Florida Senate - 2021 COMMITTEE AMENDMENT
Bill No. SB 56
Ì812912ÅÎ812912
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
03/04/2021 .
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The Committee on Community Affairs (Rodriguez) recommended the
following:
1 Senate Amendment (with title amendment)
2
3 Delete lines 296 - 917
4 and insert:
5 (4)(a) If an association sends out an invoice for
6 assessments or a unit’s statement of the account described in s.
7 718.111(12), the invoice for assessments or the unit’s statement
8 of account must be delivered to the unit owner by first-class
9 United States mail or by electronic transmission to the unit
10 owner’s e-mail address maintained in the association’s official
11 records.
12 (b) Before changing the method of delivery for an invoice
13 for assessments or the statement of the account, the association
14 must deliver a written notice of such change to each unit owner.
15 The written notice must be delivered to the unit owner at least
16 30 days before the association sends the invoice for assessments
17 or the statement of the account by the new delivery method. The
18 notice must be sent by first-class United States mail to the
19 unit owner at his or her last address as reflected in the
20 association’s records and, if such address is not the unit
21 address, must be sent by first-class United States mail to the
22 unit address. Notice is deemed to have been delivered upon
23 mailing as required by this paragraph.
24 (c) A unit owner must affirmatively acknowledge his or her
25 understanding that the association will change its method of
26 delivery of the invoice for assessments or the unit’s statement
27 of the account before the association may change the method of
28 delivering the statement of the account. The unit owner may make
29 the affirmative acknowledgment electronically or in writing.
30 (5) An association may not require payment of attorney fees
31 related to a past due assessment without first delivering a
32 written notice of late assessment to the unit owner which
33 specifies the amount owed the association and provides the unit
34 owner an opportunity to pay the amount owed without the
35 assessment of attorney fees. The notice of late assessment must
36 be sent by first-class United States mail to the unit owner at
37 his or her last address as reflected in the association’s
38 records and, if such address is not the unit address, must also
39 be sent by first-class United States mail to the unit address.
40 Notice is deemed to have been delivered upon mailing as required
41 by this subsection. A rebuttable presumption that an association
42 mailed a notice in accordance with this subsection is
43 established if a board member, officer, or agent of the
44 association, or a manager licensed under part VIII of chapter
45 468, provides a sworn affidavit attesting to such mailing. The
46 notice must be in substantially the following form:
47
48 NOTICE OF LATE ASSESSMENT
49
50 RE: Unit .... of ...(name of association)...
51
52 The following amounts are currently due on your
53 account to ...(name of association)..., and must be
54 paid within 30 days of the date of this letter. This
55 letter shall serve as the association’s notice of its
56 intent to proceed with further collection action
57 against your property no sooner than 30 days of the
58 date of this letter, unless you pay in full the
59 amounts set forth below:
60
61 Maintenance due ...(dates)... $.....
62 Late fee, if applicable $.....
63 Interest through ...(dates)...* $.....
64 TOTAL OUTSTANDING $.....
65
66 *Interest accrues at the rate of .... percent per annum.
67 (6) Except as otherwise provided in this chapter, no lien
68 may be filed by the association against a condominium unit until
69 45 30 days after the date on which a notice of intent to file a
70 lien has been delivered to the owner by registered or certified
71 mail, return receipt requested, and by first-class United States
72 mail to the owner at his or her last address as reflected in the
73 association’s records and, if such address is not the unit
74 address, by first-class United States mail to the unit address
75 of the association, if the address is within the United States,
76 and delivered to the owner at the address of the unit if the
77 owner’s address as reflected in the records of the association
78 is not the unit address. If the address reflected in the records
79 is outside the United States, sending the notice to that address
80 and to the unit address by first-class United States mail is
81 sufficient. Delivery of the notice shall be deemed given upon
82 mailing as required by this subsection. The notice must be in
83 substantially the following form:
84
85 NOTICE OF INTENT
86 TO RECORD A CLAIM OF LIEN
87
88 RE: Unit .... of ...(name of association)...
89
90 The following amounts are currently due on your
91 account to ...(name of association)..., and must be
92 paid within 45 30 days after your receipt of this
93 letter. This letter shall serve as the association’s
94 notice of intent to record a Claim of Lien against
95 your property no sooner than 45 30 days after your
96 receipt of this letter, unless you pay in full the
97 amounts set forth below:
98
99 Maintenance due ...(dates)... $.....
100 Late fee, if applicable $.....
101 Interest through ...(dates)...* $.....
102 Certified mail charges $.....
103 Other costs $.....
104 TOTAL OUTSTANDING $.....
105
106 *Interest accrues at the rate of .... percent per
107 annum.
