Florida Senate - 2018                          SENATOR AMENDMENT
       Bill No. CS for SB 1274
       
       
       
       
       
       
                                Ì1664545Î166454                         
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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                Floor: 1/AD/2R         .                                
             03/08/2018 05:55 PM       .                                
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       Senator Passidomo moved the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the enacting clause
    4  and insert:
    5         Section 1. Paragraph (e) of subsection (3) of section
    6  194.011, Florida Statutes, is amended to read:
    7         194.011 Assessment notice; objections to assessments.—
    8         (3) A petition to the value adjustment board must be in
    9  substantially the form prescribed by the department.
   10  Notwithstanding s. 195.022, a county officer may not refuse to
   11  accept a form provided by the department for this purpose if the
   12  taxpayer chooses to use it. A petition to the value adjustment
   13  board must be signed by the taxpayer or be accompanied at the
   14  time of filing by the taxpayer’s written authorization or power
   15  of attorney, unless the person filing the petition is listed in
   16  s. 194.034(1)(a). A person listed in s. 194.034(1)(a) may file a
   17  petition with a value adjustment board without the taxpayer’s
   18  signature or written authorization by certifying under penalty
   19  of perjury that he or she has authorization to file the petition
   20  on behalf of the taxpayer. If a taxpayer notifies the value
   21  adjustment board that a petition has been filed for the
   22  taxpayer’s property without his or her consent, the value
   23  adjustment board may require the person filing the petition to
   24  provide written authorization from the taxpayer authorizing the
   25  person to proceed with the appeal before a hearing is held. If
   26  the value adjustment board finds that a person listed in s.
   27  194.034(1)(a) willfully and knowingly filed a petition that was
   28  not authorized by the taxpayer, the value adjustment board shall
   29  require such person to provide the taxpayer’s written
   30  authorization for representation to the value adjustment board
   31  clerk before any petition filed by that person is heard, for 1
   32  year after imposition of such requirement by the value
   33  adjustment board. A power of attorney or written authorization
   34  is valid for 1 assessment year, and a new power of attorney or
   35  written authorization by the taxpayer is required for each
   36  subsequent assessment year. A petition shall also describe the
   37  property by parcel number and shall be filed as follows:
   38         (e)1. A condominium association as defined in s. 718.103, a
   39  cooperative association as defined in s. 719.103, or any
   40  homeowners’ association as defined in s. 723.075, with approval
   41  of its board of administration or directors, may file with the
   42  value adjustment board a single joint petition on behalf of any
   43  association members who own units or parcels of property which
   44  the property appraiser determines are substantially similar with
   45  respect to location, proximity to amenities, number of rooms,
   46  living area, and condition. The condominium association,
   47  cooperative association, or homeowners’ association as defined
   48  in s. 723.075 shall provide the unit or parcel owners with
   49  notice of its intent to petition the value adjustment board and
   50  shall provide at least 20 days for a unit or parcel owner to
   51  elect, in writing, that his or her unit or parcel not be
   52  included in the petition.
   53         2.An association that has filed a single joint petition
   54  may continue to represent the unit or parcel owners through any
   55  related subsequent proceeding, including judicial review under
   56  part II of this chapter and any appeal thereof. This
   57  subparagraph is intended to clarify existing law and applies to
   58  any pending action. The condominium association, cooperative
   59  association, or homeowners’ association shall provide the unit
   60  or parcel owners with notice of the property appraiser’s appeal
   61  of a value adjustment board decision to circuit court and
   62  provide the unit or parcel owner at least 7 days to elect, in
   63  writing, that his or her unit or parcel not be included in the
   64  association’s defense.
   65         Section 2. Subsection (2) of section 194.181, Florida
   66  Statutes, is amended to read:
   67         194.181 Parties to a tax suit.—
   68         (2) In any case brought by the taxpayer, or brought by a
   69  condominium or cooperative or association on behalf of some or
   70  all owners, contesting the assessment of any property, the
   71  county property appraiser shall be party defendant. In any case
   72  brought by the property appraiser pursuant to s. 194.036(1)(a)
   73  or (b), the taxpayer, condominium association, or cooperative
   74  association shall be party defendant. In any case brought by the
   75  property appraiser pursuant to s. 194.036(1)(c), the value
   76  adjustment board shall be party defendant.
   77         Section 3. Subsection (3), paragraphs (a), (b), and (g) of
   78  subsection (12), and paragraph (e) of subsection (13) of section
   79  718.111, Florida Statutes, are amended to read:
   80         718.111 The association.—
   81         (3) POWER TO MANAGE CONDOMINIUM PROPERTY AND TO CONTRACT,
   82  SUE, AND BE SUED; CONFLICT OF INTEREST.—
   83         (a) The association may contract, sue, or be sued with
   84  respect to the exercise or nonexercise of its powers. For these
   85  purposes, the powers of the association include, but are not
   86  limited to, the maintenance, management, and operation of the
   87  condominium property.
   88         (b) After control of the association is obtained by unit
   89  owners other than the developer, the association may:
   90         1. Institute, maintain, settle, or appeal actions or
   91  hearings in its name on behalf of all unit owners concerning
   92  matters of common interest to most or all unit owners,
   93  including, but not limited to, the common elements; the roof and
   94  structural components of a building or other improvements;
   95  mechanical, electrical, and plumbing elements serving an
   96  improvement or a building; representations of the developer
   97  pertaining to any existing or proposed commonly used facilities;
   98         2.Protest and protesting ad valorem taxes on commonly used
   99  facilities and on units; and may
  100         3. Defend actions pertaining to ad valorem taxation of
  101  commonly used facilities or units, or related to in eminent
  102  domain; or
  103         4. Bring inverse condemnation actions.
  104         (c) If the association has the authority to maintain a
  105  class action, the association may be joined in an action as
  106  representative of that class with reference to litigation and
  107  disputes involving the matters for which the association could
  108  bring a class action.
  109         (d)The association, in its own name, or on behalf of some
  110  or all unit owners, may institute, file, protest, maintain, or
  111  defend any administrative challenge, lawsuit, appeal, or other
  112  challenge to ad valorem taxes assessed on units or that values
  113  commonly used facilities or common elements. The affected
  114  association members are not necessary or indispensable parties
  115  to any such action. This paragraph is intended to clarify
  116  existing law and applies to any pending action.
  117         (e) Nothing herein limits any statutory or common-law right
  118  of any individual unit owner or class of unit owners to bring
  119  any action without participation by the association which may
  120  otherwise be available.
  121         (b)An association may not hire an attorney who represents
  122  the management company of the association.
  123         (12) OFFICIAL RECORDS.—
  124         (a) From the inception of the association, the association
  125  shall maintain each of the following items, if applicable, which
  126  constitutes the official records of the association:
  127         1. A copy of the plans, permits, warranties, and other
  128  items provided by the developer pursuant to s. 718.301(4).
  129         2. A photocopy of the recorded declaration of condominium
  130  of each condominium operated by the association and each
  131  amendment to each declaration.
  132         3. A photocopy of the recorded bylaws of the association
  133  and each amendment to the bylaws.
  134         4. A certified copy of the articles of incorporation of the
  135  association, or other documents creating the association, and
  136  each amendment thereto.
  137         5. A copy of the current rules of the association.
  138         6. A book or books that contain the minutes of all meetings
  139  of the association, the board of administration, and the unit
  140  owners, which minutes must be retained for at least 7 years.
  141         7. A current roster of all unit owners and their mailing
  142  addresses, unit identifications, voting certifications, and, if
  143  known, telephone numbers. The association shall also maintain
  144  the e-mail electronic mailing addresses and facsimile numbers of
  145  unit owners consenting to receive notice by electronic
  146  transmission. The e-mail electronic mailing addresses and
  147  facsimile numbers are not accessible to unit owners if consent
  148  to receive notice by electronic transmission is not provided in
  149  accordance with sub-subparagraph (c)3.e. However, the
  150  association is not liable for an inadvertent disclosure of the
  151  e-mail electronic mail address or facsimile number for receiving
  152  electronic transmission of notices.
  153         8. All current insurance policies of the association and
  154  condominiums operated by the association.
  155         9. A current copy of any management agreement, lease, or
  156  other contract to which the association is a party or under
  157  which the association or the unit owners have an obligation or
  158  responsibility.
  159         10. Bills of sale or transfer for all property owned by the
  160  association.
  161         11. Accounting records for the association and separate
  162  accounting records for each condominium that the association
  163  operates. All accounting records must be maintained for at least
  164  7 years. Any person who knowingly or intentionally defaces or
  165  destroys such records, or who knowingly or intentionally fails
  166  to create or maintain such records, with the intent of causing
  167  harm to the association or one or more of its members, is
  168  personally subject to a civil penalty pursuant to s.
  169  718.501(1)(d). The accounting records must include, but are not
  170  limited to:
  171         a. Accurate, itemized, and detailed records of all receipts
  172  and expenditures.
  173         b. A current account and a monthly, bimonthly, or quarterly
  174  statement of the account for each unit designating the name of
  175  the unit owner, the due date and amount of each assessment, the
  176  amount paid on the account, and the balance due.
  177         c. All audits, reviews, accounting statements, and
  178  financial reports of the association or condominium.
  179         d. All contracts for work to be performed. Bids for work to
  180  be performed are also considered official records and must be
  181  maintained by the association.
  182         12. Ballots, sign-in sheets, voting proxies, and all other
  183  papers and electronic records relating to voting by unit owners,
  184  which must be maintained for 1 year from the date of the
  185  election, vote, or meeting to which the document relates,
  186  notwithstanding paragraph (b).
  187         13. All rental records if the association is acting as
  188  agent for the rental of condominium units.
  189         14. A copy of the current question and answer sheet as
  190  described in s. 718.504.
  191         15. All other written records of the association not
  192  specifically included in the foregoing which are related to the
  193  operation of the association.
  194         16. A copy of the inspection report as described in s.
  195  718.301(4)(p).
  196         17. Bids for materials, equipment, or services.
  197         (b) The official records specified in subparagraphs (a)1.
  198  6. must be permanently maintained from the inception of the
  199  association. All other official records of the association must
  200  be maintained within the state for at least 7 years, unless
  201  otherwise provided by general law. The records of the
  202  association shall be made available to a unit owner within 45
  203  miles of the condominium property or within the county in which
  204  the condominium property is located within 10 5 working days
  205  after receipt of a written request by the board or its designee.
  206  However, such distance requirement does not apply to an
  207  association governing a timeshare condominium. This paragraph
  208  may be complied with by having a copy of the official records of
  209  the association available for inspection or copying on the
  210  condominium property or association property, or the association
  211  may offer the option of making the records available to a unit
  212  owner electronically via the Internet or by allowing the records
  213  to be viewed in electronic format on a computer screen and
  214  printed upon request. The association is not responsible for the
  215  use or misuse of the information provided to an association
  216  member or his or her authorized representative pursuant to the
  217  compliance requirements of this chapter unless the association
  218  has an affirmative duty not to disclose such information
  219  pursuant to this chapter.
  220         (g)1. By January July 1, 2019 2018, an association managing
  221  a condominium with 150 or more units which does not contain
  222  manage timeshare units shall post digital copies of the
  223  documents specified in subparagraph 2. on its website.
  224         a. The association’s website must be:
  225         (I) An independent website or web portal wholly owned and
  226  operated by the association; or
  227         (II) A website or web portal operated by a third-party
  228  provider with whom the association owns, leases, rents, or
  229  otherwise obtains the right to operate a web page, subpage, web
  230  portal, or collection of subpages or web portals dedicated to
  231  the association’s activities and on which required notices,
  232  records, and documents may be posted by the association.
  233         b. The association’s website must be accessible through the
  234  Internet and must contain a subpage, web portal, or other
  235  protected electronic location that is inaccessible to the
  236  general public and accessible only to unit owners and employees
  237  of the association.
  238         c. Upon a unit owner’s written request, the association
  239  must provide the unit owner with a username and password and
  240  access to the protected sections of the association’s website
  241  that contain any notices, records, or documents that must be
  242  electronically provided.
  243         2. A current copy of the following documents must be posted
  244  in digital format on the association’s website:
  245         a. The recorded declaration of condominium of each
  246  condominium operated by the association and each amendment to
  247  each declaration.
  248         b. The recorded bylaws of the association and each
  249  amendment to the bylaws.
