
587	reasonable attorney fees incurred by the association in an
588	attempt to collect all such amounts is jointly and severally
589	liable with the previous owner for all unpaid assessments that
590	came due up to the time of transfer of title. This liability is
591	without prejudice to any right the owner may have to recover
592	from the previous owner the amounts paid by the owner.
593	(b)1.  The liability of a first mortgagee or its successor
594	or assignees who acquire title to a unit by foreclosure or by
595	deed in lieu of foreclosure for the unpaid assessments that
596	became due before the mortgagee's acquisition of title is
597	limited to the lesser of:
598	a.  The unit's unpaid common expenses and regular periodic
599	assessments which accrued or came due during the 12 months
600	immediately preceding the acquisition of title and for which
601	payment in full has not been received by the association; or
602	b.  One percent of the original mortgage debt.
603
604	The limitations on first mortgagee liability provided by
605	provisions of this subparagraph paragraph apply only if the
606	first mortgagee joined the association as a defendant in the
607	foreclosure action. Joinder of the association is not required
608	if, on the date the complaint is filed, the association was
609	dissolved or did not maintain an office or agent for service of
610	process at a location that which was known to or reasonably
611	discoverable by the mortgagee.
612	2.  An association, or its successor or assignee, that
613	acquires title to a unit through the foreclosure of its lien for
614	assessments is not liable for any unpaid assessments, late fees,
615	interest, or reasonable attorney attorney's fees and costs that
616	came due before the association's acquisition of title in favor
617	of any other association, as defined in s. 718.103(2) or s.
618	720.301(9), which holds a superior lien interest on the unit.
619	This subparagraph is intended to clarify existing law.
620	Section 7.  Paragraph (a) of subsection (3) and subsection
621	(5) of section 718.303, Florida Statutes, are amended to read:
622	718.303  Obligations of owners and occupants; remedies.-
623	(3)  The association may levy reasonable fines for the
624	failure of the owner of the unit or its occupant, licensee, or
625	invitee to comply with any provision of the declaration, the
626	association bylaws, or reasonable rules of the association. A
627	fine may not become a lien against a unit. A fine may be levied
628	on the basis of each day of a continuing violation, with a
629	single notice and opportunity for hearing. However, the fine may
630	not exceed $100 per violation, or $1,000 in the aggregate.
631	(a)  An association may suspend, for a reasonable period of
632	time, the right of a unit owner, or a unit owner's tenant,
633	guest, or invitee, to use the common elements, common
634	facilities, or any other association property for failure to
635	comply with any provision of the declaration, the association
636	bylaws, or reasonable rules of the association. This paragraph
637	does not apply to limited common elements intended to be used
638	only by that unit, common elements needed to access the unit,
639	utility services provided to the unit, parking spaces, or
640	elevators.
641	(5)  An association may suspend the voting rights of a unit
642	or member due to nonpayment of any monetary obligation due to
643	the association which is more than 90 days delinquent.
644	Notwithstanding an association's declaration, articles of
645	incorporation, or bylaws, the requirements to establish a
646	quorum, conduct an election, or obtain membership approval on
647	actions under this chapter or pursuant to the declaration,
648	articles of incorporation, or bylaws shall be reduced by the
649	number of suspended voting interests or consent rights. A voting
650	interest or consent right allocated to a unit or member which
651	has been suspended by the association may not be counted towards
652	the total number of voting interests necessary to constitute a
653	quorum, the number of voting interests required to conduct an
654	election, or the number of voting interests required to approve
655	an action under this chapter or pursuant to the declaration,
656	articles of incorporation, or bylaws. The suspension ends upon
657	full payment of all obligations currently due or overdue the
658	association. The notice and hearing requirements under
659	subsection (3) do not apply to a suspension imposed under this
660	subsection.
661	Section 8.  Subsection (1) of section 718.403, Florida
662	Statutes, is amended to read:
663	718.403  Phase condominiums.-
664	(1)  Notwithstanding the provisions of s. 718.110, a
665	developer may develop a condominium in phases, if the original
666	declaration of condominium submitting the initial phase to
667	condominium ownership or an amendment to the declaration which
668	has been approved by all of the unit owners and unit mortgagees
669	provides for and describes in detail all anticipated phases; the
670	impact, if any, which the completion of subsequent phases would
671	have upon the initial phase; and the time period (which may not
672	exceed 7 years from the date of recording the declaration of
673	condominium, unless extended as provided in this subsection)
674	within which all phases must be added to the condominium and
675	comply with the requirements of this section and at the end of
676	which the right to add additional phases expires.
677	(a)  All phases must be added to the condominium within 7
678	years after the date of recording the original declaration of
679	condominium submitting the initial phase to condominium
680	ownership unless an amendment extending the 7-year period is
681	approved by the unit owners.
682	(b)  An amendment to extend the 7-year period requires the
683	approval of the owners necessary to amend the declaration of
684	condominium consistent with s. 718.110(1)(a). An extension of
685	the 7-year period may be submitted for approval only during the
686	last 3 years of the 7-year period.
687	(c)  An amendment must describe the time period within
688	which all phases must be added to the condominium and such time
689	period may not exceed 10 years after the date of recording the
690	original declaration of condominium submitting the initial phase
691	to condominium ownership.
692	(d)  Notwithstanding s. 718.110, an amendment extending the
693	7-year period is not an amendment subject to s. 718.110(4).
694	Section 9.  Section 718.406, Florida Statutes, is created
695	to read:
696	718.406  Condominiums created within condominium parcels.-
697	(1)  Unless otherwise expressed in the declaration of
698	condominium, if a condominium is created within a condominium
699	parcel, the term:
700	(a)  "Primary condominium" means any condominium that is
701	not a secondary condominium and contains one or more subdivided
702	units.
703	(b)  "Primary condominium association" means any entity
704	that operates a primary condominium.
705	(c)  "Primary condominium declaration" means the instrument
706	or instruments by which a primary condominium is created, as
707	they are from time to time amended.
708	(d)  "Secondary condominium" means one or more condominium
709	parcels that have been submitted to condominium ownership
710	pursuant to a secondary condominium declaration.
711	(e)  "Secondary condominium association" means any entity
712	responsible for the operation of a secondary condominium.
713	(f)  "Secondary condominium declaration" means the
714	instrument or instruments by which a secondary condominium is
715	created, as they are from time to time amended.
716	(g)  "Subdivided unit" means a condominium parcel in a
717	primary condominium that has been submitted to condominium
718	ownership pursuant to a secondary condominium declaration.
719	(2)  Unless otherwise provided in the primary condominium
720	declaration, if a condominium parcel is a subdivided unit, the
721	secondary condominium association governing the secondary
722	condominium containing the subdivided unit shall act on behalf
723	of the unit owners of units in the subdivided unit and shall
724	exercise all rights of the unit owners of units in the
725	subdivided unit in the primary condominium association other
726	than the right of possession of such unit. The designated
727	representative of the secondary condominium association shall
728	cast the vote of the subdivided unit in the primary condominium
729	association and, if no person is designated by the secondary
730	condominium association to cast such vote, the vote shall be
731	cast by the president of the secondary condominium association
732	or the designee of the president.
