Florida Senate - 2015                        COMMITTEE AMENDMENT
       Bill No. CS for CS for SB 748
       
       
       
       
       
       
                                Ì842882?Î842882                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  04/21/2015           .                                
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       The Committee on Fiscal Policy (Bradley) recommended the
       following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Subsection (2) of section 617.0721, Florida
    6  Statutes, is amended to read:
    7         617.0721 Voting by members.—
    8         (2) A member who is entitled to vote may vote in person or,
    9  unless the articles of incorporation or the bylaws otherwise
   10  provide, may vote by proxy executed in writing by the member or
   11  by his or her duly authorized attorney in fact. Notwithstanding
   12  any provision to the contrary in the articles of incorporation
   13  or bylaws, any copy, facsimile transmission, or other reliable
   14  reproduction of the original proxy may be substituted or used in
   15  lieu of the original proxy for any purpose for which the
   16  original proxy could be used if the copy, facsimile
   17  transmission, or other reproduction is a complete reproduction
   18  of the entire proxy. An appointment of a proxy is not valid
   19  after 11 months following the date of its execution unless
   20  otherwise provided in the proxy.
   21         (a) If directors or officers are to be elected by members,
   22  the bylaws may provide that such elections may be conducted by
   23  mail.
   24         (b) A corporation may reject a vote, consent, waiver, or
   25  proxy appointment if the secretary or other officer or agent
   26  authorized to tabulate votes, acting in good faith, has a
   27  reasonable basis for doubting the validity of the signature on
   28  it or the signatory’s authority to sign for the member.
   29         Section 2. Paragraph (j) of subsection (11) and paragraph
   30  (a) of subsection (12) of section 718.111, Florida Statutes, are
   31  amended to read:
   32         718.111 The association.—
   33         (11) INSURANCE.—In order to protect the safety, health, and
   34  welfare of the people of the State of Florida and to ensure
   35  consistency in the provision of insurance coverage to
   36  condominiums and their unit owners, this subsection applies to
   37  every residential condominium in the state, regardless of the
   38  date of its declaration of condominium. It is the intent of the
   39  Legislature to encourage lower or stable insurance premiums for
   40  associations described in this subsection.
   41         (j) Any portion of the condominium property that must be
   42  insured by the association against property loss pursuant to
   43  paragraph (f) which is damaged by an insurable event shall be
   44  reconstructed, repaired, or replaced as necessary by the
   45  association as a common expense. In the absence of an insurable
   46  event, the association or the unit owners shall be responsible
   47  for the reconstruction, repair, or replacement, as determined by
   48  the maintenance provisions of the declaration or bylaws. All
   49  property insurance deductibles, uninsured losses, and other
   50  damages in excess of property insurance coverage under the
   51  property insurance policies maintained by the association are a
   52  common expense of the condominium, except that:
   53         1. A unit owner is responsible for the costs of repair or
   54  replacement of any portion of the condominium property not paid
   55  by insurance proceeds if such damage is caused by intentional
   56  conduct, negligence, or failure to comply with the terms of the
   57  declaration or the rules of the association by a unit owner, the
   58  members of his or her family, unit occupants, tenants, guests,
   59  or invitees, without compromise of the subrogation rights of the
   60  insurer.
   61         2. The provisions of subparagraph 1. regarding the
   62  financial responsibility of a unit owner for the costs of
   63  repairing or replacing other portions of the condominium
   64  property also apply to the costs of repair or replacement of
   65  personal property of other unit owners or the association, as
   66  well as other property, whether real or personal, which the unit
   67  owners are required to insure.
   68         3. To the extent the cost of repair or reconstruction for
   69  which the unit owner is responsible under this paragraph is
   70  reimbursed to the association by insurance proceeds, and the
   71  association has collected the cost of such repair or
   72  reconstruction from the unit owner, the association shall
   73  reimburse the unit owner without the waiver of any rights of
   74  subrogation.
   75         4. The association is not obligated to pay for
   76  reconstruction or repairs of property losses as a common expense
   77  if the property losses were known or should have been known to a
   78  unit owner and were not reported to the association until after
   79  the insurance claim of the association for that property was
   80  settled or resolved with finality, or denied because it was
   81  untimely filed.
   82         (12) OFFICIAL RECORDS.—
   83         (a) From the inception of the association, the association
   84  shall maintain each of the following items, if applicable, which
   85  constitutes the official records of the association:
   86         1. A copy of the plans, permits, warranties, and other
   87  items provided by the developer pursuant to s. 718.301(4).
   88         2. A photocopy of the recorded declaration of condominium
   89  of each condominium operated by the association and each
   90  amendment to each declaration.
   91         3. A photocopy of the recorded bylaws of the association
   92  and each amendment to the bylaws.
   93         4. A certified copy of the articles of incorporation of the
   94  association, or other documents creating the association, and
   95  each amendment thereto.
   96         5. A copy of the current rules of the association.
   97         6. A book or books that contain the minutes of all meetings
   98  of the association, the board of administration, and the unit
   99  owners, which minutes must be retained for at least 7 years.
  100         7. A current roster of all unit owners and their mailing
  101  addresses, unit identifications, voting certifications, and, if
  102  known, telephone numbers. The association shall also maintain
  103  the electronic mailing addresses and facsimile numbers of unit
  104  owners consenting to receive notice by electronic transmission.
  105  The electronic mailing addresses and facsimile numbers are not
  106  accessible to unit owners if consent to receive notice by
  107  electronic transmission is not provided in accordance with
  108  subparagraph (c)5. However, the association is not liable for an
  109  inadvertent disclosure of the electronic mail address or
  110  facsimile number for receiving electronic transmission of
  111  notices.
  112         8. All current insurance policies of the association and
  113  condominiums operated by the association.
  114         9. A current copy of any management agreement, lease, or
  115  other contract to which the association is a party or under
  116  which the association or the unit owners have an obligation or
  117  responsibility.
  118         10. Bills of sale or transfer for all property owned by the
  119  association.
  120         11. Accounting records for the association and separate
  121  accounting records for each condominium that the association
  122  operates. All accounting records must be maintained for at least
  123  7 years. Any person who knowingly or intentionally defaces or
  124  destroys such records, or who knowingly or intentionally fails
  125  to create or maintain such records, with the intent of causing
  126  harm to the association or one or more of its members, is
  127  personally subject to a civil penalty pursuant to s.
  128  718.501(1)(d). The accounting records must include, but are not
  129  limited to:
  130         a. Accurate, itemized, and detailed records of all receipts
  131  and expenditures.