  250         c. The articles of incorporation of the association, or
  251  other documents creating the association, and each amendment
  252  thereto. The copy posted pursuant to this sub-subparagraph must
  253  be a copy of the articles of incorporation filed with the
  254  Department of State.
  255         d. The rules of the association.
  256         e. A list of all executory contracts or documents Any
  257  management agreement, lease, or other contract to which the
  258  association is a party or under which the association or the
  259  unit owners have an obligation or responsibility and, after
  260  bidding for the related materials, equipment, or services has
  261  closed, a list of bids received by the association within the
  262  past year. Summaries of bids for materials, equipment, or
  263  services which exceed $500 must be maintained on the website for
  264  1 year. In lieu of summaries, complete copies of the bids may be
  265  posted.
  266         f. The annual budget required by s. 718.112(2)(f) and any
  267  proposed budget to be considered at the annual meeting.
  268         g. The financial report required by subsection (13) and any
  269  monthly income or expense statement proposed financial report to
  270  be considered at a meeting.
  271         h. The certification of each director required by s.
  272  718.112(2)(d)4.b.
  273         i. All contracts or transactions between the association
  274  and any director, officer, corporation, firm, or association
  275  that is not an affiliated condominium association or any other
  276  entity in which an association director is also a director or
  277  officer and financially interested.
  278         j. Any contract or document regarding a conflict of
  279  interest or possible conflict of interest as provided in ss.
  280  468.436(2)(b)6. and 718.3027(3) ss. 468.436(2) and 718.3026(3).
  281         k. The notice of any unit owner meeting and the agenda for
  282  the meeting, as required by s. 718.112(2)(d)3., no later than 14
  283  days before the meeting. The notice must be posted in plain view
  284  on the front page of the website, or on a separate subpage of
  285  the website labeled “Notices” which is conspicuously visible and
  286  linked from the front page. The association must also post on
  287  its website any document to be considered and voted on by the
  288  owners during the meeting or any document listed on the agenda
  289  at least 7 days before the meeting at which the document or the
  290  information within the document will be considered.
  291         l. Notice of any board meeting, the agenda, and any other
  292  document required for the meeting as required by s.
  293  718.112(2)(c), which must be posted no later than the date
  294  required for notice pursuant to s. 718.112(2)(c).
  295         3. The association shall ensure that the information and
  296  records described in paragraph (c), which are not allowed
  297  permitted to be accessible to unit owners, are not posted on the
  298  association’s website. If protected information or information
  299  restricted from being accessible to unit owners is included in
  300  documents that are required to be posted on the association’s
  301  website, the association shall ensure the information is
  302  redacted before posting the documents online. Notwithstanding
  303  the foregoing, the association or its agent is not liable for
  304  disclosing information that is protected or restricted pursuant
  305  to this paragraph unless such disclosure was made with a knowing
  306  or intentional disregard of the protected or restricted nature
  307  of such information.
  308         4.The failure of the association to post information
  309  required under subparagraph 2. is not in and of itself
  310  sufficient to invalidate any action or decision of the
  311  association’s board or its committees.
  312         (13) FINANCIAL REPORTING.—Within 90 days after the end of
  313  the fiscal year, or annually on a date provided in the bylaws,
  314  the association shall prepare and complete, or contract for the
  315  preparation and completion of, a financial report for the
  316  preceding fiscal year. Within 21 days after the final financial
  317  report is completed by the association or received from the
  318  third party, but not later than 120 days after the end of the
  319  fiscal year or other date as provided in the bylaws, the
  320  association shall mail to each unit owner at the address last
  321  furnished to the association by the unit owner, or hand deliver
  322  to each unit owner, a copy of the most recent financial report
  323  or a notice that a copy of the most recent financial report will
  324  be mailed or hand delivered to the unit owner, without charge,
  325  within 5 business days after receipt of a written request from
  326  the unit owner. The division shall adopt rules setting forth
  327  uniform accounting principles and standards to be used by all
  328  associations and addressing the financial reporting requirements
  329  for multicondominium associations. The rules must include, but
  330  not be limited to, standards for presenting a summary of
  331  association reserves, including a good faith estimate disclosing
  332  the annual amount of reserve funds that would be necessary for
  333  the association to fully fund reserves for each reserve item
  334  based on the straight-line accounting method. This disclosure is
  335  not applicable to reserves funded via the pooling method. In
  336  adopting such rules, the division shall consider the number of
  337  members and annual revenues of an association. Financial reports
  338  shall be prepared as follows:
  339         (e) A unit owner may provide written notice to the division
  340  of the association’s failure to mail or hand deliver him or her
  341  a copy of the most recent financial report within 5 business
  342  days after he or she submitted a written request to the
  343  association for a copy of such report. If the division
  344  determines that the association failed to mail or hand deliver a
  345  copy of the most recent financial report to the unit owner, the
  346  division shall provide written notice to the association that
  347  the association must mail or hand deliver a copy of the most
  348  recent financial report to the unit owner and the division
  349  within 5 business days after it receives such notice from the
  350  division. An association that fails to comply with the
  351  division’s request may not waive the financial reporting
  352  requirement provided in paragraph (d) for the fiscal year in
  353  which the unit owner’s request was made and the following fiscal
  354  year. A financial report received by the division pursuant to
  355  this paragraph shall be maintained, and the division shall
  356  provide a copy of such report to an association member upon his
  357  or her request.
  358         Section 4. Paragraphs (a), (c), (d), and (j) of subsection
  359  (2) of section 718.112, Florida Statutes, are amended to read:
  360         718.112 Bylaws.—
  361         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
  362  following and, if they do not do so, shall be deemed to include
  363  the following:
  364         (a) Administration.—
  365         1. The form of administration of the association shall be
  366  described indicating the title of the officers and board of
  367  administration and specifying the powers, duties, manner of
  368  selection and removal, and compensation, if any, of officers and
  369  boards. In the absence of such a provision, the board of
  370  administration shall be composed of five members, unless the
  371  except in the case of a condominium which has five or fewer
  372  units. The board shall consist of not fewer than three members
  373  in condominiums with five or fewer units that are not-for-profit
  374  corporations, in which case in a not-for-profit corporation the
  375  board shall consist of not fewer than three members. In the
  376  absence of provisions to the contrary in the bylaws, the board
  377  of administration shall have a president, a secretary, and a
  378  treasurer, who shall perform the duties of such officers
  379  customarily performed by officers of corporations. Unless
  380  prohibited in the bylaws, the board of administration may
  381  appoint other officers and grant them the duties it deems
  382  appropriate. Unless otherwise provided in the bylaws, the
  383  officers shall serve without compensation and at the pleasure of
  384  the board of administration. Unless otherwise provided in the
  385  bylaws, the members of the board shall serve without
  386  compensation.
  387         2. When a unit owner of a residential condominium files a
  388  written inquiry by certified mail with the board of
  389  administration, the board shall respond in writing to the unit
  390  owner within 30 days after receipt of the inquiry. The board’s
  391  response shall either give a substantive response to the
  392  inquirer, notify the inquirer that a legal opinion has been
  393  requested, or notify the inquirer that advice has been requested
  394  from the division. If the board requests advice from the
  395  division, the board shall, within 10 days after its receipt of
  396  the advice, provide in writing a substantive response to the
  397  inquirer. If a legal opinion is requested, the board shall,
  398  within 60 days after the receipt of the inquiry, provide in
  399  writing a substantive response to the inquiry. The failure to
  400  provide a substantive response to the inquiry as provided herein
  401  precludes the board from recovering attorney fees and costs in
  402  any subsequent litigation, administrative proceeding, or
  403  arbitration arising out of the inquiry. The association may
  404  through its board of administration adopt reasonable rules and
  405  regulations regarding the frequency and manner of responding to
  406  unit owner inquiries, one of which may be that the association
  407  is only obligated to respond to one written inquiry per unit in
  408  any given 30-day period. In such a case, any additional inquiry
  409  or inquiries must be responded to in the subsequent 30-day
  410  period, or periods, as applicable.
  411         (c) Board of administration meetings.—Meetings of the board
  412  of administration at which a quorum of the members is present
  413  are open to all unit owners. Members of the board of
  414  administration may use e-mail as a means of communication but
  415  may not cast a vote on an association matter via e-mail. A unit
  416  owner may tape record or videotape the meetings. The right to
  417  attend such meetings includes the right to speak at such
  418  meetings with reference to all designated agenda items. The
  419  division shall adopt reasonable rules governing the tape
  420  recording and videotaping of the meeting. The association may
  421  adopt written reasonable rules governing the frequency,
  422  duration, and manner of unit owner statements.
  423         1. Adequate notice of all board meetings, which must
  424  specifically identify all agenda items, must be posted
  425  conspicuously on the condominium property at least 48 continuous
  426  hours before the meeting except in an emergency. If 20 percent
  427  of the voting interests petition the board to address an item of
  428  business, the board, within 60 days after receipt of the
  429  petition, shall place the item on the agenda at its next regular
  430  board meeting or at a special meeting called for that purpose.
  431  An item not included on the notice may be taken up on an
  432  emergency basis by a vote of at least a majority plus one of the
  433  board members. Such emergency action must be noticed and
  434  ratified at the next regular board meeting. However, Written
  435  notice of a meeting at which a nonemergency special assessment
  436  or an amendment to rules regarding unit use will be considered
  437  must be mailed, delivered, or electronically transmitted to the
  438  unit owners and posted conspicuously on the condominium property
  439  at least 14 days before the meeting. Evidence of compliance with
  440  this 14-day notice requirement must be made by an affidavit
  441  executed by the person providing the notice and filed with the
  442  official records of the association. Notice of any meeting in
  443  which regular or special assessments against unit owners are to
  444  be considered must specifically state that assessments will be
  445  considered and provide the estimated cost and description of the
  446  purposes for such assessments. Upon notice to the unit owners,
  447  the board shall, by duly adopted rule, designate a specific
  448  location on the condominium or association property where all
  449  notices of board meetings must be posted. If there is no
  450  condominium property or association property where notices can
  451  be posted, notices shall be mailed, delivered, or electronically
  452  transmitted to each unit owner at least 14 days before the
  453  meeting. In lieu of or in addition to the physical posting of
  454  the notice on the condominium property, the association may, by
  455  reasonable rule, adopt a procedure for conspicuously posting and
  456  repeatedly broadcasting the notice and the agenda on a closed
  457  circuit cable television system serving the condominium
  458  association. However, if broadcast notice is used in lieu of a
  459  notice physically posted on condominium property, the notice and
  460  agenda must be broadcast at least four times every broadcast
  461  hour of each day that a posted notice is otherwise required
  462  under this section. If broadcast notice is provided, the notice
  463  and agenda must be broadcast in a manner and for a sufficient
  464  continuous length of time so as to allow an average reader to
  465  observe the notice and read and comprehend the entire content of
  466  the notice and the agenda. In addition to any of the authorized
  467  means of providing notice of a meeting of the board, the
  468  association may, by rule, adopt a procedure for conspicuously
  469  posting the meeting notice and the agenda on a website serving
  470  the condominium association for at least the minimum period of
  471  time for which a notice of a meeting is also required to be
  472  physically posted on the condominium property. Any rule adopted
  473  shall, in addition to other matters, include a requirement that
  474  the association send an electronic notice in the same manner as
  475  a notice for a meeting of the members, which must include a
  476  hyperlink to the website where the notice is posted, to unit
  477  owners whose e-mail addresses are included in the association’s
  478  official records. Notice of any meeting in which regular or
  479  special assessments against unit owners are to be considered
  480  must specifically state that assessments will be considered and
  481  provide the nature, estimated cost, and description of the
  482  purposes for such assessments.
  483         2. Meetings of a committee to take final action on behalf
  484  of the board or make recommendations to the board regarding the
  485  association budget are subject to this paragraph. Meetings of a
  486  committee that does not take final action on behalf of the board
  487  or make recommendations to the board regarding the association
  488  budget are subject to this section, unless those meetings are
  489  exempted from this section by the bylaws of the association.
  490         3. Notwithstanding any other law, the requirement that
  491  board meetings and committee meetings be open to the unit owners
  492  does not apply to:
  493         a. Meetings between the board or a committee and the
  494  association’s attorney, with respect to proposed or pending
  495  litigation, if the meeting is held for the purpose of seeking or
  496  rendering legal advice; or
  497         b. Board meetings held for the purpose of discussing
  498  personnel matters.
