Florida Senate - 2025 SENATOR AMENDMENT
Bill No. CS for CS for HB 913
Ì831848JÎ831848
LEGISLATIVE ACTION
Senate . House
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Floor: 1/AE/2R . Floor: C
04/30/2025 12:32 PM . 04/30/2025 04:04 PM
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Senator Bradley moved the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the enacting clause
4 and insert:
5 Section 1. Paragraph (h) is added to subsection (2) of
6 section 468.432, Florida Statutes, and subsection (3) is added
7 to that section, to read:
8 468.432 Licensure of community association managers and
9 community association management firms; exceptions.—
10 (2) A community association management firm or other
11 similar organization responsible for the management of more than
12 10 units or a budget of $100,000 or greater shall not engage or
13 hold itself out to the public as being able to engage in the
14 business of community association management in this state
15 unless it is licensed by the department as a community
16 association management firm in accordance with the provisions of
17 this part.
18 (h) A person who has had his or her community association
19 manager license revoked may not have an indirect or direct
20 ownership interest in, or be an employee, a partner, an officer,
21 a director, or a trustee of, a community association management
22 firm during the 10-year period after the effective date of the
23 revocation. Such person is ineligible to reapply for
24 certification or registration under this part for a period of 10
25 years after the effective date of a revocation.
26 (3) A licensee must create and maintain an online licensure
27 account with the department. Each community association manager
28 must identify on his or her online licensure account the
29 community association management firm for which he or she
30 provides management services and identify each community
31 association for which he or she is the designated onsite
32 community association manager. A licensee must update his or her
33 online licensure account with this information within 30 days
34 after any change to the required information. A community
35 association management firm must identify on its online
36 licensure account the community association managers that it
37 employs to provide community association management services. If
38 a community association manager has his or her license suspended
39 or revoked, the department must give written notice of such
40 suspension or revocation to the community association management
41 firm and the community association for which the manager
42 performs community management services.
43 Section 2. Subsections (1) and (3) of section 468.4334,
44 Florida Statutes, are amended to read:
45 468.4334 Professional practice standards; liability;
46 community association manager requirements; return of records
47 after termination of contract.—
48 (1)(a) A community association manager or a community
49 association management firm is deemed to act as agent on behalf
50 of a community association as principal within the scope of
51 authority authorized by a written contract or under this
52 chapter. A community association manager or a community
53 association management firm may not knowingly perform any act
54 directed by the community association if such an act violates
55 any state or federal law. A community association manager and a
56 community association management firm shall discharge duties
57 performed on behalf of the association as authorized by this
58 chapter loyally, skillfully, and diligently; dealing honestly
59 and fairly; in good faith; with care and full disclosure to the
60 community association; accounting for all funds; and not
61 charging unreasonable or excessive fees.
62 (b) If a community association manager or a community
63 association management firm has a contract with a community
64 association that is subject to the milestone inspection
65 requirements in s. 553.899, or the structural integrity reserve
66 study requirements in s. 718.112(2)(g) and 719.106(1)(k), the
67 community association manager or the community association
68 management firm must comply with those sections that section as
69 directed by the board.
70 (c) Each contract between a community association and a
71 community association manager or community association
72 management firm for community association management services
73 must include the following written statement in at least 12
74 point type, if applicable to the type of management services
75 provided in the contract:
76
77 The community association manager shall abide by all
78 professional standards and record keeping requirements
79 imposed pursuant to part VIII of chapter 468, Florida
80 Statutes.
81
82 (d) A contract between a community association manager or
83 community association management firm and a community
84 association may not waive or limit the professional practice
85 standards required pursuant to this part.
86 (3) A community association manager or community
87 association management firm that is authorized by contract to
88 provide community association management services to a community
89 homeowners’ association shall do all of the following:
90 (a) Attend in person at least one member meeting or board
91 meeting of the community homeowners’ association annually.
92 (b) Provide to the members of the community homeowners’
93 association the name and contact information for each community
94 association manager or representative of a community association
95 management firm assigned to the community homeowners’
96 association, the manager’s or representative’s hours of
97 availability, and a summary of the duties for which the manager
98 or representative is responsible. The community homeowners’
99 association shall also post this information on the
100 association’s website or mobile application, if the association
101 is required to maintain official records on a website or
102 application required under s. 720.303(4)(b). The community
103 association manager or community association management firm
104 shall update the community homeowners’ association and its
105 members within 14 business days after any change to such
106 information.