  132         b. A current account and a monthly, bimonthly, or quarterly
  133  statement of the account for each unit designating the name of
  134  the unit owner, the due date and amount of each assessment, the
  135  amount paid on the account, and the balance due.
  136         c. All audits, reviews, accounting statements, and
  137  financial reports of the association or condominium.
  138         d. All contracts for work to be performed. Bids for work to
  139  be performed are also considered official records and must be
  140  maintained by the association.
  141         12. Ballots, sign-in sheets, voting proxies, and all other
  142  papers relating to voting by unit owners, which must be
  143  maintained for 1 year from the date of the election, vote, or
  144  meeting to which the document relates, notwithstanding paragraph
  145  (b).
  146         13. All rental records if the association is acting as
  147  agent for the rental of condominium units.
  148         14. A copy of the current question and answer sheet as
  149  described in s. 718.504.
  150         15. All other written records of the association not
  151  specifically included in the foregoing which are related to the
  152  operation of the association.
  153         16. A copy of the inspection report as described in s.
  154  718.301(4)(p).
  155         Section 3. Paragraph (f) of subsection (2) of section
  156  718.112, Florida Statutes, is amended to read:
  157         718.112 Bylaws.—
  158         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  159  following and, if they do not do so, shall be deemed to include
  160  the following:
  161         (f) Annual budget.—
  162         1. The proposed annual budget of estimated revenues and
  163  expenses must be detailed and must show the amounts budgeted by
  164  accounts and expense classifications, including, at a minimum,
  165  any if applicable, but not limited to, those expenses listed in
  166  s. 718.504(21). A multicondominium association shall adopt a
  167  separate budget of common expenses for each condominium the
  168  association operates and shall adopt a separate budget of common
  169  expenses for the association. In addition, if the association
  170  maintains limited common elements with the cost to be shared
  171  only by those entitled to use the limited common elements as
  172  provided for in s. 718.113(1), the budget or a schedule attached
  173  to it must show the amount budgeted for this maintenance. If,
  174  after turnover of control of the association to the unit owners,
  175  any of the expenses listed in s. 718.504(21) are not applicable,
  176  they need not be listed.
  177         2.a. In addition to annual operating expenses, the budget
  178  must include reserve accounts for capital expenditures and
  179  deferred maintenance. These accounts must include, but are not
  180  limited to, roof replacement, building painting, and pavement
  181  resurfacing, regardless of the amount of deferred maintenance
  182  expense or replacement cost, and for any other item that has a
  183  deferred maintenance expense or replacement cost that exceeds
  184  $10,000. The amount to be reserved must be computed using a
  185  formula based upon estimated remaining useful life and estimated
  186  replacement cost or deferred maintenance expense of each reserve
  187  item. The association may adjust replacement reserve assessments
  188  annually to take into account any changes in estimates or
  189  extension of the useful life of a reserve item caused by
  190  deferred maintenance. This subsection does not apply to an
  191  adopted budget in which the members of an association have
  192  determined, by a majority vote at a duly called meeting of the
  193  association, to provide no reserves or less reserves than
  194  required by this subsection.
  195         b. Before However, prior to turnover of control of an
  196  association by a developer to unit owners other than a developer
  197  pursuant to s. 718.301, the developer may vote the voting
  198  interests allocated to its units to waive the reserves or reduce
  199  the funding of reserves through the period expiring at the end
  200  of the second fiscal year after the fiscal year in which the
  201  certificate of a surveyor and mapper is recorded pursuant to s.
  202  718.104(4)(e) or an instrument that transfers title to a unit in
  203  the condominium which is not accompanied by a recorded
  204  assignment of developer rights in favor of the grantee of such
  205  unit is recorded, whichever occurs first, after which time
  206  reserves may be waived or reduced only upon the vote of a
  207  majority of all nondeveloper voting interests voting in person
  208  or by limited proxy at a duly called meeting of the association.
  209  If a meeting of the unit owners has been called to determine
  210  whether to waive or reduce the funding of reserves, and no such
  211  result is achieved or a quorum is not attained, the reserves
  212  included in the budget shall go into effect. After the turnover,
  213  the developer may vote its voting interest to waive or reduce
  214  the funding of reserves.
  215         3. Reserve funds and any interest accruing thereon shall
  216  remain in the reserve account or accounts, and may be used only
  217  for authorized reserve expenditures unless their use for other
  218  purposes is approved in advance by a majority vote at a duly
  219  called meeting of the association. Before Prior to turnover of
  220  control of an association by a developer to unit owners other
  221  than the developer pursuant to s. 718.301, the developer
  222  controlled association may shall not vote to use reserves for
  223  purposes other than those that for which they were intended
  224  without the approval of a majority of all nondeveloper voting
  225  interests, voting in person or by limited proxy at a duly called
  226  meeting of the association.
  227         4. The only voting interests that are eligible to vote on
  228  questions that involve waiving or reducing the funding of
  229  reserves, or using existing reserve funds for purposes other
  230  than purposes for which the reserves were intended, are the
  231  voting interests of the units subject to assessment to fund the
  232  reserves in question. Proxy questions relating to waiving or
  233  reducing the funding of reserves or using existing reserve funds
  234  for purposes other than purposes for which the reserves were
  235  intended must shall contain the following statement in
  236  capitalized, bold letters in a font size larger than any other
  237  used on the face of the proxy ballot: WAIVING OF RESERVES, IN
  238  WHOLE OR IN PART, OR ALLOWING ALTERNATIVE USES OF EXISTING
  239  RESERVES MAY RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF
  240  UNANTICIPATED SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
  241         Section 4. Subsection (3) and paragraph (b) of subsection
  242  (5) of section 718.116, Florida Statutes, are amended to read:
  243         718.116 Assessments; liability; lien and priority;
  244  interest; collection.—
  245         (3) Assessments and installments on assessments which are
  246  not paid when due bear interest at the rate provided in the
  247  declaration, from the due date until paid. The rate may not
  248  exceed the rate allowed by law, and, if no rate is provided in
  249  the declaration, interest accrues at the rate of 18 percent per
  250  year. If provided by the declaration or bylaws, the association
  251  may, in addition to such interest, charge an administrative late
  252  fee of up to the greater of $25 or 5 percent of each delinquent
  253  installment for which the payment is late. Any payment received
  254  by an association must be applied first to any interest accrued
  255  by the association, then to any administrative late fee, then to
  256  any costs and reasonable attorney attorney’s fees incurred in
  257  collection, and then to the delinquent assessment. The foregoing
  258  is applicable notwithstanding s. 673.3111, any purported accord
  259  and satisfaction, or any restrictive endorsement, designation,
  260  or instruction placed on or accompanying a payment. The
  261  preceding sentence is intended to clarify existing law. A late
  262  fee is not subject to chapter 687 or s. 718.303(4).
