Florida Senate - 2015                          SENATOR AMENDMENT
       Bill No. CS for CS for CS for SB 748
       
       
       
       
       
       
                                Ì321900jÎ321900                         
       
                              LEGISLATIVE ACTION                        
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       Senator Ring moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete lines 205 - 803
    4  and insert:
    5         Section 3. Paragraphs (d) and (f) of subsection (2) of
    6  section 718.112, Florida Statutes, are amended to read:
    7         718.112 Bylaws.—
    8         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
    9  following and, if they do not do so, shall be deemed to include
   10  the following:
   11         (d) Unit owner meetings.—
   12         1. An annual meeting of the unit owners shall be held at
   13  the location provided in the association bylaws and, if the
   14  bylaws are silent as to the location, the meeting shall be held
   15  within 45 miles of the condominium property. However, such
   16  distance requirement does not apply to an association governing
   17  a timeshare condominium.
   18         2. Unless the bylaws provide otherwise, a vacancy on the
   19  board caused by the expiration of a director’s term shall be
   20  filled by electing a new board member, and the election must be
   21  by secret ballot. An election is not required if the number of
   22  vacancies equals or exceeds the number of candidates. For
   23  purposes of this paragraph, the term “candidate” means an
   24  eligible person who has timely submitted the written notice, as
   25  described in sub-subparagraph 4.a., of his or her intention to
   26  become a candidate. Except in a timeshare or nonresidential
   27  condominium, or if the staggered term of a board member does not
   28  expire until a later annual meeting, or if all members’ terms
   29  would otherwise expire but there are no candidates, the terms of
   30  all board members expire at the annual meeting, and such members
   31  may stand for reelection unless prohibited by the bylaws. If the
   32  bylaws or articles of incorporation permit terms of no more than
   33  2 years, the association board members may serve 2-year terms.
   34  If the number of board members whose terms expire at the annual
   35  meeting equals or exceeds the number of candidates, the
   36  candidates become members of the board effective upon the
   37  adjournment of the annual meeting. Unless the bylaws provide
   38  otherwise, any remaining vacancies shall be filled by the
   39  affirmative vote of the majority of the directors making up the
   40  newly constituted board even if the directors constitute less
   41  than a quorum or there is only one director. In a residential
   42  condominium association of more than 10 units or in a
   43  residential condominium association that does not include
   44  timeshare units or timeshare interests, coowners of a unit may
   45  not serve as members of the board of directors at the same time
   46  unless they own more than one unit or unless there are not
   47  enough eligible candidates to fill the vacancies on the board at
   48  the time of the vacancy. A unit owner in a residential
   49  condominium desiring to be a candidate for board membership must
   50  comply with sub-subparagraph 4.a. and must be eligible to be a
   51  candidate to serve on the board of directors at the time of the
   52  deadline for submitting a notice of intent to run in order to
   53  have his or her name listed as a proper candidate on the ballot
   54  or to serve on the board. A person who has been suspended or
   55  removed by the division under this chapter, or who is delinquent
   56  in the payment of any monetary obligation due to the
   57  association, is not eligible to be a candidate for board
   58  membership and may not be listed on the ballot. A person who has
   59  been convicted of any felony in this state or in a United States
   60  District or Territorial Court, or who has been convicted of any
   61  offense in another jurisdiction which would be considered a
   62  felony if committed in this state, is not eligible for board
   63  membership unless such felon’s civil rights have been restored
   64  for at least 5 years as of the date such person seeks election
   65  to the board. The validity of an action by the board is not
   66  affected if it is later determined that a board member is
   67  ineligible for board membership due to having been convicted of
   68  a felony. This subparagraph does not limit the term of a member
   69  of the board of a nonresidential condominium.
   70         3. The bylaws must provide the method of calling meetings
   71  of unit owners, including annual meetings. Written notice must
   72  include an agenda, must be mailed, hand delivered, or
   73  electronically transmitted to each unit owner at least 14 days
   74  before the annual meeting, and must be posted in a conspicuous
   75  place on the condominium property at least 14 continuous days
   76  before the annual meeting. Upon notice to the unit owners, the
   77  board shall, by duly adopted rule, designate a specific location
   78  on the condominium property or association property where all
   79  notices of unit owner meetings shall be posted. This requirement
   80  does not apply if there is no condominium property or
   81  association property for posting notices. In lieu of, or in
   82  addition to, the physical posting of meeting notices, the
   83  association may, by reasonable rule, adopt a procedure for
   84  conspicuously posting and repeatedly broadcasting the notice and
   85  the agenda on a closed-circuit cable television system serving
   86  the condominium association. However, if broadcast notice is
   87  used in lieu of a notice posted physically on the condominium
   88  property, the notice and agenda must be broadcast at least four
   89  times every broadcast hour of each day that a posted notice is
   90  otherwise required under this section. If broadcast notice is
   91  provided, the notice and agenda must be broadcast in a manner
   92  and for a sufficient continuous length of time so as to allow an
   93  average reader to observe the notice and read and comprehend the
   94  entire content of the notice and the agenda. Unless a unit owner
   95  waives in writing the right to receive notice of the annual
   96  meeting, such notice must be hand delivered, mailed, or
   97  electronically transmitted to each unit owner. Notice for
   98  meetings and notice for all other purposes must be mailed to
   99  each unit owner at the address last furnished to the association
  100  by the unit owner, or hand delivered to each unit owner.
  101  However, if a unit is owned by more than one person, the
  102  association must provide notice to the address that the
  103  developer identifies for that purpose and thereafter as one or
  104  more of the owners of the unit advise the association in
  105  writing, or if no address is given or the owners of the unit do
  106  not agree, to the address provided on the deed of record. An
  107  officer of the association, or the manager or other person
  108  providing notice of the association meeting, must provide an
  109  affidavit or United States Postal Service certificate of
  110  mailing, to be included in the official records of the
  111  association affirming that the notice was mailed or hand
  112  delivered in accordance with this provision.
  113         4. The members of the board of a residential condominium
  114  shall be elected by written ballot or voting machine. Proxies
  115  may not be used in electing the board in general elections or
  116  elections to fill vacancies caused by recall, resignation, or
  117  otherwise, unless otherwise provided in this chapter. This
  118  subparagraph does not apply to an association governing a
  119  timeshare condominium.
  120         a. At least 60 days before a scheduled election, the
  121  association shall mail, deliver, or electronically transmit, by
  122  separate association mailing or included in another association
  123  mailing, delivery, or transmission, including regularly
  124  published newsletters, to each unit owner entitled to a vote, a
  125  first notice of the date of the election. A unit owner or other
  126  eligible person desiring to be a candidate for the board must
  127  give written notice of his or her intent to be a candidate to
  128  the association at least 40 days before a scheduled election.