107 (c) Provide to any member upon request a copy of the
108 contract between the community association manager or community
109 association management firm and the community homeowners’
110 association and include such contract with association’s
111 official records.
112 Section 3. Section 468.4335, Florida Statutes, is amended
113 to read:
114 468.4335 Conflicts of interest.—
115 (1) A community association manager or a community
116 association management firm, including directors, officers, and
117 persons with a financial interest in a community association
118 management firm, or a relative of such persons, must disclose to
119 the board of a community association any activity that may
120 reasonably be construed to be a conflict of interest. A
121 rebuttable presumption of a conflict of interest exists if any
122 of the following occurs without prior notice:
123 (a) A community association manager or a community
124 association management firm, including directors, officers, and
125 persons with a financial interest in a community association
126 management firm, or a relative of such persons, proposes to
127 enter into a contract or other transaction with the association,
128 or enters into a contract for goods or services with the
129 association, for services other than community association
130 management services.
131 (b) A community association manager or a community
132 association management firm, including directors, officers, and
133 persons with a financial interest in a community association
134 management firm, or a relative of such persons, holds an
135 interest in or receives compensation or any thing of value from
136 a person as defined in s. 1.01(3) which corporation, limited
137 liability corporation, partnership, limited liability
138 partnership, or other business entity that conducts business
139 with the association or proposes to enter into a contract or
140 other transaction with the association. As used in this
141 paragraph, the term “compensation” means any referral fee or
142 other monetary benefit derived from a person as defined in s.
143 1.01(3) which provides products or services to the association,
144 and any ownership interests or profit-sharing arrangements with
145 product or service providers recommended to or used by the
146 association.
147 (2) If the association receives and considers a bid that
148 exceeds $2,500 to provide a good or service, other than
149 community association management services which is or may
150 reasonably be construed to be a conflict of interest under
151 subsection (1), from a community association manager or a
152 community association management firm, including directors,
153 officers, and persons with a financial interest in a community
154 association management firm, or a relative of such persons, the
155 association must solicit multiple bids from other third-party
156 providers of such goods or services. This subsection does not
157 apply to any activities or the provision of goods or services
158 that are disclosed in the management services contract as a
159 conflict of interest within the meaning of subsection (1).
160 (3) If a community association manager or a community
161 association management firm, including directors, officers, and
162 persons with a financial interest in a community association
163 management firm, or a relative of such persons, proposes to
164 engage in an activity that is a conflict of interest as
165 described in subsection (1), the proposed activity must be
166 listed on, and all contracts and transactional documents related
167 to the proposed activity must be attached to, the meeting agenda
168 of the next board of administration meeting. The notice for the
169 meeting at which the proposed activity will be considered by the
170 board must include a description of the proposed activity,
171 disclose the possible conflict of interest, and include a copy
172 of all contracts and transactional documents related to the
173 proposed activity. The disclosures of a possible conflict of
174 interest must be entered into the written minutes of the
175 meeting. Approval of the contract, including a management
176 contract between the community association and the community
177 association manager or community association management firm, or
178 other transaction requires an affirmative vote of two-thirds of
179 all directors present. At the next regular or special meeting of
180 the members, the existence of the conflict of interest and the
181 contract or other transaction must be disclosed to the members.
182 If a community association manager or community association
183 management firm has previously disclosed a conflict of interest
184 in an existing management contract entered into between the
185 board of directors and the community association manager or
186 community association management firm, the conflict of interest
187 does not need to be additionally noticed and voted on during the
188 term of such management contract, but, upon renewal, must be
189 noticed and voted on in accordance with this subsection.
190 (4) If the board finds that a community association manager
191 or a community association management firm, including directors,
192 officers, and persons with a financial interest in a community
193 association management firm, or a relative of such persons, has
194 violated this section, the contract is voidable and the
195 association may terminate cancel its community association
196 management contract with the community association manager or
197 the community association management firm by delivery of a
198 written notice terminating the contract. If the contract is
199 terminated canceled, the association is liable only for the
200 reasonable value of the management services provided up to the
201 time of cancellation and is not liable for any termination fees,
202 liquidated damages, or other form of penalty for such
203 cancellation.