108 Section 4. Paragraphs (a) and (c) of subsection (2) of
109 section 719.104, Florida Statutes, are amended to read:
110 719.104 Cooperatives; access to units; records; financial
111 reports; assessments; purchase of leases.—
112 (2) OFFICIAL RECORDS.—
113 (a) From the inception of the association, the association
114 shall maintain a copy of each of the following, where
115 applicable, which shall constitute the official records of the
116 association:
117 1. The plans, permits, warranties, and other items provided
118 by the developer pursuant to s. 719.301(4).
119 2. A photocopy of the cooperative documents.
120 3. A copy of the current rules of the association.
121 4. A book or books containing the minutes of all meetings
122 of the association, of the board of directors, and of the unit
123 owners.
124 5. A current roster of all unit owners and their mailing
125 addresses, unit identifications, voting certifications, and, if
126 known, telephone numbers. The association shall also maintain
127 the e-mail addresses and the numbers designated by unit owners
128 for receiving notice sent by electronic transmission of those
129 unit owners consenting to receive notice by electronic
130 transmission. The e-mail addresses and numbers provided by unit
131 owners to receive notice by electronic transmission shall be
132 removed from association records when consent to receive notice
133 by electronic transmission is revoked. However, the association
134 is not liable for an erroneous disclosure of the e-mail address
135 or the number for receiving electronic transmission of notices.
136 6. All current insurance policies of the association.
137 7. A current copy of any management agreement, lease, or
138 other contract to which the association is a party or under
139 which the association or the unit owners have an obligation or
140 responsibility.
141 8. Bills of sale or transfer for all property owned by the
142 association.
143 9. Accounting records for the association and separate
144 accounting records for each unit it operates, according to good
145 accounting practices. The accounting records shall include, but
146 not be limited to:
147 a. Accurate, itemized, and detailed records of all receipts
148 and expenditures.
149 b. A current account and a monthly, bimonthly, or quarterly
150 statement of the account for each unit designating the name of
151 the unit owner, the due date and amount of each assessment, the
152 amount paid upon the account, and the balance due.
153 c. All audits, reviews, accounting statements, and
154 financial reports of the association.
155 d. All contracts for work to be performed. Bids for work to
156 be performed shall also be considered official records and shall
157 be maintained for a period of 1 year.
158 10. Ballots, sign-in sheets, voting proxies, and all other
159 papers and electronic records relating to voting by unit owners,
160 which shall be maintained for a period of 1 year after the date
161 of the election, vote, or meeting to which the document relates.
162 11. All rental records where the association is acting as
163 agent for the rental of units.
164 12. A copy of the current question and answer sheet as
165 described in s. 719.504.
166 13. All affirmative acknowledgments made pursuant to s.
167 719.108(3)(b)3.
168 14. All other written records of the association not
169 specifically included in the foregoing which are related to the
170 operation of the association.