  499         (d) Unit owner meetings.—
  500         1. An annual meeting of the unit owners must shall be held
  501  at the location provided in the association bylaws and, if the
  502  bylaws are silent as to the location, the meeting must shall be
  503  held within 45 miles of the condominium property. However, such
  504  distance requirement does not apply to an association governing
  505  a timeshare condominium.
  506         2. Unless the bylaws provide otherwise, a vacancy on the
  507  board caused by the expiration of a director’s term must shall
  508  be filled by electing a new board member, and the election must
  509  be by secret ballot. An election is not required if the number
  510  of vacancies equals or exceeds the number of candidates. For
  511  purposes of this paragraph, the term “candidate” means an
  512  eligible person who has timely submitted the written notice, as
  513  described in sub-subparagraph 4.a., of his or her intention to
  514  become a candidate. Except in a timeshare or nonresidential
  515  condominium, or if the staggered term of a board member does not
  516  expire until a later annual meeting, or if all members’ terms
  517  would otherwise expire but there are no candidates, the terms of
  518  all board members expire at the annual meeting, and such members
  519  may stand for reelection unless prohibited by the bylaws. Board
  520  members may serve 2-year terms longer than 1 year if permitted
  521  by the bylaws or articles of incorporation. A board member may
  522  not serve more than 8 consecutive years four consecutive 2-year
  523  terms, unless approved by an affirmative vote of unit owners
  524  representing two-thirds of all votes cast in the election the
  525  total voting interests of the association or unless there are
  526  not enough eligible candidates to fill the vacancies on the
  527  board at the time of the vacancy. If the number of board members
  528  whose terms expire at the annual meeting equals or exceeds the
  529  number of candidates, the candidates become members of the board
  530  effective upon the adjournment of the annual meeting. Unless the
  531  bylaws provide otherwise, any remaining vacancies shall be
  532  filled by the affirmative vote of the majority of the directors
  533  making up the newly constituted board even if the directors
  534  constitute less than a quorum or there is only one director. In
  535  a residential condominium association of more than 10 units or
  536  in a residential condominium association that does not include
  537  timeshare units or timeshare interests, coowners of a unit may
  538  not serve as members of the board of directors at the same time
  539  unless they own more than one unit or unless there are not
  540  enough eligible candidates to fill the vacancies on the board at
  541  the time of the vacancy. A unit owner in a residential
  542  condominium desiring to be a candidate for board membership must
  543  comply with sub-subparagraph 4.a. and must be eligible to be a
  544  candidate to serve on the board of directors at the time of the
  545  deadline for submitting a notice of intent to run in order to
  546  have his or her name listed as a proper candidate on the ballot
  547  or to serve on the board. A person who has been suspended or
  548  removed by the division under this chapter, or who is delinquent
  549  in the payment of any monetary obligation due to the
  550  association, is not eligible to be a candidate for board
  551  membership and may not be listed on the ballot. A person who has
  552  been convicted of any felony in this state or in a United States
  553  District or Territorial Court, or who has been convicted of any
  554  offense in another jurisdiction which would be considered a
  555  felony if committed in this state, is not eligible for board
  556  membership unless such felon’s civil rights have been restored
  557  for at least 5 years as of the date such person seeks election
  558  to the board. The validity of an action by the board is not
  559  affected if it is later determined that a board member is
  560  ineligible for board membership due to having been convicted of
  561  a felony. This subparagraph does not limit the term of a member
  562  of the board of a nonresidential or timeshare condominium.
  563         3. The bylaws must provide the method of calling meetings
  564  of unit owners, including annual meetings. Written notice must
  565  include an agenda, must be mailed, hand delivered, or
  566  electronically transmitted to each unit owner at least 14 days
  567  before the annual meeting, and must be posted in a conspicuous
  568  place on the condominium property at least 14 continuous days
  569  before the annual meeting. Upon notice to the unit owners, the
  570  board shall, by duly adopted rule, designate a specific location
  571  on the condominium property or association property where all
  572  notices of unit owner meetings must shall be posted. This
  573  requirement does not apply if there is no condominium property
  574  or association property for posting notices. In lieu of, or in
  575  addition to, the physical posting of meeting notices, the
  576  association may, by reasonable rule, adopt a procedure for
  577  conspicuously posting and repeatedly broadcasting the notice and
  578  the agenda on a closed-circuit cable television system serving
  579  the condominium association. However, if broadcast notice is
  580  used in lieu of a notice posted physically on the condominium
  581  property, the notice and agenda must be broadcast at least four
  582  times every broadcast hour of each day that a posted notice is
  583  otherwise required under this section. If broadcast notice is
  584  provided, the notice and agenda must be broadcast in a manner
  585  and for a sufficient continuous length of time so as to allow an
  586  average reader to observe the notice and read and comprehend the
  587  entire content of the notice and the agenda. In addition to any
  588  of the authorized means of providing notice of a meeting of the
  589  board, the association may, by rule, adopt a procedure for
  590  conspicuously posting the meeting notice and the agenda on a
  591  website serving the condominium association for at least the
  592  minimum period of time for which a notice of a meeting is also
  593  required to be physically posted on the condominium property.
  594  Any rule adopted shall, in addition to other matters, include a
  595  requirement that the association send an electronic notice in
  596  the same manner as a notice for a meeting of the members, which
  597  must include a hyperlink to the website where the notice is
  598  posted, to unit owners whose e-mail addresses are included in
  599  the association’s official records. Unless a unit owner waives
  600  in writing the right to receive notice of the annual meeting,
  601  such notice must be hand delivered, mailed, or electronically
  602  transmitted to each unit owner. Notice for meetings and notice
  603  for all other purposes must be mailed to each unit owner at the
  604  address last furnished to the association by the unit owner, or
  605  hand delivered to each unit owner. However, if a unit is owned
  606  by more than one person, the association must provide notice to
  607  the address that the developer identifies for that purpose and
  608  thereafter as one or more of the owners of the unit advise the
  609  association in writing, or if no address is given or the owners
  610  of the unit do not agree, to the address provided on the deed of
  611  record. An officer of the association, or the manager or other
  612  person providing notice of the association meeting, must provide
  613  an affidavit or United States Postal Service certificate of
  614  mailing, to be included in the official records of the
  615  association affirming that the notice was mailed or hand
  616  delivered in accordance with this provision.
  617         4. The members of the board of a residential condominium
  618  shall be elected by written ballot or voting machine. Proxies
  619  may not be used in electing the board in general elections or
  620  elections to fill vacancies caused by recall, resignation, or
  621  otherwise, unless otherwise provided in this chapter. This
  622  subparagraph does not apply to an association governing a
  623  timeshare condominium.
  624         a. At least 60 days before a scheduled election, the
  625  association shall mail, deliver, or electronically transmit, by
  626  separate association mailing or included in another association
  627  mailing, delivery, or transmission, including regularly
  628  published newsletters, to each unit owner entitled to a vote, a
  629  first notice of the date of the election. A unit owner or other
  630  eligible person desiring to be a candidate for the board must
  631  give written notice of his or her intent to be a candidate to
  632  the association at least 40 days before a scheduled election.
  633  Together with the written notice and agenda as set forth in
  634  subparagraph 3., the association shall mail, deliver, or
  635  electronically transmit a second notice of the election to all
  636  unit owners entitled to vote, together with a ballot that lists
  637  all candidates. Upon request of a candidate, an information
  638  sheet, no larger than 8 1/2 inches by 11 inches, which must be
  639  furnished by the candidate at least 35 days before the election,
  640  must be included with the mailing, delivery, or transmission of
  641  the ballot, with the costs of mailing, delivery, or electronic
  642  transmission and copying to be borne by the association. The
  643  association is not liable for the contents of the information
  644  sheets prepared by the candidates. In order to reduce costs, the
  645  association may print or duplicate the information sheets on
  646  both sides of the paper. The division shall by rule establish
  647  voting procedures consistent with this sub-subparagraph,
  648  including rules establishing procedures for giving notice by
  649  electronic transmission and rules providing for the secrecy of
  650  ballots. Elections shall be decided by a plurality of ballots
  651  cast. There is no quorum requirement; however, at least 20
  652  percent of the eligible voters must cast a ballot in order to
  653  have a valid election. A unit owner may not authorize permit any
  654  other person to vote his or her ballot, and any ballots
  655  improperly cast are invalid. A unit owner who violates this
  656  provision may be fined by the association in accordance with s.
  657  718.303. A unit owner who needs assistance in casting the ballot
  658  for the reasons stated in s. 101.051 may obtain such assistance.
  659  The regular election must occur on the date of the annual
  660  meeting. Notwithstanding this sub-subparagraph, an election is
  661  not required unless more candidates file notices of intent to
  662  run or are nominated than board vacancies exist.
  663         b. Within 90 days after being elected or appointed to the
  664  board of an association of a residential condominium, each newly
  665  elected or appointed director shall certify in writing to the
  666  secretary of the association that he or she has read the
  667  association’s declaration of condominium, articles of
  668  incorporation, bylaws, and current written policies; that he or
  669  she will work to uphold such documents and policies to the best
  670  of his or her ability; and that he or she will faithfully
  671  discharge his or her fiduciary responsibility to the
  672  association’s members. In lieu of this written certification,
  673  within 90 days after being elected or appointed to the board,
  674  the newly elected or appointed director may submit a certificate
  675  of having satisfactorily completed the educational curriculum
  676  administered by a division-approved condominium education
  677  provider within 1 year before or 90 days after the date of
  678  election or appointment. The written certification or
  679  educational certificate is valid and does not have to be
  680  resubmitted as long as the director serves on the board without
  681  interruption. A director of an association of a residential
  682  condominium who fails to timely file the written certification
  683  or educational certificate is suspended from service on the
  684  board until he or she complies with this sub-subparagraph. The
  685  board may temporarily fill the vacancy during the period of
  686  suspension. The secretary shall cause the association to retain
  687  a director’s written certification or educational certificate
  688  for inspection by the members for 5 years after a director’s
  689  election or the duration of the director’s uninterrupted tenure,
  690  whichever is longer. Failure to have such written certification
  691  or educational certificate on file does not affect the validity
  692  of any board action.
  693         c. Any challenge to the election process must be commenced
  694  within 60 days after the election results are announced.
  695         5. Any approval by unit owners called for by this chapter
  696  or the applicable declaration or bylaws, including, but not
  697  limited to, the approval requirement in s. 718.111(8), must be
  698  made at a duly noticed meeting of unit owners and is subject to
  699  all requirements of this chapter or the applicable condominium
  700  documents relating to unit owner decisionmaking, except that
  701  unit owners may take action by written agreement, without
  702  meetings, on matters for which action by written agreement
  703  without meetings is expressly allowed by the applicable bylaws
  704  or declaration or any law that provides for such action.
  705         6. Unit owners may waive notice of specific meetings if
  706  allowed by the applicable bylaws or declaration or any law.
  707  Notice of meetings of the board of administration, unit owner
  708  meetings, except unit owner meetings called to recall board
  709  members under paragraph (j), and committee meetings may be given
  710  by electronic transmission to unit owners who consent to receive
  711  notice by electronic transmission. A unit owner who consents to
  712  receiving notices by electronic transmission is solely
  713  responsible for removing or bypassing filters that block receipt
  714  of mass emails sent to members on behalf of the association in
  715  the course of giving electronic notices.
  716         7. Unit owners have the right to participate in meetings of
  717  unit owners with reference to all designated agenda items.
  718  However, the association may adopt reasonable rules governing
  719  the frequency, duration, and manner of unit owner participation.
  720         8. A unit owner may tape record or videotape a meeting of
  721  the unit owners subject to reasonable rules adopted by the
  722  division.
  723         9. Unless otherwise provided in the bylaws, any vacancy
  724  occurring on the board before the expiration of a term may be
  725  filled by the affirmative vote of the majority of the remaining
  726  directors, even if the remaining directors constitute less than
  727  a quorum, or by the sole remaining director. In the alternative,
  728  a board may hold an election to fill the vacancy, in which case
  729  the election procedures must conform to sub-subparagraph 4.a.