  263         (5)
  264         (b) To be valid, a claim of lien must state the description
  265  of the condominium parcel, the name of the record owner, the
  266  name and address of the association, the amount due, and the due
  267  dates. It must be executed and acknowledged by an officer or
  268  authorized agent of the association. The lien is not effective 1
  269  year after the claim of lien was recorded unless, within that
  270  time, an action to enforce the lien is commenced. The 1-year
  271  period is automatically extended for any length of time during
  272  which the association is prevented from filing a foreclosure
  273  action by an automatic stay resulting from a bankruptcy petition
  274  filed by the parcel owner or any other person claiming an
  275  interest in the parcel. The claim of lien secures all unpaid
  276  assessments that are due and that may accrue after the claim of
  277  lien is recorded and through the entry of a final judgment, as
  278  well as interest, administrative late fees, and all reasonable
  279  costs and attorney attorney’s fees incurred by the association
  280  incident to the collection process. Upon payment in full, the
  281  person making the payment is entitled to a satisfaction of the
  282  lien.
  283         Section 5. Section 718.128, Florida Statutes, is created to
  284  read:
  285         718.128 Electronic voting.—The association may conduct
  286  elections and other unit owner votes through an Internet-based
  287  online voting system if a unit owner consents, in writing, to
  288  online voting and if the following requirements are met:
  289         (1) The association provides each unit owner with:
  290         (a) A method to authenticate the unit owner’s identity to
  291  the online voting system.
  292         (b) For elections of the board, a method to transmit an
  293  electronic ballot to the online voting system that ensures the
  294  secrecy and integrity of each ballot.
  295         (c) A method to confirm, at least 14 days before the voting
  296  deadline, that the unit owner’s electronic device can
  297  successfully communicate with the online voting system.
  298         (2) The association uses an online voting system that can:
  299         (a) Authenticate the unit owner’s identity.
  300         (b) Authenticate the validity of each electronic vote to
  301  ensure that the vote is not altered in transit.
  302         (c) Transmit a receipt from the online voting system to
  303  each unit owner who casts an electronic vote.
  304         (d) Permanently separate any authentication or identifying
  305  information from the electronic election ballot, rendering it
  306  impossible to tie an election ballot to a specific unit owner.
  307  This paragraph only applies to elections of the board of
  308  administration.
  309         (e) Store and keep electronic votes accessible to election
  310  officials for recount, inspection, and review purposes.
  311         (3) A unit owner voting electronically pursuant to this
  312  section shall be counted as being in attendance at the meeting
  313  for purposes of determining a quorum. A substantive vote of the
  314  unit owners may not be taken on any issue other than the issues
  315  specifically identified in the electronic vote when a quorum is
  316  established based on unit owners voting electronically pursuant
  317  to this section.
  318         (4) This section applies to an association that provides
  319  for and authorizes an online voting system pursuant to this
  320  section by a board resolution. The board resolution must provide
  321  that unit owners receive notice of the opportunity to vote
  322  through an online voting system, must establish reasonable
  323  procedures and deadlines for unit owners to consent, in writing,
  324  to online voting, and must establish reasonable procedures and
  325  deadlines for unit owners to opt out of online voting after
  326  giving consent. Written notice of a meeting at which the
  327  resolution will be considered must be mailed, delivered, or
  328  electronically transmitted to the unit owners and posted
  329  conspicuously on the condominium property or association
  330  property at least 14 days before the meeting. Evidence of
  331  compliance with the 14-day notice requirement must be made by an
  332  affidavit executed by the person providing the notice and filed
  333  with the official records of the association.
  334         (5) A unit owner’s consent to online voting is valid until
  335  the unit owner opts out of online voting according to the
  336  procedures established by the board of administration pursuant
  337  to subsection (4).
  338         (6) Except for timeshare condominium associations, this
  339  section may apply to any matter that requires a vote of the unit
  340  owners.
  341         Section 6. Subsections (3), (4), and (5) of section
  342  718.303, Florida Statutes, are amended, and subsection (7) is
  343  added to that section, to read:
  344         718.303 Obligations of owners and occupants; remedies.—
  345         (3) The association may levy reasonable fines for the
  346  failure of the owner of the unit or its occupant, licensee, or
  347  invitee to comply with any provision of the declaration, the
  348  association bylaws, or reasonable rules of the association. A
  349  fine may not become a lien against a unit. A fine may be levied
  350  by the board on the basis of each day of a continuing violation,
  351  with a single notice and opportunity for hearing before a
  352  committee as provided in paragraph (b). However, the fine may
  353  not exceed $100 per violation, or $1,000 in the aggregate.
  354         (a) An association may suspend, for a reasonable period of
  355  time, the right of a unit owner, or a unit owner’s tenant,
  356  guest, or invitee, to use the common elements, common
  357  facilities, or any other association property for failure to
  358  comply with any provision of the declaration, the association
  359  bylaws, or reasonable rules of the association. This paragraph
  360  does not apply to limited common elements intended to be used
  361  only by that unit, common elements needed to access the unit,
  362  utility services provided to the unit, parking spaces, or
  363  elevators.
  364         (b) A fine or suspension levied by the board of
  365  administration may not be imposed unless the board association
  366  first provides at least 14 days’ written notice and an
  367  opportunity for a hearing to the unit owner and, if applicable,
  368  its occupant, licensee, or invitee. The hearing must be held
  369  before a committee of other unit owners who are neither board
  370  members nor persons residing in a board member’s household. The
  371  role of the committee is limited to determining whether to
  372  confirm or reject the fine or suspension levied by the board. If
  373  the committee does not agree, the fine or suspension may not be
  374  imposed.
  375         (4) If a unit owner is more than 90 days delinquent in
  376  paying a fee, fine, or other monetary obligation due to the
  377  association, the association may suspend the right of the unit
  378  owner or the unit’s occupant, licensee, or invitee to use common
  379  elements, common facilities, or any other association property
  380  until the fee, fine, or other monetary obligation is paid in
  381  full. This subsection does not apply to limited common elements
  382  intended to be used only by that unit, common elements needed to
  383  access the unit, utility services provided to the unit, parking
  384  spaces, or elevators. The notice and hearing requirements under
  385  subsection (3) do not apply to suspensions imposed under this
  386  subsection.