171 (c) The official records of the association are open to
172 inspection by any association member or the authorized
173 representative of such member at all reasonable times. The right
174 to inspect the records includes the right to make or obtain
175 copies, at the reasonable expense, if any, of the association
176 member. The association may adopt reasonable rules regarding the
177 frequency, time, location, notice, and manner of record
178 inspections and copying. The failure of an association to
179 provide the records within 10 working days after receipt of a
180 written request creates a rebuttable presumption that the
181 association willfully failed to comply with this paragraph. A
182 unit owner who is denied access to official records is entitled
183 to the actual damages or minimum damages for the association’s
184 willful failure to comply. The minimum damages are $50 per
185 calendar day for up to 10 days, beginning on the 11th working
186 day after receipt of the written request. The failure to permit
187 inspection entitles any person prevailing in an enforcement
188 action to recover reasonable attorney fees from the person in
189 control of the records who, directly or indirectly, knowingly
190 denied access to the records. Any person who knowingly or
191 intentionally defaces or destroys accounting records that are
192 required by this chapter to be maintained during the period for
193 which such records are required to be maintained, or who
194 knowingly or intentionally fails to create or maintain
195 accounting records that are required to be created or
196 maintained, with the intent of causing harm to the association
197 or one or more of its members, is personally subject to a civil
198 penalty pursuant to s. 719.501(1)(d). The association shall
199 maintain an adequate number of copies of the declaration,
200 articles of incorporation, bylaws, and rules, and all amendments
201 to each of the foregoing, as well as the question and answer
202 sheet as described in s. 719.504 and year-end financial
203 information required by the department, on the cooperative
204 property to ensure their availability to unit owners and
205 prospective purchasers, and may charge its actual costs for
206 preparing and furnishing these documents to those requesting the
207 same. An association shall allow a member or his or her
208 authorized representative to use a portable device, including a
209 smartphone, tablet, portable scanner, or any other technology
210 capable of scanning or taking photographs, to make an electronic
211 copy of the official records in lieu of the association
212 providing the member or his or her authorized representative
213 with a copy of such records. The association may not charge a
214 member or his or her authorized representative for the use of a
215 portable device. Notwithstanding this paragraph, the following
216 records shall not be accessible to unit owners:
217 1. Any record protected by the lawyer-client privilege as
218 described in s. 90.502 and any record protected by the work
219 product privilege, including any record prepared by an
220 association attorney or prepared at the attorney’s express
221 direction which reflects a mental impression, conclusion,
222 litigation strategy, or legal theory of the attorney or the
223 association, and which was prepared exclusively for civil or
224 criminal litigation or for adversarial administrative
225 proceedings, or which was prepared in anticipation of such
226 litigation or proceedings until the conclusion of the litigation
227 or proceedings.
228 2. Information obtained by an association in connection
229 with the approval of the lease, sale, or other transfer of a
230 unit.
231 3. Personnel records of association or management company
232 employees, including, but not limited to, disciplinary, payroll,
233 health, and insurance records. For purposes of this
234 subparagraph, the term “personnel records” does not include
235 written employment agreements with an association employee or
236 management company, or budgetary or financial records that
237 indicate the compensation paid to an association employee.
238 4. Medical records of unit owners.
239 5. Social security numbers, driver license numbers, credit
240 card numbers, e-mail addresses, telephone numbers, facsimile
241 numbers, emergency contact information, addresses of a unit
242 owner other than as provided to fulfill the association’s notice
243 requirements, and other personal identifying information of any
244 person, excluding the person’s name, unit designation, mailing
245 address, property address, and any address, e-mail address, or
246 facsimile number provided to the association to fulfill the
247 association’s notice requirements. Notwithstanding the
248 restrictions in this subparagraph, an association may print and
249 distribute to unit parcel owners a directory containing the
250 name, unit parcel address, and all telephone numbers of each
251 unit parcel owner. However, an owner may exclude his or her
252 telephone numbers from the directory by so requesting in writing
253 to the association. An owner may consent in writing to the
254 disclosure of other contact information described in this
255 subparagraph. The association is not liable for the inadvertent
256 disclosure of information that is protected under this
257 subparagraph if the information is included in an official
258 record of the association and is voluntarily provided by an
259 owner and not requested by the association.
260 6. Electronic security measures that are used by the
261 association to safeguard data, including passwords.
262 7. The software and operating system used by the
263 association which allow the manipulation of data, even if the
264 owner owns a copy of the same software used by the association.
265 The data is part of the official records of the association.
266 8. All affirmative acknowledgments made pursuant to s.
267 719.108(3)(b)3.
