Florida Senate - 2013 COMMITTEE AMENDMENT
Bill No. CS for SB 580
Barcode 278732
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/09/2013 .
.
.
.
—————————————————————————————————————————————————————————————————
—————————————————————————————————————————————————————————————————
The Committee on Community Affairs (Stargel) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (b) of subsection (2) of section
6 468.436, Florida Statutes, is amended to read:
7 468.436 Disciplinary proceedings.—
8 (2) The following acts constitute grounds for which the
9 disciplinary actions in subsection (4) may be taken:
10 (b)1. Violation of any provision of this part.
11 2. Violation of any lawful order or rule rendered or
12 adopted by the department or the council.
13 3. Being convicted of or pleading nolo contendere to a
14 felony in any court in the United States.
15 4. Obtaining a license or certification or any other order,
16 ruling, or authorization by means of fraud, misrepresentation,
17 or concealment of material facts.
18 5. Committing acts of gross misconduct or gross negligence
19 in connection with the profession.
20 6. Contracting, on behalf of an association, with any
21 entity in which the licensee has a financial interest that is
22 not disclosed.
23 7. Failing to report to the division as required in s.
24 720.303(13).
25 8. Violating any provision of chapters 718, 719, or 720
26 during the course of performing community association management
27 services pursuant to a contract with a community association.
28 Section 2. Subsection (5) and paragraph (d) of subsection
29 (6) of section 720.303, Florida Statutes, are amended, and
30 subsection (13) is added to that section, to read:
31 720.303 Association powers and duties; meetings of board;
32 official records; budgets; financial reporting; association
33 funds; recalls.—
34 (5) INSPECTION AND COPYING OF RECORDS.—The official records
35 shall be maintained within the state for at least 7 years and
36 shall be made available to a parcel owner for inspection or
37 photocopying within 45 miles of the community or within the
38 county in which the association is located within 10 business
39 days after receipt by the board or its designee of a written
40 request must be open to inspection and available for
41 photocopying by members or their authorized agents at reasonable
42 times and places within 10 business days after receipt of a
43 written request for access. This subsection may be complied with
44 by having a copy of the official records available for
45 inspection or copying in the community or, at the option of the
46 association, by making the records available to a parcel owner
47 electronically via the Internet or by allowing the records to be
48 viewed in electronic format on a computer screen and printed
49 upon request. If the association has a photocopy machine
50 available where the records are maintained, it must provide
51 parcel owners with copies on request during the inspection if
52 the entire request is limited to no more than 25 pages. An
53 association shall allow a member or his or her authorized
54 representative to use a portable device, including a smartphone,
55 tablet, portable scanner, or any other technology capable of
56 scanning or taking photographs, to make an electronic copy of
57 the official records in lieu of providing the member or his or
58 her authorized representative with a copy of such records. The
59 association may not charge a fee to a member or his or her
60 authorized representative for such use of a portable device.
61 (a) The failure of an association to provide access to the
62 records within 10 business days after receipt of a written
63 request submitted by certified mail, return receipt requested,
64 creates a rebuttable presumption that the association willfully
65 failed to comply with this subsection.
66 (b) A member who is denied access to official records is
67 entitled to the actual damages or minimum damages for the
68 association’s willful failure to comply with this subsection.
69 The minimum damages are to be $50 per calendar day up to 10
70 days, the calculation to begin on the 11th business day after
71 receipt of the written request.
72 (c) The association may adopt reasonable written rules
73 governing the frequency, time, location, notice, records to be
74 inspected, and manner of inspections, but may not require a
75 parcel owner to demonstrate any proper purpose for the
76 inspection, state any reason for the inspection, or limit a
77 parcel owner’s right to inspect records to less than one 8-hour
78 business day per month. The association may impose fees to cover
79 the costs of providing copies of the official records,
80 including, without limitation, the costs of copying and the
81 costs required for personnel to retrieve and copy the records if
82 the time spent retrieving and copying the records exceeds one
83 half hour and if the personnel costs do not exceed $20 per hour.