  387         (5) An association may suspend the voting rights of a unit
  388  or member due to nonpayment of any fee, fine, or other monetary
  389  obligation due to the association which is more than 90 days
  390  delinquent. A voting interest or consent right allocated to a
  391  unit or member which has been suspended by the association shall
  392  be subtracted from may not be counted towards the total number
  393  of voting interests in the association, which shall be reduced
  394  by the number of suspended voting interests when calculating the
  395  total percentage or number of all voting interests available to
  396  take or approve any action, and the suspended voting interests
  397  may not be considered for any purpose, including, but not
  398  limited to, the percentage or number of voting interests
  399  necessary to constitute a quorum, the percentage or number of
  400  voting interests required to conduct an election, or the
  401  percentage or number of voting interests required to approve an
  402  action under this chapter or pursuant to the declaration,
  403  articles of incorporation, or bylaws. The suspension ends upon
  404  full payment of all obligations currently due or overdue the
  405  association. The notice and hearing requirements under
  406  subsection (3) do not apply to a suspension imposed under this
  407  subsection.
  408         (7) The suspensions permitted by paragraph (3)(a) and
  409  subsections (4) and (5) apply to a member and, when appropriate,
  410  the member’s tenants, guests, or invitees, even if the
  411  delinquency or failure that resulted in the suspension arose
  412  from fewer than all of the multiple units owned by a member.
  413         Section 7. Section 718.707, Florida Statutes, is amended to
  414  read:
  415         718.707 Time limitation for classification as bulk assignee
  416  or bulk buyer.—A person acquiring condominium parcels may not be
  417  classified as a bulk assignee or bulk buyer unless the
  418  condominium parcels were acquired on or after July 1, 2010, but
  419  before July 1, 2018 2016. The date of such acquisition shall be
  420  determined by the date of recording a deed or other instrument
  421  of conveyance for such parcels in the public records of the
  422  county in which the condominium is located, or by the date of
  423  issuing a certificate of title in a foreclosure proceeding with
  424  respect to such condominium parcels.
  425         Section 8. Paragraph (a) of subsection (2) of section
  426  719.104, Florida Statutes, is amended to read:
  427         719.104 Cooperatives; access to units; records; financial
  428  reports; assessments; purchase of leases.—
  429         (2) OFFICIAL RECORDS.—
  430         (a) From the inception of the association, the association
  431  shall maintain a copy of each of the following, where
  432  applicable, which shall constitute the official records of the
  433  association:
  434         1. The plans, permits, warranties, and other items provided
  435  by the developer pursuant to s. 719.301(4).
  436         2. A photocopy of the cooperative documents.
  437         3. A copy of the current rules of the association.
  438         4. A book or books containing the minutes of all meetings
  439  of the association, of the board of directors, and of the unit
  440  owners, which minutes shall be retained for a period of not less
  441  than 7 years.
  442         5. A current roster of all unit owners and their mailing
  443  addresses, unit identifications, voting certifications, and, if
  444  known, telephone numbers. The association shall also maintain
  445  the electronic mailing addresses and the numbers designated by
  446  unit owners for receiving notice sent by electronic transmission
  447  of those unit owners consenting to receive notice by electronic
  448  transmission. The electronic mailing addresses and numbers
  449  provided by unit owners to receive notice by electronic
  450  transmission shall be removed from association records when
  451  consent to receive notice by electronic transmission is revoked.
  452  However, the association is not liable for an erroneous
  453  disclosure of the electronic mail address or the number for
  454  receiving electronic transmission of notices.
  455         6. All current insurance policies of the association.
  456         7. A current copy of any management agreement, lease, or
  457  other contract to which the association is a party or under
  458  which the association or the unit owners have an obligation or
  459  responsibility.
  460         8. Bills of sale or transfer for all property owned by the
  461  association.
  462         9. Accounting records for the association and separate
  463  accounting records for each unit it operates, according to good
  464  accounting practices. All accounting records shall be maintained
  465  for a period of not less than 7 years. The accounting records
  466  shall include, but not be limited to:
  467         a. Accurate, itemized, and detailed records of all receipts
  468  and expenditures.
  469         b. A current account and a monthly, bimonthly, or quarterly
  470  statement of the account for each unit designating the name of
  471  the unit owner, the due date and amount of each assessment, the
  472  amount paid upon the account, and the balance due.
  473         c. All audits, reviews, accounting statements, and
  474  financial reports of the association.
  475         d. All contracts for work to be performed. Bids for work to
  476  be performed shall also be considered official records and shall
  477  be maintained for a period of 1 year.
  478         10. Ballots, sign-in sheets, voting proxies, and all other
  479  papers relating to voting by unit owners, which shall be
  480  maintained for a period of 1 year after the date of the
  481  election, vote, or meeting to which the document relates.
  482         11. All rental records where the association is acting as
  483  agent for the rental of units.
  484         12. A copy of the current question and answer sheet as
  485  described in s. 719.504.
  486         13. All other written records of the association not
  487  specifically included in the foregoing which are related to the
  488  operation of the association.
  489         Section 9. Subsections (3) and (4) of section 719.108,
  490  Florida Statutes, are amended to read:
  491         719.108 Rents and assessments; liability; lien and
  492  priority; interest; collection; cooperative ownership.—
  493         (3) Rents and assessments, and installments on them, not
  494  paid when due bear interest at the rate provided in the
  495  cooperative documents from the date due until paid. This rate
  496  may not exceed the rate allowed by law and, if a rate is not
  497  provided in the cooperative documents, accrues at 18 percent per
  498  annum. If the cooperative documents or bylaws so provide, the
  499  association may charge an administrative late fee in addition to
  500  such interest, not to exceed the greater of $25 or 5 percent of
  501  each installment of the assessment for each delinquent
  502  installment that the payment is late. Any payment received by an
  503  association must be applied first to any interest accrued by the
  504  association, then to any administrative late fee, then to any
  505  costs and reasonable attorney fees incurred in collection, and
  506  then to the delinquent assessment. The foregoing applies
  507  notwithstanding s. 673.3111, any purported accord and
  508  satisfaction, or any restrictive endorsement, designation, or
  509  instruction placed on or accompanying a payment. The preceding
  510  sentence is intended to clarify existing law. A late fee is not
  511  subject to chapter 687 or s. 719.303(4).
  512         (4) The association has a lien on each cooperative parcel
  513  for any unpaid rents and assessments, plus interest, and any
  514  authorized administrative late fees. If authorized by the
  515  cooperative documents, the lien also secures reasonable attorney
  516  fees incurred by the association incident to the collection of
  517  the rents and assessments or enforcement of such lien. The lien
  518  is effective from and after recording a claim of lien in the
  519  public records in the county in which the cooperative parcel is
  520  located which states the description of the cooperative parcel,
  521  the name of the unit owner, the amount due, and the due dates.