733	(3)  Unless otherwise provided in the primary condominium
734	declaration, if a condominium parcel in the primary condominium
735	is being submitted for condominium ownership, then the consent
736	of the primary condominium association responsible for the
737	operation of the condominium containing such condominium parcel
738	is not required to create the secondary condominium on such
739	condominium parcel.
740	(4)  If the primary condominium declaration requires the
741	consent of the primary condominium association to create a
742	secondary condominium in a condominium parcel within the primary
743	condominium, then, unless otherwise provided in the primary
744	condominium declaration, only the approval of a majority of the
745	board of administration of the primary condominium association
746	is required for such consent. Unless otherwise provided in the
747	primary condominium declaration, neither consent of the unit
748	owners of, nor the lienholders on, any condominium parcels in
749	the primary condominium that are not subdivided units are
750	required to approve the secondary condominium declaration.
751	Approval is required for the execution of a secondary
752	condominium declaration by the owner of the subdivided unit and
753	any lienholder on the subdivided unit.
754	(5)  An owner of a condominium parcel in a subdivided unit
755	is subject to both the primary condominium declaration and the
756	secondary condominium declaration.
757	(6)  The primary condominium association may provide
758	insurance required by s. 718.111(11) for common elements and
759	other improvements within the secondary condominium if the
760	primary condominium declaration permits the primary condominium
761	association to provide such insurance for the benefit of the
762	condominium property included in the subdivided unit, in lieu of
763	such insurance being provided by the secondary condominium
764	association.
765	(7)  Unless otherwise provided in the primary condominium
766	declaration, the board of administration of the primary
767	condominium association may adopt hurricane shutter or hurricane
768	protection specifications for each building within which
769	subdivided units are located and govern any subdivided units in
770	the primary condominium.
771	(8)  Any unit owner of, or holder of a first mortgage on, a
772	unit in a secondary condominium may register such unit owner's
773	or mortgagee's interest in the secondary condominium with the
774	primary condominium association by written notice to the primary
775	condominium association. Once registered, the primary
776	condominium association must provide written notice to such unit
777	owner and his or her mortgagee at least 30 days before
778	instituting any foreclosure action against the subdivided unit
779	in which the unit owner or his and her mortgagee holds an
780	interest for failure to pay any assessments or other amounts due
781	the primary condominium association. A foreclosure action
782	against a subdivided unit is not effective without an affidavit
783	indicating that written notice of the foreclosure was timely
784	sent to the names and addresses of unit owners and first
785	mortgagees registered with the primary condominium association
786	pursuant to this subsection. The registered unit owner or
787	mortgagee has a right to pay the proportionate amount of the
788	delinquent assessment attributable to the unit in which the
789	registered unit owner or mortgagee holds an interest. Upon such
790	payment, the primary condominium association shall release the
791	lien of the primary condominium association of record against
792	such unit. Alternatively, such registered unit owner or
793	mortgagee may pay the amount of all delinquent assessments
794	attributed to the subdivided unit and seek reimbursement for all
795	such amounts paid and all costs incurred from the secondary
796	condominium association, including, without limitation, the
797	costs of collection other than the share allocable to the unit
798	on behalf of which such payment was made.
799	(9)  In the event of a conflict between the primary
800	condominium declaration and the secondary condominium
801	declaration, the primary condominium declaration controls.
802	(10)  All common expenses due the primary condominium
803	association with respect to a subdivided unit are a common
804	expense of the secondary condominium association and shall be
805	collected by the secondary condominium association from its
806	members and paid to the primary condominium association.
807	Section 10.  Subsection (2) of section 718.5011, Florida
808	Statutes, is amended to read:
809	718.5011  Ombudsman; appointment; administration.-
810	(2)  The Governor shall appoint the ombudsman. The
811	ombudsman must be an attorney admitted to practice before the
812	Florida Supreme Court and shall serve at the pleasure of the
813	Governor. A vacancy in the office shall be filled in the same
814	manner as the original appointment. An officer or full-time
815	employee of the ombudsman's office may not actively engage in
816	any other business or profession that directly or indirectly
817	relates to or conflicts with his or her work in the ombudsman's
818	office; serve as the representative of any political party,
819	executive committee, or other governing body of a political
820	party; serve as an executive, officer, or employee of a
821	political party; receive remuneration for activities on behalf
822	of any candidate for public office; or engage in soliciting
823	votes or other activities on behalf of a candidate for public
824	office. The ombudsman or any employee of his or her office may
825	not become a candidate for election to public office unless he
826	or she first resigns from his or her office or employment.
827	Section 11.  Section 718.707, Florida Statutes, is amended
828	to read:
829	718.707  Time limitation for classification as bulk
830	assignee or bulk buyer.-A person acquiring condominium parcels
831	may not be classified as a bulk assignee or bulk buyer unless
832	the condominium parcels were acquired on or after July 1, 2010,
833	but before July 1, 2015 2012. The date of such acquisition shall
834	be determined by the date of recording a deed or other
835	instrument of conveyance for such parcels in the public records
836	of the county in which the condominium is located, or by the
837	date of issuing a certificate of title in a foreclosure
838	proceeding with respect to such condominium parcels.
839	Section 12.  Paragraph (c) of subsection (2) of section
840	719.104, Florida Statutes, is amended to read:
841	719.104  Cooperatives; access to units; records; financial
842	reports; assessments; purchase of leases.-
843	(2)  OFFICIAL RECORDS.-
844	(c)  The official records of the association shall be open
845	to inspection by any association member or the authorized
846	representative of such member at all reasonable times. Failure
847	to permit inspection of the association records as provided in
848	this subsection herein entitles any person prevailing in an
849	enforcement action to recover reasonable attorney attorney's
850	fees from the person in control of the records who, directly or
851	indirectly, knowingly denies access to the records for
852	inspection. The right to inspect the records includes the right
853	to make or obtain copies, at the reasonable expense, if any, of
854	the association member. The association may adopt reasonable
855	rules regarding the frequency, time, location, notice, and
856	manner of record inspections and copying. The failure of an
857	association to provide the records within 10 working days after
858	receipt of a written request creates a rebuttable presumption
859	that the association willfully failed to comply with this
860	paragraph. A unit owner who is denied access to official records
861	is entitled to the actual damages or minimum damages for the
862	association's willful failure to comply with this paragraph. The
863	minimum damages shall be $50 per calendar day up to 10 days, the
864	calculation to begin on the 11th day after receipt of the
865	written request. The association shall maintain an adequate
866	number of copies of the declaration, articles of incorporation,
867	bylaws, and rules, and all amendments to each of the foregoing,
868	as well as the question and answer sheet provided for in s.
869	719.504, on the cooperative property to ensure their
870	availability to unit owners and prospective purchasers, and may
871	charge its actual costs for preparing and furnishing these
872	documents to those requesting the same. Notwithstanding the
873	provisions of this paragraph, the following records shall not be
874	accessible to unit owners:
875	1.  Any record protected by the lawyer-client privilege as
876	provided in s. 90.502; protected by the work-product privilege,
877	including any record A record that was prepared by an
878	association attorney or prepared at the attorney's express
879	direction; reflecting that reflects a mental impression,
880	conclusion, litigation strategy, or legal theory of the attorney
881	or the association; or that was prepared exclusively for civil
882	or criminal litigation or for adversarial administrative
883	proceedings or in anticipation of imminent civil or criminal
884	litigation or imminent adversarial administrative proceedings,
885	until the conclusion of the litigation or adversarial
886	administrative proceedings.