84 No personnel costs may be charged for records requests that
85 result in 25 or fewer pages. The association may charge up to 25
86 50 cents per page for copies made on the association’s
87 photocopier. If the association does not have a photocopy
88 machine available where the records are kept, or if the records
89 requested to be copied exceed 25 pages in length, the
90 association may have copies made by an outside duplicating
91 service vendor or association management company personnel and
92 may charge the actual cost of copying, as supported by the
93 vendor invoice including any reasonable costs involving
94 personnel fees and charges at an hourly rate for vendor or
95 employee time to cover administrative costs to the vendor or
96 association. The association shall maintain an adequate number
97 of copies of the recorded governing documents, to ensure their
98 availability to members and prospective members. Notwithstanding
99 this paragraph, the following records are not accessible to
100 members or parcel owners:
101 1. Any record protected by the lawyer-client privilege as
102 described in s. 90.502 and any record protected by the work
103 product privilege, including, but not limited to, a record
104 prepared by an association attorney or prepared at the
105 attorney’s express direction which reflects a mental impression,
106 conclusion, litigation strategy, or legal theory of the attorney
107 or the association and which was prepared exclusively for civil
108 or criminal litigation or for adversarial administrative
109 proceedings or which was prepared in anticipation of such
110 litigation or proceedings until the conclusion of the litigation
111 or proceedings.
112 2. Information obtained by an association in connection
113 with the approval of the lease, sale, or other transfer of a
114 parcel.
115 3. Personnel records of the association’s employees,
116 including, but not limited to, disciplinary, payroll, health,
117 and insurance records. For purposes of this subparagraph, the
118 term “personnel records” does not include written employment
119 agreements with an association employee or budgetary or
120 financial records that indicate the compensation paid to an
121 association employee.
122 4. Medical records of parcel owners or community residents.
123 5. Social security numbers, driver’s license numbers,
124 credit card numbers, electronic mailing addresses, telephone
125 numbers, facsimile numbers, emergency contact information, any
126 addresses for a parcel owner other than as provided for
127 association notice requirements, and other personal identifying
128 information of any person, excluding the person’s name, parcel
129 designation, mailing address, and property address. However, an
130 owner may consent in writing to the disclosure of protected
131 information described in this subparagraph. The association is
132 not liable for the disclosure of information that is protected
133 under this subparagraph if the information is included in an
134 official record of the association and is voluntarily provided
135 by an owner and not requested by the association.
136 6. Any electronic security measure that is used by the
137 association to safeguard data, including passwords.
138 7. The software and operating system used by the
139 association which allows the manipulation of data, even if the
140 owner owns a copy of the same software used by the association.
141 The data is part of the official records of the association.
142 (d) The association or its authorized agent is not required
143 to provide a prospective purchaser or lienholder with
144 information about the residential subdivision or the association
145 other than information or documents required by this chapter to
146 be made available or disclosed. The association or its
147 authorized agent may charge a reasonable fee to the prospective
148 purchaser or lienholder or the current parcel owner or member
149 for providing good faith responses to requests for information
150 by or on behalf of a prospective purchaser or lienholder, other
151 than that required by law, if the fee does not exceed $150 plus
152 the reasonable cost of photocopying and any attorney’s fees
153 incurred by the association in connection with the response.
154 (6) BUDGETS.—
155 (d) An association is deemed to have provided for reserve
156 accounts if reserve accounts have been initially established by
157 the developer or if the membership of the association
158 affirmatively elects to provide for reserves. If reserve
159 accounts are established by the developer, the budget must
160 designate the components for which the reserve accounts may be
161 used. If reserve accounts are not initially provided by the
162 developer, the membership of the association may elect to do so
163 upon the affirmative approval of a majority of the total voting
164 interests of the association. Such approval may be obtained by
165 vote of the members at a duly called meeting of the membership
166 or by the written consent of a majority of the total voting
167 interests of the association. The approval action of the
168 membership must state that reserve accounts shall be provided
169 for in the budget and must designate the components for which
170 the reserve accounts are to be established. Upon approval by the
171 membership, the board of directors shall include the required
172 reserve accounts in the budget in the next fiscal year following
173 the approval and each year thereafter. Once established as
174 provided in this subsection, the reserve accounts must be funded
175 or maintained or have their funding waived in the manner
176 provided in paragraph (f).
177 (13) REPORTING REQUIREMENT.—The community association
178 manager, or the association when there is no community
179 association manager, shall report to the division by November
180 22, 2013, and annually thereafter, in a manner and form
181 prescribed by the division.
182 (a) The report shall include the association’s:
183 1. Legal name.
184 2. Federal employer identification number.
