Florida Senate - 2012                                     SB 680
       
       
       
       By Senator Bogdanoff
       
       
       
       
       25-00288B-12                                           2012680__
    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 of
  328  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 petition
  445  pursuant to s. 718.1255 challenging the validity of a recall.
  446  The petition must be filed within 60 days after the recall is
  447  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 which
  688  all phases must be added to the condominium and such time period
  689  may not exceed 10 years after the date of recording the original
  690  declaration of condominium submitting the initial phase to
  691  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 to
  695  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 not
  701  a secondary condominium and contains one or more subdivided
  702  units.
  703         (b) “Primary condominium association” means any entity that
  704  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 ombudsman
  811  must be an attorney admitted to practice before the Florida
  812  Supreme Court and shall serve at the pleasure of the Governor. A
  813  vacancy in the office shall be filled in the same manner as the
  814  original appointment. An officer or full-time employee of the
  815  ombudsman’s office may not actively engage in any other business
  816  or profession that directly or indirectly relates to or
  817  conflicts with his or her work in the ombudsman’s office; serve
  818  as the representative of any political party, executive
  819  committee, or other governing body of a political party; serve
  820  as an executive, officer, or employee of a political party;
  821  receive remuneration for activities on behalf of any candidate
  822  for public office; or engage in soliciting votes or other
  823  activities on behalf of a candidate for public office. The
  824  ombudsman or any employee of his or her office may not become a
  825  candidate for election to public office unless he or she first
  826  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 assignee
  830  or bulk buyer.—A person acquiring condominium parcels may not be
  831  classified as a bulk assignee or bulk buyer unless the
  832  condominium parcels were acquired on or after July 1, 2010, but
  833  before July 1, 2015 2012. The date of such acquisition shall be
  834  determined by the date of recording a deed or other instrument
  835  of conveyance for such parcels in the public records of the
  836  county in which the condominium is located, or by the date of
  837  issuing a certificate of title in a foreclosure proceeding with
  838  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 and
  913  acquisition of property.—
  914         (7) The Legislature finds that the procurement of mortgagee
  915  consent to amendments that do not affect the rights or interests
  916  of mortgagees is an unreasonable and substantial logistical and
  917  financial burden on the unit owners and that there is a
  918  compelling state interest in enabling the members of an
  919  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 a
  968  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 of
 1114  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 petition
 1224  pursuant to s. 719.1255 challenging the validity of a recall.
 1225  The petition must be filed within 60 days after the recall is
 1226  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 records
 1282  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 residents.
 1338         5. Social security numbers, driver driver’s license
 1339  numbers, credit card numbers, electronic mailing addresses,
 1340  telephone numbers, facsimile numbers, emergency contact
 1341  information, any addresses for a parcel owner other than as
 1342  provided for association notice requirements, and other personal
 1343  identifying information of any person, excluding the person’s
 1344  name, parcel designation, mailing address, and property address.
 1345  However, an owner may consent in writing to the disclosure of
 1346  protected information described in this subparagraph. The
 1347  association is not liable for the disclosure of information that
 1348  is protected under this subparagraph if the information is
 1349  included in an official record of the association and is
 1350  voluntarily provided by an owner and not requested by the
 1351  association.
 1352         6. Any electronic security measure that is used by the
 1353  association to safeguard data, including passwords.
 1354         7. The software and operating system used by the
 1355  association which allows the manipulation of data, even if the
 1356  owner owns a copy of the same software used by the association.
 1357  The data is part of the official records of the association.
 1358         (10) RECALL OF DIRECTORS.—
 1359         (a)1. Regardless of any provision to the contrary contained
 1360  in the governing documents, subject to the provisions of s.
 1361  720.307 regarding transition of association control, any member
 1362  of the board of directors may be recalled and removed from
 1363  office with or without cause by a majority of the total voting
 1364  interests.
 1365         2. When the governing documents, including the declaration,
 1366  articles of incorporation, or bylaws, provide that only a
 1367  specific class of members is entitled to elect a board director
 1368  or directors, only that class of members may vote to recall
 1369  those board directors so elected.
 1370         (b)1. Board directors may be recalled by an agreement in
 1371  writing or by written ballot without a membership meeting. The
 1372  agreement in writing or the written ballots, or a copy thereof,
 1373  shall be served on the association by certified mail or by
 1374  personal service in the manner authorized by chapter 48 and the
 1375  Florida Rules of Civil Procedure.
 1376         2. The board shall duly notice and hold a meeting of the
 1377  board within 5 full business days after receipt of the agreement
 1378  in writing or written ballots. At the meeting, the board shall
 1379  either certify the written ballots or written agreement to
 1380  recall a director or directors of the board, in which case such
 1381  director or directors shall be recalled effective immediately
 1382  and shall turn over to the board within 5 full business days any
 1383  and all records and property of the association in their
 1384  possession, or proceed as described in paragraph (d).
