Florida Senate - 2014                        COMMITTEE AMENDMENT
       Bill No. SB 440
       
       
       
       
       
       
                                Ì414642ÊÎ414642                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  02/17/2014           .                                
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       following:
       
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 340 - 412
    4  and insert:
    5  association of 10 or fewer units may, by affirmative vote of a
    6  majority of the total voting interests, provide for different
    7  voting and election procedures in its bylaws, which may be by a
    8  proxy specifically delineating the different voting and election
    9  procedures. The different voting and election procedures may
   10  provide for elections to be conducted by limited or general
   11  proxy.
   12         (k) Arbitration.—There shall be a provision for mandatory
   13  nonbinding arbitration as provided for in s. 718.1255 for any
   14  residential condominium.
   15         (l) Certificate of compliance.—A provision that a
   16  certificate of compliance from a licensed electrical contractor
   17  or electrician may be accepted by the association’s board as
   18  evidence of compliance of the condominium units with the
   19  applicable fire and life safety code must be included.
   20  Notwithstanding chapter 633 or of any other code, statute,
   21  ordinance, administrative rule, or regulation, or any
   22  interpretation of the foregoing, an association, residential
   23  condominium, or unit owner is not obligated to retrofit the
   24  common elements, association property, or units of a residential
   25  condominium with a fire sprinkler system in a building that has
   26  been certified for occupancy by the applicable governmental
   27  entity if the unit owners have voted to forego such retrofitting
   28  by the affirmative vote of a majority of all voting interests in
   29  the affected condominium. The local authority having
   30  jurisdiction may not require completion of retrofitting with a
   31  fire sprinkler system before January 1, 2020 the end of 2019. By
   32  December 31, 2016, a residential condominium an association that
   33  is not in compliance with the requirements for a fire sprinkler
   34  system and has not voted to forego retrofitting of such a system
   35  must initiate an application for a building permit for the
   36  required installation with the local government having
   37  jurisdiction demonstrating that the association will become
   38  compliant by December 31, 2019.
   39         1. A vote to forego retrofitting may be obtained by limited
   40  proxy or by a ballot personally cast at a duly called membership
   41  meeting, or by execution of a written consent by the member, and
   42  is effective upon recording a certificate attesting to such vote
   43  in the public records of the county where the condominium is
   44  located. The association shall mail or hand deliver to each unit
   45  owner written notice at least 14 days before the membership
   46  meeting in which the vote to forego retrofitting of the required
   47  fire sprinkler system is to take place. Within 30 days after the
   48  association’s opt-out vote, notice of the results of the opt-out
   49  vote must be mailed or hand delivered to all unit owners.
   50  Evidence of compliance with this notice requirement must be made
   51  by affidavit executed by the person providing the notice and
   52  filed among the official records of the association. After
   53  notice is provided to each owner, a copy must be provided by the
   54  current owner to a new owner before closing and by a unit owner
   55  to a renter before signing a lease.
   56         2. If there has been a previous vote to forego
   57  retrofitting, a vote to require retrofitting may be obtained at
   58  a special meeting of the unit owners called by a petition of at
   59  least 10 percent of the voting interests. Such a vote may only
   60  be called once every 3 years. Notice shall be provided as
   61  required for any regularly called meeting of the unit owners,
   62  and must state the purpose of the meeting. Electronic
   63  transmission may not be used to provide notice of a meeting
   64  called in whole or in part for this purpose.
   65         3. As part of the information collected annually from
   66  condominiums, the division shall require condominium
   67  associations to report the membership vote and recording of a
   68  certificate under this subsection and, if retrofitting has been
   69  undertaken, the per-unit cost of such work. The division shall
   70  annually report to the Division of State Fire Marshal of the
   71  Department of Financial Services the number of condominiums that
   72  have elected to forego retrofitting.
   73         4. Notwithstanding s. 553.509, a residential an association
   74  may not be obligated to, and may forego the retrofitting of, any
   75  improvements required by s. 553.509(2) upon an affirmative vote
   76  of a majority of the voting interests in the affected
   77  condominium.
   78         Section 2. Subsection (5) of section 718.113, Florida
   79  Statutes, is amended to read:
   80         718.113 Maintenance; limitation upon improvement; display
   81  of flag; hurricane shutters and protection; display of religious
   82  decorations.—
   83         (5) Each board of administration of a residential
   84  condominium shall adopt hurricane shutter specifications for
   85  each building within each condominium operated by the
   86  association which shall include color, style, and other factors
   87  deemed relevant by the board. All specifications adopted by the
   88  board must comply with the applicable building code.
   89         (a) The board may, subject to s. 718.3026 and the approval
   90  of a majority of voting interests of the residential
   91  condominium, install hurricane shutters, impact glass, code
   92  compliant windows or doors, or other types of code-compliant
   93  hurricane protection that comply with or exceed the applicable
   94  building code. However, a vote of the owners is not required if
   95  the maintenance, repair, and replacement of hurricane shutters,
   96  impact glass, code-compliant windows or doors, or other types of
   97  code-compliant hurricane protection are the responsibility of
   98  the association pursuant to the declaration of condominium. If