185 3. Mailing and physical addresses.
186 4. Total number of parcels.
187 5. Total amount of revenues and expenses from the
188 association’s annual budget.
189 (b) For associations in which control of the association
190 has not been transitioned to nondeveloper members, as set forth
191 in s. 720.307, the report shall also include the developer’s:
192 1. Legal name.
193 2. Mailing address.
194 3. Total number of parcels owned on the date of reporting.
195 (c) By October 1, 2013, the department shall establish and
196 implement a registration system through an Internet website that
197 provides for the reporting requirements of paragraphs (a) and
198 (b).
199 (d) On or before December 1, 2013, and annually thereafter
200 by December 1, the department shall submit a report to the
201 Governor, the President of the Senate, and the Speaker of the
202 House of Representatives providing the homeowner association
203 data reported pursuant to this subsection.
204 (e) The department may adopt rules pursuant to ss.
205 120.536(1) and 120.54 to implement the provisions of this
206 subsection.
207 (f) This subsection shall expire on July 1, 2016, unless
208 reenacted by the Legislature.
209 Section 3. Section 720.3033, Florida Statutes, is created
210 to read:
211 720.3033 Officers and directors.—
212 (1)(a) Within 90 days after being elected or appointed to
213 the board, each director shall certify in writing to the
214 secretary of the association that he or she has read the
215 association’s declaration of covenants, articles of
216 incorporation, bylaws, and current written rules and policies;
217 that he or she will work to uphold such documents and policies
218 to the best of his or her ability; and that he or she will
219 faithfully discharge his or her fiduciary responsibility to the
220 association’s members. Within 90 days after being elected or
221 appointed to the board, in lieu of this written certification,
222 the newly elected or appointed director may submit a certificate
223 of having satisfactorily completed the educational curriculum
224 administered by a division-approved education provider within 1
225 year before or 90 days after the date of election or
226 appointment.
227 (b) The written certification or educational certificate is
228 valid for the uninterrupted tenure of the director on the board.
229 A director who does not timely file the written certification or
230 educational certificate shall be suspended from the board until
231 he or she complies with the requirement. The board may
232 temporarily fill the vacancy during the period of suspension.
233 (c) The association shall retain each director’s written
234 certification or educational certificate for inspection by the
235 members for 5 years after the director’s election. However, the
236 failure to have the written certification or educational
237 certificate on file does not affect the validity of any board
238 action.
239 (2) If the association enters into a contract or other
240 transaction with any of its directors or a corporation, firm,
241 association, or other entity in which an association director is
242 also a director or officer or is financially interested, the
243 board must:
244 (a) Comply with the requirements of s. 617.0832.
245 (b) Enter the disclosures required by s. 617.0832 into the
246 written minutes of the meeting.
247 (c) Approve the contract or other transaction by an
248 affirmative vote of two-thirds of the directors present.
249 (d) At the next regular or special meeting of the members,
250 disclose the existence of the contract or other transaction to
251 the members. Upon motion of any member, the contract or
252 transaction shall be brought up for a vote and may be canceled
253 by a majority vote of the members present. If the members cancel
254 the contract, the association is only liable for the reasonable
255 value of goods and services provided up to the time of
256 cancellation and is not liable for any termination fee,
257 liquidated damages, or other penalty for such cancellation.
258 (3) An officer, director, or manager may not solicit, offer
259 to accept, or accept any good or service of value for which
260 consideration has not been provided for his or her benefit or
261 for the benefit of a member of his or her immediate family from
262 any person providing or proposing to provide goods or services
263 to the association. If the board finds that an officer or
264 director has violated this subsection, the board shall
265 immediately remove from office the officer or director. The
266 vacancy shall be filled according to law until the end of the
267 period of the end of the director’s term of office. However, an
268 officer, director, or manager may accept food to be consumed at
269 a business meeting with a value of less than $25 per individual
270 or a service or good received in connection with trade fairs or
271 education programs.
272 (4) A director or officer charged by information or
273 indictment with a felony theft or embezzlement offense involving
274 the association’s funds or property is removed from office. The
275 board shall immediately remove such director or officer from
276 office and shall fill the vacancy according to general law until
277 the end of the period of the suspension or the end of the
278 director’s term of office, whichever occurs first. However, if
279 the charges are resolved without a finding of guilt or without
280 acceptance of a plea of guilty or nolo contendere, the director
281 or officer shall be reinstated for any remainder of his or her
282 term of office. A member who has such criminal charges pending
283 may not be appointed or elected to a position as a director or
284 officer.