887	2.  Information obtained by an association in connection
888	with the approval of the lease, sale, or other transfer of a
889	unit.
890	3.  Medical records of unit owners.
891	4.  Personnel records of association employees, including,
892	but not limited to, disciplinary, payroll, health, and insurance
893	records. For purposes of this subparagraph, the term "personnel
894	records" does not include written employment agreements with an
895	association employee or budgetary or financial records that
896	indicate the compensation paid to an association employee.
897	5.  Social security numbers, driver license numbers, credit
898	card numbers, e-mail addresses, telephone numbers, emergency
899	contact information, any addresses of a unit owner other than
900	addresses provided to fulfill the association's notice
901	requirements, and other personal identifying information of any
902	person, excluding the person's name, unit designation, mailing
903	address, and property address.
904	6.  Any electronic security measures that are used by the
905	association to safeguard data, including passwords.
906	7.  The software and operating system used by the
907	association which allows manipulation of data, even if the owner
908	owns a copy of the same software used by the association. The
909	data is part of the official records of the association.
910	Section 13.  Subsection (7) is added to section 719.1055,
911	Florida Statutes, to read:
912	719.1055  Amendment of cooperative documents; alteration
913	and acquisition of property.-
914	(7)  The Legislature finds that the procurement of
915	mortgagee consent to amendments that do not affect the rights or
916	interests of mortgagees is an unreasonable and substantial
917	logistical and financial burden on the unit owners and that
918	there is a compelling state interest in enabling the members of
919	an association to approve amendments to the association's
920	cooperative documents through legal means. Accordingly, and
921	notwithstanding any provision to the contrary contained in this
922	subsection:
923	(a)  As to any mortgage recorded on or after July 1, 2012,
924	any provision in the association's cooperative documents that
925	requires the consent or joinder of some or all mortgagees of
926	units or any other portion of the association's common areas to
927	amend the association's cooperative documents or for any other
928	matter is enforceable only as to amendments to the association's
929	cooperative documents that adversely affect the priority of the
930	mortgagee's lien or the mortgagee's rights to foreclose its lien
931	or that otherwise materially affect the rights and interests of
932	the mortgagees.
933	(b)  As to mortgages recorded before July 1, 2012, any
934	existing provisions in the association's cooperative documents
935	requiring mortgagee consent are enforceable.
936	(c)  In securing consent or joinder, the association is
937	entitled to rely upon the public records to identify the holders
938	of outstanding mortgages. The association may use the address
939	provided in the original recorded mortgage document, unless
940	there is a different address for the holder of the mortgage in a
941	recorded assignment or modification of the mortgage, which
942	recorded assignment or modification must reference the official
943	records book and page on which the original mortgage was
944	recorded. Once the association has identified the recorded
945	mortgages of record, the association shall, in writing, request
946	of each unit owner whose unit is encumbered by a mortgage of
947	record any information the owner has in his or her possession
948	regarding the name and address of the person to whom mortgage
949	payments are currently being made. Notice shall be sent to such
950	person if the address provided in the original recorded mortgage
951	document is different from the name and address of the mortgagee
952	or assignee of the mortgage as shown by the public record. The
953	association is deemed to have complied with this requirement by
954	making the written request of the unit owners required under
955	this paragraph. Any notices required to be sent to the
956	mortgagees under this paragraph shall be sent to all available
957	addresses provided to the association.
958	(d)  Any notice to the mortgagees required under paragraph
959	(c) may be sent by a method that establishes proof of delivery,
960	and any mortgagee who fails to respond within 60 days after the
961	date of mailing is deemed to have consented to the amendment.
962	(e)  For those amendments requiring mortgagee consent on or
963	after July 1, 2012, in the event mortgagee consent is provided
964	other than by properly recorded joinder, such consent shall be
965	evidenced by affidavit of the association recorded in the public
966	records of the county in which the declaration is recorded.
967	(f)  Any amendment adopted without the required consent of
968	a mortgagee is voidable only by a mortgagee who was entitled to
969	notice and an opportunity to consent. An action to void an
970	amendment is subject to the statute of limitations beginning 5
971	years after the date of discovery as to the amendments described
972	in paragraph (a) and 5 years after the date of recordation of
973	the certificate of amendment for all other amendments. This
974	paragraph applies to all mortgages, regardless of the date of
975	recordation of the mortgage.
976	Section 14.  Paragraphs (d) and (f) of subsection (1) of
977	section 719.106, Florida Statutes, are amended to read:
978	719.106  Bylaws; cooperative ownership.-
979	(1)  MANDATORY PROVISIONS.-The bylaws or other cooperative
980	documents shall provide for the following, and if they do not,
981	they shall be deemed to include the following:
982	(d)  Shareholder meetings.-There shall be an annual meeting
983	of the shareholders. All members of the board of administration
984	shall be elected at the annual meeting unless the bylaws provide
985	for staggered election terms or for their election at another
986	meeting. Any unit owner desiring to be a candidate for board
987	membership must comply with subparagraph 1. The bylaws must
988	provide the method for calling meetings, including annual
989	meetings. Written notice, which must incorporate an
990	identification of agenda items, shall be given to each unit
991	owner at least 14 days before the annual meeting and posted in a
992	conspicuous place on the cooperative property at least 14
993	continuous days preceding the annual meeting. Upon notice to the
994	unit owners, the board must by duly adopted rule designate a
995	specific location on the cooperative property upon which all
996	notice of unit owner meetings are posted. In lieu of or in
997	addition to the physical posting of the meeting notice, the
998	association may, by reasonable rule, adopt a procedure for
999	conspicuously posting and repeatedly broadcasting the notice and
1000	the agenda on a closed-circuit cable television system serving
1001	the cooperative association. However, if broadcast notice is
1002	used in lieu of a posted notice, the notice and agenda must be
1003	broadcast at least four times every broadcast hour of each day
1004	that a posted notice is otherwise required under this section.
1005	If broadcast notice is provided, the notice and agenda must be
1006	broadcast in a manner and for a sufficient continuous length of
1007	time to allow an average reader to observe the notice and read
1008	and comprehend the entire content of the notice and the agenda.
1009	Unless a unit owner waives in writing the right to receive
1010	notice of the annual meeting, the notice of the annual meeting
1011	must be sent by mail, hand delivered, or electronically
1012	transmitted to each unit owner. An officer of the association
1013	must provide an affidavit or United States Postal Service
1014	certificate of mailing, to be included in the official records
1015	of the association, affirming that notices of the association
1016	meeting were mailed, hand delivered, or electronically
1017	transmitted, in accordance with this provision, to each unit
1018	owner at the address last furnished to the association.
1019	1.  The board of administration shall be elected by written
1020	ballot or voting machine. A proxy may not be used in electing
1021	the board of administration in general elections or elections to
1022	fill vacancies caused by recall, resignation, or otherwise
1023	unless otherwise provided in this chapter.