 1385         3. When it is determined by the department pursuant to
 1386  binding arbitration proceedings that an initial recall effort
 1387  was defective, written recall agreements or written ballots used
 1388  in the first recall effort and not found to be defective may be
 1389  reused in one subsequent recall effort. However, in no event is
 1390  a written agreement or written ballot valid for more than 120
 1391  days after it has been signed by the member.
 1392         4. Any rescission or revocation of a member’s written
 1393  recall ballot or agreement must be in writing and, in order to
 1394  be effective, must be delivered to the association before the
 1395  association is served with the written recall agreements or
 1396  ballots.
 1397         5. The agreement in writing or ballot shall list at least
 1398  as many possible replacement directors as there are directors
 1399  subject to the recall, when at least a majority of the board is
 1400  sought to be recalled; the person executing the recall
 1401  instrument may vote for as many replacement candidates as there
 1402  are directors subject to the recall.
 1403         (c)1. If the declaration, articles of incorporation, or
 1404  bylaws specifically provide, the members may also recall and
 1405  remove a board director or directors by a vote taken at a
 1406  meeting. If so provided in the governing documents, a special
 1407  meeting of the members to recall a director or directors of the
 1408  board of administration may be called by 10 percent of the
 1409  voting interests giving notice of the meeting as required for a
 1410  meeting of members, and the notice shall state the purpose of
 1411  the meeting. Electronic transmission may not be used as a method
 1412  of giving notice of a meeting called in whole or in part for
 1413  this purpose.
 1414         2. The board shall duly notice and hold a board meeting
 1415  within 5 full business days after the adjournment of the member
 1416  meeting to recall one or more directors. At the meeting, the
 1417  board shall certify the recall, in which case such member or
 1418  members shall be recalled effective immediately and shall turn
 1419  over to the board within 5 full business days any and all
 1420  records and property of the association in their possession, or
 1421  shall proceed as set forth in subparagraph (d).
 1422         (d) If the board determines not to certify the written
 1423  agreement or written ballots to recall a director or directors
 1424  of the board or does not certify the recall by a vote at a
 1425  meeting, the board shall, within 5 full business days after the
 1426  meeting, file with the department a petition for binding
 1427  arbitration pursuant to the applicable procedures in ss.
 1428  718.112(2)(j) and 718.1255 and the rules adopted thereunder. For
 1429  the purposes of this section, the members who voted at the
 1430  meeting or who executed the agreement in writing shall
 1431  constitute one party under the petition for arbitration. If the
 1432  arbitrator certifies the recall as to any director or directors
 1433  of the board, the recall will be effective upon mailing of the
 1434  final order of arbitration to the association. The director or
 1435  directors so recalled shall deliver to the board any and all
 1436  records of the association in their possession within 5 full
 1437  business days after the effective date of the recall.
 1438         (e) If a vacancy occurs on the board as a result of a
 1439  recall and less than a majority of the board directors are
 1440  removed, the vacancy may be filled by the affirmative vote of a
 1441  majority of the remaining directors, notwithstanding any
 1442  provision to the contrary contained in this subsection or in the
 1443  association documents. If vacancies occur on the board as a
 1444  result of a recall and a majority or more of the board directors
 1445  are removed, the vacancies shall be filled by members voting in
 1446  favor of the recall; if removal is at a meeting, any vacancies
 1447  shall be filled by the members at the meeting. If the recall
 1448  occurred by agreement in writing or by written ballot, members
 1449  may vote for replacement directors in the same instrument in
 1450  accordance with procedural rules adopted by the division, which
 1451  rules need not be consistent with this subsection.
 1452         (f) If the board fails to duly notice and hold a board
 1453  meeting within 5 full business days after service of an
 1454  agreement in writing or within 5 full business days after the
 1455  adjournment of the member recall meeting, the recall shall be
 1456  deemed effective and the board directors so recalled shall
 1457  immediately turn over to the board all records and property of
 1458  the association.
 1459         (g) If the board fails to duly notice and hold the required
 1460  meeting or fails to file the required petition, the unit owner
 1461  representative may file a petition pursuant to s. 718.1255
 1462  challenging the board’s failure to act. The petition must be
 1463  filed within 60 days after the expiration of the applicable 5
 1464  full-business-day period. The review of a petition under this
 1465  paragraph is limited to the sufficiency of service on the board
 1466  and the facial validity of the written agreement or ballots
 1467  filed.