  129  Together with the written notice and agenda as set forth in
  130  subparagraph 3., the association shall mail, deliver, or
  131  electronically transmit a second notice of the election to all
  132  unit owners entitled to vote, together with a ballot that lists
  133  all candidates. Upon request of a candidate, an information
  134  sheet, no larger than 8 1/2 inches by 11 inches, which must be
  135  furnished by the candidate at least 35 days before the election,
  136  must be included with the mailing, delivery, or transmission of
  137  the ballot, with the costs of mailing, delivery, or electronic
  138  transmission and copying to be borne by the association. The
  139  association is not liable for the contents of the information
  140  sheets prepared by the candidates. In order to reduce costs, the
  141  association may print or duplicate the information sheets on
  142  both sides of the paper. The division shall by rule establish
  143  voting procedures consistent with this sub-subparagraph,
  144  including rules establishing procedures for giving notice by
  145  electronic transmission and rules providing for the secrecy of
  146  ballots. Elections shall be decided by a plurality of ballots
  147  cast. There is no quorum requirement; however, at least 20
  148  percent of the eligible voters must cast a ballot in order to
  149  have a valid election. A unit owner may not permit any other
  150  person to vote his or her ballot, and any ballots improperly
  151  cast are invalid. A unit owner who violates this provision may
  152  be fined by the association in accordance with s. 718.303. A
  153  unit owner who needs assistance in casting the ballot for the
  154  reasons stated in s. 101.051 may obtain such assistance. The
  155  regular election must occur on the date of the annual meeting.
  156  Notwithstanding this sub-subparagraph, an election is not
  157  required unless more candidates file notices of intent to run or
  158  are nominated than board vacancies exist.
  159         b. Within 90 days after being elected or appointed to the
  160  board of an association of a residential condominium, each newly
  161  elected or appointed director shall certify in writing to the
  162  secretary of the association that he or she has read the
  163  association’s declaration of condominium, articles of
  164  incorporation, bylaws, and current written policies; that he or
  165  she will work to uphold such documents and policies to the best
  166  of his or her ability; and that he or she will faithfully
  167  discharge his or her fiduciary responsibility to the
  168  association’s members. In lieu of this written certification,
  169  within 90 days after being elected or appointed to the board,
  170  the newly elected or appointed director may submit a certificate
  171  of having satisfactorily completed the educational curriculum
  172  administered by a division-approved condominium education
  173  provider within 1 year before or 90 days after the date of
  174  election or appointment. The written certification or
  175  educational certificate is valid and does not have to be
  176  resubmitted as long as the director serves on the board without
  177  interruption. A director of an association of a residential
  178  condominium who fails to timely file the written certification
  179  or educational certificate is suspended from service on the
  180  board until he or she complies with this sub-subparagraph. The
  181  board may temporarily fill the vacancy during the period of
  182  suspension. The secretary shall cause the association to retain
  183  a director’s written certification or educational certificate
  184  for inspection by the members for 5 years after a director’s
  185  election or the duration of the director’s uninterrupted tenure,
  186  whichever is longer. Failure to have such written certification
  187  or educational certificate on file does not affect the validity
  188  of any board action.
  189         c. Any challenge to the election process must be commenced
  190  within 60 days after the election results are announced.
  191         5. Any approval by unit owners called for by this chapter
  192  or the applicable declaration or bylaws, including, but not
  193  limited to, the approval requirement in s. 718.111(8), must be
  194  made at a duly noticed meeting of unit owners and is subject to
  195  all requirements of this chapter or the applicable condominium
  196  documents relating to unit owner decisionmaking, except that
  197  unit owners may take action by written agreement, without
  198  meetings, on matters for which action by written agreement
  199  without meetings is expressly allowed by the applicable bylaws
  200  or declaration or any law that provides for such action.
  201         6. Unit owners may waive notice of specific meetings if
  202  allowed by the applicable bylaws or declaration or any law. If
  203  authorized by the bylaws, Notice of meetings of the board of
  204  administration, unit owner meetings, except unit owner meetings
  205  called to recall board members under paragraph (j), and
  206  committee meetings may be given by electronic transmission to
  207  unit owners who consent to receive notice by electronic
  208  transmission.
  209         7. Unit owners have the right to participate in meetings of
  210  unit owners with reference to all designated agenda items.
  211  However, the association may adopt reasonable rules governing
  212  the frequency, duration, and manner of unit owner participation.
  213         8. A unit owner may tape record or videotape a meeting of
  214  the unit owners subject to reasonable rules adopted by the
  215  division.
  216         9. Unless otherwise provided in the bylaws, any vacancy
  217  occurring on the board before the expiration of a term may be
  218  filled by the affirmative vote of the majority of the remaining
  219  directors, even if the remaining directors constitute less than
  220  a quorum, or by the sole remaining director. In the alternative,
  221  a board may hold an election to fill the vacancy, in which case
  222  the election procedures must conform to sub-subparagraph 4.a.
  223  unless the association governs 10 units or fewer and has opted
  224  out of the statutory election process, in which case the bylaws
  225  of the association control. Unless otherwise provided in the
  226  bylaws, a board member appointed or elected under this section
  227  shall fill the vacancy for the unexpired term of the seat being
  228  filled. Filling vacancies created by recall is governed by
  229  paragraph (j) and rules adopted by the division.
  230         10. This chapter does not limit the use of general or
  231  limited proxies, require the use of general or limited proxies,
  232  or require the use of a written ballot or voting machine for any
  233  agenda item or election at any meeting of a timeshare
  234  condominium association or nonresidential condominium
  235  association.
  236  
  237  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
  238  association of 10 or fewer units may, by affirmative vote of a
  239  majority of the total voting interests, provide for different
  240  voting and election procedures in its bylaws, which may be by a
  241  proxy specifically delineating the different voting and election
  242  procedures. The different voting and election procedures may
  243  provide for elections to be conducted by limited or general
  244  proxy.
  245         (f) Annual budget.—
  246         1. The proposed annual budget of estimated revenues and
  247  expenses must be detailed and must show the amounts budgeted by
  248  accounts and expense classifications, including, at a minimum,
  249  any if applicable, but not limited to, those expenses listed in
  250  s. 718.504(21). A multicondominium association shall adopt a
  251  separate budget of common expenses for each condominium the
  252  association operates and shall adopt a separate budget of common
  253  expenses for the association. In addition, if the association
  254  maintains limited common elements with the cost to be shared
  255  only by those entitled to use the limited common elements as
  256  provided for in s. 718.113(1), the budget or a schedule attached
  257  to it must show the amount budgeted for this maintenance. If,
  258  after turnover of control of the association to the unit owners,
  259  any of the expenses listed in s. 718.504(21) are not applicable,
  260  they need not be listed.
  261         2.a. In addition to annual operating expenses, the budget
  262  must include reserve accounts for capital expenditures and
  263  deferred maintenance. These accounts must include, but are not
  264  limited to, roof replacement, building painting, and pavement
  265  resurfacing, regardless of the amount of deferred maintenance
  266  expense or replacement cost, and for any other item that has a
  267  deferred maintenance expense or replacement cost that exceeds
  268  $10,000. The amount to be reserved must be computed using a
  269  formula based upon estimated remaining useful life and estimated
  270  replacement cost or deferred maintenance expense of each reserve
  271  item. The association may adjust replacement reserve assessments
  272  annually to take into account any changes in estimates or
  273  extension of the useful life of a reserve item caused by
  274  deferred maintenance. This subsection does not apply to an
  275  adopted budget in which the members of an association have
  276  determined, by a majority vote at a duly called meeting of the
  277  association, to provide no reserves or less reserves than
  278  required by this subsection.