1024	a.  At least 60 days before a scheduled election, the
1025	association shall mail, deliver, or transmit, whether by
1026	separate association mailing, delivery, or electronic
1027	transmission or included in another association mailing,
1028	delivery, or electronic transmission, including regularly
1029	published newsletters, to each unit owner entitled to vote, a
1030	first notice of the date of the election. Any unit owner or
1031	other eligible person desiring to be a candidate for the board
1032	of administration must give written notice to the association at
1033	least 40 days before a scheduled election. Together with the
1034	written notice and agenda as set forth in this section, the
1035	association shall mail, deliver, or electronically transmit a
1036	second notice of election to all unit owners entitled to vote,
1037	together with a ballot that which lists all candidates. Upon
1038	request of a candidate, the association shall include an
1039	information sheet, no larger than 8 1/2 inches by 11 inches,
1040	which must be furnished by the candidate at least 35 days before
1041	the election, to be included with the mailing, delivery, or
1042	electronic transmission of the ballot, with the costs of
1043	mailing, delivery, or transmission and copying to be borne by
1044	the association. The association is not liable for the contents
1045	of the information sheets provided by the candidates. In order
1046	to reduce costs, the association may print or duplicate the
1047	information sheets on both sides of the paper. The division
1048	shall by rule establish voting procedures consistent with this
1049	subparagraph, including rules establishing procedures for giving
1050	notice by electronic transmission and rules providing for the
1051	secrecy of ballots. Elections shall be decided by a plurality of
1052	those ballots cast. There is no quorum requirement. However, at
1053	least 20 percent of the eligible voters must cast a ballot in
1054	order to have a valid election. A unit owner may not permit any
1055	other person to vote his or her ballot, and any such ballots
1056	improperly cast are invalid. A unit owner who needs assistance
1057	in casting the ballot for the reasons stated in s. 101.051 may
1058	obtain assistance in casting the ballot. Any unit owner
1059	violating this provision may be fined by the association in
1060	accordance with s. 719.303. The regular election must occur on
1061	the date of the annual meeting. This subparagraph does not apply
1062	to timeshare cooperatives. Notwithstanding this subparagraph, an
1063	election and balloting are not required unless more candidates
1064	file a notice of intent to run or are nominated than vacancies
1065	exist on the board. Any challenge to the election process must
1066	be commenced within 60 days after the election results are
1067	announced.
1068	b.  Within 90 days after being elected or appointed to the
1069	board, each new director shall certify in writing to the
1070	secretary of the association that he or she has read the
1071	association's bylaws, articles of incorporation, proprietary
1072	lease, and current written policies; that he or she will work to
1073	uphold such documents and policies to the best of his or her
1074	ability; and that he or she will faithfully discharge his or her
1075	fiduciary responsibility to the association's members. Within 90
1076	days after being elected or appointed to the board, in lieu of
1077	this written certification, the newly elected or appointed
1078	director may submit a certificate of having satisfactorily
1079	completed the educational curriculum administered by an
1080	education provider as approved by the division pursuant to the
1081	requirements established in chapter 718 within 1 year before or
1082	90 days after the date of election or appointment. The
1083	educational certificate is valid and does not have to be
1084	resubmitted as long as the director serves on the board without
1085	interruption. A director who fails to timely file the written
1086	certification or educational certificate is suspended from
1087	service on the board until he or she complies with this sub-
1088	subparagraph. The board may temporarily fill the vacancy during
1089	the period of suspension. The secretary shall cause the
1090	association to retain a director's written certification or
1091	educational certificate for inspection by the members for 5
1092	years after a director's election or the duration of the
1093	director's uninterrupted tenure, whichever is longer. Failure to
1094	have such written certification or educational certificate on
1095	file does not affect the validity of any board action.
1096	2.  Any approval by unit owners called for by this chapter,
1097	or the applicable cooperative documents, must be made at a duly
1098	noticed meeting of unit owners and is subject to this chapter or
1099	the applicable cooperative documents relating to unit owner
1100	decisionmaking, except that unit owners may take action by
1101	written agreement, without meetings, on matters for which action
1102	by written agreement without meetings is expressly allowed by
1103	the applicable cooperative documents or law which provides for
1104	the unit owner action.
1105	3.  Unit owners may waive notice of specific meetings if
1106	allowed by the applicable cooperative documents or law. If
1107	authorized by the bylaws, notice of meetings of the board of
1108	administration, shareholder meetings, except shareholder
1109	meetings called to recall board members under paragraph (f), and
1110	committee meetings may be given by electronic transmission to
1111	unit owners who consent to receive notice by electronic
1112	transmission.
1113	4.  Unit owners have the right to participate in meetings
1114	of unit owners with reference to all designated agenda items.
1115	However, the association may adopt reasonable rules governing
1116	the frequency, duration, and manner of unit owner participation.
1117	5.  Any unit owner may tape record or videotape meetings of
1118	the unit owners subject to reasonable rules adopted by the
1119	division.
1120	6.  Unless otherwise provided in the bylaws, a vacancy
1121	occurring on the board before the expiration of a term may be
1122	filled by the affirmative vote of the majority of the remaining
1123	directors, even if the remaining directors constitute less than
1124	a quorum, or by the sole remaining director. In the alternative,
1125	a board may hold an election to fill the vacancy, in which case
1126	the election procedures must conform to the requirements of
1127	subparagraph 1. unless the association has opted out of the
1128	statutory election process, in which case the bylaws of the
1129	association control. Unless otherwise provided in the bylaws, a
1130	board member appointed or elected under this subparagraph shall
1131	fill the vacancy for the unexpired term of the seat being
1132	filled. Filling vacancies created by recall is governed by
1133	paragraph (f) and rules adopted by the division.
1134
1135	Notwithstanding subparagraphs (b)2. and (d)1., an association
1136	may, by the affirmative vote of a majority of the total voting
1137	interests, provide for a different voting and election procedure
1138	in its bylaws, which vote may be by a proxy specifically
1139	delineating the different voting and election procedures. The
1140	different voting and election procedures may provide for
1141	elections to be conducted by limited or general proxy.
1142	(f)  Recall of board members.-Subject to the provisions of
1143	s. 719.301, any member of the board of administration may be
1144	recalled and removed from office with or without cause by the
1145	vote or agreement in writing by a majority of all the voting
1146	interests. A special meeting of the voting interests to recall
1147	any member of the board of administration may be called by 10
1148	percent of the unit owners giving notice of the meeting as
1149	required for a meeting of unit owners, and the notice shall
1150	state the purpose of the meeting. Electronic transmission may
1151	not be used as a method of giving notice of a meeting called in
1152	whole or in part for this purpose.
1153	1.  If the recall is approved by a majority of all voting
1154	interests by a vote at a meeting, the recall shall be effective
1155	as provided in this paragraph herein. The board shall duly
1156	notice and hold a board meeting within 5 full business days
1157	after of the adjournment of the unit owner meeting to recall one
1158	or more board members. At the meeting, the board shall either
1159	certify the recall, in which case such member or members shall
1160	be recalled effective immediately and shall turn over to the
1161	board within 5 full business days any and all records and
1162	property of the association in their possession, or shall
1163	proceed as set forth in subparagraph 3.