285 (5) All associations shall maintain insurance or a fidelity
286 bond for all persons who control or disburse funds of the
287 association. The insurance policy or fidelity bond must cover
288 the maximum funds that will be in the custody of the association
289 or its management agent at any one time. As used in this
290 subsection, the term “persons who control or disburse funds of
291 the association” includes, but is not limited to, persons
292 authorized to sign checks on behalf of the association, and the
293 president, secretary, and treasurer of the association. The
294 association shall bear the cost of any insurance or bond.
295 Section 4. Paragraph (d) is added to subsection (1) and
296 paragraph (a) of subsection (9) of section 720.306, Florida
297 Statutes, are amended to read:
298 720.306 Meetings of members; voting and election
299 procedures; amendments.—
300 (1) QUORUM; AMENDMENTS.—
301 (d) The Legislature finds that the procurement of mortgagee
302 consent to amendments that do not affect the rights or interests
303 of mortgagees is an unreasonable and substantial logistical and
304 financial burden on the parcel owners and that there is a
305 compelling state interest in enabling the members of an
306 association to approve amendments to the association’s governing
307 documents through legal means. Accordingly, and notwithstanding
308 any provision of this paragraph to the contrary:
309 1. As to any mortgage recorded on or after July 1, 2013,
310 any provision in the association’s governing documents that
311 requires the consent or joinder of some or all mortgagees of
312 parcels or any other portion of the association’s common areas
313 to amend the association’s governing documents or for any other
314 matter is enforceable only as to amendments to the association’s
315 governing documents that adversely affect the priority of the
316 mortgagee’s lien or the mortgagee’s rights to foreclose its lien
317 or that otherwise materially affect the rights and interests of
318 the mortgagees.
319 2. As to mortgages recorded before July 1, 2013, any
320 existing provisions in the association’s governing documents
321 requiring mortgagee consent are enforceable.
322 3. In securing consent or joinder, the association is
323 entitled to rely upon the public records to identify the holders
324 of outstanding mortgages. The association may use the address
325 provided in the original recorded mortgage document, unless
326 there is a different address for the holder of the mortgage in a
327 recorded assignment or modification of the mortgage, which
328 recorded assignment or modification must reference the official
329 records book and page on which the original mortgage was
330 recorded. Once the association has identified the recorded
331 mortgages of record, the association shall, in writing, request
332 of each parcel owner whose parcel is encumbered by a mortgage of
333 record any information that the owner has in his or her
334 possession regarding the name and address of the person to whom
335 mortgage payments are currently being made. Notice shall be sent
336 to such person if the address provided in the original recorded
337 mortgage document is different from the name and address of the
338 mortgagee or assignee of the mortgage as shown by the public
339 record. The association is deemed to have complied with this
340 requirement by making the written request of the parcel owners
341 required under this subparagraph. Any notices required to be
342 sent to the mortgagees under this subparagraph shall be sent to
343 all available addresses provided to the association.
344 4. Any notice to the mortgagees required under subparagraph
345 3. may be sent by a method that establishes proof of delivery,
346 and any mortgagee who fails to respond within 60 days after the
347 date of mailing is deemed to have consented to the amendment.
348 5. For those amendments requiring mortgagee consent on or
349 after July 1, 2013, in the event mortgagee consent is provided
350 other than by properly recorded joinder, such consent shall be
351 evidenced by affidavit of the association recorded in the public
352 records of the county in which the declaration is recorded.
353 6. Any amendment adopted without the required consent of a
354 mortgagee is voidable only by a mortgagee who was entitled to
355 notice and an opportunity to consent. An action to void an
356 amendment is subject to the statute of limitations beginning 5
357 years after the date of discovery as to the amendments described
358 in subparagraph 1. and 5 years after the date of recordation of
359 the certificate of amendment for all other amendments. This
360 subparagraph applies to all mortgages, regardless of the date of
361 recordation of the mortgage.