  279         b. Before However, prior to turnover of control of an
  280  association by a developer to unit owners other than a developer
  281  pursuant to s. 718.301, the developer may vote the voting
  282  interests allocated to its units to waive the reserves or reduce
  283  the funding of reserves through the period expiring at the end
  284  of the second fiscal year after the fiscal year in which the
  285  certificate of a surveyor and mapper is recorded pursuant to s.
  286  718.104(4)(e) or an instrument that transfers title to a unit in
  287  the condominium which is not accompanied by a recorded
  288  assignment of developer rights in favor of the grantee of such
  289  unit is recorded, whichever occurs first, after which time
  290  reserves may be waived or reduced only upon the vote of a
  291  majority of all nondeveloper voting interests voting in person
  292  or by limited proxy at a duly called meeting of the association.
  293  If a meeting of the unit owners has been called to determine
  294  whether to waive or reduce the funding of reserves, and no such
  295  result is achieved or a quorum is not attained, the reserves
  296  included in the budget shall go into effect. After the turnover,
  297  the developer may vote its voting interest to waive or reduce
  298  the funding of reserves.
  299         3. Reserve funds and any interest accruing thereon shall
  300  remain in the reserve account or accounts, and may be used only
  301  for authorized reserve expenditures unless their use for other
  302  purposes is approved in advance by a majority vote at a duly
  303  called meeting of the association. Before Prior to turnover of
  304  control of an association by a developer to unit owners other
  305  than the developer pursuant to s. 718.301, the developer
  306  controlled association may shall not vote to use reserves for
  307  purposes other than those that for which they were intended
  308  without the approval of a majority of all nondeveloper voting
  309  interests, voting in person or by limited proxy at a duly called
  310  meeting of the association.
  311         4. The only voting interests that are eligible to vote on
  312  questions that involve waiving or reducing the funding of
  313  reserves, or using existing reserve funds for purposes other
  314  than purposes for which the reserves were intended, are the
  315  voting interests of the units subject to assessment to fund the
  316  reserves in question. Proxy questions relating to waiving or
  317  reducing the funding of reserves or using existing reserve funds
  318  for purposes other than purposes for which the reserves were
  319  intended must shall contain the following statement in
  320  capitalized, bold letters in a font size larger than any other
  321  used on the face of the proxy ballot: WAIVING OF RESERVES, IN
  322  WHOLE OR IN PART, OR ALLOWING ALTERNATIVE USES OF EXISTING
  323  RESERVES MAY RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF
  324  UNANTICIPATED SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
  325         Section 4. Subsection (3) and paragraph (b) of subsection
  326  (5) of section 718.116, Florida Statutes, are amended to read:
  327         718.116 Assessments; liability; lien and priority;
  328  interest; collection.—
  329         (3) Assessments and installments on assessments which are
  330  not paid when due bear interest at the rate provided in the
  331  declaration, from the due date until paid. The rate may not
  332  exceed the rate allowed by law, and, if no rate is provided in
  333  the declaration, interest accrues at the rate of 18 percent per
  334  year. If provided by the declaration or bylaws, the association
  335  may, in addition to such interest, charge an administrative late
  336  fee of up to the greater of $25 or 5 percent of each delinquent
  337  installment for which the payment is late. Any payment received
  338  by an association must be applied first to any interest accrued
  339  by the association, then to any administrative late fee, then to
  340  any costs and reasonable attorney attorney’s fees incurred in
  341  collection, and then to the delinquent assessment. The foregoing
  342  is applicable notwithstanding s. 673.3111, any purported accord
  343  and satisfaction, or any restrictive endorsement, designation,
  344  or instruction placed on or accompanying a payment. The
  345  preceding sentence is intended to clarify existing law. A late
  346  fee is not subject to chapter 687 or s. 718.303(4).
  347         (5)
  348         (b) To be valid, a claim of lien must state the description
  349  of the condominium parcel, the name of the record owner, the
  350  name and address of the association, the amount due, and the due
  351  dates. It must be executed and acknowledged by an officer or
  352  authorized agent of the association. The lien is not effective 1
  353  year after the claim of lien was recorded unless, within that
  354  time, an action to enforce the lien is commenced. The 1-year
  355  period is automatically extended for any length of time during
  356  which the association is prevented from filing a foreclosure
  357  action by an automatic stay resulting from a bankruptcy petition
  358  filed by the parcel owner or any other person claiming an
  359  interest in the parcel. The claim of lien secures all unpaid
  360  assessments that are due and that may accrue after the claim of
  361  lien is recorded and through the entry of a final judgment, as
  362  well as interest, administrative late fees, and all reasonable
  363  costs and attorney attorney’s fees incurred by the association
  364  incident to the collection process. Upon payment in full, the
  365  person making the payment is entitled to a satisfaction of the
  366  lien.
  367         Section 5. Section 718.128, Florida Statutes, is created to
  368  read:
  369         718.128 Electronic voting.—The association may conduct
  370  elections and other unit owner votes through an Internet-based
  371  online voting system if a unit owner consents, in writing, to
  372  online voting and if the following requirements are met:
  373         (1) The association provides each unit owner with:
  374         (a) A method to authenticate the unit owner’s identity to
  375  the online voting system.
  376         (b) For elections of the board, a method to transmit an
  377  electronic ballot to the online voting system which ensures the
  378  secrecy and integrity of each ballot.
  379         (c) A method to confirm, at least 14 days before the voting
  380  deadline, that the unit owner’s electronic device can
  381  successfully communicate with the online voting system.
  382         (2) The association uses an online voting system that is:
  383         (a) Able to authenticate the unit owner’s identity.
  384         (b) Able to authenticate the validity of each electronic
  385  vote to ensure that the vote is not altered in transit.
  386         (c) Able to transmit a receipt from the online voting
  387  system to each unit owner who casts an electronic vote.
  388         (d) For elections of the board of administration, able to
  389  permanently separate any authentication or identifying
  390  information from the electronic election ballot, rendering it
  391  impossible to tie an election ballot to a specific unit owner.
  392         (e) Able to store and keep electronic votes accessible to
  393  election officials for recount, inspection, and review purposes.
  394         (3) A unit owner voting electronically pursuant to this
  395  section shall be counted as being in attendance at the meeting
  396  for purposes of determining a quorum. A substantive vote of the
  397  unit owners may not be taken on any issue other than the issues
  398  specifically identified in the electronic vote, when a quorum is
  399  established based on unit owners voting electronically pursuant
  400  to this section.