1164	2.  If the proposed recall is by an agreement in writing by
1165	a majority of all voting interests, the agreement in writing or
1166	a copy thereof shall be served on the association by certified
1167	mail or by personal service in the manner authorized by chapter
1168	48 and the Florida Rules of Civil Procedure. The board of
1169	administration shall duly notice and hold a meeting of the board
1170	within 5 full business days after receipt of the agreement in
1171	writing. At the meeting, the board shall either certify the
1172	written agreement to recall members of the board, in which case
1173	such members shall be recalled effective immediately and shall
1174	turn over to the board, within 5 full business days, any and all
1175	records and property of the association in their possession, or
1176	proceed as described in subparagraph 3.
1177	3.  If the board determines not to certify the written
1178	agreement to recall members of the board, or does not certify
1179	the recall by a vote at a meeting, the board shall, within 5
1180	full business days after the board meeting, file with the
1181	division a petition for binding arbitration pursuant to the
1182	procedures of s. 719.1255. For purposes of this paragraph, the
1183	unit owners who voted at the meeting or who executed the
1184	agreement in writing shall constitute one party under the
1185	petition for arbitration. If the arbitrator certifies the recall
1186	as to any member of the board, the recall shall be effective
1187	upon mailing of the final order of arbitration to the
1188	association. If the association fails to comply with the order
1189	of the arbitrator, the division may take action pursuant to s.
1190	719.501. Any member so recalled shall deliver to the board any
1191	and all records and property of the association in the member's
1192	possession within 5 full business days after of the effective
1193	date of the recall.
1194	4.  If the board fails to duly notice and hold a board
1195	meeting within 5 full business days after of service of an
1196	agreement in writing or within 5 full business days after of the
1197	adjournment of the unit owner recall meeting, the recall shall
1198	be deemed effective and the board members so recalled shall
1199	immediately turn over to the board any and all records and
1200	property of the association.
1201	5.  If the board fails to duly notice and hold the required
1202	meeting or fails to file the required petition, the unit owner
1203	representative may file a petition pursuant to s. 719.1255
1204	challenging the board's failure to act. The petition must be
1205	filed within 60 days after the expiration of the applicable 5-
1206	full-business-day period. The review of a petition under this
1207	subparagraph is limited to the sufficiency of service on the
1208	board and the facial validity of the written agreement or
1209	ballots filed.
1210	6.5.  If a vacancy occurs on the board as a result of a
1211	recall and less than a majority of the board members are
1212	removed, the vacancy may be filled by the affirmative vote of a
1213	majority of the remaining directors, notwithstanding any
1214	provision to the contrary contained in this chapter. If
1215	vacancies occur on the board as a result of a recall and a
1216	majority or more of the board members are removed, the vacancies
1217	shall be filled in accordance with procedural rules to be
1218	adopted by the division, which rules need not be consistent with
1219	this chapter. The rules must provide procedures governing the
1220	conduct of the recall election as well as the operation of the
1221	association during the period after a recall but prior to the
1222	recall election.
1223	7.  A board member who has been recalled may file a
1224	petition pursuant to s. 719.1255 challenging the validity of a
1225	recall. The petition must be filed within 60 days after the
1226	recall is deemed certified. The association and the unit owner
1227	representative shall be named as the respondents.
1228	8.  The division may not accept for filing a recall
1229	petition, whether filed pursuant to subparagraph 1.,
1230	subparagraph 2., subparagraph 5., or subparagraph 7. and
1231	regardless of whether the recall was certified, when there are
1232	60 or fewer days until the scheduled reelection of the board
1233	member sought to be recalled or when 60 or fewer days have not
1234	elapsed since the election of the board member sought to be
1235	recalled.
1236	Section 15.  Paragraph (a) of subsection (3) and subsection
1237	(5) of section 719.303, Florida Statutes, are amended to read:
1238	719.303  Obligations of owners.-
1239	(3)  The association may levy reasonable fines for failure
1240	of the unit owner or the unit's occupant, licensee, or invitee
1241	to comply with any provision of the cooperative documents or
1242	reasonable rules of the association. A fine may not become a
1243	lien against a unit. A fine may be levied on the basis of each
1244	day of a continuing violation, with a single notice and
1245	opportunity for hearing. However, the fine may not exceed $100
1246	per violation, or $1,000 in the aggregate.
1247	(a)  An association may suspend, for a reasonable period of
1248	time, the right of a unit owner, or a unit owner's tenant,
1249	guest, or invitee, to use the common elements, common
1250	facilities, or any other association property for failure to
1251	comply with any provision of the cooperative documents or
1252	reasonable rules of the association. This paragraph does not
1253	apply to limited common elements intended to be used only by
1254	that unit, common elements needed to access the unit, utility
1255	services provided to the unit, parking spaces, or elevators.
1256	(5)  An association may suspend the voting rights of a unit
1257	or member due to nonpayment of any monetary obligation due to
1258	the association which is more than 90 days delinquent.
1259	Notwithstanding an association's cooperative documents, the
1260	requirements to establish a quorum, conduct an election, or
1261	obtain membership approval on actions under this chapter or
1262	pursuant to the association's cooperative documents shall be
1263	reduced by the number of suspended voting interests or consent
1264	rights. A voting interest or consent right allocated to a unit
1265	or member which has been suspended by the association may not be
1266	counted towards the total number of voting interests for any
1267	purpose, including, but not limited to, the number of voting
1268	interests necessary to constitute a quorum, the number of voting
1269	interests required to conduct an election, or the number of
1270	voting interests required to approve an action under this
1271	chapter or pursuant to the cooperative documents, articles of
1272	incorporation, or bylaws. The suspension ends upon full payment
1273	of all obligations currently due or overdue the association. The
1274	notice and hearing requirements under subsection (3) do not
1275	apply to a suspension imposed under this subsection.
1276	Section 16.  Paragraph (c) of subsection (5) and subsection
1277	(10) of section 720.303, Florida Statutes, are amended to read:
1278	720.303  Association powers and duties; meetings of board;
1279	official records; budgets; financial reporting; association
1280	funds; recalls.-
1281	(5)  INSPECTION AND COPYING OF RECORDS.-The official
1282	records shall be maintained within the state and must be open to
1283	inspection and available for photocopying by members or their
1284	authorized agents at reasonable times and places within 10
1285	business days after receipt of a written request for access.
1286	This subsection may be complied with by having a copy of the
1287	official records available for inspection or copying in the
1288	community. If the association has a photocopy machine available
1289	where the records are maintained, it must provide parcel owners
1290	with copies on request during the inspection if the entire
1291	request is limited to no more than 25 pages.