  730  unless the association governs 10 units or fewer and has opted
  731  out of the statutory election process, in which case the bylaws
  732  of the association control. Unless otherwise provided in the
  733  bylaws, a board member appointed or elected under this section
  734  shall fill the vacancy for the unexpired term of the seat being
  735  filled. Filling vacancies created by recall is governed by
  736  paragraph (j) and rules adopted by the division.
  737         10. This chapter does not limit the use of general or
  738  limited proxies, require the use of general or limited proxies,
  739  or require the use of a written ballot or voting machine for any
  740  agenda item or election at any meeting of a timeshare
  741  condominium association or nonresidential condominium
  742  association.
  743  
  744  Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
  745  association of 10 or fewer units may, by affirmative vote of a
  746  majority of the total voting interests, provide for different
  747  voting and election procedures in its bylaws, which may be by a
  748  proxy specifically delineating the different voting and election
  749  procedures. The different voting and election procedures may
  750  provide for elections to be conducted by limited or general
  751  proxy.
  752         (j) Recall of board members.—Subject to s. 718.301, any
  753  member of the board of administration may be recalled and
  754  removed from office with or without cause by the vote or
  755  agreement in writing by a majority of all the voting interests.
  756  A special meeting of the unit owners to recall a member or
  757  members of the board of administration may be called by 10
  758  percent of the voting interests giving notice of the meeting as
  759  required for a meeting of unit owners, and the notice shall
  760  state the purpose of the meeting. Electronic transmission may
  761  not be used as a method of giving notice of a meeting called in
  762  whole or in part for this purpose.
  763         1. If the recall is approved by a majority of all voting
  764  interests by a vote at a meeting, the recall will be effective
  765  as provided in this paragraph. The board shall duly notice and
  766  hold a board meeting within 5 full business days after the
  767  adjournment of the unit owner meeting to recall one or more
  768  board members. Such member or members shall be recalled
  769  effective immediately upon conclusion of the board meeting
  770  provided that the recall is facially valid. A recalled member
  771  must and shall turn over to the board, within 10 full business
  772  days after the vote, any and all records and property of the
  773  association in their possession.
  774         2. If the proposed recall is by an agreement in writing by
  775  a majority of all voting interests, the agreement in writing or
  776  a copy thereof shall be served on the association by certified
  777  mail or by personal service in the manner authorized by chapter
  778  48 and the Florida Rules of Civil Procedure. The board of
  779  administration shall duly notice and hold a meeting of the board
  780  within 5 full business days after receipt of the agreement in
  781  writing. Such member or members shall be recalled effective
  782  immediately upon the conclusion of the board meeting provided
  783  that the recall is facially valid. A recalled member must and
  784  shall turn over to the board, within 10 full business days, any
  785  and all records and property of the association in their
  786  possession.
  787         3. If the board fails to duly notice and hold a board
  788  meeting within 5 full business days after service of an
  789  agreement in writing or within 5 full business days after the
  790  adjournment of the unit owner recall meeting, the recall shall
  791  be deemed effective and the board members so recalled shall turn
  792  over to the board within 10 full business days after the vote
  793  any and all records and property of the association.
  794         4. If the board fails to duly notice and hold the required
  795  meeting or at the conclusion of the meeting determines that the
  796  recall is not facially valid fails to file the required
  797  petition, the unit owner representative may file a petition
  798  pursuant to s. 718.1255 challenging the board’s failure to act
  799  or challenging the board’s determination on facial validity. The
  800  petition must be filed within 60 days after the expiration of
  801  the applicable 5-full-business-day period. The review of a
  802  petition under this subparagraph is limited to the sufficiency
  803  of service on the board and the facial validity of the written
  804  agreement or ballots filed.
  805         5. If a vacancy occurs on the board as a result of a recall
  806  or removal and less than a majority of the board members are
  807  removed, the vacancy may be filled by the affirmative vote of a
  808  majority of the remaining directors, notwithstanding any
  809  provision to the contrary contained in this subsection. If
  810  vacancies occur on the board as a result of a recall and a
  811  majority or more of the board members are removed, the vacancies
  812  shall be filled in accordance with procedural rules to be
  813  adopted by the division, which rules need not be consistent with
  814  this subsection. The rules must provide procedures governing the
  815  conduct of the recall election as well as the operation of the
  816  association during the period after a recall but before the
  817  recall election.
  818         6. A board member who has been recalled may file a petition
  819  pursuant to s. 718.1255 challenging the validity of the recall.
  820  The petition must be filed within 60 days after the recall. The
  821  association and the unit owner representative shall be named as
  822  the respondents. The petition may challenge the facial validity
  823  of the written agreement or ballots filed or the substantial
  824  compliance with the procedural requirements for the recall. If
  825  the arbitrator determines the recall was invalid, the
  826  petitioning board member shall immediately be reinstated and the
  827  recall is null and void. A board member who is successful in
  828  challenging a recall is entitled to recover reasonable attorney
  829  fees and costs from the respondents. The arbitrator may award
  830  reasonable attorney fees and costs to the respondents if they
  831  prevail, if the arbitrator makes a finding that the petitioner’s
  832  claim is frivolous.
  833         7. The division may not accept for filing a recall
  834  petition, whether filed pursuant to subparagraph 1.,
  835  subparagraph 2., subparagraph 4., or subparagraph 6. when there
  836  are 60 or fewer days until the scheduled reelection of the board
  837  member sought to be recalled or when 60 or fewer days have
  838  elapsed since the election of the board member sought to be
  839  recalled.
  840         Section 5. Subsection (2) of section 718.113, Florida
  841  Statutes, is amended, and a new subsection (8) is added to that
  842  section, to read:
  843         718.113 Maintenance; limitation upon improvement; display
  844  of flag; hurricane shutters and protection; display of religious
  845  decorations.—
  846         (2)(a) Except as otherwise provided in this section, there
  847  shall be no material alteration or substantial additions to the
  848  common elements or to real property which is association
  849  property, except in a manner provided in the declaration as
  850  originally recorded or as amended under the procedures provided
  851  therein. If the declaration as originally recorded or as amended
  852  under the procedures provided therein does not specify the
  853  procedure for approval of material alterations or substantial
  854  additions, 75 percent of the total voting interests of the
  855  association must approve the alterations or additions before the
  856  material alterations or substantial additions are commenced.
  857  This paragraph is intended to clarify existing law and applies
  858  to associations existing on July 1, 2018 October 1, 2008.
  859         (b) There shall not be any material alteration of, or
  860  substantial addition to, the common elements of any condominium
  861  operated by a multicondominium association unless approved in
  862  the manner provided in the declaration of the affected
  863  condominium or condominiums as originally recorded or as amended
  864  under the procedures provided therein. If a declaration as
  865  originally recorded or as amended under the procedures provided
  866  therein does not specify a procedure for approving such an
  867  alteration or addition, the approval of 75 percent of the total
  868  voting interests of each affected condominium is required before
  869  the material alterations or substantial additions are commenced.
  870  This subsection does not prohibit a provision in any
  871  declaration, articles of incorporation, or bylaws as originally
  872  recorded or as amended under the procedures provided therein
  873  requiring the approval of unit owners in any condominium
  874  operated by the same association or requiring board approval
  875  before a material alteration or substantial addition to the
  876  common elements is permitted. This paragraph is intended to
  877  clarify existing law and applies to associations existing on
  878  July 1, 2018 the effective date of this act.
  879         (c) There shall not be any material alteration or
  880  substantial addition made to association real property operated
  881  by a multicondominium association, except as provided in the
  882  declaration, articles of incorporation, or bylaws as originally
  883  recorded or as amended under the procedures provided therein. If
  884  the declaration, articles of incorporation, or bylaws as
  885  originally recorded or as amended under the procedures provided
  886  therein do not specify the procedure for approving an alteration
  887  or addition to association real property, the approval of 75
  888  percent of the total voting interests of the association is
  889  required before the material alterations or substantial
  890  additions are commenced. This paragraph is intended to clarify
  891  existing law and applies to associations existing on July 1,
  892  2018 the effective date of this act.
  893         (8)The Legislature finds that the use of electric vehicles
  894  conserves and protects the state’s environmental resources,
  895  provides significant economic savings to drivers, and serves an
  896  important public interest. The participation of condominium
  897  associations is essential to the state’s efforts to conserve and
  898  protect the state’s environmental resources and provide economic
  899  savings to drivers. Therefore, the installation of an electric
  900  vehicle charging station shall be governed as follows:
  901         (a)A declaration of condominium or restrictive covenant
  902  may not prohibit or be enforced so as to prohibit any unit owner
  903  from installing an electric vehicle charging station within the
  904  boundaries of the unit owner’s limited common element parking
  905  area. The board of administration of a condominium association
  906  may not prohibit a unit owner from installing an electric
  907  vehicle charging station for an electric vehicle, as defined in
  908  s. 320.01, within the boundaries of his or her limited common
  909  element parking area. The installation of such charging stations
  910  are subject to the provisions of this subsection.
  911         (b)The installation may not cause irreparable damage to
  912  the condominium property.
  913         (c)The electricity for the electric vehicle charging
  914  station must be separately metered and payable by the unit owner
  915  installing such charging station.
  916         (d)The unit owner who is installing an electric vehicle
  917  charging station is responsible for the costs of installation,
  918  operation, maintenance, and repair, including, but not limited
  919  to, hazard and liability insurance. The association may enforce
  920  payment of such costs pursuant to s. 718.116.
  921         (e)If the unit owner or his or her successor decides there
  922  is no longer a need for the electronic vehicle charging station,
  923  such person is responsible for the cost of removal of the
  924  electronic vehicle charging station. The association may enforce
  925  payment of such costs pursuant to s. 718.116.
  926         (f)The association may require the unit owner to:
  927         1.Comply with bona fide safety requirements, consistent
  928  with applicable building codes or recognized safety standards,
  929  for the protection of persons and property.
  930         2.Comply with reasonable architectural standards adopted
  931  by the association that govern the dimensions, placement, or
  932  external appearance of the electric vehicle charging station,
  933  provided that such standards may not prohibit the installation
  934  of such charging station or substantially increase the cost
  935  thereof.
  936         3.Engage the services of a licensed and registered
  937  electrical contractor or engineer familiar with the installation
  938  and core requirements of an electric vehicle charging station.
  939         4.Provide a certificate of insurance naming the
  940  association as an additional insured on the owner’s insurance
  941  policy for any claim related to the installation, maintenance,
  942  or use of the electric vehicle charging station within 14 days
  943  after receiving the association’s approval to install such
  944  charging station.
  945         5.Reimburse the association for the actual cost of any
  946  increased insurance premium amount attributable to the electric
  947  vehicle charging station within 14 days after receiving the
  948  association’s insurance premium invoice.
  949         (g)The association provides an implied easement across the
  950  common elements of the condominium property to the unit owner
  951  for purposes of the installation of the electric vehicle
  952  charging station and the furnishing of electrical power,
  953  including any necessary equipment, to such charging station,
  954  subject to the requirements of this subsection.
  955         Section 6. Subsection (2) of section 718.121, Florida
  956  Statutes, is amended to read:
  957         718.121 Liens.—
  958         (2) Labor performed on or materials furnished to a unit
  959  shall not be the basis for the filing of a lien pursuant to part
  960  I of chapter 713, the Construction Lien Law, against the unit or
  961  condominium parcel of any unit owner not expressly consenting to
  962  or requesting the labor or materials. Labor performed on or
  963  materials furnished for the installation of an electronic
  964  vehicle charging station pursuant to s. 718.113(8) may not be
  965  the basis for filing a lien under part I of chapter 713 against
  966  the association, but such a lien may filed against the unit
  967  owner. Labor performed on or materials furnished to the common
  968  elements are not the basis for a lien on the common elements,
  969  but if authorized by the association, the labor or materials are
  970  deemed to be performed or furnished with the express consent of
  971  each unit owner and may be the basis for the filing of a lien
  972  against all condominium parcels in the proportions for which the
  973  owners are liable for common expenses.
  974         Section 7. Subsection (3) of section 718.3026, Florida
  975  Statutes, is amended to read:
  976         718.3026 Contracts for products and services; in writing;
  977  bids; exceptions.—Associations with 10 or fewer units may opt
  978  out of the provisions of this section if two-thirds of the unit
  979  owners vote to do so, which opt-out may be accomplished by a
  980  proxy specifically setting forth the exception from this
  981  section.