  522  Except as otherwise provided in this chapter, a lien may not be
  523  filed by the association against a cooperative parcel until 30
  524  days after the date on which a notice of intent to file a lien
  525  has been delivered to the owner.
  526         (a) The notice must be sent to the unit owner at the
  527  address of the unit by first-class United States mail, and the
  528  notice must be in substantially the following form:
  529                          NOTICE OF INTENT                         
  530                      TO RECORD A CLAIM OF LIEN                    
  531  RE: Unit ...(unit number)... of ...(name of cooperative)...
  532  The following amounts are currently due on your account to
  533  ...(name of association)..., and must be paid within 30 days
  534  after your receipt of this letter. This letter shall serve as
  535  the association’s notice of intent to record a Claim of Lien
  536  against your property no sooner than 30 days after your receipt
  537  of this letter, unless you pay in full the amounts set forth
  538  below:
  539  Maintenance due ...(dates)...	$.....
  540  Late fee, if applicable	$.....
  541  Interest through ...(dates)...*	$.....
  542  Certified mail charges	$.....
  543  Other costs	$.....
  544  TOTAL OUTSTANDING	$.....
  545  *Interest accrues at the rate of .... percent per annum.
  546         1. If the most recent address of the unit owner on the
  547  records of the association is the address of the unit, the
  548  notice must be sent by certified mail, return receipt requested,
  549  to the unit owner at the address of the unit.
  550         2. If the most recent address of the unit owner on the
  551  records of the association is in the United States, but is not
  552  the address of the unit, the notice must be sent by certified
  553  mail, return receipt requested, to the unit owner at his or her
  554  most recent address.
  555         3. If the most recent address of the unit owner on the
  556  records of the association is not in the United States, the
  557  notice must be sent by first-class United States mail to the
  558  unit owner at his or her most recent address.
  559         (b) A notice that is sent pursuant to this subsection is
  560  deemed delivered upon mailing. A claim of lien must be executed
  561  and acknowledged by an officer or authorized agent of the
  562  association. The lien is not effective 1 year after the claim of
  563  lien was recorded unless, within that time, an action to enforce
  564  the lien is commenced. The 1-year period is automatically
  565  extended for any length of time during which the association is
  566  prevented from filing a foreclosure action by an automatic stay
  567  resulting from a bankruptcy petition filed by the parcel owner
  568  or any other person claiming an interest in the parcel. The
  569  claim of lien secures all unpaid rents and assessments that are
  570  due and that may accrue after the claim of lien is recorded and
  571  through the entry of a final judgment, as well as interest and
  572  all reasonable costs and attorney fees incurred by the
  573  association incident to the collection process. Upon payment in
  574  full, the person making the payment is entitled to a
  575  satisfaction of the lien.
  576         (c) By recording a notice in substantially the following
  577  form, a unit owner or the unit owner’s agent or attorney may
  578  require the association to enforce a recorded claim of lien
  579  against his or her cooperative parcel:
  580                      NOTICE OF CONTEST OF LIEN                    
  581  TO: ...(Name and address of association)...:
  582  You are notified that the undersigned contests the claim of lien
  583  filed by you on ...., ...(year)..., and recorded in Official
  584  Records Book .... at Page ...., of the public records of ....
  585  County, Florida, and that the time within which you may file
  586  suit to enforce your lien is limited to 90 days from the date of
  587  service of this notice. Executed this .... day of ....,
  588  ...(year)....
  589  Signed: ...(Owner or Attorney)...
  590  After notice of contest of lien has been recorded, the clerk of
  591  the circuit court shall mail a copy of the recorded notice to
  592  the association by certified mail, return receipt requested, at
  593  the address shown in the claim of lien or most recent amendment
  594  to it and shall certify to the service on the face of the
  595  notice. Service is complete upon mailing. After service, the
  596  association has 90 days in which to file an action to enforce
  597  the lien. If the action is not filed within the 90-day period,
  598  the lien is void. However, the 90-day period shall be extended
  599  for any length of time during which the association is prevented
  600  from filing its action because of an automatic stay resulting
  601  from the filing of a bankruptcy petition by the unit owner or by
  602  any other person claiming an interest in the parcel.
  603         (d) A release of lien must be in substantially the
  604  following form:
  605                           RELEASE OF LIEN                         
  606  The undersigned lienor, in consideration of the final payment in
  607  the amount of $...., hereby waives and releases its lien and
  608  right to claim a lien for unpaid assessments through ....,
  609  ...(year)..., recorded in the Official Records Book .... at Page
  610  ...., of the public records of .... County, Florida, for the
  611  following described real property:
  612  THAT COOPERATIVE PARCEL WHICH INCLUDES UNIT NO. .... OF ...(NAME
  613  OF COOPERATIVE)..., A COOPERATIVE AS SET FORTH IN THE
  614  COOPERATIVE DOCUMENTS AND THE EXHIBITS ANNEXED THERETO AND
  615  FORMING A PART THEREOF, RECORDED IN OFFICIAL RECORDS BOOK ....,
  616  PAGE ...., OF THE PUBLIC RECORDS OF .... COUNTY, FLORIDA.
  617  ...(Signature of Authorized Agent)...	...(Signature of
  618  Witness)...
  619  ...(Print Name)...	...(Print Name)...
  620  ...(Signature of Witness)...
  621  ...(Print Name)...
  622  Sworn to (or affirmed) and subscribed before me this .... day of
  623  ...., ...(year)..., by ...(name of person making statement)....
  624  ...(Signature of Notary Public)...
  625  ...(Print, type, or stamp commissioned name of Notary Public)...
  626  Personally Known .... OR Produced .... as identification.
  627         Section 10. Section 719.129, Florida Statutes, is created
  628  to read:
  629         719.129 Electronic voting.—The association may conduct
  630  elections and other unit owner votes through an Internet-based
  631  online voting system if a unit owner consents, in writing, to
  632  online voting and if the following requirements are met:
  633         (1) The association provides each unit owner with:
  634         (a) A method to authenticate the unit owner’s identity to
  635  the online voting system.
  636         (b) For elections of the board, a method to transmit an
  637  electronic ballot to the online voting system that ensures the
  638  secrecy and integrity of each ballot.
  639         (c) A method to confirm, at least 14 days before the voting
  640  deadline, that the unit owner’s electronic device can
  641  successfully communicate with the online voting system.
  642         (2) The association uses an online voting system that can:
  643         (a) Authenticate the unit owner’s identity.
  644         (b) Authenticate the validity of each electronic vote to
  645  ensure that the vote is not altered in transit.
  646         (c) Transmit a receipt from the online voting system to
  647  each unit owner who casts an electronic vote.