 1468         (h)(g) If a director who is removed fails to relinquish his
 1469  or her office or turn over records as required under this
 1470  section, the circuit court in the county where the association
 1471  maintains its principal office may, upon the petition of the
 1472  association, summarily order the director to relinquish his or
 1473  her office and turn over all association records upon
 1474  application of the association.
 1475         (i)(h) The minutes of the board meeting at which the board
 1476  decides whether to certify the recall are an official
 1477  association record. The minutes must record the date and time of
 1478  the meeting, the decision of the board, and the vote count taken
 1479  on each board member subject to the recall. In addition, when
 1480  the board decides not to certify the recall, as to each vote
 1481  rejected, the minutes must identify the parcel number and the
 1482  specific reason for each such rejection.
 1483         (j)(i) When the recall of more than one board director is
 1484  sought, the written agreement, ballot, or vote at a meeting
 1485  shall provide for a separate vote for each board director sought
 1486  to be recalled.
 1487         (k) A board member who has been recalled may file a
 1488  petition pursuant to ss. 718.112(2)(j) and 718.1255 and the
 1489  rules adopted challenging the validity of the recall. The
 1490  petition must be filed within 60 days after the recall is deemed
 1491  certified. The association and the unit owner representative
 1492  shall be named as respondents.
 1493         (l) The division may not accept for filing a recall
 1494  petition, whether filed pursuant to paragraph (b), paragraph
 1495  (c), paragraph (g), or paragraph (k) and regardless of whether
 1496  the recall was certified, when there are 60 or fewer days until
 1497  the scheduled reelection of the board member sought to be
 1498  recalled or when 60 or fewer days have not elapsed since the
 1499  election of the board member sought to be recalled.
 1500         Section 17. Subsections (2) and (4) of section 720.305,
 1501  Florida Statutes, are amended to read:
 1502         720.305 Obligations of members; remedies at law or in
 1503  equity; levy of fines and suspension of use rights.—
 1504         (2) The association may levy reasonable fines of up to $100
 1505  per violation against any member or any member’s tenant, guest,
 1506  or invitee for the failure of the owner of the parcel or its
 1507  occupant, licensee, or invitee to comply with any provision of
 1508  the declaration, the association bylaws, or reasonable rules of
 1509  the association. A fine may be levied for each day of a
 1510  continuing violation, with a single notice and opportunity for
 1511  hearing, except that the fine may not exceed $1,000 in the
 1512  aggregate unless otherwise provided in the governing documents.
 1513  A fine of less than $1,000 may not become a lien against a
 1514  parcel. In any action to recover a fine, the prevailing party is
 1515  entitled to reasonable attorney attorney’s fees and costs from
 1516  the nonprevailing party as determined by the court.
 1517         (a) An association may suspend, for a reasonable period of
 1518  time, the right of a member, or a member’s tenant, guest, or
 1519  invitee, to use common areas and facilities for the failure of
 1520  the owner of the parcel or its occupant, licensee, or invitee to
 1521  comply with any provision of the declaration, the association
 1522  bylaws, or reasonable rules of the association. This paragraph
 1523  does not apply to that portion of common areas used to provide
 1524  access or utility services to the parcel. A suspension may not
 1525  impair the right of an owner or tenant of a parcel to have
 1526  vehicular and pedestrian ingress to and egress from the parcel,
 1527  including, but not limited to, the right to park.
 1528         (b) A fine or suspension may not be imposed without at
 1529  least 14 days’ notice to the person sought to be fined or
 1530  suspended and an opportunity for a hearing before a committee of
 1531  at least three members appointed by the board who are not
 1532  officers, directors, or employees of the association, or the
 1533  spouse, parent, child, brother, or sister of an officer,
 1534  director, or employee. If the committee, by majority vote, does
 1535  not approve a proposed fine or suspension, it may not be
 1536  imposed. If the association imposes a fine or suspension, the
 1537  association must provide written notice of such fine or
 1538  suspension by mail or hand delivery to the parcel owner and, if
 1539  applicable, to any tenant, licensee, or invitee of the parcel
 1540  owner.
 1541         (4) An association may suspend the voting rights of a
 1542  parcel or member for the nonpayment of any monetary obligation
 1543  due to the association that is more than 90 days delinquent.