  982         (3)As to any contract or other transaction between an
  983  association and one or more of its directors or any other
  984  corporation, firm, association, or entity in which one or more
  985  of its directors are directors or officers or are financially
  986  interested:
  987         (a)The association shall comply with the requirements of
  988  s. 617.0832.
  989         (b)The disclosures required by s. 617.0832 shall be
  990  entered into the written minutes of the meeting.
  991         (c)Approval of the contract or other transaction shall
  992  require an affirmative vote of two-thirds of the directors
  993  present.
  994         (d)At the next regular or special meeting of the members,
  995  the existence of the contract or other transaction shall be
  996  disclosed to the members. Upon motion of any member, the
  997  contract or transaction shall be brought up for a vote and may
  998  be canceled by a majority vote of the members present. Should
  999  the members cancel the contract, the association shall only be
 1000  liable for the reasonable value of goods and services provided
 1001  up to the time of cancellation and shall not be liable for any
 1002  termination fee, liquidated damages, or other form of penalty
 1003  for such cancellation.
 1004         Section 8. Section 718.3027, Florida Statutes, is amended
 1005  to read:
 1006         718.3027 Conflicts of interest.—
 1007         (1) Directors and officers of a board of an association
 1008  that is not a timeshare condominium association, and the
 1009  relatives of such directors and officers, must disclose to the
 1010  board any activity that may reasonably be construed to be a
 1011  conflict of interest. A rebuttable presumption of a conflict of
 1012  interest exists if any of the following occurs without prior
 1013  notice, as required in subsection (5)(4):
 1014         (a)  A director or an officer, or a relative of a director
 1015  or an officer, enters into a contract for goods or services with
 1016  the association.
 1017         (b)  A director or an officer, or a relative of a director
 1018  or an officer, holds an interest in a corporation, limited
 1019  liability corporation, partnership, limited liability
 1020  partnership, or other business entity that conducts business
 1021  with the association or proposes to enter into a contract or
 1022  other transaction with the association.
 1023         (2) If a director or an officer, or a relative of a
 1024  director or an officer, proposes to engage in an activity that
 1025  is a conflict of interest, as described in subsection (1), the
 1026  proposed activity must be listed on, and all contracts and
 1027  transactional documents related to the proposed activity must be
 1028  attached to, the meeting agenda. The association shall comply
 1029  with the requirements of s. 617.0832, and the disclosures
 1030  required by s. 617.0832 shall be entered into the written
 1031  minutes of the meeting. Approval of the contract or other
 1032  transaction requires an affirmative vote of two-thirds of all
 1033  other directors present. At the next regular or special meeting
 1034  of the members, the existence of the contract or other
 1035  transaction shall be disclosed to the members. Upon motion of
 1036  any member, the contract or transaction shall be brought up for
 1037  a vote and may be canceled by a majority vote of the members
 1038  present. If the contract is canceled, the association is only
 1039  liable for the reasonable value of the goods and services
 1040  provided up to the time of cancellation and is not liable for
 1041  any termination fee, liquidated damages, or other form of
 1042  penalty for such cancellation.
 1043         (3) If the board votes against the proposed activity, the
 1044  director or officer, or the relative of the director or officer,
 1045  must notify the board in writing of his or her intention not to
 1046  pursue the proposed activity or to withdraw from office. If the
 1047  board finds that an officer or a director has violated this
 1048  subsection, the officer or director shall be deemed removed from
 1049  office. The vacancy shall be filled according to general law.
 1050         (4)(3) A director or an officer, or a relative of a
 1051  director or an officer, who is a party to, or has an interest
 1052  in, an activity that is a possible conflict of interest, as
 1053  described in subsection (1), may attend the meeting at which the
 1054  activity is considered by the board and is authorized to make a
 1055  presentation to the board regarding the activity. After the
 1056  presentation, the director or officer, or the relative of the
 1057  director or officer, must leave the meeting during the
 1058  discussion of, and the vote on, the activity. A director or an
 1059  officer who is a party to, or has an interest in, the activity
 1060  must recuse himself or herself from the vote.
 1061         (5)(4) A contract entered into between a director or an
 1062  officer, or a relative of a director or an officer, and the
 1063  association, which is not a timeshare condominium association,
 1064  that has not been properly disclosed as a conflict of interest
 1065  or potential conflict of interest as required by s.
 1066  718.111(12)(g) is voidable and terminates upon the filing of a
 1067  written notice terminating the contract with the board of
 1068  directors which contains the consent of at least 20 percent of
 1069  the voting interests of the association.
 1070         (6)(5) As used in this section, the term “relative” means a
 1071  relative within the third degree of consanguinity by blood or
 1072  marriage.
 1073         Section 9. Paragraph (b) of subsection (3) of section
 1074  718.303, Florida Statutes, is amended to read:
 1075         718.303 Obligations of owners and occupants; remedies.—
 1076         (3) The association may levy reasonable fines for the
 1077  failure of the owner of the unit or its occupant, licensee, or
 1078  invitee to comply with any provision of the declaration, the
 1079  association bylaws, or reasonable rules of the association. A
 1080  fine may not become a lien against a unit. A fine may be levied
 1081  by the board on the basis of each day of a continuing violation,
 1082  with a single notice and opportunity for hearing before a
 1083  committee as provided in paragraph (b). However, the fine may
 1084  not exceed $100 per violation, or $1,000 in the aggregate.
 1085         (b) A fine or suspension levied by the board of
 1086  administration may not be imposed unless the board first
 1087  provides at least 14 days’ written notice and an opportunity for
 1088  a hearing to the unit owner and, if applicable, any its
 1089  occupant, licensee, or invitee of the unit owner sought to be
 1090  fined or suspended and an opportunity for a hearing. The hearing
 1091  must be held before a committee of at least three members
 1092  appointed by the board who are not officers, directors, or
 1093  employees of the association, or the spouse, parent, child,
 1094  brother, or sister of an officer, director, or employee other
 1095  unit owners who are neither board members nor persons residing
 1096  in a board member’s household. The role of the committee is
 1097  limited to determining whether to confirm or reject the fine or
 1098  suspension levied by the board. If the committee does not
 1099  approve agree, the proposed fine or suspension by majority vote,
 1100  the fine or suspension may not be imposed. If the proposed fine
 1101  or suspension is approved by the committee, the fine payment is
 1102  due 5 days after the date of the committee meeting at which the
 1103  fine is approved. The association must provide written notice of
 1104  such fine or suspension by mail or hand delivery to the unit
 1105  owner and, if applicable, to any tenant, licensee, or invitee of
 1106  the unit owner.
 1107         Section 10. Section 718.707, Florida Statutes, is amended
 1108  to read:
 1109         718.707 Time limitation for classification as bulk assignee
 1110  or bulk buyer.—A person acquiring condominium parcels may not be
 1111  classified as a bulk assignee or bulk buyer unless the
 1112  condominium parcels were acquired on or after July 1, 2010, but
 1113  before July 1, 2018. The date of such acquisition shall be
 1114  determined by the date of recording a deed or other instrument
 1115  of conveyance for such parcels in the public records of the
 1116  county in which the condominium is located, or by the date of
 1117  issuing a certificate of title in a foreclosure proceeding with
 1118  respect to such condominium parcels.
 1119         Section 11. Paragraphs (a) and (b) of subsection (2) of
 1120  section 719.104, Florida Statutes, are amended to read:
 1121         719.104 Cooperatives; access to units; records; financial
 1122  reports; assessments; purchase of leases.—
 1123         (2) OFFICIAL RECORDS.—
 1124         (a) From the inception of the association, the association
 1125  shall maintain a copy of each of the following, where
 1126  applicable, which shall constitute the official records of the
 1127  association:
 1128         1. The plans, permits, warranties, and other items provided
 1129  by the developer pursuant to s. 719.301(4).
 1130         2. A photocopy of the cooperative documents.
 1131         3. A copy of the current rules of the association.
 1132         4. A book or books containing the minutes of all meetings
 1133  of the association, of the board of directors, and of the unit
 1134  owners, which minutes shall be retained for a period of not less
 1135  than 7 years.
 1136         5. A current roster of all unit owners and their mailing
 1137  addresses, unit identifications, voting certifications, and, if
 1138  known, telephone numbers. The association shall also maintain
 1139  the e-mail electronic mailing addresses and the numbers
 1140  designated by unit owners for receiving notice sent by
 1141  electronic transmission of those unit owners consenting to
 1142  receive notice by electronic transmission. The e-mail electronic
 1143  mailing addresses and numbers provided by unit owners to receive
 1144  notice by electronic transmission shall be removed from
 1145  association records when consent to receive notice by electronic
 1146  transmission is revoked. However, the association is not liable
 1147  for an erroneous disclosure of the e-mail electronic mail
 1148  address or the number for receiving electronic transmission of
 1149  notices.
 1150         6. All current insurance policies of the association.
 1151         7. A current copy of any management agreement, lease, or
 1152  other contract to which the association is a party or under
 1153  which the association or the unit owners have an obligation or
 1154  responsibility.
 1155         8. Bills of sale or transfer for all property owned by the
 1156  association.
 1157         9. Accounting records for the association and separate
 1158  accounting records for each unit it operates, according to good
 1159  accounting practices. All accounting records shall be maintained
 1160  for a period of not less than 7 years. The accounting records
 1161  shall include, but not be limited to:
 1162         a. Accurate, itemized, and detailed records of all receipts
 1163  and expenditures.
 1164         b. A current account and a monthly, bimonthly, or quarterly
 1165  statement of the account for each unit designating the name of
 1166  the unit owner, the due date and amount of each assessment, the
 1167  amount paid upon the account, and the balance due.
 1168         c. All audits, reviews, accounting statements, and
 1169  financial reports of the association.
 1170         d. All contracts for work to be performed. Bids for work to
 1171  be performed shall also be considered official records and shall
 1172  be maintained for a period of 1 year.
 1173         10. Ballots, sign-in sheets, voting proxies, and all other
 1174  papers and electronic records relating to voting by unit owners,
 1175  which shall be maintained for a period of 1 year after the date
 1176  of the election, vote, or meeting to which the document relates.
 1177         11. All rental records where the association is acting as
 1178  agent for the rental of units.
 1179         12. A copy of the current question and answer sheet as
 1180  described in s. 719.504.
 1181         13. All other written records of the association not
 1182  specifically included in the foregoing which are related to the
 1183  operation of the association.
 1184         (b) The official records of the association must be
 1185  maintained within the state for at least 7 years. The records of
 1186  the association shall be made available to a unit owner within
 1187  45 miles of the cooperative property or within the county in
 1188  which the cooperative property is located within 10 5 working
 1189  days after receipt of written request by the board or its
 1190  designee. This paragraph may be complied with by having a copy
 1191  of the official records of the association available for
 1192  inspection or copying on the cooperative property or the
 1193  association may offer the option of making the records available
 1194  to a unit owner electronically via the Internet or by allowing
 1195  the records to be viewed in an electronic format on a computer
 1196  screen and printed upon request. The association is not
 1197  responsible for the use or misuse of the information provided to
 1198  an association member or his or her authorized representative
 1199  pursuant to the compliance requirements of this chapter unless
 1200  the association has an affirmative duty not to disclose such
 1201  information pursuant to this chapter.
 1202         Section 12. Paragraphs (a), (c), and (d) of subsection (1)
 1203  of section 719.106, Florida Statutes, are amended, and paragraph
 1204  (m) is added to that subsection, to read:
 1205         719.106 Bylaws; cooperative ownership.—
 1206         (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
 1207  documents shall provide for the following, and if they do not,
 1208  they shall be deemed to include the following:
 1209         (a) Administration.—
 1210         1. The form of administration of the association shall be
 1211  described, indicating the titles of the officers and board of
 1212  administration and specifying the powers, duties, manner of
 1213  selection and removal, and compensation, if any, of officers and
 1214  board members. In the absence of such a provision, the board of
 1215  administration shall be composed of five members, unless the
 1216  cooperative except in the case of cooperatives has having five
 1217  or fewer units., in which case in not-for-profit corporations,
 1218  The board shall consist of not fewer than three members in
 1219  cooperatives with five or fewer units that are not-for-profit
 1220  corporations. In a residential cooperative association of more
 1221  than 10 units, co-owners of a unit may not serve as members of
 1222  the board of directors at the same time unless the co-owners own
 1223  more than one unit or unless there are not enough eligible
 1224  candidates to fill the vacancies on the board at the time of the
 1225  vacancy. In the absence of provisions to the contrary, the board
 1226  of administration shall have a president, a secretary, and a
 1227  treasurer, who shall perform the duties of those offices
 1228  customarily performed by officers of corporations. Unless
 1229  prohibited in the bylaws, the board of administration may
 1230  appoint other officers and grant them those duties it deems
 1231  appropriate. Unless otherwise provided in the bylaws, the
 1232  officers shall serve without compensation and at the pleasure of
 1233  the board. Unless otherwise provided in the bylaws, the members
 1234  of the board shall serve without compensation.