  648         (d) Permanently separate any authentication or identifying
  649  information from the electronic election ballot, rendering it
  650  impossible to tie an election ballot to a specific unit owner.
  651  This paragraph only applies to elections of the board of
  652  administration.
  653         (e) Store and keep electronic votes accessible to election
  654  officials for recount, inspection, and review purposes.
  655         (3) A unit owner voting electronically pursuant to this
  656  section shall be counted as being in attendance at the meeting
  657  for purposes of determining a quorum. A substantive vote of the
  658  unit owners may not be taken on any issue other than the issues
  659  specifically identified in the electronic vote when a quorum is
  660  established based on unit owners voting electronically pursuant
  661  to this section.
  662         (4) This section applies to an association that provides
  663  for and authorizes an online voting system pursuant to this
  664  section by a board resolution. The board resolution must provide
  665  that unit owners receive notice of the opportunity to vote
  666  through an online voting system, must establish reasonable
  667  procedures and deadlines for unit owners to consent, in writing,
  668  to online voting, and must establish reasonable procedures and
  669  deadlines for unit owners to opt out of online voting after
  670  giving consent. Written notice of a meeting at which the
  671  resolution will be considered must be mailed, delivered, or
  672  electronically transmitted to the unit owners and posted
  673  conspicuously on the condominium property or association
  674  property at least 14 days before the meeting. Evidence of
  675  compliance with the 14-day notice requirement must be made by an
  676  affidavit executed by the person providing the notice and filed
  677  with the official records of the association.
  678         (5) A unit owner’s consent to online voting is valid until
  679  the unit owner opts out of online voting pursuant to the
  680  procedures established by the board of administration pursuant
  681  to subsection (4).
  682         (6) Except for timeshare condominium associations, this
  683  section may apply to any matter that requires a vote of the unit
  684  owners.
  685         Section 11. Subsection (3) of section 719.303, Florida
  686  Statutes, is amended to read:
  687         719.303 Obligations of owners.—
  688         (3) The association may levy reasonable fines for failure
  689  of the unit owner or the unit’s occupant, licensee, or invitee
  690  to comply with any provision of the cooperative documents or
  691  reasonable rules of the association. A fine may not become a
  692  lien against a unit. A fine may be levied by the board on the
  693  basis of each day of a continuing violation, with a single
  694  notice and opportunity for hearing before a committee as
  695  provided in paragraph (b). However, the fine may not exceed $100
  696  per violation, or $1,000 in the aggregate.
  697         (a) An association may suspend, for a reasonable period of
  698  time, the right of a unit owner, or a unit owner’s tenant,
  699  guest, or invitee, to use the common elements, common
  700  facilities, or any other association property for failure to
  701  comply with any provision of the cooperative documents or
  702  reasonable rules of the association. This paragraph does not
  703  apply to limited common elements intended to be used only by
  704  that unit, common elements needed to access the unit, utility
  705  services provided to the unit, parking spaces, or elevators.
  706         (b) A fine or suspension levied by the board of
  707  administration may not be imposed unless the board first
  708  provides at least 14 days’ written except after giving
  709  reasonable notice and an opportunity for a hearing to the unit
  710  owner and, if applicable, its occupant, the unit’s licensee, or
  711  invitee. The hearing must be held before a committee of other
  712  unit owners who are neither board members nor persons residing
  713  in a board member’s household. The role of the committee is
  714  limited to determining whether to confirm or reject the fine or
  715  suspension levied by the board. If the committee does not agree
  716  with the fine or suspension, it may not be imposed.
  717         Section 12. Subsection (8) of section 720.301, Florida
  718  Statutes, is amended to read:
  719         720.301 Definitions.—As used in this chapter, the term:
  720         (8) “Governing documents” means:
  721         (a) The recorded declaration of covenants for a community,
  722  and all duly adopted and recorded amendments, supplements, and
  723  recorded exhibits thereto; and
  724         (b) The articles of incorporation and bylaws of the
  725  homeowners’ association, and any duly adopted amendments
  726  thereto; and
  727         (c) Rules and regulations adopted under the authority of
  728  the recorded declaration, articles of incorporation, or bylaws
  729  and duly adopted amendments thereto.
  730         Section 13. Section 720.3015, Florida Statutes, is created
  731  to read:
  732         720.3015 Short title.—This chapter may be cited as the
  733  “Homeowners’ Association Act.”
  734         Section 14. Section 720.305, Florida Statutes, is amended
  735  to read:
  736         720.305 Obligations of members; remedies at law or in
  737  equity; levy of fines and suspension of use rights.—
  738         (1) Each member and the member’s tenants, guests, and
  739  invitees, and each association, are governed by, and must comply
  740  with, this chapter, the governing documents of the community,
  741  and the rules of the association. Actions at law or in equity,
  742  or both, to redress alleged failure or refusal to comply with
  743  these provisions may be brought by the association or by any
  744  member against:
  745         (a) The association;
  746         (b) A member;
  747         (c) Any director or officer of an association who willfully
  748  and knowingly fails to comply with these provisions; and
  749         (d) Any tenants, guests, or invitees occupying a parcel or
  750  using the common areas.
  751  
  752  The prevailing party in any such litigation is entitled to
  753  recover reasonable attorney attorney’s fees and costs. A member
  754  prevailing in an action between the association and the member
  755  under this section, in addition to recovering his or her
  756  reasonable attorney attorney’s fees, may recover additional
  757  amounts as determined by the court to be necessary to reimburse
  758  the member for his or her share of assessments levied by the
  759  association to fund its expenses of the litigation. This relief
  760  does not exclude other remedies provided by law. This section
  761  does not deprive any person of any other available right or
  762  remedy.
  763         (2) The association may levy reasonable fines. A fine may
  764  not exceed of up to $100 per violation against any member or any
  765  member’s tenant, guest, or invitee for the failure of the owner
  766  of the parcel or its occupant, licensee, or invitee to comply
  767  with any provision of the declaration, the association bylaws,
  768  or reasonable rules of the association unless otherwise provided
  769  in the governing documents. A fine may be levied by the board
  770  for each day of a continuing violation, with a single notice and
  771  opportunity for hearing, except that the fine may not exceed
  772  $1,000 in the aggregate unless otherwise provided in the
  773  governing documents. A fine of less than $1,000 may not become a
  774  lien against a parcel. In any action to recover a fine, the
  775  prevailing party is entitled to reasonable attorney fees and
  776  costs from the nonprevailing party as determined by the court.