 1544  Notwithstanding an association’s governing documents, the
 1545  requirements to establish a quorum, conduct an election, or
 1546  obtain membership approval on actions under this chapter or
 1547  pursuant to the association’s governing documents shall be
 1548  reduced by the number of suspended voting interests or consent
 1549  rights. A voting interest or consent right allocated to a parcel
 1550  or member which has been suspended by the association may not be
 1551  counted towards the total number of voting interests for any
 1552  purpose, including, but not limited to, the number of voting
 1553  interests necessary to constitute a quorum, the number of voting
 1554  interests required to conduct an election, or the number of
 1555  voting interests required to approve an action under this
 1556  chapter or pursuant to the governing documents. The notice and
 1557  hearing requirements under subsection (2) do not apply to a
 1558  suspension imposed under this subsection. The suspension ends
 1559  upon full payment of all obligations currently due or overdue to
 1560  the association.
 1561         Section 18. Paragraph (d) is added to subsection (1) of
 1562  section 720.306, Florida Statutes, and subsection (9) of that
 1563  section is amended, to read:
 1564         720.306 Meetings of members; voting and election
 1565  procedures; amendments.—
 1566         (1) QUORUM; AMENDMENTS.—
 1567         (d) The Legislature finds that the procurement of mortgagee
 1568  consent to amendments that do not affect the rights or interests
 1569  of mortgagees is an unreasonable and substantial logistical and
 1570  financial burden on the parcel owners and that there is a
 1571  compelling state interest in enabling the members of an
 1572  association to approve amendments to the association’s governing
 1573  documents through legal means. Accordingly, and notwithstanding
 1574  any provision to the contrary contained in this paragraph:
 1575         1. As to any mortgage recorded on or after July 1, 2012,
 1576  any provision in the association’s governing documents that
 1577  requires the consent or joinder of some or all mortgagees of
 1578  parcels or any other portion of the association’s common areas
 1579  to amend the association’s governing documents or for any other
 1580  matter is enforceable only as to amendments to the association’s
 1581  governing documents that adversely affect the priority of the
 1582  mortgagee’s lien or the mortgagee’s rights to foreclose its lien
 1583  or that otherwise materially affect the rights and interests of
 1584  the mortgagees.
 1585         2. As to mortgages recorded before July 1, 2012, any
 1586  existing provisions in the association’s governing documents
 1587  requiring mortgagee consent are enforceable.
 1588         3. In securing consent or joinder, the association is
 1589  entitled to rely upon the public records to identify the holders
 1590  of outstanding mortgages. The association may use the address
 1591  provided in the original recorded mortgage document, unless
 1592  there is a different address for the holder of the mortgage in a
 1593  recorded assignment or modification of the mortgage, which
 1594  recorded assignment or modification must reference the official
 1595  records book and page on which the original mortgage was
 1596  recorded. Once the association has identified the recorded
 1597  mortgages of record, the association shall, in writing, request
 1598  of each parcel owner whose parcel is encumbered by a mortgage of
 1599  record any information the owner has in his or her possession
 1600  regarding the name and address of the person to whom mortgage
 1601  payments are currently being made. Notice shall be sent to such
 1602  person if the address provided in the original recorded mortgage
 1603  document is different from the name and address of the mortgagee
 1604  or assignee of the mortgage as shown by the public record. The
 1605  association is deemed to have complied with this requirement by
 1606  making the written request of the parcel owners required under
 1607  this subparagraph. Any notices required to be sent to the
 1608  mortgagees under this subparagraph shall be sent to all
 1609  available addresses provided to the association.
 1610         4. Any notice to the mortgagees required under subparagraph
 1611  3. may be sent by a method that establishes proof of delivery,
 1612  and any mortgagee who fails to respond within 60 days after the
 1613  date of mailing is deemed to have consented to the amendment.
 1614         5. For those amendments requiring mortgagee consent on or
 1615  after July 1, 2012, in the event mortgagee consent is provided
 1616  other than by properly recorded joinder, such consent shall be
 1617  evidenced by affidavit of the association recorded in the public
 1618  records of the county in which the declaration is recorded.
 1619         6. Any amendment adopted without the required consent of a
 1620  mortgagee is voidable only by a mortgagee who was entitled to
 1621  notice and an opportunity to consent. An action to void an
 1622  amendment is subject to the statute of limitations beginning 5
 1623  years after the date of discovery as to the amendments described
 1624  in subparagraph 1. and 5 years after the date of recordation of
 1625  the certificate of amendment for all other amendments. This
 1626  subparagraph applies to all mortgages, regardless of the date of
 1627  recordation of the mortgage.
 1628         (9)(a) ELECTIONS AND BOARD VACANCIES.—
 1629         (a) Elections of directors must be conducted in accordance
 1630  with the procedures set forth in the governing documents of the
 1631  association. All members of the association are eligible to
 1632  serve on the board of directors, and a member may nominate
 1633  himself or herself as a candidate for the board at a meeting
 1634  where the election is to be held or, if the election process
 1635  allows voting by absentee ballot, in advance of the balloting.