 1235         2. A person who has been suspended or removed by the
 1236  division under this chapter, or who is delinquent in the payment
 1237  of any monetary obligation due to the association, is not
 1238  eligible to be a candidate for board membership and may not be
 1239  listed on the ballot. A director or officer charged by
 1240  information or indictment with a felony theft or embezzlement
 1241  offense involving the association’s funds or property is
 1242  suspended from office. The board shall fill the vacancy
 1243  according to general law until the end of the period of the
 1244  suspension or the end of the director’s term of office,
 1245  whichever occurs first. However, if the charges are resolved
 1246  without a finding of guilt or without acceptance of a plea of
 1247  guilty or nolo contendere, the director or officer shall be
 1248  reinstated for any remainder of his or her term of office. A
 1249  member who has such criminal charges pending may not be
 1250  appointed or elected to a position as a director or officer. A
 1251  person who has been convicted of any felony in this state or in
 1252  any United States District Court, or who has been convicted of
 1253  any offense in another jurisdiction which would be considered a
 1254  felony if committed in this state, is not eligible for board
 1255  membership unless such felon’s civil rights have been restored
 1256  for at least 5 years as of the date such person seeks election
 1257  to the board. The validity of an action by the board is not
 1258  affected if it is later determined that a board member is
 1259  ineligible for board membership due to having been convicted of
 1260  a felony.
 1261         3. When a unit owner files a written inquiry by certified
 1262  mail with the board of administration, the board shall respond
 1263  in writing to the unit owner within 30 days of receipt of the
 1264  inquiry. The board’s response shall either give a substantive
 1265  response to the inquirer, notify the inquirer that a legal
 1266  opinion has been requested, or notify the inquirer that advice
 1267  has been requested from the division. If the board requests
 1268  advice from the division, the board shall, within 10 days of its
 1269  receipt of the advice, provide in writing a substantive response
 1270  to the inquirer. If a legal opinion is requested, the board
 1271  shall, within 60 days after the receipt of the inquiry, provide
 1272  in writing a substantive response to the inquirer. The failure
 1273  to provide a substantive response to the inquirer as provided
 1274  herein precludes the board from recovering attorney’s fees and
 1275  costs in any subsequent litigation, administrative proceeding,
 1276  or arbitration arising out of the inquiry. The association may,
 1277  through its board of administration, adopt reasonable rules and
 1278  regulations regarding the frequency and manner of responding to
 1279  the unit owners’ inquiries, one of which may be that the
 1280  association is obligated to respond to only one written inquiry
 1281  per unit in any given 30-day period. In such case, any
 1282  additional inquiry or inquiries must be responded to in the
 1283  subsequent 30-day period, or periods, as applicable.
 1284         (c) Board of administration meetings.Members of the board
 1285  of administration may use e-mail as a means of communication but
 1286  may not cast a vote on an association matter via e-mail.
 1287  Meetings of the board of administration at which a quorum of the
 1288  members is present shall be open to all unit owners. Any unit
 1289  owner may tape record or videotape meetings of the board of
 1290  administration. The right to attend such meetings includes the
 1291  right to speak at such meetings with reference to all designated
 1292  agenda items. The division shall adopt reasonable rules
 1293  governing the tape recording and videotaping of the meeting. The
 1294  association may adopt reasonable written rules governing the
 1295  frequency, duration, and manner of unit owner statements.
 1296  Adequate notice of all meetings shall be posted in a conspicuous
 1297  place upon the cooperative property at least 48 continuous hours
 1298  preceding the meeting, except in an emergency. Any item not
 1299  included on the notice may be taken up on an emergency basis by
 1300  at least a majority plus one of the members of the board. Such
 1301  emergency action shall be noticed and ratified at the next
 1302  regular meeting of the board. Notice of any meeting in which
 1303  regular or special assessments against unit owners are to be
 1304  considered must specifically state that assessments will be
 1305  considered and provide the estimated cost and description of the
 1306  purpose for such assessments. However, Written notice of any
 1307  meeting at which nonemergency special assessments, or at which
 1308  amendment to rules regarding unit use, will be considered shall
 1309  be mailed, delivered, or electronically transmitted to the unit
 1310  owners and posted conspicuously on the cooperative property not
 1311  less than 14 days before the meeting. Evidence of compliance
 1312  with this 14-day notice shall be made by an affidavit executed
 1313  by the person providing the notice and filed among the official
 1314  records of the association. Upon notice to the unit owners, the
 1315  board shall by duly adopted rule designate a specific location
 1316  on the cooperative property upon which all notices of board
 1317  meetings shall be posted. In lieu of or in addition to the
 1318  physical posting of notice of any meeting of the board of
 1319  administration on the cooperative property, the association may,
 1320  by reasonable rule, adopt a procedure for conspicuously posting
 1321  and repeatedly broadcasting the notice and the agenda on a
 1322  closed-circuit cable television system serving the cooperative
 1323  association. However, if broadcast notice is used in lieu of a
 1324  notice posted physically on the cooperative property, the notice
 1325  and agenda must be broadcast at least four times every broadcast
 1326  hour of each day that a posted notice is otherwise required
 1327  under this section. When broadcast notice is provided, the
 1328  notice and agenda must be broadcast in a manner and for a
 1329  sufficient continuous length of time so as to allow an average
 1330  reader to observe the notice and read and comprehend the entire
 1331  content of the notice and the agenda. In addition to any of the
 1332  authorized means of providing notice of a meeting of the board,
 1333  the association may, by rule, adopt a procedure for
 1334  conspicuously posting the meeting notice and the agenda on a
 1335  website serving the cooperative association for at least the
 1336  minimum period of time for which a notice of a meeting is also
 1337  required to be physically posted on the cooperative property.
 1338  Any rule adopted shall, in addition to other matters, include a
 1339  requirement that the association send an electronic notice in
 1340  the same manner as a notice for a meeting of the members, which
 1341  must include a hyperlink to the website where the notice is
 1342  posted, to unit owners whose e-mail addresses are included in
 1343  the association’s official records. Notice of any meeting in
 1344  which regular assessments against unit owners are to be
 1345  considered for any reason shall specifically contain a statement
 1346  that assessments will be considered and the nature of any such
 1347  assessments. Meetings of a committee to take final action on
 1348  behalf of the board or to make recommendations to the board
 1349  regarding the association budget are subject to the provisions
 1350  of this paragraph. Meetings of a committee that does not take
 1351  final action on behalf of the board or make recommendations to
 1352  the board regarding the association budget are subject to the
 1353  provisions of this section, unless those meetings are exempted
 1354  from this section by the bylaws of the association.
 1355  Notwithstanding any other law to the contrary, the requirement
 1356  that board meetings and committee meetings be open to the unit
 1357  owners does not apply to board or committee meetings held for
 1358  the purpose of discussing personnel matters or meetings between
 1359  the board or a committee and the association’s attorney, with
 1360  respect to proposed or pending litigation, if the meeting is
 1361  held for the purpose of seeking or rendering legal advice.
 1362         (d) Shareholder meetings.—There shall be an annual meeting
 1363  of the shareholders. All members of the board of administration
 1364  shall be elected at the annual meeting unless the bylaws provide
 1365  for staggered election terms or for their election at another
 1366  meeting. Any unit owner desiring to be a candidate for board
 1367  membership must comply with subparagraph 1. The bylaws must
 1368  provide the method for calling meetings, including annual
 1369  meetings. Written notice, which must incorporate an
 1370  identification of agenda items, shall be given to each unit
 1371  owner at least 14 days before the annual meeting and posted in a
 1372  conspicuous place on the cooperative property at least 14
 1373  continuous days preceding the annual meeting. Upon notice to the
 1374  unit owners, the board must by duly adopted rule designate a
 1375  specific location on the cooperative property upon which all
 1376  notice of unit owner meetings are posted. In lieu of or in
 1377  addition to the physical posting of the meeting notice, the
 1378  association may, by reasonable rule, adopt a procedure for
 1379  conspicuously posting and repeatedly broadcasting the notice and
 1380  the agenda on a closed-circuit cable television system serving
 1381  the cooperative association. However, if broadcast notice is
 1382  used in lieu of a posted notice, the notice and agenda must be
 1383  broadcast at least four times every broadcast hour of each day
 1384  that a posted notice is otherwise required under this section.
 1385  If broadcast notice is provided, the notice and agenda must be
 1386  broadcast in a manner and for a sufficient continuous length of
 1387  time to allow an average reader to observe the notice and read
 1388  and comprehend the entire content of the notice and the agenda.
 1389  In addition to any of the authorized means of providing notice
 1390  of a meeting of the shareholders, the association may, by rule,
 1391  adopt a procedure for conspicuously posting the meeting notice
 1392  and the agenda on a website serving the cooperative association
 1393  for at least the minimum period of time for which a notice of a
 1394  meeting is also required to be physically posted on the
 1395  cooperative property. Any rule adopted shall, in addition to
 1396  other matters, include a requirement that the association send
 1397  an electronic notice in the same manner as a notice for a
 1398  meeting of the members, which must include a hyperlink to the
 1399  website where the notice is posted, to unit owners whose e-mail
 1400  addresses are included in the association’s official records.
 1401  Unless a unit owner waives in writing the right to receive
 1402  notice of the annual meeting, the notice of the annual meeting
 1403  must be sent by mail, hand delivered, or electronically
 1404  transmitted to each unit owner. An officer of the association
 1405  must provide an affidavit or United States Postal Service
 1406  certificate of mailing, to be included in the official records
 1407  of the association, affirming that notices of the association
 1408  meeting were mailed, hand delivered, or electronically
 1409  transmitted, in accordance with this provision, to each unit
 1410  owner at the address last furnished to the association.
 1411         1. The board of administration shall be elected by written
 1412  ballot or voting machine. A proxy may not be used in electing
 1413  the board of administration in general elections or elections to
 1414  fill vacancies caused by recall, resignation, or otherwise
 1415  unless otherwise provided in this chapter.
 1416         a. At least 60 days before a scheduled election, the
 1417  association shall mail, deliver, or transmit, whether by
 1418  separate association mailing, delivery, or electronic
 1419  transmission or included in another association mailing,
 1420  delivery, or electronic transmission, including regularly
 1421  published newsletters, to each unit owner entitled to vote, a
 1422  first notice of the date of the election. Any unit owner or
 1423  other eligible person desiring to be a candidate for the board
 1424  of administration must give written notice to the association at
 1425  least 40 days before a scheduled election. Together with the
 1426  written notice and agenda as set forth in this section, the
 1427  association shall mail, deliver, or electronically transmit a
 1428  second notice of election to all unit owners entitled to vote,
 1429  together with a ballot that lists all candidates. Upon request
 1430  of a candidate, the association shall include an information
 1431  sheet, no larger than 8 1/2 inches by 11 inches, which must be
 1432  furnished by the candidate at least 35 days before the election,
 1433  to be included with the mailing, delivery, or electronic
 1434  transmission of the ballot, with the costs of mailing, delivery,
 1435  or transmission and copying to be borne by the association. The
 1436  association is not liable for the contents of the information
 1437  sheets provided by the candidates. In order to reduce costs, the
 1438  association may print or duplicate the information sheets on
 1439  both sides of the paper. The division shall by rule establish
 1440  voting procedures consistent with this subparagraph, including
 1441  rules establishing procedures for giving notice by electronic
 1442  transmission and rules providing for the secrecy of ballots.