268 Section 5. Subsections (3) and (4) of section 719.108,
269 Florida Statutes, are amended to read:
270 719.108 Rents and assessments; liability; lien and
271 priority; interest; collection; cooperative ownership.—
272 (3)(a) Rents and assessments, and installments on them, not
273 paid when due bear interest at the rate provided in the
274 cooperative documents from the date due until paid. This rate
275 may not exceed the rate allowed by law and, if a rate is not
276 provided in the cooperative documents, accrues at 18 percent per
277 annum. If the cooperative documents or bylaws so provide, the
278 association may charge an administrative late fee in addition to
279 such interest, not to exceed the greater of $25 or 5 percent of
280 each installment of the assessment for each delinquent
281 installment that the payment is late. Any payment received by an
282 association must be applied first to any interest accrued by the
283 association, then to any administrative late fee, then to any
284 costs and reasonable attorney fees incurred in collection, and
285 then to the delinquent assessment. The foregoing applies
286 notwithstanding s. 673.3111, any purported accord and
287 satisfaction, or any restrictive endorsement, designation, or
288 instruction placed on or accompanying a payment. The preceding
289 sentence is intended to clarify existing law. A late fee is not
290 subject to chapter 687 or s. 719.303(4).
291 (b)1. If an association sends out an invoice for
292 assessments or a unit’s statement of the account described in s.
293 719.104(2)(a)9.b., the invoice for assessments or the unit’s
294 statement of account must be delivered to the unit owner by
295 first-class United States mail or by electronic transmission to
296 the unit owner’s e-mail address maintained in the association’s
297 official records.
298 2. Before changing the method of delivery for an invoice
299 for assessments or the statement of the account, the association
300 must deliver a written notice of such change to each unit owner.
301 The written notice must be delivered to the unit owner at least
302 30 days before the association sends the invoice for assessments
303 or the statement of the account by the new delivery method. The
304 notice must be sent by first-class United States mail to the
305 unit owner at his or her last address as reflected in the
306 association’s records and, if such address is not the unit
307 address, must be sent by first-class United States mail to the
308 unit address. Notice is deemed to have been delivered upon
309 mailing as required by this subparagraph.
310 3. A unit owner must affirmatively acknowledge his or her
311 understanding that the association will change its method of
312 delivery of the invoice for assessments or the unit’s statement
313 of the account before the association may change the method of
314 delivering the invoice for assessments or the statement of the
315 account. The unit owner may make the affirmative acknowledgment
316 electronically or in writing.
317 (c) An association may not require payment of attorney fees
318 related to a past due assessment without first delivering a
319 written notice of late assessment to the owner which specifies
320 the amount owed the association and provides the unit owner an
321 opportunity to pay the amount owed without the assessment of
322 attorney fees. The notice of late assessment must be sent by
323 first-class United States mail to the unit owner at his or her
324 last address as reflected in the association’s records and, if
325 such address is not the unit address, must also be sent by
326 first-class United States mail to the unit address. Notice is
327 deemed to have been delivered upon mailing as required by this
328 paragraph. A rebuttable presumption that an association mailed a
329 notice in accordance with this subsection is established if a
330 board member, officer, or agent of the association, or a manager
331 licensed under part VIII of chapter 468, provides a sworn
332 affidavit attesting to such mailing. The notice must be in
333 substantially the following form:
334
335 NOTICE OF LATE ASSESSMENT
336
337 RE: Unit .... of ...(name of association)...
338
339 The following amounts are currently due on your
340 account to ...(name of association)..., and must be
341 paid within 30 days of the date of this letter. This
342 letter shall serve as the association’s notice to
343 proceed with further collection action against your
344 property no sooner than 30 days of the date of this
345 letter, unless you pay in full the amounts set forth
346 below:
347
348 Maintenance due ...(dates)... $.....
349 Late fee, if applicable $.....
350 Interest through ...(dates)...* $.....
351 TOTAL OUTSTANDING $.....
352
353 *Interest accrues at the rate of .... percent per annum.