362 (9)(a) ELECTIONS AND BOARD VACANCIES.—Elections of
363 directors must be conducted in accordance with the procedures
364 set forth in the governing documents of the association. All
365 members of the association are eligible to serve on the board of
366 directors, and a member may nominate himself or herself as a
367 candidate for the board at a meeting where the election is to be
368 held; provided, however, that or, if the election process allows
369 candidates to nominate themselves voting by absentee ballot, in
370 advance of the balloting, the association is not required to
371 allow nominations at the meeting. An election is not required
372 unless more candidates are nominated than vacancies exist.
373 Except as otherwise provided in the governing documents, boards
374 of directors must be elected by a plurality of the votes cast by
375 eligible voters.
376 Section 5. Subsection (1) of section 720.307, Florida
377 Statutes, is amended, present subsections (2) through (4) are
378 renumbered as subsections (4) through (6), respectively, and new
379 subsections (2) and (3) are added to that section, to read:
380 720.307 Transition of association control in a community.
381 With respect to homeowners’ associations:
382 (1) Members other than the developer are entitled to elect
383 at least a majority of the members of the board of directors of
384 the homeowners’ association when the earlier of the following
385 events occurs:
386 (a) Three months after 90 percent of the parcels in all
387 phases of the community that will ultimately be operated by the
388 homeowners’ association have been conveyed to members; or
389 (b) Such other percentage of the parcels has been conveyed
390 to members, or such other date or event has occurred, as is set
391 forth in the governing documents in order to comply with the
392 requirements of any governmentally chartered entity with regard
393 to the mortgage financing of parcels;
394 (c) Two years after the developer has ceased construction
395 or ceased to offer parcels for sale in the ordinary course of
396 business;
397 (d) Upon the developer abandoning or deserting its
398 responsibility to maintain and complete the advertised amenities
399 or infrastructure. There is a rebuttable presumption that the
400 developer has abandoned and deserted the property if the
401 developer has not engaged in construction or sale of properties
402 or has unpaid assessments or guaranteed amounts under s. 720.308
403 for a period of more than 2 years;
404 (e) Upon the developer filing a petition seeking protection
405 under chapter 7 of the federal Bankruptcy Code;
406 (f) Upon the developer losing title to the property through
407 a foreclosure, or the transfer of a deed in lieu of foreclosure,
408 unless the successor owner has accepted an assignment of
409 developer rights and responsibilities; or
410 (g) Upon a receiver for the developer being appointed by a
411 circuit court and not being discharged within 30 days after such
412 appointment, unless the court determines within 30 days after
413 such appointment that transfer of control would be detrimental
414 to the association or its members.
415 For purposes of this section, the term “members other than
416 the developer” shall not include builders, contractors, or
417 others who purchase a parcel for the purpose of constructing
418 improvements thereon for resale.
419 (2) Members other than the developer are entitled to elect
420 at least one member of the board of directors of the homeowners’
421 association if 15 percent of the parcels in all phases of the
422 community which will ultimately be operated by the association
423 have been conveyed to members.
424 (3) Members other than the developer are entitled to elect
425 at least two members of the board of directors of the
426 homeowners’ association if 50 percent of the parcels in all
427 phases of the community which will ultimately be operated by the
428 association have been conveyed to members.
429 Section 6. Subsection (5)is added to section 720.3075,
430 Florida Statutes to read:
431 720.3075 Prohibited clauses in association documents.—
432 (5) The public policy described in subsection (1) prohibits
433 the inclusion or enforcement of clauses that allow a developer
434 the unilateral ability and right to make changes to the
435 governing documents prior to transition of homeowners’
436 association control in a community from the developer to the
437 nondeveloper members, as set forth in s. 720.307, that
438 unreasonably modify the original plan of development, prejudice
439 the rights of parcel owners to use and enjoy the benefits of the
440 common property without the consent of the parcels owners,
441 radically change the community scheme, reduce the size of the
442 common area, or limit the access of parcel owners to the common
443 area.
444 Section 7. Paragraph (b) of subsection (2) of section
445 720.3085, Florida Statutes, is amended to read:
446 720.3085 Payment for assessments; lien claims.—
447 (2)
448 (b) A parcel owner is jointly and severally liable with the
449 previous parcel owner for all unpaid assessments that came due
450 up to the time of transfer of title. This liability is without
451 prejudice to any right the present parcel owner may have to
452 recover any amounts paid by the present owner from the previous
453 owner. For the purposes of this subsection, the term “previous
454 owner” shall not include an association that acquires title to a
455 delinquent property through foreclosure or by deed in lieu of
456 foreclosure. The present parcel owner’s liability for unpaid
457 assessments is limited to any unpaid assessments that accrued
458 before the association acquired title to the delinquent property
459 through foreclosure or by deed in lieu of foreclosure.