 1443  Elections shall be decided by a plurality of those ballots cast.
 1444  There is no quorum requirement. However, at least 20 percent of
 1445  the eligible voters must cast a ballot in order to have a valid
 1446  election. A unit owner may not permit any other person to vote
 1447  his or her ballot, and any such ballots improperly cast are
 1448  invalid. A unit owner who needs assistance in casting the ballot
 1449  for the reasons stated in s. 101.051 may obtain assistance in
 1450  casting the ballot. Any unit owner violating this provision may
 1451  be fined by the association in accordance with s. 719.303. The
 1452  regular election must occur on the date of the annual meeting.
 1453  This subparagraph does not apply to timeshare cooperatives.
 1454  Notwithstanding this subparagraph, an election and balloting are
 1455  not required unless more candidates file a notice of intent to
 1456  run or are nominated than vacancies exist on the board. Any
 1457  challenge to the election process must be commenced within 60
 1458  days after the election results are announced.
 1459         b. Within 90 days after being elected or appointed to the
 1460  board, each new director shall certify in writing to the
 1461  secretary of the association that he or she has read the
 1462  association’s bylaws, articles of incorporation, proprietary
 1463  lease, and current written policies; that he or she will work to
 1464  uphold such documents and policies to the best of his or her
 1465  ability; and that he or she will faithfully discharge his or her
 1466  fiduciary responsibility to the association’s members. Within 90
 1467  days after being elected or appointed to the board, in lieu of
 1468  this written certification, the newly elected or appointed
 1469  director may submit a certificate of having satisfactorily
 1470  completed the educational curriculum administered by an
 1471  education provider as approved by the division pursuant to the
 1472  requirements established in chapter 718 within 1 year before or
 1473  90 days after the date of election or appointment. The
 1474  educational certificate is valid and does not have to be
 1475  resubmitted as long as the director serves on the board without
 1476  interruption. A director who fails to timely file the written
 1477  certification or educational certificate is suspended from
 1478  service on the board until he or she complies with this sub
 1479  subparagraph. The board may temporarily fill the vacancy during
 1480  the period of suspension. The secretary of the association shall
 1481  cause the association to retain a director’s written
 1482  certification or educational certificate for inspection by the
 1483  members for 5 years after a director’s election or the duration
 1484  of the director’s uninterrupted tenure, whichever is longer.
 1485  Failure to have such written certification or educational
 1486  certificate on file does not affect the validity of any board
 1487  action.
 1488         2. Any approval by unit owners called for by this chapter,
 1489  or the applicable cooperative documents, must be made at a duly
 1490  noticed meeting of unit owners and is subject to this chapter or
 1491  the applicable cooperative documents relating to unit owner
 1492  decisionmaking, except that unit owners may take action by
 1493  written agreement, without meetings, on matters for which action
 1494  by written agreement without meetings is expressly allowed by
 1495  the applicable cooperative documents or law which provides for
 1496  the unit owner action.
 1497         3. Unit owners may waive notice of specific meetings if
 1498  allowed by the applicable cooperative documents or law. Notice
 1499  of meetings of the board of administration, shareholder
 1500  meetings, except shareholder meetings called to recall board
 1501  members under paragraph (f), and committee meetings may be given
 1502  by electronic transmission to unit owners who consent to receive
 1503  notice by electronic transmission. A unit owner who consents to
 1504  receiving notices by electronic transmission is solely
 1505  responsible for removing or bypassing filters that may block
 1506  receipt of mass emails sent to members on behalf of the
 1507  association in the course of giving electronic notices.
 1508         4. Unit owners have the right to participate in meetings of
 1509  unit owners with reference to all designated agenda items.
 1510  However, the association may adopt reasonable rules governing
 1511  the frequency, duration, and manner of unit owner participation.
 1512         5. Any unit owner may tape record or videotape meetings of
 1513  the unit owners subject to reasonable rules adopted by the
 1514  division.
 1515         6. Unless otherwise provided in the bylaws, a vacancy
 1516  occurring on the board before the expiration of a term may be
 1517  filled by the affirmative vote of the majority of the remaining
 1518  directors, even if the remaining directors constitute less than
 1519  a quorum, or by the sole remaining director. In the alternative,
 1520  a board may hold an election to fill the vacancy, in which case
 1521  the election procedures must conform to the requirements of
 1522  subparagraph 1. unless the association has opted out of the
 1523  statutory election process, in which case the bylaws of the
 1524  association control. Unless otherwise provided in the bylaws, a
 1525  board member appointed or elected under this subparagraph shall
 1526  fill the vacancy for the unexpired term of the seat being
 1527  filled. Filling vacancies created by recall is governed by
 1528  paragraph (f) and rules adopted by the division.
 1529  
 1530  Notwithstanding subparagraphs (b)2. and (d)1., an association
 1531  may, by the affirmative vote of a majority of the total voting
 1532  interests, provide for a different voting and election procedure
 1533  in its bylaws, which vote may be by a proxy specifically
 1534  delineating the different voting and election procedures. The
 1535  different voting and election procedures may provide for
 1536  elections to be conducted by limited or general proxy.
 1537         (m)Director or officer delinquencies.—A director or
 1538  officer more than 90 days delinquent in the payment of any
 1539  monetary obligation due the association shall be deemed to have
 1540  abandoned the office, creating a vacancy in the office to be
 1541  filled according to law.
 1542         Section 13. Paragraph (b) of subsection (1) of section
 1543  719.107, Florida Statutes, is amended to read:
 1544         719.107 Common expenses; assessment.—
 1545         (1)
 1546         (b) If so provided in the bylaws, the cost of
 1547  communications services as defined in chapter 202, information
 1548  services or Internet services a master antenna television system
 1549  or duly franchised cable television service obtained pursuant to
 1550  a bulk contract shall be deemed a common expense, and if not
 1551  obtained pursuant to a bulk contract, such cost shall be
 1552  considered common expense if it is designated as such in a
 1553  written contract between the board of administration and the
 1554  company providing the communications services as defined in
 1555  chapter 202, information services or Internet services master
 1556  television antenna system or the cable television service. The
 1557  contract shall be for a term of not less than 2 years.
 1558         1. Any contract made by the board after April 2, 1992, for
 1559  a community antenna system or duly franchised cable television
 1560  service, communications services as defined in chapter 202,
 1561  information services or Internet services may be canceled by a
 1562  majority of the voting interests present at the next regular or
 1563  special meeting of the association. Any member may make a motion
 1564  to cancel the contract, but if no motion is made or if such
 1565  motion fails to obtain the required majority at the next regular
 1566  or special meeting, whichever is sooner, following the making of
 1567  the contract, then such contract shall be deemed ratified for
 1568  the term therein expressed.
 1569         2. Any such contract shall provide, and shall be deemed to
 1570  provide if not expressly set forth, that any hearing impaired or
 1571  legally blind unit owner who does not occupy the unit with a
 1572  nonhearing impaired or sighted person may discontinue the
 1573  service without incurring disconnect fees, penalties, or
 1574  subsequent service charges, and as to such units, the owners
 1575  shall not be required to pay any common expenses charge related
 1576  to such service. If less than all members of an association
 1577  share the expenses of cable television, the expense shall be
 1578  shared equally by all participating unit owners. The association
 1579  may use the provisions of s. 719.108 to enforce payment of the
 1580  shares of such costs by the unit owners receiving cable
 1581  television.
 1582         Section 14. Paragraph (b) of subsection (3) of section
 1583  719.303, Florida Statutes, is amended to read:
 1584         719.303 Obligations of owners.—
 1585         (3) The association may levy reasonable fines for failure
 1586  of the unit owner or the unit’s occupant, licensee, or invitee
 1587  to comply with any provision of the cooperative documents or
 1588  reasonable rules of the association. A fine may not become a
 1589  lien against a unit. A fine may be levied by the board on the
 1590  basis of each day of a continuing violation, with a single
 1591  notice and opportunity for hearing before a committee as
 1592  provided in paragraph (b). However, the fine may not exceed $100
 1593  per violation, or $1,000 in the aggregate.
 1594         (b) A fine or suspension levied by the board of
 1595  administration may not be imposed unless the board first
 1596  provides at least 14 days’ written notice and an opportunity for
 1597  a hearing to the unit owner and, if applicable, any its
 1598  occupant, licensee, or invitee of the unit owner sought to be
 1599  fined or suspended and an opportunity for a hearing. The hearing
 1600  must be held before a committee of at least three members
 1601  appointed by the board who are not officers, directors, or
 1602  employees of the association, or the spouse, parent, child,
 1603  brother, or sister of an officer, director, or employee other
 1604  unit owners who are neither board members nor persons residing
 1605  in a board member’s household. The role of the committee is
 1606  limited to determining whether to confirm or reject the fine or
 1607  suspension levied by the board. If the committee does not
 1608  approve agree with the proposed fine or suspension by majority
 1609  vote, the fine or suspension it may not be imposed. If the
 1610  proposed fine or suspension is approved by the committee, the
 1611  fine payment is due 5 days after the date of the committee
 1612  meeting at which the fine is approved. The association must
 1613  provide written notice of such fine or suspension by mail or
 1614  hand delivery to the unit owner and, if applicable, to any
 1615  tenant, licensee, or invitee of the unit owner.
 1616         Section 15. Paragraphs (a) and (c) of subsection (2) of
 1617  section 720.303, Florida Statutes, are amended, to read:
 1618         720.303 Association powers and duties; meetings of board;
 1619  official records; budgets; financial reporting; association
 1620  funds; recalls.—
 1621         (2) BOARD MEETINGS.—
 1622         (a) Members of the board of administration may use e-mail
 1623  as a means of communication, but may not cast a vote on an
 1624  association matter via e-mail. A meeting of the board of
 1625  directors of an association occurs whenever a quorum of the
 1626  board gathers to conduct association business. Meetings of the
 1627  board must be open to all members, except for meetings between
 1628  the board and its attorney with respect to proposed or pending
 1629  litigation where the contents of the discussion would otherwise
 1630  be governed by the attorney-client privilege. A meeting of the
 1631  board must be held at a location that is accessible to a
 1632  physically handicapped person if requested by a physically
 1633  handicapped person who has a right to attend the meeting. The
 1634  provisions of this subsection shall also apply to the meetings
 1635  of any committee or other similar body when a final decision
 1636  will be made regarding the expenditure of association funds and
 1637  to meetings of any body vested with the power to approve or
 1638  disapprove architectural decisions with respect to a specific
 1639  parcel of residential property owned by a member of the
 1640  community.
 1641         (c) The bylaws shall provide the following for giving
 1642  notice to parcel owners and members of all board meetings and,
 1643  if they do not do so, shall be deemed to include provide the
 1644  following:
 1645         1. Notices of all board meetings must be posted in a
 1646  conspicuous place in the community at least 48 hours in advance
 1647  of a meeting, except in an emergency. In the alternative, if
 1648  notice is not posted in a conspicuous place in the community,
 1649  notice of each board meeting must be mailed or delivered to each
 1650  member at least 7 days before the meeting, except in an
 1651  emergency. Notwithstanding this general notice requirement, for
 1652  communities with more than 100 members, the association bylaws
 1653  may provide for a reasonable alternative to posting or mailing
 1654  of notice for each board meeting, including publication of
 1655  notice, provision of a schedule of board meetings, or the
 1656  conspicuous posting and repeated broadcasting of the notice on a
 1657  closed-circuit cable television system serving the homeowners’
 1658  association. However, if broadcast notice is used in lieu of a
 1659  notice posted physically in the community, the notice must be
 1660  broadcast at least four times every broadcast hour of each day
 1661  that a posted notice is otherwise required. When broadcast
 1662  notice is provided, the notice and agenda must be broadcast in a
 1663  manner and for a sufficient continuous length of time so as to
 1664  allow an average reader to observe the notice and read and
 1665  comprehend the entire content of the notice and the agenda. The
 1666  association may provide notice by electronic transmission in a
 1667  manner authorized by law for meetings of the board of directors,
 1668  committee meetings requiring notice under this section, and
 1669  annual and special meetings of the members to any member who has
 1670  provided a facsimile number or e-mail address to the association
 1671  to be used for such purposes; however, a member must consent in
 1672  writing to receiving notice by electronic transmission.
 1673         2. An assessment may not be levied at a board meeting
 1674  unless the notice of the meeting includes a statement that
 1675  assessments will be considered and the nature of the
 1676  assessments. Written notice of any meeting at which special
 1677  assessments will be considered or at which amendments to rules
 1678  regarding parcel use will be considered must be mailed,
 1679  delivered, or electronically transmitted to the members and
 1680  parcel owners and posted conspicuously on the property or
 1681  broadcast on closed-circuit cable television not less than 14
 1682  days before the meeting.