  401         (4) This section applies to an association that provides
  402  for and authorizes an online voting system pursuant to this
  403  section by a board resolution. The board resolution must provide
  404  that unit owners receive notice of the opportunity to vote
  405  through an online voting system, must establish reasonable
  406  procedures and deadlines for unit owners to consent, in writing,
  407  to online voting, and must establish reasonable procedures and
  408  deadlines for unit owners to opt out of online voting after
  409  giving consent. Written notice of a meeting at which the
  410  resolution will be considered must be mailed, delivered, or
  411  electronically transmitted to the unit owners and posted
  412  conspicuously on the condominium property or association
  413  property at least 14 days before the meeting. Evidence of
  414  compliance with the 14-day notice requirement must be made by an
  415  affidavit executed by the person providing the notice and filed
  416  with the official records of the association.
  417         (5) A unit owner’s consent to online voting is valid until
  418  the unit owner opts out of online voting according to the
  419  procedures established by the board of administration pursuant
  420  to subsection (4).
  421         (6) This section may apply to any matter that requires a
  422  vote of the unit owners who are not members of a timeshare
  423  condominium association.
  424         Section 6. Subsections (3), (4), and (5) of section
  425  718.303, Florida Statutes, are amended, and subsection (7) is
  426  added to that section, to read:
  427         718.303 Obligations of owners and occupants; remedies.—
  428         (3) The association may levy reasonable fines for the
  429  failure of the owner of the unit or its occupant, licensee, or
  430  invitee to comply with any provision of the declaration, the
  431  association bylaws, or reasonable rules of the association. A
  432  fine may not become a lien against a unit. A fine may be levied
  433  by the board on the basis of each day of a continuing violation,
  434  with a single notice and opportunity for hearing before a
  435  committee as provided in paragraph (b). However, the fine may
  436  not exceed $100 per violation, or $1,000 in the aggregate.
  437         (a) An association may suspend, for a reasonable period of
  438  time, the right of a unit owner, or a unit owner’s tenant,
  439  guest, or invitee, to use the common elements, common
  440  facilities, or any other association property for failure to
  441  comply with any provision of the declaration, the association
  442  bylaws, or reasonable rules of the association. This paragraph
  443  does not apply to limited common elements intended to be used
  444  only by that unit, common elements needed to access the unit,
  445  utility services provided to the unit, parking spaces, or
  446  elevators.
  447         (b) A fine or suspension levied by the board of
  448  administration may not be imposed unless the board association
  449  first provides at least 14 days’ written notice and an
  450  opportunity for a hearing to the unit owner and, if applicable,
  451  its occupant, licensee, or invitee. The hearing must be held
  452  before a committee of other unit owners who are neither board
  453  members nor persons residing in a board member’s household. The
  454  role of the committee is limited to determining whether to
  455  confirm or reject the fine or suspension levied by the board. If
  456  the committee does not agree, the fine or suspension may not be
  457  imposed.
  458         (4) If a unit owner is more than 90 days delinquent in
  459  paying a fee, fine, or other monetary obligation due to the
  460  association, the association may suspend the right of the unit
  461  owner or the unit’s occupant, licensee, or invitee to use common
  462  elements, common facilities, or any other association property
  463  until the fee, fine, or other monetary obligation is paid in
  464  full. This subsection does not apply to limited common elements
  465  intended to be used only by that unit, common elements needed to
  466  access the unit, utility services provided to the unit, parking
  467  spaces, or elevators. The notice and hearing requirements under
  468  subsection (3) do not apply to suspensions imposed under this
  469  subsection.
  470         (5) An association may suspend the voting rights of a unit
  471  or member due to nonpayment of any fee, fine, or other monetary
  472  obligation due to the association which is more than 90 days
  473  delinquent. A voting interest or consent right allocated to a
  474  unit or member which has been suspended by the association shall
  475  be subtracted from may not be counted towards the total number
  476  of voting interests in the association, which shall be reduced
  477  by the number of suspended voting interests when calculating the
  478  total percentage or number of all voting interests available to
  479  take or approve any action, and the suspended voting interests
  480  may not be considered for any purpose, including, but not
  481  limited to, the percentage or number of voting interests
  482  necessary to constitute a quorum, the percentage or number of
  483  voting interests required to conduct an election, or the
  484  percentage or number of voting interests required to approve an
  485  action under this chapter or pursuant to the declaration,
  486  articles of incorporation, or bylaws. The suspension ends upon
  487  full payment of all obligations currently due or overdue the
  488  association. The notice and hearing requirements under
  489  subsection (3) do not apply to a suspension imposed under this
  490  subsection.
  491         (7) The suspensions permitted by paragraph (3)(a) and
  492  subsections (4) and (5) apply to a member and, when appropriate,
  493  the member’s tenants, guests, or invitees, even if the
  494  delinquency or failure that resulted in the suspension arose
  495  from fewer than all of the multiple units owned by a member.
  496         Section 7. Section 718.707, Florida Statutes, is amended to
  497  read:
  498         718.707 Time limitation for classification as bulk assignee
  499  or bulk buyer.—A person acquiring condominium parcels may not be
  500  classified as a bulk assignee or bulk buyer unless the
  501  condominium parcels were acquired on or after July 1, 2010, but
  502  before July 1, 2018 2016. The date of such acquisition shall be
  503  determined by the date of recording a deed or other instrument
  504  of conveyance for such parcels in the public records of the
  505  county in which the condominium is located, or by the date of
  506  issuing a certificate of title in a foreclosure proceeding with
  507  respect to such condominium parcels.
  508         Section 8. Paragraph (a) of subsection (2) of section
  509  719.104, Florida Statutes, is amended to read:
  510         719.104 Cooperatives; access to units; records; financial
  511  reports; assessments; purchase of leases.—
  512         (2) OFFICIAL RECORDS.—
  513         (a) From the inception of the association, the association
  514  shall maintain a copy of each of the following, where
  515  applicable, which shall constitute the official records of the
  516  association:
  517         1. The plans, permits, warranties, and other items provided
  518  by the developer pursuant to s. 719.301(4).
  519         2. A photocopy of the cooperative documents.
  520         3. A copy of the current rules of the association.
  521         4. A book or books containing the minutes of all meetings
  522  of the association, of the board of directors, and of the unit
  523  owners, which minutes shall be retained for a period of not less
  524  than 7 years.
  525         5. A current roster of all unit owners and their mailing
  526  addresses, unit identifications, voting certifications, and, if
  527  known, telephone numbers. The association shall also maintain
  528  the electronic mailing addresses and the numbers designated by
  529  unit owners for receiving notice sent by electronic transmission
  530  of those unit owners consenting to receive notice by electronic
  531  transmission. The electronic mailing addresses and numbers
  532  provided by unit owners to receive notice by electronic
  533  transmission shall be removed from association records when
  534  consent to receive notice by electronic transmission is revoked.
  535  However, the association is not liable for an erroneous
  536  disclosure of the electronic mail address or the number for
  537  receiving electronic transmission of notices.
  538         6. All current insurance policies of the association.
  539         7. A current copy of any management agreement, lease, or
  540  other contract to which the association is a party or under
  541  which the association or the unit owners have an obligation or
  542  responsibility.
  543         8. Bills of sale or transfer for all property owned by the
  544  association.