354 (4) The association has a lien on each cooperative parcel
355 for any unpaid rents and assessments, plus interest, and any
356 administrative late fees. If authorized by the cooperative
357 documents, the lien also secures reasonable attorney fees
358 incurred by the association incident to the collection of the
359 rents and assessments or enforcement of such lien. The lien is
360 effective from and after recording a claim of lien in the public
361 records in the county in which the cooperative parcel is located
362 which states the description of the cooperative parcel, the name
363 of the unit owner, the amount due, and the due dates. Except as
364 otherwise provided in this chapter, a lien may not be filed by
365 the association against a cooperative parcel until 45 30 days
366 after the date on which a notice of intent to file a lien has
367 been delivered to the owner.
368 (a) The notice must be sent to the unit owner at the
369 address of the unit by first-class United States mail, and the
370 notice must be in substantially the following form:
371
372 NOTICE OF INTENT
373 TO RECORD A CLAIM OF LIEN
374
375 RE: Unit ...(unit number)... of ...(name of
376 cooperative)...
377
378 The following amounts are currently due on your
379 account to ...(name of association)..., and must be
380 paid within 45 30 days after your receipt of this
381 letter. This letter shall serve as the association’s
382 notice of intent to record a Claim of Lien against
383 your property no sooner than 45 30 days after your
384 receipt of this letter, unless you pay in full the
385 amounts set forth below:
386
387 Maintenance due ...(dates)... $.....
388 Late fee, if applicable $.....
389 Interest through ...(dates)...* $.....
390 Certified mail charges $.....
391 Other costs $.....
392 TOTAL OUTSTANDING $.....
393
394 *Interest accrues at the rate of .... percent per
395 annum.
396 1. If the most recent address of the unit owner on the
397 records of the association is the address of the unit, the
398 notice must be sent by certified mail, return receipt requested,
399 to the unit owner at the address of the unit.
400 2. If the most recent address of the unit owner on the
401 records of the association is in the United States, but is not
402 the address of the unit, the notice must be sent by certified
403 mail, return receipt requested, to the unit owner at his or her
404 most recent address.
405 3. If the most recent address of the unit owner on the
406 records of the association is not in the United States, the
407 notice must be sent by first-class United States mail to the
408 unit owner at his or her most recent address.
409 (b) A notice that is sent pursuant to this subsection is
410 deemed delivered upon mailing. A claim of lien must be executed
411 and acknowledged by an officer or authorized agent of the
412 association. The lien is not effective 1 year after the claim of
413 lien was recorded unless, within that time, an action to enforce
414 the lien is commenced. The 1-year period is automatically
415 extended for any length of time during which the association is
416 prevented from filing a foreclosure action by an automatic stay
417 resulting from a bankruptcy petition filed by the parcel owner
418 or any other person claiming an interest in the parcel. The
419 claim of lien secures all unpaid rents and assessments that are
420 due and that may accrue after the claim of lien is recorded and
421 through the entry of a final judgment, as well as interest and
422 all reasonable costs and attorney fees incurred by the
423 association incident to the collection process. Upon payment in
424 full, the person making the payment is entitled to a
425 satisfaction of the lien.
426 (c) By recording a notice in substantially the following
427 form, a unit owner or the unit owner’s agent or attorney may
428 require the association to enforce a recorded claim of lien
429 against his or her cooperative parcel:
430
431 NOTICE OF CONTEST OF LIEN
432
433 TO: ...(Name and address of association)...:
434
435 You are notified that the undersigned contests the
436 claim of lien filed by you on ...., ...(year)..., and
437 recorded in Official Records Book .... at Page ....,
438 of the public records of .... County, Florida, and
439 that the time within which you may file suit to
440 enforce your lien is limited to 90 days from the date
441 of service of this notice. Executed this .... day of
442 ...., ...(year)....
443 Signed: ...(Owner or Attorney)...
444
445 After notice of contest of lien has been recorded, the clerk of
446 the circuit court shall mail a copy of the recorded notice to
447 the association by certified mail, return receipt requested, at
448 the address shown in the claim of lien or most recent amendment
449 to it and shall certify to the service on the face of the
450 notice. Service is complete upon mailing. After service, the
451 association has 90 days in which to file an action to enforce
452 the lien. If the action is not filed within the 90-day period,
453 the lien is void. However, the 90-day period shall be extended
454 for any length of time during which the association is prevented
455 from filing its action because of an automatic stay resulting
456 from the filing of a bankruptcy petition by the unit owner or by
457 any other person claiming an interest in the parcel.