   99  hurricane protection or laminated glass or window film
  100  architecturally designed to function as hurricane protection
  101  that complies with or exceeds the current applicable building
  102  code has been previously installed, the board may not install
  103  hurricane shutters, impact glass, code-compliant windows or
  104  doors, or other types of code-compliant hurricane protection
  105  except upon approval by a majority vote of the voting interests.
  106         (b) The association is responsible for the maintenance,
  107  repair, and replacement of the hurricane shutters, impact glass,
  108  code-compliant windows or doors, or other types of code
  109  compliant hurricane protection authorized by this subsection if
  110  such property is the responsibility of the association pursuant
  111  to the declaration of condominium. If the hurricane shutters,
  112  impact glass, code-compliant windows or doors, or other types of
  113  code-compliant hurricane protection are the responsibility of
  114  the unit owners pursuant to the declaration of condominium, the
  115  maintenance, repair, and replacement of such items are the
  116  responsibility of the unit owner.
  117         (c) The board may operate shutters, impact glass, code
  118  compliant windows or doors, or other types of code-compliant
  119  hurricane protection installed pursuant to this subsection
  120  without permission of the unit owners only if such operation is
  121  necessary to preserve and protect the condominium property and
  122  association property. The installation, replacement, operation,
  123  repair, and maintenance of such shutters, impact glass, code
  124  compliant windows or doors, or other types of code-compliant
  125  hurricane protection in accordance with the procedures set forth
  126  in this paragraph are not a material alteration to the common
  127  elements or association property within the meaning of this
  128  section.
  129         (d) Notwithstanding any other provision in the residential
  130  condominium documents, if approval is required by the documents,
  131  a board may not refuse to approve the installation or
  132  replacement of hurricane shutters, impact glass, code-compliant
  133  windows or doors, or other types of code-compliant hurricane
  134  protection by a unit owner conforming to the specifications
  135  adopted by the board.
  136         Section 3. Subsection (6) is added to section 718.1255,
  137  Florida Statutes, to read:
  138         718.1255 Alternative dispute resolution; voluntary
  139  mediation; mandatory nonbinding arbitration; legislative
  140  findings.—
  141         (6) APPLICABILITY.—This section does not apply to a
  142  nonresidential condominium unless otherwise specifically
  143  provided for in the declaration of the nonresidential
  144  condominium.
  145         Section 4. Section 718.1256, Florida Statutes, is amended
  146  to read:
  147         718.1256 Condominiums as residential property.—For the
  148  purpose of property and casualty insurance risk classification,
  149  residential condominiums shall be classed as residential
  150  property.
  151         Section 5. Paragraph (a) of subsection (2) of section
  152  718.403, Florida Statutes, is amended and subsection (9) is
  153  added to that section, to read:
  154         718.403 Phase condominiums.—
  155         (2) The original declaration of condominium, or an
  156  amendment to the declaration, which amendment has been approved
  157  by all unit owners and unit mortgagees and the developer, shall
  158  describe:
  159         (a) The land which may become part of the condominium and
  160  the land on which each phase is to be built. The descriptions
  161  shall include metes and bounds or other legal descriptions of
  162  the land for each phase, plot plans, and surveys. Plot plans,
  163  attached as an exhibit, must show the approximate location of
  164  all existing and proposed buildings and improvements that may
  165  ultimately be contained within the condominium. The plot plan
  166  may be modified by the developer as to unit or building types
  167  but, in a residential condominium, only to the extent that such
  168  changes are described in the declaration. If provided in the
  169  declaration, the developer may make nonmaterial changes in the
  170  legal description of a phase.
  171         (9) Paragraphs (2)(b)-(f) and subsection (8) do not apply
  172  to nonresidential condominiums.
  173         Section 6. Section 718.707, Florida Statutes, is amended to
  174  read:
  175  718.707 Time limitation for classification as bulk assignee or
  176  bulk buyer.—A person acquiring condominium parcels may not be
  177  classified as a bulk assignee or bulk buyer unless the
  178  condominium parcels were acquired on or after July 1, 2010, but
  179  before July 1, 2016 2015. The date of such acquisition shall be
  180  determined by the date of recording a deed or other instrument
  181  of conveyance for such parcels in the public records of the
  182  county in which the condominium is located, or by the date of
  183  issuing a certificate of title in a foreclosure proceeding with
  184  respect to such condominium parcels.
  185  
  186  ================= T I T L E  A M E N D M E N T ================
  187  And the title is amended as follows:
  188         Delete line 5
  189  and insert:
  190         their associations and boards; amending s. 718.113,
  191         F.S.; limiting the application of certain requirements
  192         relating to the maintenance of residential
  193         condominiums and their associations and boards;
  194         amending s. 718.1255, F.S.; exempting nonresidential
  195         condominiums from mandatory arbitration unless
  196         specifically provided for in their declarations;
  197         amending s. 718.1256, F.S.; specifying that
  198         residential condominiums are classified as residential
  199         property; amending s. 718.403, F.S.; authorizing the
  200         developer to modify the plot plan as to unit or
  201         building types; limiting the circumstances under which
  202         a plot plan may be modified as to a residential
  203         condominium; specifying the provisions relating to
  204         phase condominiums that are inapplicable to
  205         nonresidential condominiums; amending s. 718.707,
  206         F.S.; extending by 1 year the time limitation for
  207         classification as a bulk assignee or bulk buyer;
  208         providing an effective