1292	(c)  The association may adopt reasonable written rules
1293	governing the frequency, time, location, notice, records to be
1294	inspected, and manner of inspections, but may not require a
1295	parcel owner to demonstrate any proper purpose for the
1296	inspection, state any reason for the inspection, or limit a
1297	parcel owner's right to inspect records to less than one 8-hour
1298	business day per month. The association may impose fees to cover
1299	the costs of providing copies of the official records,
1300	including, without limitation, the costs of copying. The
1301	association may charge up to 50 cents per page for copies made
1302	on the association's photocopier. If the association does not
1303	have a photocopy machine available where the records are kept,
1304	or if the records requested to be copied exceed 25 pages in
1305	length, the association may have copies made by an outside
1306	vendor or association management company personnel and may
1307	charge the actual cost of copying, including any reasonable
1308	costs involving personnel fees and charges at an hourly rate for
1309	vendor or employee time to cover administrative costs to the
1310	vendor or association. The association shall maintain an
1311	adequate number of copies of the recorded governing documents,
1312	to ensure their availability to members and prospective members.
1313	Notwithstanding this paragraph, the following records are not
1314	accessible to members or parcel owners:
1315	1.  Any record protected by the lawyer-client privilege as
1316	described in s. 90.502 and any record protected by the work-
1317	product privilege, including, but not limited to, a record
1318	prepared by an association attorney or prepared at the
1319	attorney's express direction which reflects a mental impression,
1320	conclusion, litigation strategy, or legal theory of the attorney
1321	or the association and which was prepared exclusively for civil
1322	or criminal litigation or for adversarial administrative
1323	proceedings or which was prepared in anticipation of such
1324	litigation or proceedings until the conclusion of the litigation
1325	or proceedings.
1326	2.  Information obtained by an association in connection
1327	with the approval of the lease, sale, or other transfer of a
1328	parcel.
1329	3.  Personnel records of association or management company
1330	the association's employees, including, but not limited to,
1331	disciplinary, payroll, health, and insurance records. For
1332	purposes of this subparagraph, the term "personnel records" does
1333	not include written employment agreements with an association or
1334	management company employee or budgetary or financial records
1335	that indicate the compensation paid to an association or
1336	management company employee.
1337	4.  Medical records of parcel owners or community
1338	residents.
1339	5.  Social security numbers, driver driver's license
1340	numbers, credit card numbers, electronic mailing addresses,
1341	telephone numbers, facsimile numbers, emergency contact
1342	information, any addresses for a parcel owner other than as
1343	provided for association notice requirements, and other personal
1344	identifying information of any person, excluding the person's
1345	name, parcel designation, mailing address, and property address.
1346	However, an owner may consent in writing to the disclosure of
1347	protected information described in this subparagraph. The
1348	association is not liable for the disclosure of information that
1349	is protected under this subparagraph if the information is
1350	included in an official record of the association and is
1351	voluntarily provided by an owner and not requested by the
1352	association.
1353	6.  Any electronic security measure that is used by the
1354	association to safeguard data, including passwords.
1355	7.  The software and operating system used by the
1356	association which allows the manipulation of data, even if the
1357	owner owns a copy of the same software used by the association.
1358	The data is part of the official records of the association.
1359	(10)  RECALL OF DIRECTORS.-
1360	(a)1.  Regardless of any provision to the contrary
1361	contained in the governing documents, subject to the provisions
1362	of s. 720.307 regarding transition of association control, any
1363	member of the board of directors may be recalled and removed
1364	from office with or without cause by a majority of the total
1365	voting interests.
1366	2.  When the governing documents, including the
1367	declaration, articles of incorporation, or bylaws, provide that
1368	only a specific class of members is entitled to elect a board
1369	director or directors, only that class of members may vote to
1370	recall those board directors so elected.
1371	(b)1.  Board directors may be recalled by an agreement in
1372	writing or by written ballot without a membership meeting. The
1373	agreement in writing or the written ballots, or a copy thereof,
1374	shall be served on the association by certified mail or by
1375	personal service in the manner authorized by chapter 48 and the
1376	Florida Rules of Civil Procedure.
1377	2.  The board shall duly notice and hold a meeting of the
1378	board within 5 full business days after receipt of the agreement
1379	in writing or written ballots. At the meeting, the board shall
1380	either certify the written ballots or written agreement to
1381	recall a director or directors of the board, in which case such
1382	director or directors shall be recalled effective immediately
1383	and shall turn over to the board within 5 full business days any
1384	and all records and property of the association in their
1385	possession, or proceed as described in paragraph (d).
1386	3.  When it is determined by the department pursuant to
1387	binding arbitration proceedings that an initial recall effort
1388	was defective, written recall agreements or written ballots used
1389	in the first recall effort and not found to be defective may be
1390	reused in one subsequent recall effort. However, in no event is
1391	a written agreement or written ballot valid for more than 120
1392	days after it has been signed by the member.
1393	4.  Any rescission or revocation of a member's written
1394	recall ballot or agreement must be in writing and, in order to
1395	be effective, must be delivered to the association before the
1396	association is served with the written recall agreements or
1397	ballots.
1398	5.  The agreement in writing or ballot shall list at least
1399	as many possible replacement directors as there are directors
1400	subject to the recall, when at least a majority of the board is
1401	sought to be recalled; the person executing the recall
1402	instrument may vote for as many replacement candidates as there
1403	are directors subject to the recall.
1404	(c)1.  If the declaration, articles of incorporation, or
1405	bylaws specifically provide, the members may also recall and
1406	remove a board director or directors by a vote taken at a
1407	meeting. If so provided in the governing documents, a special
1408	meeting of the members to recall a director or directors of the
1409	board of administration may be called by 10 percent of the
1410	voting interests giving notice of the meeting as required for a
1411	meeting of members, and the notice shall state the purpose of
1412	the meeting. Electronic transmission may not be used as a method
1413	of giving notice of a meeting called in whole or in part for
1414	this purpose.
1415	2.  The board shall duly notice and hold a board meeting
1416	within 5 full business days after the adjournment of the member
1417	meeting to recall one or more directors. At the meeting, the
1418	board shall certify the recall, in which case such member or
1419	members shall be recalled effective immediately and shall turn
1420	over to the board within 5 full business days any and all
1421	records and property of the association in their possession, or
1422	shall proceed as set forth in subparagraph (d).
1423	(d)  If the board determines not to certify the written
1424	agreement or written ballots to recall a director or directors
1425	of the board or does not certify the recall by a vote at a
1426	meeting, the board shall, within 5 full business days after the
1427	meeting, file with the department a petition for binding
1428	arbitration pursuant to the applicable procedures in ss.
1429	718.112(2)(j) and 718.1255 and the rules adopted thereunder. For
1430	the purposes of this section, the members who voted at the
1431	meeting or who executed the agreement in writing shall
1432	constitute one party under the petition for arbitration. If the
1433	arbitrator certifies the recall as to any director or directors
1434	of the board, the recall will be effective upon mailing of the
1435	final order of arbitration to the association. The director or
1436	directors so recalled shall deliver to the board any and all
1437	records of the association in their possession within 5 full
1438	business days after the effective date of the recall.
1439	(e)  If a vacancy occurs on the board as a result of a
1440	recall and less than a majority of the board directors are
1441	removed, the vacancy may be filled by the affirmative vote of a
1442	majority of the remaining directors, notwithstanding any
1443	provision to the contrary contained in this subsection or in the
1444	association documents. If vacancies occur on the board as a
1445	result of a recall and a majority or more of the board directors
1446	are removed, the vacancies shall be filled by members voting in
1447	favor of the recall; if removal is at a meeting, any vacancies
1448	shall be filled by the members at the meeting. If the recall
1449	occurred by agreement in writing or by written ballot, members
1450	may vote for replacement directors in the same instrument in
1451	accordance with procedural rules adopted by the division, which
1452	rules need not be consistent with this subsection.