458 (d) A release of lien must be in substantially the
459 following form:
460
461 RELEASE OF LIEN
462
463 The undersigned lienor, in consideration of the final payment in
464 the amount of $...., hereby waives and releases its lien and
465 right to claim a lien for unpaid assessments through ....,
466 ...(year)..., recorded in the Official Records Book .... at Page
467 ...., of the public records of .... County, Florida, for the
468 following described real property:
469
470 THAT COOPERATIVE PARCEL WHICH INCLUDES UNIT NO. ....
471 OF ...(NAME OF COOPERATIVE)..., A COOPERATIVE AS SET
472 FORTH IN THE COOPERATIVE DOCUMENTS AND THE EXHIBITS
473 ANNEXED THERETO AND FORMING A PART THEREOF, RECORDED
474 IN OFFICIAL RECORDS BOOK ...., PAGE ...., OF THE
475 PUBLIC RECORDS OF .... COUNTY, FLORIDA.
476
477 ...(Signature of Authorized Agent)... ...(Signature of
478 Witness)...
479 ...(Print Name)... ...(Print Name)...
480
481 ...(Signature of Witness)...
482 ...(Print Name)...
483
484 Sworn to (or affirmed) and subscribed before me this .... day of
485 ...., ...(year)..., by ...(name of person making statement)....
486 ...(Signature of Notary Public)...
487 ...(Print, type, or stamp commissioned name of Notary Public)...
488 Personally Known .... OR Produced .... as identification.
489 Section 6. Present paragraph (l) of subsection (4) of
490 section 720.303, Florida Statutes, is redesignated as paragraph
491 (m), a new paragraph (l) is added to that subsection, and
492 paragraph (c) of subsection (5) of that section is amended, to
493 read:
494 720.303 Association powers and duties; meetings of board;
495 official records; budgets; financial reporting; association
496 funds; recalls.—
497 (4) OFFICIAL RECORDS.—The association shall maintain each
498 of the following items, when applicable, which constitute the
499 official records of the association:
500 (l) All affirmative acknowledgments made pursuant to s.
501 720.3085(3)(c)3.
502 (5) INSPECTION AND COPYING OF RECORDS.—The official records
503 shall be maintained within the state for at least 7 years and
504 shall be made available to a parcel owner for inspection or
505 photocopying within 45 miles of the community or within the
506 county in which the association is located within 10 business
507 days after receipt by the board or its designee of a written
508 request. This subsection may be complied with by having a copy
509 of the official records available for inspection or copying in
510 the community or, at the option of the association, by making
511 the records available to a parcel owner electronically via the
512 Internet or by allowing the records to be viewed in electronic
513 format on a computer screen and printed upon request. If the
514 association has a photocopy machine available where the records
515 are maintained, it must provide parcel owners with copies on
516 request during the inspection if the entire request is limited
517 to no more than 25 pages. An association shall allow a member or
518 his or her authorized representative to use a portable device,
519 including a smartphone, tablet, portable scanner, or any other
520 technology capable of scanning or taking photographs, to make an
521 electronic copy of the official records in lieu of the
522 association’s providing the member or his or her authorized
523 representative with a copy of such records. The association may
524 not charge a fee to a member or his or her authorized
525 representative for the use of a portable device.