 1683         3. Directors may not vote by proxy or by secret ballot at
 1684  board meetings, except that secret ballots may be used in the
 1685  election of officers. This subsection also applies to the
 1686  meetings of any committee or other similar body, when a final
 1687  decision will be made regarding the expenditure of association
 1688  funds, and to any body vested with the power to approve or
 1689  disapprove architectural decisions with respect to a specific
 1690  parcel of residential property owned by a member of the
 1691  community.
 1692         Section 16. Paragraph (b) of subsection (2) of section
 1693  720.305, Florida Statutes, is amended to read:
 1694         720.305 Obligations of members; remedies at law or in
 1695  equity; levy of fines and suspension of use rights.—
 1696         (2) The association may levy reasonable fines. A fine may
 1697  not exceed $100 per violation against any member or any member’s
 1698  tenant, guest, or invitee for the failure of the owner of the
 1699  parcel or its occupant, licensee, or invitee to comply with any
 1700  provision of the declaration, the association bylaws, or
 1701  reasonable rules of the association unless otherwise provided in
 1702  the governing documents. A fine may be levied by the board for
 1703  each day of a continuing violation, with a single notice and
 1704  opportunity for hearing, except that the fine may not exceed
 1705  $1,000 in the aggregate unless otherwise provided in the
 1706  governing documents. A fine of less than $1,000 may not become a
 1707  lien against a parcel. In any action to recover a fine, the
 1708  prevailing party is entitled to reasonable attorney fees and
 1709  costs from the nonprevailing party as determined by the court.
 1710         (b) A fine or suspension levied may not be imposed by the
 1711  board of administration may not be imposed unless the board
 1712  first provides without at least 14 days’ notice to the parcel
 1713  owner and, if applicable, any occupant, licensee, or invitee of
 1714  the parcel owner, person sought to be fined or suspended and an
 1715  opportunity for a hearing before a committee of at least three
 1716  members appointed by the board who are not officers, directors,
 1717  or employees of the association, or the spouse, parent, child,
 1718  brother, or sister of an officer, director, or employee. If the
 1719  committee, by majority vote, does not approve a proposed fine or
 1720  suspension, the proposed fine or suspension it may not be
 1721  imposed. The role of the committee is limited to determining
 1722  whether to confirm or reject the fine or suspension levied by
 1723  the board. If the proposed board of administration imposes a
 1724  fine or suspension levied by the board is approved by the
 1725  committee, the fine payment is due 5 days after the date of the
 1726  committee meeting at which the fine is approved. The association
 1727  must provide written notice of such fine or suspension by mail
 1728  or hand delivery to the parcel owner and, if applicable, to any
 1729  tenant, licensee, or invitee of the parcel owner.
 1730         Section 17. Paragraph (a) of subsection (9) of section
 1731  720.306, Florida Statutes, is amended, and paragraphs (e)
 1732  through (h) are added to subsection (1) of that section, to
 1733  read:
 1734         720.306 Meetings of members; voting and election
 1735  procedures; amendments.—
 1736         (1) QUORUM; AMENDMENTS.—
 1737         (e)A proposal to amend the governing documents must
 1738  contain the full text of the provision to be amended and may not
 1739  be revised or amended by reference solely to the title or
 1740  number. Proposed new language must be underlined and proposed
 1741  deleted language must be stricken. If the proposed change is so
 1742  extensive that underlining and striking through language would
 1743  hinder, rather than assist, the understanding of the proposed
 1744  amendment, a notation must be inserted immediately preceding the
 1745  proposed amendment in substantially the following form:
 1746  “Substantial rewording. See governing documents for current
 1747  text.” An amendment to a governing document is effective when
 1748  recorded in the public records of the county in which the
 1749  community is located.
 1750         (f)An immaterial error or omission in the amendment
 1751  process does not invalidate an otherwise properly adopted
 1752  amendment.
 1753         (g)Except as provided in this paragraph, an amendment to
 1754  any governing document enacted after July 1, 2018, that
 1755  prohibits a parcel owner from renting the parcel, altering the
 1756  authorized duration of a rental term, or specifying or limiting
 1757  the number of times that a parcel owner may rent his or her
 1758  parcel during a specified term, applies only to a parcel owner
 1759  who acquires title to the parcel after the effective date of the
 1760  amendment, or to a parcel owner who consents, individually or
 1761  through a representative, to the amendment.
 1762         1.Except as provided in this paragraph, an association may
 1763  amend its governing documents to prohibit or regulate rentals
 1764  for terms of less than 6 months and may amend its governing
 1765  documents to prohibit rentals more than three times in a
 1766  calendar year, and such amendments shall apply to all parcel
 1767  owners.
 1768         2.Nothing in this paragraph shall affect the amendment
 1769  restrictions for associations of 15 or fewer parcel owners as
 1770  provided in s. 720.303(1).
 1771         3.For purposes of this paragraph, a change of ownership
 1772  does not occur when a parcel owner conveys the parcel to an
 1773  affiliated entity or when beneficial ownership of the parcel
 1774  does not change. For purposes of this paragraph, the term
 1775  “affiliated entity” means an entity which controls, is
 1776  controlled by, or is under common control with the parcel owner
 1777  or that becomes a parent or successor entity by reason of
 1778  transfer, merger, consolidation, public offering,
 1779  reorganization, dissolution or sale of stock, or transfer of
 1780  membership partnership interests. For a conveyance to be
 1781  recognized as one made to an affiliated entity, the entity must
 1782  furnish the association a document certifying that this
 1783  paragraph applies, as well as providing any organizational
 1784  documents for the parcel owner and the affiliated entity that
 1785  support the representations in the certificate, as requested by
 1786  the association.
 1787         (h)A notice required under this section must be mailed or
 1788  delivered to the address identified as the parcel owner’s
 1789  mailing address on the property appraiser’s website for the
 1790  county in which the parcel is located, or electronically
 1791  transmitted in a manner authorized by the association if the
 1792  parcel owner has consented, in writing, to receive notice by
 1793  electronic transmission.
 1794         (9) ELECTIONS AND BOARD VACANCIES.—
 1795         (a) Elections of directors must be conducted in accordance
 1796  with the procedures set forth in the governing documents of the
 1797  association. Except as provided in paragraph (b), all members of
 1798  the association are eligible to serve on the board of directors,
 1799  and a member may nominate himself or herself as a candidate for
 1800  the board at a meeting where the election is to be held;
 1801  provided, however, that if the election process allows
 1802  candidates to be nominated in advance of the meeting, the
 1803  association is not required to allow nominations at the meeting.
 1804  An election is not required unless more candidates are nominated
 1805  than vacancies exist. If an election is not required because
 1806  there are either an equal number or fewer qualified candidates
 1807  than vacancies exist, and if nominations from the floor are not
 1808  required pursuant to this section or the bylaws, write-in
 1809  nominations are not permitted and such qualified candidates
 1810  shall commence service on the board of directors, regardless of
 1811  whether a quorum is attained at the annual meeting. Except as
 1812  otherwise provided in the governing documents, boards of
 1813  directors must be elected by a plurality of the votes cast by
 1814  eligible voters. Any challenge to the election process must be
 1815  commenced within 60 days after the election results are
 1816  announced.
 1817         Section 18. Paragraph (b) of subsection (3) of section
 1818  720.3085, Florida Statutes, is amended to read:
 1819         720.3085 Payment for assessments; lien claims.—
 1820         (3) Assessments and installments on assessments that are
 1821  not paid when due bear interest from the due date until paid at
 1822  the rate provided in the declaration of covenants or the bylaws
 1823  of the association, which rate may not exceed the rate allowed
 1824  by law. If no rate is provided in the declaration or bylaws,
 1825  interest accrues at the rate of 18 percent per year.
 1826         (b) Any payment received by an association and accepted
 1827  shall be applied first to any interest accrued, then to any
 1828  administrative late fee, then to any costs and reasonable
 1829  attorney fees incurred in collection, and then to the delinquent
 1830  assessment. This paragraph applies notwithstanding any
 1831  restrictive endorsement, designation, or instruction placed on
 1832  or accompanying a payment. A late fee is not subject to the
 1833  provisions of chapter 687 and is not a fine. The foregoing is
 1834  applicable notwithstanding s. 673.3111, any purported accord and
 1835  satisfaction, or any restrictive endorsement, designation, or
 1836  instruction placed on or accompanying a payment. The preceding
 1837  sentence is intended to clarify existing law.
 1838         Section 19. This act shall take effect July 1, 2018.
 1839  
 1840  ================= T I T L E  A M E N D M E N T ================
 1841  And the title is amended as follows:
 1842         Delete everything before the enacting clause
 1843  and insert:
 1844                        A bill to be entitled                      
 1845         An act relating to community associations; amending s.
 1846         194.011, F.S.; specifying that a condominium,
 1847         cooperative, or homeowners’ association may represent
 1848         unit or parcel owners in certain proceedings;
 1849         requiring notice to unit or parcel owners of such
 1850         proceedings; amending s. 194.181, F.S.; specifying
 1851         that a condominium, cooperative, or homeowners’
 1852         association may be a party to an action contesting the
 1853         assessment of ad valorem taxes; amending s. 718.111,
 1854         F.S.; revising condominium association recordkeeping
 1855         and financial reporting requirements; revising record
 1856         retention policies; revising the list of documents
 1857         that the association is required to post online;
 1858         limiting an association’s liability for inadvertent
 1859         disclosure of protected or restricted information;
 1860         amending s. 718.112, F.S.; revising provisions
 1861         relating to required association bylaws; revising
 1862         board term limits; authorizing an association to adopt
 1863         rules for posting certain notices on a website;
 1864         providing responsibilities for unit owners who receive
 1865         electronic notices; revising and providing board
 1866         member recall and challenge requirements; authorizing
 1867         the recovery of attorney fees and costs in an action
 1868         to challenge the validity of a board member recall;
 1869         amending s. 718.113, F.S.; revising voting
 1870         requirements relating to alterations and additions to
 1871         certain common elements or association property;
 1872         providing legislative findings; providing that an
 1873         association may not prohibit a unit owner from
 1874         installing an electronic vehicle charging station;
 1875         providing requirements for installing such charging
 1876         station; amending s. 718.121, F.S.; providing when the
 1877         installation of an electronic vehicle charging station
 1878         may be the basis of a lien; amending s. 718.3026,
 1879         F.S.; removing a provision relating to certain
 1880         contracts or transactions regarding conflicts of
 1881         interest; amending s. 718.3027, F.S.; providing
 1882         requirements for proposed activity that is identified
 1883         as a conflict of interest; amending s. 718.303, F.S.;
 1884         revising fine and suspension requirements; amending s.
 1885         718.707, F.S.; revising the time period for
 1886         classification as a bulk assignee or bulk buyer;
 1887         amending s. 719.104, F.S.; revising cooperative
 1888         association recordkeeping requirements; amending s.
 1889         719.106, F.S.; revising requirements to serve as a
 1890         board member; prohibiting a board member from voting
 1891         via e-mail; authorizing an association to adopt rules
 1892         for posting certain notices on a website; providing
 1893         responsibilities for unit owners who receive
 1894         electronic notices; providing that directors or
 1895         officers who are delinquent in certain payments owed
 1896         in excess of certain periods of time be deemed to have
 1897         abandoned their offices; amending s. 719.107, F.S.;
 1898         specifying that certain services which are obtained
 1899         pursuant to a bulk contract are deemed a common
 1900         expense; amending s. 719.303, F.S.; revising fine and
 1901         suspension requirements; amending s. 720.303, F.S.;
 1902         prohibiting a board member from voting via e-mail;
 1903         amending s. 720.305, F.S.; revising fine and
 1904         suspension requirements; amending s. 720.306, F.S.;
 1905         requiring an association to follow certain procedures
 1906         when amending a governing document; providing
 1907         limitations on and exceptions for associations when a
 1908         parcel owner attempts to rent or lease his or her
 1909         home; requiring certain notices to parcel owners be
 1910         delivered in specified ways; revising election
 1911         requirements; amending s. 720.3085, F.S.; providing
 1912         applicability; providing an effective date.