460 Section 8. Section 720.315, Florida Statutes, is amended to
461 read:
462 720.315 Passage of special assessments.—
463 (1) Before turnover, if the board of directors controlled
464 by the developer proposes a budget which requires assessments
465 against parcel owners which are 5 percent greater than the
466 assessments for the preceding fiscal year, the budget must be
467 approved by a majority of all the members other than the
468 developer at a duly called special meeting of the membership at
469 which a quorum is present. For purposes of this section, the
470 term “members other than the developer” does not include
471 builders, contractors, or other persons who purchase a parcel
472 for the purpose of constructing improvements thereon for resale.
473 (2) Before turnover, the board of directors controlled by
474 the developer may not levy a special assessment unless a
475 majority of the parcel owners other than the developer has
476 approved the special assessment by a majority vote at a duly
477 called special meeting of the membership at which a quorum is
478 present.
479 Section 9. This act shall take effect July 1, 2013.
480
481
482 ================= T I T L E A M E N D M E N T ================
483 And the title is amended as follows:
484 Delete everything before the enacting clause
485 and insert:
486 A bill to be entitled
487 An act relating to homeowners’ associations; amending
488 s. 468.436, F.S.; providing grounds for disciplinary
489 actions against community association managers;
490 amending s. 720.303, F.S.; requiring official records
491 to be maintained within a specified distance of the
492 association for a specified time; authorizing
493 associations to maintain such records online;
494 requiring associations to allow a member to use a
495 portable device to make an electronic copy of the
496 official records and prohibiting associations from
497 charging a fee for such an electronic copy; removing
498 provisions allowing the association to charge fees for
499 personnel costs related to records access; requiring
500 budgets to designate permissible uses of reserve
501 accounts; requiring a community association manager,
502 or the association in the absence of a community
503 association manager, to report certain information to
504 the Division of Florida Condominiums, Timeshares, and
505 Mobile Homes; providing an expiration date for the
506 reporting requirements; creating s. 720.3033, F.S.;
507 requiring association directors to file with the
508 association secretary written certification that they
509 have read certain association documents, will uphold
510 the documents, and will uphold their fiduciary
511 responsibility to the members; providing for an
512 educational certificate in lieu of written
513 certification; providing that such certification is
514 valid while the director is on the board; providing
515 penalties for failure to file such certification;
516 requiring the association secretary to retain such
517 certification for 5 years; requiring the board to
518 follow specified procedures relating to contracts or
519 transactions between the association and certain
520 entities; providing for disclosure of the contract or
521 transaction to members; providing for the cancellation
522 of such contract or transaction under certain
523 circumstances; prohibiting any association officer,
524 director, or manager from soliciting or receiving
525 certain personal benefits from any person providing or
526 offering to provide goods or services to the
527 association and providing for removal for knowingly
528 taking such action; providing an exception; providing
529 for the removal of any director or officer charged
530 with a felony theft or embezzlement offense involving
531 association funds or property; providing for the
532 reinstatement of such person under certain
533 circumstances; prohibiting a member with pending
534 criminal charges from certain positions; requiring the
535 association to maintain insurance or a bond to cover
536 funds that will be in the custody of the association
537 or its management agent; providing a definition;
538 amending s. 720.306, F.S.; revising provisions
539 relating to the amendment of homeowners’ association
540 declarations; providing legislative findings and a
541 finding of compelling state interest; providing
542 criteria for consent or joinder to an amendment;
543 requiring notice to mortgagees regarding proposed
544 amendments; providing criteria for notification;
545 providing for voiding certain amendments; revising
546 procedures for the election of directors; amending s.
547 720.307, F.S.; providing additional circumstances for
548 authorizing members to elect a majority of association
549 board members; providing circumstances under which
550 members other than the developer are authorized to
551 elect a specified number of members to the board of
552 directors; amending s. 720.3075, F.S.; providing
553 public policy regarding prohibited clauses in
554 association documents; providing prohibited clauses in
555 association documents; amending s. 720.315, F.S.;
556 prohibiting increases in assessments levied pursuant
557 to the annual budget under certain circumstances;
558 providing an effective date.