1453	(f)  If the board fails to duly notice and hold a board
1454	meeting within 5 full business days after service of an
1455	agreement in writing or within 5 full business days after the
1456	adjournment of the member recall meeting, the recall shall be
1457	deemed effective and the board directors so recalled shall
1458	immediately turn over to the board all records and property of
1459	the association.
1460	(g)  If the board fails to duly notice and hold the
1461	required meeting or fails to file the required petition, the
1462	unit owner representative may file a petition pursuant to s.
1463	718.1255 challenging the board's failure to act. The petition
1464	must be filed within 60 days after the expiration of the
1465	applicable 5-full-business-day period. The review of a petition
1466	under this paragraph is limited to the sufficiency of service on
1467	the board and the facial validity of the written agreement or
1468	ballots filed.
1469	(h)(g)  If a director who is removed fails to relinquish
1470	his or her office or turn over records as required under this
1471	section, the circuit court in the county where the association
1472	maintains its principal office may, upon the petition of the
1473	association, summarily order the director to relinquish his or
1474	her office and turn over all association records upon
1475	application of the association.
1476	(i)(h)  The minutes of the board meeting at which the board
1477	decides whether to certify the recall are an official
1478	association record. The minutes must record the date and time of
1479	the meeting, the decision of the board, and the vote count taken
1480	on each board member subject to the recall. In addition, when
1481	the board decides not to certify the recall, as to each vote
1482	rejected, the minutes must identify the parcel number and the
1483	specific reason for each such rejection.
1484	(j)(i)  When the recall of more than one board director is
1485	sought, the written agreement, ballot, or vote at a meeting
1486	shall provide for a separate vote for each board director sought
1487	to be recalled.
1488	(k)  A board member who has been recalled may file a
1489	petition pursuant to ss. 718.112(2)(j) and 718.1255 and the
1490	rules adopted challenging the validity of the recall. The
1491	petition must be filed within 60 days after the recall is deemed
1492	certified. The association and the unit owner representative
1493	shall be named as respondents.
1494	(l)  The division may not accept for filing a recall
1495	petition, whether filed pursuant to paragraph (b), paragraph
1496	(c), paragraph (g), or paragraph (k) and regardless of whether
1497	the recall was certified, when there are 60 or fewer days until
1498	the scheduled reelection of the board member sought to be
1499	recalled or when 60 or fewer days have not elapsed since the
1500	election of the board member sought to be recalled.
1501	Section 17.  Subsections (2) and (4) of section 720.305,
1502	Florida Statutes, are amended to read:
1503	720.305  Obligations of members; remedies at law or in
1504	equity; levy of fines and suspension of use rights.-
1505	(2)  The association may levy reasonable fines of up to
1506	$100 per violation against any member or any member's tenant,
1507	guest, or invitee for the failure of the owner of the parcel or
1508	its occupant, licensee, or invitee to comply with any provision
1509	of the declaration, the association bylaws, or reasonable rules
1510	of the association. A fine may be levied for each day of a
1511	continuing violation, with a single notice and opportunity for
1512	hearing, except that the fine may not exceed $1,000 in the
1513	aggregate unless otherwise provided in the governing documents.
1514	A fine of less than $1,000 may not become a lien against a
1515	parcel. In any action to recover a fine, the prevailing party is
1516	entitled to reasonable attorney attorney's fees and costs from
1517	the nonprevailing party as determined by the court.
1518	(a)  An association may suspend, for a reasonable period of
1519	time, the right of a member, or a member's tenant, guest, or
1520	invitee, to use common areas and facilities for the failure of
1521	the owner of the parcel or its occupant, licensee, or invitee to
1522	comply with any provision of the declaration, the association
1523	bylaws, or reasonable rules of the association. This paragraph
1524	does not apply to that portion of common areas used to provide
1525	access or utility services to the parcel. A suspension may not
1526	impair the right of an owner or tenant of a parcel to have
1527	vehicular and pedestrian ingress to and egress from the parcel,
1528	including, but not limited to, the right to park.
1529	(b)  A fine or suspension may not be imposed without at
1530	least 14 days' notice to the person sought to be fined or
1531	suspended and an opportunity for a hearing before a committee of
1532	at least three members appointed by the board who are not
1533	officers, directors, or employees of the association, or the
1534	spouse, parent, child, brother, or sister of an officer,
1535	director, or employee. If the committee, by majority vote, does
1536	not approve a proposed fine or suspension, it may not be
1537	imposed. If the association imposes a fine or suspension, the
1538	association must provide written notice of such fine or
1539	suspension by mail or hand delivery to the parcel owner and, if
1540	applicable, to any tenant, licensee, or invitee of the parcel
1541	owner.
1542	(4)  An association may suspend the voting rights of a
1543	parcel or member for the nonpayment of any monetary obligation
1544	due to the association that is more than 90 days delinquent.
1545	Notwithstanding an association's governing documents, the
1546	requirements to establish a quorum, conduct an election, or
1547	obtain membership approval on actions under this chapter or
1548	pursuant to the association's governing documents shall be
1549	reduced by the number of suspended voting interests or consent
1550	rights. A voting interest or consent right allocated to a parcel
1551	or member which has been suspended by the association may not be
1552	counted towards the total number of voting interests for any
1553	purpose, including, but not limited to, the number of voting
1554	interests necessary to constitute a quorum, the number of voting
1555	interests required to conduct an election, or the number of
1556	voting interests required to approve an action under this
1557	chapter or pursuant to the governing documents. The notice and
1558	hearing requirements under subsection (2) do not apply to a
1559	suspension imposed under this subsection. The suspension ends
1560	upon full payment of all obligations currently due or overdue to
1561	the association.
1562	Section 18.  Paragraph (d) is added to subsection (1) of
1563	section 720.306, Florida Statutes, and subsection (9) of that
1564	section is amended, to read:
1565	720.306  Meetings of members; voting and election
1566	procedures; amendments.-
1567	(1)  QUORUM; AMENDMENTS.-
1568	(d)  The Legislature finds that the procurement of
1569	mortgagee consent to amendments that do not affect the rights or
1570	interests of mortgagees is an unreasonable and substantial
1571	logistical and financial burden on the parcel owners and that
1572	there is a compelling state interest in enabling the members of
1573	an association to approve amendments to the association's
1574	governing documents through legal means. Accordingly, and
1575	notwithstanding any provision to the contrary contained in this
1576	paragraph:
1577	1.  As to any mortgage recorded on or after July 1, 2012,
1578	any provision in the association's governing documents that
1579	requires the consent or joinder of some or all mortgagees of
1580	parcels or any other portion of the association's common areas
1581	to amend the association's governing documents or for any other
1582	matter is enforceable only as to amendments to the association's
1583	governing documents that adversely affect the priority of the
1584	mortgagee's lien or the mortgagee's rights to foreclose its lien
1585	or that otherwise materially affect the rights and interests of
1586	the mortgagees.