  545         9. Accounting records for the association and separate
  546  accounting records for each unit it operates, according to good
  547  accounting practices. All accounting records shall be maintained
  548  for a period of not less than 7 years. The accounting records
  549  shall include, but not be limited to:
  550         a. Accurate, itemized, and detailed records of all receipts
  551  and expenditures.
  552         b. A current account and a monthly, bimonthly, or quarterly
  553  statement of the account for each unit designating the name of
  554  the unit owner, the due date and amount of each assessment, the
  555  amount paid upon the account, and the balance due.
  556         c. All audits, reviews, accounting statements, and
  557  financial reports of the association.
  558         d. All contracts for work to be performed. Bids for work to
  559  be performed shall also be considered official records and shall
  560  be maintained for a period of 1 year.
  561         10. Ballots, sign-in sheets, voting proxies, and all other
  562  papers relating to voting by unit owners, which shall be
  563  maintained for a period of 1 year after the date of the
  564  election, vote, or meeting to which the document relates.
  565         11. All rental records where the association is acting as
  566  agent for the rental of units.
  567         12. A copy of the current question and answer sheet as
  568  described in s. 719.504.
  569         13. All other written records of the association not
  570  specifically included in the foregoing which are related to the
  571  operation of the association.
  572         Section 9. Paragraph (d) of subsection (1) of section
  573  719.106, Florida Statutes, is amended to read:
  574         719.106 Bylaws; cooperative ownership.—
  575         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
  576  documents shall provide for the following, and if they do not,
  577  they shall be deemed to include the following:
  578         (d) Shareholder meetings.—There shall be an annual meeting
  579  of the shareholders. All members of the board of administration
  580  shall be elected at the annual meeting unless the bylaws provide
  581  for staggered election terms or for their election at another
  582  meeting. Any unit owner desiring to be a candidate for board
  583  membership must comply with subparagraph 1. The bylaws must
  584  provide the method for calling meetings, including annual
  585  meetings. Written notice, which must incorporate an
  586  identification of agenda items, shall be given to each unit
  587  owner at least 14 days before the annual meeting and posted in a
  588  conspicuous place on the cooperative property at least 14
  589  continuous days preceding the annual meeting. Upon notice to the
  590  unit owners, the board must by duly adopted rule designate a
  591  specific location on the cooperative property upon which all
  592  notice of unit owner meetings are posted. In lieu of or in
  593  addition to the physical posting of the meeting notice, the
  594  association may, by reasonable rule, adopt a procedure for
  595  conspicuously posting and repeatedly broadcasting the notice and
  596  the agenda on a closed-circuit cable television system serving
  597  the cooperative association. However, if broadcast notice is
  598  used in lieu of a posted notice, the notice and agenda must be
  599  broadcast at least four times every broadcast hour of each day
  600  that a posted notice is otherwise required under this section.
  601  If broadcast notice is provided, the notice and agenda must be
  602  broadcast in a manner and for a sufficient continuous length of
  603  time to allow an average reader to observe the notice and read
  604  and comprehend the entire content of the notice and the agenda.
  605  Unless a unit owner waives in writing the right to receive
  606  notice of the annual meeting, the notice of the annual meeting
  607  must be sent by mail, hand delivered, or electronically
  608  transmitted to each unit owner. An officer of the association
  609  must provide an affidavit or United States Postal Service
  610  certificate of mailing, to be included in the official records
  611  of the association, affirming that notices of the association
  612  meeting were mailed, hand delivered, or electronically
  613  transmitted, in accordance with this provision, to each unit
  614  owner at the address last furnished to the association.
  615         1. The board of administration shall be elected by written
  616  ballot or voting machine. A proxy may not be used in electing
  617  the board of administration in general elections or elections to
  618  fill vacancies caused by recall, resignation, or otherwise
  619  unless otherwise provided in this chapter.
  620         a. At least 60 days before a scheduled election, the
  621  association shall mail, deliver, or transmit, whether by
  622  separate association mailing, delivery, or electronic
  623  transmission or included in another association mailing,
  624  delivery, or electronic transmission, including regularly
  625  published newsletters, to each unit owner entitled to vote, a
  626  first notice of the date of the election. Any unit owner or
  627  other eligible person desiring to be a candidate for the board
  628  of administration must give written notice to the association at
  629  least 40 days before a scheduled election. Together with the
  630  written notice and agenda as set forth in this section, the
  631  association shall mail, deliver, or electronically transmit a
  632  second notice of election to all unit owners entitled to vote,
  633  together with a ballot that lists all candidates. Upon request
  634  of a candidate, the association shall include an information
  635  sheet, no larger than 8 1/2 inches by 11 inches, which must be
  636  furnished by the candidate at least 35 days before the election,
  637  to be included with the mailing, delivery, or electronic
  638  transmission of the ballot, with the costs of mailing, delivery,
  639  or transmission and copying to be borne by the association. The
  640  association is not liable for the contents of the information
  641  sheets provided by the candidates. In order to reduce costs, the
  642  association may print or duplicate the information sheets on
  643  both sides of the paper. The division shall by rule establish
  644  voting procedures consistent with this subparagraph, including
  645  rules establishing procedures for giving notice by electronic
  646  transmission and rules providing for the secrecy of ballots.
  647  Elections shall be decided by a plurality of those ballots cast.
  648  There is no quorum requirement. However, at least 20 percent of
  649  the eligible voters must cast a ballot in order to have a valid
  650  election. A unit owner may not permit any other person to vote
  651  his or her ballot, and any such ballots improperly cast are
  652  invalid. A unit owner who needs assistance in casting the ballot
  653  for the reasons stated in s. 101.051 may obtain assistance in
  654  casting the ballot. Any unit owner violating this provision may
  655  be fined by the association in accordance with s. 719.303. The
  656  regular election must occur on the date of the annual meeting.
  657  This subparagraph does not apply to timeshare cooperatives.
  658  Notwithstanding this subparagraph, an election and balloting are
  659  not required unless more candidates file a notice of intent to
  660  run or are nominated than vacancies exist on the board. Any
  661  challenge to the election process must be commenced within 60
  662  days after the election results are announced.
  663         b. Within 90 days after being elected or appointed to the
  664  board, each new director shall certify in writing to the
  665  secretary of the association that he or she has read the
  666  association’s bylaws, articles of incorporation, proprietary
  667  lease, and current written policies; that he or she will work to
  668  uphold such documents and policies to the best of his or her
  669  ability; and that he or she will faithfully discharge his or her
  670  fiduciary responsibility to the association’s members. Within 90
  671  days after being elected or appointed to the board, in lieu of
  672  this written certification, the newly elected or appointed
  673  director may submit a certificate of having satisfactorily
  674  completed the educational curriculum administered by an
  675  education provider as approved by the division pursuant to the
  676  requirements established in chapter 718 within 1 year before or
  677  90 days after the date of election or appointment. The
  678  educational certificate is valid and does not have to be
  679  resubmitted as long as the director serves on the board without
  680  interruption. A director who fails to timely file the written
  681  certification or educational certificate is suspended from
  682  service on the board until he or she complies with this sub
  683  subparagraph. The board may temporarily fill the vacancy during
  684  the period of suspension. The secretary of the association shall
  685  cause the association to retain a director’s written
  686  certification or educational certificate for inspection by the
  687  members for 5 years after a director’s election or the duration
  688  of the director’s uninterrupted tenure, whichever is longer.