  777         (a) An association may suspend, for a reasonable period of
  778  time, the right of a member, or a member’s tenant, guest, or
  779  invitee, to use common areas and facilities for the failure of
  780  the owner of the parcel or its occupant, licensee, or invitee to
  781  comply with any provision of the declaration, the association
  782  bylaws, or reasonable rules of the association. This paragraph
  783  does not apply to that portion of common areas used to provide
  784  access or utility services to the parcel. A suspension may not
  785  prohibit impair the right of an owner or tenant of a parcel from
  786  having to have vehicular and pedestrian ingress to and egress
  787  from the parcel, including, but not limited to, the right to
  788  park.
  789         (b) A fine or suspension may not be imposed by the board of
  790  administration without at least 14 days’ notice to the person
  791  sought to be fined or suspended and an opportunity for a hearing
  792  before a committee of at least three members appointed by the
  793  board who are not officers, directors, or employees of the
  794  association, or the spouse, parent, child, brother, or sister of
  795  an officer, director, or employee. If the committee, by majority
  796  vote, does not approve a proposed fine or suspension, it may not
  797  be imposed. The role of the committee is limited to determining
  798  whether to confirm or reject the fine or suspension levied by
  799  the board. If the board of directors association imposes a fine
  800  or suspension, the association must provide written notice of
  801  such fine or suspension by mail or hand delivery to the parcel
  802  owner and, if applicable, to any tenant, licensee, or invitee of
  803  the parcel owner.
  804         (3) If a member is more than 90 days delinquent in paying
  805  any fee, fine, or other a monetary obligation due to the
  806  association, the association may suspend the rights of the
  807  member, or the member’s tenant, guest, or invitee, to use common
  808  areas and facilities until the fee, fine, or other monetary
  809  obligation is paid in full. This subsection does not apply to
  810  that portion of common areas used to provide access or utility
  811  services to the parcel. A suspension may does not prohibit
  812  impair the right of an owner or tenant of a parcel from having
  813  to have vehicular and pedestrian ingress to and egress from the
  814  parcel, including, but not limited to, the right to park. The
  815  notice and hearing requirements under subsection (2) do not
  816  apply to a suspension imposed under this subsection.
  817         (4) An association may suspend the voting rights of a
  818  parcel or member for the nonpayment of any fee, fine, or other
  819  monetary obligation due to the association that is more than 90
  820  days delinquent. A voting interest or consent right allocated to
  821  a parcel or member which has been suspended by the association
  822  shall be subtracted from may not be counted towards the total
  823  number of voting interests in the association, which shall be
  824  reduced by the number of suspended voting interests when
  825  calculating the total percentage or number of all voting
  826  interests available to take or approve any action, and the
  827  suspended voting interests may not be considered for any
  828  purpose, including, but not limited to, the percentage or number
  829  of voting interests necessary to constitute a quorum, the
  830  percentage or number of voting interests required to conduct an
  831  election, or the percentage or number of voting interests
  832  required to approve an action under this chapter or pursuant to
  833  the governing documents. The notice and hearing requirements
  834  under subsection (2) do not apply to a suspension imposed under
  835  this subsection. The suspension ends upon full payment of all
  836  obligations currently due or overdue to the association.
  837         (5) All suspensions imposed pursuant to subsection (3) or
  838  subsection (4) must be approved at a properly noticed board
  839  meeting. Upon approval, the association must notify the parcel
  840  owner and, if applicable, the parcel’s occupant, licensee, or
  841  invitee by mail or hand delivery.
  842         (6) The suspensions permitted by paragraph (2)(a) and
  843  subsections (3) and (4) apply to a member and, when appropriate,
  844  the member’s tenants, guests, or invitees, even if the
  845  delinquency or failure that resulted in the suspension arose
  846  from less than all of the multiple parcels owned by a member.
  847         Section 15. Paragraph (b) of subsection (1) and subsection
  848  (9) of section 720.306, Florida Statutes, are amended to read:
  849         720.306 Meetings of members; voting and election
  850  procedures; amendments.—
  851         (1) QUORUM; AMENDMENTS.—
  852         (b) Unless otherwise provided in the governing documents or
  853  required by law, and other than those matters set forth in
  854  paragraph (c), any governing document of an association may be
  855  amended by the affirmative vote of two-thirds of the voting
  856  interests of the association. Within 30 days after recording an
  857  amendment to the governing documents, the association shall
  858  provide copies of the amendment to the members. However, if a
  859  copy of the proposed amendment is provided to the members before
  860  they vote on the amendment and the proposed amendment is not
  861  changed before the vote, the association, in lieu of providing a
  862  copy of the amendment, may provide notice to the members that
  863  the amendment was adopted, identifying the official book and
  864  page number or instrument number of the recorded amendment and
  865  that a copy of the amendment is available at no charge to the
  866  member upon written request to the association. The copies and
  867  notice described in this paragraph may be provided
  868  electronically to those owners who previously consented to
  869  receive notice electronically. The failure to timely provide
  870  notice of the recording of the amendment does not affect the
  871  validity or enforceability of the amendment.
  872         (9) ELECTIONS AND BOARD VACANCIES.—
  873         (a) Elections of directors must be conducted in accordance
  874  with the procedures set forth in the governing documents of the
  875  association. Except as provided in paragraph (b), all members of
  876  the association are eligible to serve on the board of directors,
  877  and a member may nominate himself or herself as a candidate for
  878  the board at a meeting where the election is to be held;
  879  provided, however, that if the election process allows
  880  candidates to be nominated in advance of the meeting, the
  881  association is not required to allow nominations at the meeting.
  882  An election is not required unless more candidates are nominated
  883  than vacancies exist. Except as otherwise provided in the
  884  governing documents, boards of directors must be elected by a
  885  plurality of the votes cast by eligible voters. Any challenge to
  886  the election process must be commenced within 60 days after the
  887  election results are announced.
  888         (b) A person who is delinquent in the payment of any fee,
  889  fine, or other monetary obligation to the association on the day
  890  that he or she could last nominate himself or herself or be
  891  nominated for the board may not seek election to the board, and
  892  his or her name shall not be listed on the ballot. A person
  893  serving as a board member who becomes more than 90 days
  894  delinquent in the payment of any fee, fine, or other monetary
  895  obligation to the association shall be deemed to have abandoned
  896  his or her seat on the board, creating a vacancy on the board to
  897  be filled according to law. For purposes of this paragraph, the
  898  term “any fee, fine, or other monetary obligation” means any
  899  delinquency to the association with respect to any parcel for
  900  more than 90 days is not eligible for board membership. A person
  901  who has been convicted of any felony in this state or in a
  902  United States District or Territorial Court, or has been
  903  convicted of any offense in another jurisdiction which would be
  904  considered a felony if committed in this state, may not seek
  905  election to the board and is not eligible for board membership
  906  unless such felon’s civil rights have been restored for at least
  907  5 years as of the date on which such person seeks election to
  908  the board. The validity of any action by the board is not
  909  affected if it is later determined that a person was ineligible
  910  to seek election to the board or that a member of the board is
  911  ineligible for board membership.