1587	2.  As to mortgages recorded before July 1, 2012, any
1588	existing provisions in the association's governing documents
1589	requiring mortgagee consent are enforceable.
1590	3.  In securing consent or joinder, the association is
1591	entitled to rely upon the public records to identify the holders
1592	of outstanding mortgages. The association may use the address
1593	provided in the original recorded mortgage document, unless
1594	there is a different address for the holder of the mortgage in a
1595	recorded assignment or modification of the mortgage, which
1596	recorded assignment or modification must reference the official
1597	records book and page on which the original mortgage was
1598	recorded. Once the association has identified the recorded
1599	mortgages of record, the association shall, in writing, request
1600	of each parcel owner whose parcel is encumbered by a mortgage of
1601	record any information the owner has in his or her possession
1602	regarding the name and address of the person to whom mortgage
1603	payments are currently being made. Notice shall be sent to such
1604	person if the address provided in the original recorded mortgage
1605	document is different from the name and address of the mortgagee
1606	or assignee of the mortgage as shown by the public record. The
1607	association is deemed to have complied with this requirement by
1608	making the written request of the parcel owners required under
1609	this subparagraph. Any notices required to be sent to the
1610	mortgagees under this subparagraph shall be sent to all
1611	available addresses provided to the association.
1612	4.  Any notice to the mortgagees required under
1613	subparagraph 3. may be sent by a method that establishes proof
1614	of delivery, and any mortgagee who fails to respond within 60
1615	days after the date of mailing is deemed to have consented to
1616	the amendment.
1617	5.  For those amendments requiring mortgagee consent on or
1618	after July 1, 2012, in the event mortgagee consent is provided
1619	other than by properly recorded joinder, such consent shall be
1620	evidenced by affidavit of the association recorded in the public
1621	records of the county in which the declaration is recorded.
1622	6.  Any amendment adopted without the required consent of a
1623	mortgagee is voidable only by a mortgagee who was entitled to
1624	notice and an opportunity to consent. An action to void an
1625	amendment is subject to the statute of limitations beginning 5
1626	years after the date of discovery as to the amendments described
1627	in subparagraph 1. and 5 years after the date of recordation of
1628	the certificate of amendment for all other amendments. This
1629	subparagraph applies to all mortgages, regardless of the date of
1630	recordation of the mortgage.
1631	(9)(a)  ELECTIONS AND BOARD VACANCIES.-
1632	(a)  Elections of directors must be conducted in accordance
1633	with the procedures set forth in the governing documents of the
1634	association. All members of the association are eligible to
1635	serve on the board of directors, and a member may nominate
1636	himself or herself as a candidate for the board at a meeting
1637	where the election is to be held or, if the election process
1638	allows voting by absentee ballot, in advance of the balloting.
1639	Except as otherwise provided in the governing documents, boards
1640	of directors must be elected by a plurality of the votes cast by
1641	eligible voters. Any challenge to the election process must be
1642	commenced within 60 days after the election results are
1643	announced.
1644	(b)  A person who is delinquent in the payment of any fee,
1645	fine, or other monetary obligation to the association for more
1646	than 90 days is not eligible for board membership. A person who
1647	has been convicted of any felony in this state or in a United
1648	States District or Territorial Court, or has been convicted of
1649	any offense in another jurisdiction which would be considered a
1650	felony if committed in this state, is not eligible for board
1651	membership unless such felon's civil rights have been restored
1652	for at least 5 years as of the date on which such person seeks
1653	election to the board. The validity of any action by the board
1654	is not affected if it is later determined that a member of the
1655	board is ineligible for board membership.
1656	(c)  Any election dispute between a member and an
1657	association must be submitted to mandatory binding arbitration
1658	with the division. Such proceedings must be conducted in the
1659	manner provided by s. 718.1255 and the procedural rules adopted
1660	by the division. Unless otherwise provided in the bylaws, any
1661	vacancy occurring on the board before the expiration of a term
1662	may be filled by an affirmative vote of the majority of the
1663	remaining directors, even if the remaining directors constitute
1664	less than a quorum, or by the sole remaining director. In the
1665	alternative, a board may hold an election to fill the vacancy,
1666	in which case the election procedures must conform to the
1667	requirements of the governing documents. Unless otherwise
1668	provided in the bylaws, a board member appointed or elected
1669	under this section is appointed for the unexpired term of the
1670	seat being filled. Filling vacancies created by recall is
1671	governed by s. 720.303(10) and rules adopted by the division.
1672	(d)  Within 90 days after being elected or appointed to the
1673	board, each new director shall certify in writing to the
1674	secretary of the association that he or she has read the
1675	association's declaration of covenants' conditions and
1676	restrictions, articles of incorporation, bylaws, and current
1677	written policies; that he or she will work to uphold such
1678	documents and policies to the best of his or her ability; and
1679	that he or she will faithfully discharge his or her fiduciary
1680	responsibility to the association's members. Within 90 days
1681	after being elected or appointed to the board, in lieu of this
1682	written certification, the newly elected or appointed director
1683	may submit a certificate of having satisfactorily completed the
1684	educational curriculum administered by a division-approved
1685	education provider within 1 year before or 90 days after the
1686	date of election or appointment. The educational certificate is
1687	valid and does not have to be resubmitted as long as the
1688	director serves on the board without interruption. A director
1689	who fails to timely file the written certification or
1690	educational certificate is suspended from service on the board
1691	until he or she complies with this paragraph. The board may
1692	temporarily fill the vacancy during the period of suspension.
1693	The secretary shall cause the association to retain a director's
1694	written certification or educational certificate for inspection
1695	by the members for 5 years after a director's election or the
1696	duration of the director's tenure, whichever is longer. Failure
1697	to have such written certification or educational certificate on
1698	file does not affect the validity of any board action.
1699	Section 19.  Paragraphs (b) and (d) of subsection (2) of
1700	section 720.3085, Florida Statutes, are amended to read:
1701	720.3085  Payment for assessments; lien claims.-
1702	(2)
1703	(b)  A parcel owner, regardless of how the parcel owner has
1704	acquired title, including, but not limited to, by purchase at a
1705	foreclosure sale, is jointly and severally liable with the
1706	previous parcel owner for all unpaid assessments, late fees,
1707	interest, costs, and reasonable attorney fees incurred by the
1708	association in an attempt to collect all such amounts that came
1709	due up to the time of transfer of title. This liability is
1710	without prejudice to any right the present parcel owner may have
1711	to recover any amounts paid by the present owner from the
1712	previous owner.
1713	(d)  An association, or its successor or assignee, that
1714	acquires title to a parcel through the foreclosure of its lien
1715	for assessments is not liable for any unpaid assessments, late
1716	fees, interest, or reasonable attorney attorney's fees and costs
1717	that came due before the association's acquisition of title in
1718	favor of any other association, as defined in s. 718.103(2) or
1719	s. 720.301(9), which holds a superior lien interest on the
1720	parcel. This paragraph is intended to clarify existing law.
1721	Section 20.  This act shall take effect July 1, 2012.

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