  689  Failure to have such written certification or educational
  690  certificate on file does not affect the validity of any board
  691  action.
  692         2. Any approval by unit owners called for by this chapter,
  693  or the applicable cooperative documents, must be made at a duly
  694  noticed meeting of unit owners and is subject to this chapter or
  695  the applicable cooperative documents relating to unit owner
  696  decisionmaking, except that unit owners may take action by
  697  written agreement, without meetings, on matters for which action
  698  by written agreement without meetings is expressly allowed by
  699  the applicable cooperative documents or law which provides for
  700  the unit owner action.
  701         3. Unit owners may waive notice of specific meetings if
  702  allowed by the applicable cooperative documents or law. If
  703  authorized by the bylaws, Notice of meetings of the board of
  704  administration, shareholder meetings, except shareholder
  705  meetings called to recall board members under paragraph (f), and
  706  committee meetings may be given by electronic transmission to
  707  unit owners who consent to receive notice by electronic
  708  transmission.
  709         4. Unit owners have the right to participate in meetings of
  710  unit owners with reference to all designated agenda items.
  711  However, the association may adopt reasonable rules governing
  712  the frequency, duration, and manner of unit owner participation.
  713         5. Any unit owner may tape record or videotape meetings of
  714  the unit owners subject to reasonable rules adopted by the
  715  division.
  716         6. Unless otherwise provided in the bylaws, a vacancy
  717  occurring on the board before the expiration of a term may be
  718  filled by the affirmative vote of the majority of the remaining
  719  directors, even if the remaining directors constitute less than
  720  a quorum, or by the sole remaining director. In the alternative,
  721  a board may hold an election to fill the vacancy, in which case
  722  the election procedures must conform to the requirements of
  723  subparagraph 1. unless the association has opted out of the
  724  statutory election process, in which case the bylaws of the
  725  association control. Unless otherwise provided in the bylaws, a
  726  board member appointed or elected under this subparagraph shall
  727  fill the vacancy for the unexpired term of the seat being
  728  filled. Filling vacancies created by recall is governed by
  729  paragraph (f) and rules adopted by the division.
  730  
  731  Notwithstanding subparagraphs (b)2. and (d)1., an association
  732  may, by the affirmative vote of a majority of the total voting
  733  interests, provide for a different voting and election procedure
  734  in its bylaws, which vote may be by a proxy specifically
  735  delineating the different voting and election procedures. The
  736  different voting and election procedures may provide for
  737  elections to be conducted by limited or general proxy.
  738         Section 10. Subsections (3) and (4) of section 719.108,
  739  Florida Statutes, are amended to read:
  740         719.108 Rents and assessments; liability; lien and
  741  priority; interest; collection; cooperative ownership.—
  742         (3) Rents and assessments, and installments on them, not
  743  paid when due bear interest at the rate provided in the
  744  cooperative documents from the date due until paid. This rate
  745  may not exceed the rate allowed by law and, if a rate is not
  746  provided in the cooperative documents, accrues at 18 percent per
  747  annum. If the cooperative documents or bylaws so provide, the
  748  association may charge an administrative late fee in addition to
  749  such interest, not to exceed the greater of $25 or 5 percent of
  750  each installment of the assessment for each delinquent
  751  installment that the payment is late. Any payment received by an
  752  association must be applied first to any interest accrued by the
  753  association, then to any administrative late fee, then to any
  754  costs and reasonable attorney fees incurred in collection, and
  755  then to the delinquent assessment. The foregoing applies
  756  notwithstanding s. 673.3111, any purported accord and
  757  satisfaction, or any restrictive endorsement, designation, or
  758  instruction placed on or accompanying a payment. The preceding
  759  sentence is intended to clarify existing law. A late fee is not
  760  subject to chapter 687 or s. 719.303(4).
  761         (4) The association has a lien on each cooperative parcel
  762  for any unpaid rents and assessments, plus interest, and any
  763  authorized administrative late fees. If authorized by the
  764  cooperative documents, the lien also secures reasonable attorney
  765  fees incurred by the association incident to the collection of
  766  the rents and assessments or enforcement of such lien. The lien
  767  is effective from and after recording a claim of lien in the
  768  public records in the county in which the cooperative parcel is
  769  located which states the description of the cooperative parcel,
  770  the name of the unit owner, the amount due, and the due dates.
  771  Except as otherwise provided in this chapter, a lien may not be
  772  filed by the association against a cooperative parcel until 30
  773  days after the date on which a notice of intent to file a lien
  774  has been delivered to the owner.
  775         (a) The notice must be sent to the unit owner at the
  776  address of the unit by first-class United States mail, and the
  777  notice must be in substantially the following form:
  778  
  779                          NOTICE OF INTENT                         
  780                      TO RECORD A CLAIM OF LIEN                    
  781  
  782         RE: Unit ...(unit number)... of ...(name of
  783         cooperative)...
  784  
  785         The following amounts are currently due on your
  786         account to ...(name of association)..., and must be
  787         paid within 30 days after your receipt of this letter.
  788         This letter shall serve as the association’s notice of
  789         intent to record a Claim of Lien against your property
  790         no sooner than 30 days after your receipt of this
  791         letter, unless you pay in full the amounts set forth
  792         below:
  793  
  794         Maintenance due ...(dates)...                      $.....
  795         Late fee, if applicable                            $.....
  796         Interest through ...(dates)...*                    $.....
  797         Certified mail charges                             $.....
  798         Other costs                                        $.....
  799         TOTAL OUTSTANDING                                  $.....
  800  
  801         *Interest accrues at the rate of .... percent per
  802         annum.
  803         1. If the most recent address of the unit owner on the
  804  records of the association is the address of the unit, the
  805  notice must be sent by certified mail, return receipt requested,
  806  to the unit owner at the address of the unit.
  807         2. If the most recent address of the unit owner on the
  808  records of the association is in the United States, but is not
  809  the address of the unit, the notice must be sent by certified
  810  mail, return receipt requested, to the unit owner at his or her
  811  most recent address.
  812         3. If the most recent address of the unit owner on the
  813  records of the association is not in the United States, the
  814  notice must be sent by first-class United States mail to the
  815  unit owner at his or her most recent address.
  816         (b) A notice that is sent pursuant to this subsection is
  817  deemed delivered upon mailing. A claim of lien must be executed
  818  and acknowledged by an officer or authorized agent of the
  819  association. The lien is not effective 1 year after the claim of
  820  lien was recorded unless, within that time, an action to enforce
  821  the lien is commenced. The 1-year period is automatically
  822  extended for any length of time during which the association is
  823  prevented from filing a foreclosure action by an automatic stay
  824  resulting from a bankruptcy petition filed by the parcel owner
  825  or any other person claiming an interest in the parcel. The
  826  claim of lien secures all unpaid rents and assessments that are
  827  due and that may accrue after the claim of lien is recorded and
  828  through the entry of a final judgment, as well as interest and
  829  all reasonable costs and attorney fees incurred by the
  830  association incident to the collection process. Upon payment in
  831  full, the person making the payment is entitled to a
  832  satisfaction of the lien.