526 (c) The association may adopt reasonable written rules
527 governing the frequency, time, location, notice, records to be
528 inspected, and manner of inspections, but may not require a
529 parcel owner to demonstrate any proper purpose for the
530 inspection, state any reason for the inspection, or limit a
531 parcel owner’s right to inspect records to less than one 8-hour
532 business day per month. The association may impose fees to cover
533 the costs of providing copies of the official records, including
534 the costs of copying and the costs required for personnel to
535 retrieve and copy the records if the time spent retrieving and
536 copying the records exceeds one-half hour and if the personnel
537 costs do not exceed $20 per hour. Personnel costs may not be
538 charged for records requests that result in the copying of 25 or
539 fewer pages. The association may charge up to 25 cents per page
540 for copies made on the association’s photocopier. If the
541 association does not have a photocopy machine available where
542 the records are kept, or if the records requested to be copied
543 exceed 25 pages in length, the association may have copies made
544 by an outside duplicating service and may charge the actual cost
545 of copying, as supported by the vendor invoice. The association
546 shall maintain an adequate number of copies of the recorded
547 governing documents, to ensure their availability to members and
548 prospective members. Notwithstanding this paragraph, the
549 following records are not accessible to members or parcel
550 owners:
551 1. Any record protected by the lawyer-client privilege as
552 described in s. 90.502 and any record protected by the work
553 product privilege, including, but not limited to, a record
554 prepared by an association attorney or prepared at the
555 attorney’s express direction which reflects a mental impression,
556 conclusion, litigation strategy, or legal theory of the attorney
557 or the association and which was prepared exclusively for civil
558 or criminal litigation or for adversarial administrative
559 proceedings or which was prepared in anticipation of such
560 litigation or proceedings until the conclusion of the litigation
561 or proceedings.
562 2. Information obtained by an association in connection
563 with the approval of the lease, sale, or other transfer of a
564 parcel.
565 3. Personnel records of association or management company
566 employees, including, but not limited to, disciplinary, payroll,
567 health, and insurance records. For purposes of this
568 subparagraph, the term “personnel records” does not include
569 written employment agreements with an association or management
570 company employee or budgetary or financial records that indicate
571 the compensation paid to an association or management company
572 employee.
573 4. Medical records of parcel owners or community residents.
574 5. Social security numbers, driver license numbers, credit
575 card numbers, electronic mailing addresses, telephone numbers,
576 facsimile numbers, emergency contact information, any addresses
577 for a parcel owner other than as provided for association notice
578 requirements, and other personal identifying information of any
579 person, excluding the person’s name, parcel designation, mailing
580 address, and property address. Notwithstanding the restrictions
581 in this subparagraph, an association may print and distribute to
582 parcel owners a directory containing the name, parcel address,
583 and all telephone numbers of each parcel owner. However, an
584 owner may exclude his or her telephone numbers from the
585 directory by so requesting in writing to the association. An
586 owner may consent in writing to the disclosure of other contact
587 information described in this subparagraph. The association is
588 not liable for the disclosure of information that is protected
589 under this subparagraph if the information is included in an
590 official record of the association and is voluntarily provided
591 by an owner and not requested by the association.
592 6. Any electronic security measure that is used by the
593 association to safeguard data, including passwords.
594 7. The software and operating system used by the
595 association which allows the manipulation of data, even if the
596 owner owns a copy of the same software used by the association.
597 The data is part of the official records of the association.
598 8. All affirmative acknowledgments made pursuant to s.
599 720.3085(3)(c)3.
600 Section 7. Paragraphs (c) and (d) are added to subsection
601 (3) of section 720.3085, Florida Statutes, to read:
602 720.3085 Payment for assessments; lien claims.—
603 (3) Assessments and installments on assessments that are
604 not paid when due bear interest from the due date until paid at
605 the rate provided in the declaration of covenants or the bylaws
606 of the association, which rate may not exceed the rate allowed
607 by law. If no rate is provided in the declaration or bylaws,
608 interest accrues at the rate of 18 percent per year.
609 (c)1. If an association sends out an invoice for
610 assessments or a parcel’s statement of the account described in
611 s. 720.303(4)(j)2., the invoice for assessments or the parcel’s
612 statement of account must be delivered to the parcel owner by
613 first-class United States mail or by electronic transmission to
614 the parcel owner’s e-mail address maintained in the
615 association’s official records.
616 2. Before changing the method of delivery for an invoice
617 for assessments or the statement of the account, the association
618 must deliver a written notice such change to each parcel owner.
619 The written notice must be delivered to the parcel owner at
620 least 30 days before the association sends the invoice for
621 assessments or the statement of the account by the new delivery
622 method. The notice must be sent by first-class United States
623 mail to the owner at his or her last address as reflected in the
624 association’s records and, if such address is not the parcel
625 address, must be sent by first-class United States mail to the
626 parcel address. Notice is deemed to have been delivered upon
627 mailing as required by this subparagraph.