  912         (c) Any election dispute between a member and an
  913  association must be submitted to mandatory binding arbitration
  914  with the division. Such proceedings must be conducted in the
  915  manner provided by s. 718.1255 and the procedural rules adopted
  916  by the division. Unless otherwise provided in the bylaws, any
  917  vacancy occurring on the board before the expiration of a term
  918  may be filled by an affirmative vote of the majority of the
  919  remaining directors, even if the remaining directors constitute
  920  less than a quorum, or by the sole remaining director. In the
  921  alternative, a board may hold an election to fill the vacancy,
  922  in which case the election procedures must conform to the
  923  requirements of the governing documents. Unless otherwise
  924  provided in the bylaws, a board member appointed or elected
  925  under this section is appointed for the unexpired term of the
  926  seat being filled. Filling vacancies created by recall is
  927  governed by s. 720.303(10) and rules adopted by the division.
  928         Section 16. Section 720.317, Florida Statutes, is created
  929  to read:
  930         720.317 Electronic voting.—The association may conduct
  931  elections and other membership votes through an Internet-based
  932  online voting system if a member consents, in writing, to online
  933  voting and if the following requirements are met:
  934         (1) The association provides each member with:
  935         (a) A method to authenticate the member’s identity to the
  936  online voting system.
  937         (b) A method to confirm, at least 14 days before the voting
  938  deadline, that the member’s electronic device can successfully
  939  communicate with the online voting system.
  940         (c) A method that is consistent with the election and
  941  voting procedures in the association’s bylaws.
  942         (2) The association uses an online voting system that can:
  943         (a) Authenticate the member’s identity.
  944         (b) Authenticate the validity of each electronic vote to
  945  ensure that the vote is not altered in transit.
  946         (c) Transmit a receipt from the online voting system to
  947  each member who casts an electronic vote.
  948         (d) Permanently separate any authentication or identifying
  949  information from the electronic election ballot, rendering it
  950  impossible to tie an election ballot to a specific member. This
  951  paragraph only applies if the association’s bylaws provide for
  952  secret ballots for the election of directors.
  953         (e) Store and keep electronic ballots accessible to
  954  election officials for recount, inspection, and review purposes.
  955         (3) A member voting electronically pursuant to this section
  956  shall be counted as being in attendance at the meeting for
  957  purposes of determining a quorum. A substantive vote of the
  958  membership may not be taken on any issue other than the issues
  959  specifically identified in the electronic vote when a quorum is
  960  established based on members voting electronically pursuant to
  961  this section.
  962         (4) This section applies to an association that provides
  963  for and authorizes an online voting system pursuant to this
  964  section by a board resolution. The board resolution must provide
  965  that members receive notice of the opportunity to vote through
  966  an online voting system, must establish reasonable procedures
  967  and deadlines for members to consent, in writing, to online
  968  voting, and must establish reasonable procedures and deadlines
  969  for members to opt out of online voting after giving consent.
  970  Written notice of a meeting at which the board resolution
  971  regarding online voting will be considered must be mailed,
  972  delivered, or electronically transmitted to the unit owners and
  973  posted conspicuously on the condominium property or association
  974  property at least 14 days before the meeting. Evidence of
  975  compliance with the 14-day notice requirement must be made by an
  976  affidavit executed by the person providing the notice and filed
  977  with the official records of the association.
  978         (5) A member’s consent to online voting is valid until the
  979  member opts out of online voting pursuant to the procedures
  980  established by the board of administration pursuant to
  981  subsection (4).
  982         (6) This section may apply to any matter that requires a
  983  vote of the members.
  984         Section 17. This act shall take effect July 1, 2015.
  985  
  986  ================= T I T L E  A M E N D M E N T ================
  987  And the title is amended as follows:
  988         Delete everything before the enacting clause
  989  and insert:
  990                        A bill to be entitled                      
  991         An act relating to residential properties; amending s.
  992         617.0721, F.S.; authorizing the use of a copy,
  993         facsimile transmission, or other reliable reproduction
  994         of an original proxy vote for certain purposes;
  995         amending s. 718.111, F.S.; revising liability of unit
  996         owners under certain conditions; revising what
  997         constitutes official records of an association;
  998         amending s. 718.112, F.S.; revising provisions
  999         relating to the voting process for providing reserves;
 1000         amending s. 718.116, F.S.; revising applicability;
 1001         revising effect of a claim of lien; creating s.
 1002         718.128, F.S.; authorizing condominium associations to
 1003         conduct votes of the membership by online voting under
 1004         certain conditions; providing requirements for online
 1005         voting; providing that a member voting electronically
 1006         is counted toward the determination of a quorum;
 1007         providing applicability; amending s. 718.303, F.S.;
 1008         providing that a fine may be levied by the board under
 1009         certain conditions; revising requirements for levying
 1010         a fine or suspension; amending s. 718.707, F.S.;
 1011         extending the time period for classification as bulk
 1012         assignee or bulk buyer; amending s. 719.104, F.S.;
 1013         revising what constitutes the official records of an
 1014         association; amending s. 719.108, F.S.; revising
 1015         applicability; revising effect of a claim of lien;
 1016         creating s. 719.129, F.S.; authorizing cooperative
 1017         associations to conduct votes of the membership by
 1018         online voting under certain conditions; providing
 1019         requirements for online voting; providing that a
 1020         member voting electronically is counted toward the
 1021         determination of a quorum; providing applicability;
 1022         amending s. 719.303, F.S.; providing that a fine may
 1023         be levied by the board under certain conditions;
 1024         revising requirements for levying a fine or
 1025         suspension; amending s. 720.301, F.S.; revising the
 1026         definition of the term “governing documents”; creating
 1027         s. 720.3015, F.S.; providing a short title; amending
 1028         s. 720.305, F.S.; revising requirements for levying a
 1029         fine or suspension; revising application of certain
 1030         provisions; amending s. 720.306, F.S.; revising
 1031         requirements for the adoption of amendments to the
 1032         governing documents; revising requirements for the
 1033         election of directors; creating s. 720.317, F.S.;
 1034         authorizing homeowners’ associations to conduct votes
 1035         of the membership by online voting under certain
 1036         conditions; providing requirements for online voting;
 1037         providing that a member voting electronically is
 1038         counted toward the determination of a quorum;
 1039         providing applicability; providing an effective date.