  833         (c) By recording a notice in substantially the following
  834  form, a unit owner or the unit owner’s agent or attorney may
  835  require the association to enforce a recorded claim of lien
  836  against his or her cooperative parcel:
  837  
  838                      NOTICE OF CONTEST OF LIEN                    
  839  
  840         TO: ...(Name and address of association)...:
  841  
  842         You are notified that the undersigned contests the
  843         claim of lien filed by you on ...., ...(year)..., and
  844         recorded in Official Records Book .... at Page ....,
  845         of the public records of .... County, Florida, and
  846         that the time within which you may file suit to
  847         enforce your lien is limited to 90 days from the date
  848         of service of this notice. Executed this .... day of
  849         ...., ...(year)....
  850         Signed: ...(Owner or Attorney)...
  851  
  852  After notice of contest of lien has been recorded, the clerk of
  853  the circuit court shall mail a copy of the recorded notice to
  854  the association by certified mail, return receipt requested, at
  855  the address shown in the claim of lien or most recent amendment
  856  to it and shall certify to the service on the face of the
  857  notice. Service is complete upon mailing. After service, the
  858  association has 90 days in which to file an action to enforce
  859  the lien. If the action is not filed within the 90-day period,
  860  the lien is void. However, the 90-day period shall be extended
  861  for any length of time during which the association is prevented
  862  from filing its action because of an automatic stay resulting
  863  from the filing of a bankruptcy petition by the unit owner or by
  864  any other person claiming an interest in the parcel.
  865         (d) A release of lien must be in substantially the
  866  following form:
  867  
  868                           RELEASE OF LIEN                         
  869  
  870  The undersigned lienor, in consideration of the final payment in
  871  the amount of $...., hereby waives and releases its lien and
  872  right to claim a lien for unpaid assessments through ....,
  873  ...(year)..., recorded in the Official Records Book .... at Page
  874  ...., of the public records of .... County, Florida, for the
  875  following described real property:
  876  
  877         THAT COOPERATIVE PARCEL WHICH INCLUDES UNIT NO. ....
  878         OF ...(NAME OF COOPERATIVE)..., A COOPERATIVE AS SET
  879         FORTH IN THE COOPERATIVE DOCUMENTS AND THE EXHIBITS
  880         ANNEXED THERETO AND FORMING A PART THEREOF, RECORDED
  881         IN OFFICIAL RECORDS BOOK ...., PAGE ...., OF THE
  882         PUBLIC RECORDS OF .... COUNTY, FLORIDA.
  883  
  884  ...(Signature of Authorized Agent)...           ...(Signature of
  885  Witness)...
  886  ...(Print Name)...                            ...(Print Name)...
  887  
  888  ...(Signature of Witness)...
  889  ...(Print Name)...
  890  
  891  Sworn to (or affirmed) and subscribed before me this .... day of
  892  ...., ...(year)..., by ...(name of person making statement)....
  893  ...(Signature of Notary Public)...
  894  ...(Print, type, or stamp commissioned name of Notary Public)...
  895  Personally Known .... OR Produced .... as identification.
  896         Section 11. Section 719.129, Florida Statutes, is created
  897  to read:
  898         719.129 Electronic voting.—The association may conduct
  899  elections and other unit owner votes through an Internet-based
  900  online voting system if a unit owner consents, in writing, to
  901  online voting and if the following requirements are met:
  902         (1) The association provides each unit owner with:
  903         (a) A method to authenticate the unit owner’s identity to
  904  the online voting system.
  905         (b) For elections of the board, a method to transmit an
  906  electronic ballot to the online voting system which ensures the
  907  secrecy and integrity of each ballot.
  908         (c) A method to confirm, at least 14 days before the voting
  909  deadline, that the unit owner’s electronic device can
  910  successfully communicate with the online voting system.
  911         (2) The association uses an online voting system that is:
  912         (a) Able to authenticate the unit owner’s identity.
  913         (b) Able to authenticate the validity of each electronic
  914  vote to ensure that the vote is not altered in transit.
  915         (c) Able to transmit a receipt from the online voting
  916  system to each unit owner who casts an electronic vote.
  917         (d) For elections of the board of administration, able to
  918  permanently separate any authentication or identifying
  919  information from the electronic election ballot, rendering it
  920  impossible to tie an election ballot to a specific unit owner.
  921         (e) Able to store and keep electronic votes accessible to
  922  election officials for recount, inspection, and review purposes.
  923         (3) A unit owner voting electronically pursuant to this
  924  section shall be counted as being in attendance at the meeting
  925  for purposes of determining a quorum. A substantive vote of the
  926  unit owners may not be taken on any issue other than the issues
  927  specifically identified in the electronic vote, when a quorum is
  928  established based on unit owners voting electronically pursuant
  929  to this section.
  930         (4) This section applies to an association that provides
  931  for and authorizes an online voting system pursuant to this
  932  section by a board resolution. The board resolution must provide
  933  that unit owners receive notice of the opportunity to vote
  934  through an online voting system, must establish reasonable
  935  procedures and deadlines for unit owners to consent, in writing,
  936  to online voting, and must establish reasonable procedures and
  937  deadlines for unit owners to opt out of online voting after
  938  giving consent. Written notice of a meeting at which the
  939  resolution will be considered must be mailed, delivered, or
  940  electronically transmitted to the unit owners and posted
  941  conspicuously on the condominium property or association
  942  property at least 14 days before the meeting. Evidence of
  943  compliance with the 14-day notice requirement must be made by an
  944  affidavit executed by the person providing the notice and filed
  945  with the official records of the association.
  946         (5) A unit owner’s consent to online voting is valid until
  947  the unit owner opts out of online voting pursuant to the
  948  procedures established by the board of administration pursuant
  949  to subsection (4).
  950         (6) This section may apply to any matter that requires a
  951  vote of the unit owners who are not members of a timeshare
  952  cooperative association.
  953         Section 12. Subsection (3) of section 719.303, Florida
  954  Statutes, is amended to read:
  955         719.303 Obligations of owners.—
  956         (3) The association may levy reasonable fines for failure
  957  of the unit owner or the unit’s occupant, licensee, or invitee
  958  to comply with any provision of the cooperative documents or
  959  reasonable rules of the association. A fine may not become a
  960  lien against a unit. A fine may be levied by the board on the
  961  basis of each day of a continuing violation, with a single
  962  notice and opportunity for hearing before a committee as
  963  provided in paragraph (b). However, the fine may not exceed $100
  964  per violation, or $1,000 in the aggregate.