628 3. A parcel owner must affirmatively acknowledge his or her
629 understanding that the association will change its method of
630 delivery of the invoice for assessments or the statement of the
631 account before the association may change the method of
632 delivering the statement of the account. The parcel owner may
633 make the affirmative acknowledgment electronically or in
634 writing.
635 (d) An association may not require payment of attorney fees
636 related to a past due assessment without first delivering a
637 written notice of late assessment to the parcel owner which
638 specifies the amount owed the association and provides the
639 parcel owner an opportunity to pay the amount owed without the
640 assessment of attorney fees. The notice of late assessment must
641 be sent by first-class United States mail to the owner at his or
642 her last address as reflected in the association’s records and,
643 if such address is not the parcel address, must also be sent by
644 first-class United States mail to the parcel address. Notice is
645 deemed to have been delivered upon mailing as required by this
646 paragraph. A rebuttable presumption that an association mailed a
647 notice in accordance with this subsection is established if a
648 board member, officer, or agent of the association, or a manager
649 licensed under part VIII of chapter 468, provides a sworn
650 affidavit attesting to such mailing. The notice must be in
651 substantially the following
652
653 ================= T I T L E A M E N D M E N T ================
654 And the title is amended as follows:
655 Delete lines 11 - 60
656 and insert:
657 associations to deliver certain invoices for
658 assessments or statements of account to unit owners in
659 a specified manner; requiring condominium associations
660 to give notice to unit owners before changing the
661 method of delivery for the invoices for assessments or
662 statements of account; providing requirements for the
663 notice; requiring unit owners to affirmatively
664 acknowledge the changes in delivery methods;
665 prohibiting condominium associations from requiring
666 the payment of attorney fees relating to past due
667 assessments without first providing a specified notice
668 to unit owners; providing requirements for the notice;
669 establishing a rebuttable presumption relating to
670 mailing the notice if a certain requirement is met;
671 revising the timeframe for condominium associations to
672 file liens against condominium units; conforming
673 provisions to changes made by the act; amending s.
674 719.104, F.S.; requiring cooperative associations to
675 maintain specified affirmative acknowledgments as
676 official records of the association; specifying that
677 such acknowledgments are not accessible to unit
678 owners; amending s. 719.108, F.S.; requiring
679 cooperative associations to deliver certain invoices
680 for assessments or statements of account to unit
681 owners in a specified manner; requiring cooperative
682 associations to give notice to unit owners before
683 changing the method of delivery for the invoices for
684 assessments or statements of account; providing
685 requirements for the notice; requiring unit owners to
686 affirmatively acknowledge the changes in delivery
687 methods; prohibiting cooperative associations from
688 requiring the payment of attorney fees relating to
689 past due assessments without first providing specified
690 notice to unit owners; providing requirements for the
691 notice; establishing a rebuttable presumption relating
692 to mailing the notice if a certain requirement is met;
693 revising the timeframe for cooperative associations to
694 file liens against cooperative parcels; conforming
695 provisions to changes made by the act; amending s.
696 720.303, F.S.; requiring homeowners’ associations to
697 maintain specified affirmative acknowledgments as
698 official records of the association; specifying that
699 such acknowledgments are not accessible to parcel
700 owners; amending s. 720.3085, F.S.; requiring
701 homeowners’ associations to deliver certain invoices
702 for assessments or statements of account to parcel
703 owners in a specified manner; requiring homeowners’
704 associations to give notice to parcel owners before
705 changing the method of delivery for the invoices for
706 assessments or statements of account; providing
707 requirements for the notice; requiring parcel owners
708 to affirmatively acknowledge the changes in delivery
709 methods; prohibiting homeowners’ associations from
710 requiring the payment of attorney fees relating to
711 past due assessments without first providing specified
712 notice to parcel owners; providing requirements for
713 the notice; establishing a rebuttable presumption
714 relating to mailing the notice if a certain
715 requirement is met; providing an effective date.