 1636  Except as otherwise provided in the governing documents, boards
 1637  of directors must be elected by a plurality of the votes cast by
 1638  eligible voters. Any challenge to the election process must be
 1639  commenced within 60 days after the election results are
 1640  announced.
 1641         (b) A person who is delinquent in the payment of any fee,
 1642  fine, or other monetary obligation to the association for more
 1643  than 90 days is not eligible for board membership. A person who
 1644  has been convicted of any felony in this state or in a United
 1645  States District or Territorial Court, or has been convicted of
 1646  any offense in another jurisdiction which would be considered a
 1647  felony if committed in this state, is not eligible for board
 1648  membership unless such felon’s civil rights have been restored
 1649  for at least 5 years as of the date on which such person seeks
 1650  election to the board. The validity of any action by the board
 1651  is not affected if it is later determined that a member of the
 1652  board is ineligible for board membership.
 1653         (c) Any election dispute between a member and an
 1654  association must be submitted to mandatory binding arbitration
 1655  with the division. Such proceedings must be conducted in the
 1656  manner provided by s. 718.1255 and the procedural rules adopted
 1657  by the division. Unless otherwise provided in the bylaws, any
 1658  vacancy occurring on the board before the expiration of a term
 1659  may be filled by an affirmative vote of the majority of the
 1660  remaining directors, even if the remaining directors constitute
 1661  less than a quorum, or by the sole remaining director. In the
 1662  alternative, a board may hold an election to fill the vacancy,
 1663  in which case the election procedures must conform to the
 1664  requirements of the governing documents. Unless otherwise
 1665  provided in the bylaws, a board member appointed or elected
 1666  under this section is appointed for the unexpired term of the
 1667  seat being filled. Filling vacancies created by recall is
 1668  governed by s. 720.303(10) and rules adopted by the division.
 1669         (d) Within 90 days after being elected or appointed to the
 1670  board, each new director shall certify in writing to the
 1671  secretary of the association that he or she has read the
 1672  association’s declaration of covenants’ conditions and
 1673  restrictions, articles of incorporation, bylaws, and current
 1674  written policies; that he or she will work to uphold such
 1675  documents and policies to the best of his or her ability; and
 1676  that he or she will faithfully discharge his or her fiduciary
 1677  responsibility to the association’s members. Within 90 days
 1678  after being elected or appointed to the board, in lieu of this
 1679  written certification, the newly elected or appointed director
 1680  may submit a certificate of having satisfactorily completed the
 1681  educational curriculum administered by a division-approved
 1682  education provider within 1 year before or 90 days after the
 1683  date of election or appointment. The educational certificate is
 1684  valid and does not have to be resubmitted as long as the
 1685  director serves on the board without interruption. A director
 1686  who fails to timely file the written certification or
 1687  educational certificate is suspended from service on the board
 1688  until he or she complies with this paragraph. The board may
 1689  temporarily fill the vacancy during the period of suspension.
 1690  The secretary shall cause the association to retain a director’s
 1691  written certification or educational certificate for inspection
 1692  by the members for 5 years after a director’s election or the
 1693  duration of the director’s tenure, whichever is longer. Failure
 1694  to have such written certification or educational certificate on
 1695  file does not affect the validity of any board action.
 1696         Section 19. Paragraphs (b) and (d) of subsection (2) of
 1697  section 720.3085, Florida Statutes, are amended to read:
 1698         720.3085 Payment for assessments; lien claims.—
 1699         (2)
 1700         (b) A parcel owner, regardless of how the parcel owner has
 1701  acquired title, including, but not limited to, by purchase at a
 1702  foreclosure sale, is jointly and severally liable with the
 1703  previous parcel owner for all unpaid assessments, late fees,
 1704  interest, costs, and reasonable attorney fees incurred by the
 1705  association in an attempt to collect all such amounts that came
 1706  due up to the time of transfer of title. This liability is
 1707  without prejudice to any right the present parcel owner may have
 1708  to recover any amounts paid by the present owner from the
 1709  previous owner.
 1710         (d) An association, or its successor or assignee, that
 1711  acquires title to a parcel through the foreclosure of its lien
 1712  for assessments is not liable for any unpaid assessments, late
 1713  fees, interest, or reasonable attorney attorney’s fees and costs
 1714  that came due before the association’s acquisition of title in
 1715  favor of any other association, as defined in s. 718.103(2) or
 1716  s. 720.301(9), which holds a superior lien interest on the
 1717  parcel. This paragraph is intended to clarify existing law.
 1718         Section 20. This act shall take effect July 1, 2012.