  965         (a) An association may suspend, for a reasonable period of
  966  time, the right of a unit owner, or a unit owner’s tenant,
  967  guest, or invitee, to use the common elements, common
  968  facilities, or any other association property for failure to
  969  comply with any provision of the cooperative documents or
  970  reasonable rules of the association. This paragraph does not
  971  apply to limited common elements intended to be used only by
  972  that unit, common elements needed to access the unit, utility
  973  services provided to the unit, parking spaces, or elevators.
  974         (b) A fine or suspension levied by the board of
  975  administration may not be imposed unless the board first
  976  provides at least 14 days’ written except after giving
  977  reasonable notice and an opportunity for a hearing to the unit
  978  owner and, if applicable, its occupant, the unit’s licensee, or
  979  invitee. The hearing must be held before a committee of other
  980  unit owners who are neither board members nor persons residing
  981  in a board member’s household. The role of the committee is
  982  limited to determining whether to confirm or reject the fine or
  983  suspension levied by the board. If the committee does not agree
  984  with the fine or suspension, it may not be imposed.
  985         Section 13. Subsection (8) of section 720.301, Florida
  986  Statutes, is amended to read:
  987         720.301 Definitions.—As used in this chapter, the term:
  988         (8) “Governing documents” means:
  989         (a) The recorded declaration of covenants for a community,
  990  and all duly adopted and recorded amendments, supplements, and
  991  recorded exhibits thereto; and
  992         (b) The articles of incorporation and bylaws of the
  993  homeowners’ association, and any duly adopted amendments
  994  thereto; and
  995         (c) Rules and regulations adopted under the authority of
  996  the recorded declaration, articles of incorporation, or bylaws
  997  and duly adopted amendments thereto.
  998         Section 14. Section 720.3015, Florida Statutes, is created
  999  to read:
 1000         720.3015 Short title.—This chapter may be cited as the
 1001  “Homeowners’ Association Act.”
 1002         Section 15. Paragraph (c) of subsection (2) of section
 1003  720.303, Florida Statutes, is amended to read:
 1004         720.303 Association powers and duties; meetings of board;
 1005  official records; budgets; financial reporting; association
 1006  funds; recalls.—
 1007         (2) BOARD MEETINGS.—
 1008         (c) The bylaws shall provide for giving notice to parcel
 1009  owners and members of all board meetings and, if they do not do
 1010  so, shall be deemed to provide the following:
 1011         1. Notices of all board meetings must be posted in a
 1012  conspicuous place in the community at least 48 hours in advance
 1013  of a meeting, except in an emergency. In the alternative, if
 1014  notice is not posted in a conspicuous place in the community,
 1015  notice of each board meeting must be mailed or delivered to each
 1016  member at least 7 days before the meeting, except in an
 1017  emergency. Notwithstanding this general notice requirement, for
 1018  communities with more than 100 members, the bylaws may provide
 1019  for a reasonable alternative to posting or mailing of notice for
 1020  each board meeting, including publication of notice, provision
 1021  of a schedule of board meetings, or the conspicuous posting and
 1022  repeated broadcasting of the notice on a closed-circuit cable
 1023  television system serving the homeowners’ association. However,
 1024  if broadcast notice is used in lieu of a notice posted
 1025  physically in the community, the notice must be broadcast at
 1026  least four times every broadcast hour of each day that a posted
 1027  notice is otherwise required. When broadcast notice is provided,
 1028  the notice and agenda must be broadcast in a manner and for a
 1029  sufficient continuous length of time so as to allow an average
 1030  reader to observe the notice and read and comprehend the entire
 1031  content of the notice and the agenda. The association bylaws or
 1032  amended bylaws may provide for giving notice by electronic
 1033  transmission in a manner authorized by law for meetings of the
 1034  board of directors, committee meetings requiring notice under
 1035  this section, and annual and special meetings of the members;
 1036  however, a member must consent in writing to receiving notice by
 1037  electronic transmission.
 1038         2. An assessment may not be levied at a board meeting
 1039  unless the notice of the meeting includes a statement that
 1040  assessments will be considered and the nature of the
 1041  assessments. Written notice of any meeting at which special
 1042  assessments will be considered or at which amendments to rules
 1043  regarding parcel use will be considered must be mailed,
 1044  delivered, or electronically transmitted to the members and
 1045  parcel owners and posted conspicuously on the property or
 1046  broadcast on closed-circuit cable television not less than 14
 1047  days before the meeting.
 1048         3. Directors may not vote by proxy or by secret ballot at
 1049  board meetings, except that secret ballots may be used in the
 1050  election of officers. This subsection also applies to the
 1051  meetings of any committee or other similar body, when a final
 1052  decision will be made regarding the expenditure of association
 1053  funds, and to any body vested with the power to approve or
 1054  disapprove architectural decisions with respect to a specific
 1055  parcel of residential property owned by a member of the
 1056  community.
 1057  
 1058  ================= T I T L E  A M E N D M E N T ================
 1059  And the title is amended as follows:
 1060         Delete lines 9 - 38
 1061  and insert:
 1062         amending s. 718.112, F.S.; authorizing the electronic
 1063         transmission of notices of certain meetings of a
 1064         condominium association regardless of whether
 1065         authorized by the association’s bylaws; revising
 1066         provisions relating to the voting process for waiving
 1067         or reducing reserves; amending s. 718.116, F.S.;
 1068         revising applicability; revising effect of a claim of
 1069         lien; creating s. 718.128, F.S.; authorizing
 1070         condominium associations to conduct votes of the
 1071         membership and other unit owner votes by online voting
 1072         under certain conditions; providing that a member
 1073         voting electronically is counted toward the
 1074         determination of a quorum; providing applicability;
 1075         amending s. 718.303, F.S.; providing that a fine may
 1076         be levied by the association’s board under certain
 1077         conditions; revising requirements for levying a fine
 1078         or suspension; revising provisions relating to voting
 1079         interests; providing applicability; amending s.
 1080         718.707, F.S.; extending the time period for
 1081         classification as bulk assignee or bulk buyer;
 1082         amending s. 719.104, F.S.; revising what constitutes
 1083         the official records of an association; amending s.
 1084         719.106, F.S.; authorizing the electronic transmission
 1085         of notices of certain meetings of a cooperative
 1086         association regardless of whether authorized by the
 1087         association’s bylaws; amending s. 719.108, F.S.;
 1088         revising applicability; revising effect of a claim of
 1089         lien; creating s. 719.129, F.S.; authorizing
 1090         cooperative associations to conduct votes of the
 1091         membership and other unit owner votes by online voting
 1092         under certain conditions; providing that a member
 1093         voting electronically is counted toward the
 1094         determination of a quorum; providing applicability;
 1095         amending s. 719.303, F.S.; providing that a fine may
 1096         be levied by the board under certain conditions;
 1097         revising requirements for levying a fine or
 1098         suspension; amending s. 720.301, F.S.; revising the
 1099         definition of the term “governing documents”; creating
 1100         s. 720.3015, F.S.; providing a short title; amending
 1101         s. 720.303, F.S.; authorizing the electronic
 1102         transmission of notices of certain meetings of a
 1103         homeowners’ association regardless of whether
 1104         authorized by the association’s bylaws; amending