204 (5) If an association enters into a contract with a
205 community association manager or a community association
206 management firm, including directors, officers, and persons with
207 a financial interest in a community association management firm,
208 or a relative of such persons, which is a party to or has an
209 interest in an activity that is a possible conflict of interest
210 as described in subsection (1) and such activity has not been
211 properly disclosed as a conflict of interest or potential
212 conflict of interest as required by this section, the contract
213 is voidable and terminates upon the association filing a written
214 notice terminating the contract with its board of directors
215 which contains the consent of at least 20 percent of the voting
216 interests of the association.
217 (6) As used in this section, the term “relative” means a
218 relative within the third degree of consanguinity by blood or
219 marriage.
220 Section 4. Present subsections (12) and (13) of section
221 553.899, Florida Statutes, are redesignated as subsections (14)
222 and (15), respectively, new subsections (12) and (13) are added
223 to that section, and paragraph (a) of subsection (3) and
224 subsection (11) of that section are amended, to read:
225 553.899 Mandatory structural inspections for condominium
226 and cooperative buildings.—
227 (3)(a) An owner or owners of a building that is three
228 habitable stories or more in height as determined by the Florida
229 Building Code and that is subject, in whole or in part, to the
230 condominium or cooperative form of ownership as a residential
231 condominium under chapter 718 or a residential cooperative under
232 chapter 719 must have a milestone inspection performed by
233 December 31 of the year in which the building reaches 30 years
234 of age, based on the date the certificate of occupancy for the
235 building was issued, and every 10 years thereafter. If a
236 building reached 30 years of age before July 1, 2022, the
237 building’s initial milestone inspection must be performed before
238 December 31, 2024. If a building reaches 30 years of age on or
239 after July 1, 2022, and before December 31, 2024, the building’s
240 initial milestone inspection must be performed before December
241 31, 2025. If the date of issuance for the certificate of
242 occupancy is not available, the date of issuance of the
243 building’s certificate of occupancy shall be the date of
244 occupancy evidenced in any record of the local building
245 official.
246 (11) A board of county commissioners or municipal governing
247 body shall may adopt an ordinance requiring that a condominium
248 or cooperative association and any other owner that is subject
249 to this section schedule or commence repairs for substantial
250 structural deterioration within a specified timeframe after the
251 local enforcement agency receives a phase two inspection report;
252 however, such repairs must be commenced within 365 days after
253 receiving such report. If an owner of the building fails to
254 submit proof to the local enforcement agency that repairs have
255 been scheduled or have commenced for substantial structural
256 deterioration identified in a phase two inspection report within
257 the required timeframe, the local enforcement agency must review
258 and determine if the building is unsafe for human occupancy.
259 (12) A licensed architect or engineer who bids to perform a
260 milestone inspection must disclose in writing to the association
261 his or her intent to bid on any services related to any
262 maintenance, repair, or replacement which may be recommended by
263 the milestone inspection. Any design professional as defined in
264 s. 558.002 or contractor licensed under chapter 489 who submits
265 a bid to the association for performing any services recommended
266 by the milestone inspection may not have an interest, directly
267 or indirectly, in the firm or entity providing the milestone
268 inspection or be a relative of any person having a direct or
269 indirect interest in such firm, unless such relationship is
270 disclosed to the association in writing. As used in this
271 section, the term “relative” means a relative within the third
272 degree of consanguinity by blood or marriage. A contract for
273 services is voidable and terminates upon the association filing
274 a written notice terminating the contract if the design
275 professional or licensed contractor failed to provide the
276 written disclosure of the relationship required under this
277 subsection. A design professional or licensed contractor may be
278 subject to discipline under the applicable practice act for his
279 or her profession for failure to provide the written disclosure
280 of the relationship, as required under this subsection.
281 (13)(a) On or before December 31 2025, and on or before
282 each December 31 thereafter, the local enforcement agency
283 responsible for milestone inspections shall provide the
284 department, in an electronic format determined by the
285 department, information that must include, but is not limited
286 to:
287 1. The number of buildings required to have a milestone
288 inspection within the agency’s jurisdiction.
289 2. The number of buildings for which a phase one milestone
290 inspection has been completed.
291 3. The number of buildings granted an extension under
292 paragraph (3)(c).
293 4. The number of buildings required to have a phase two
294 milestone inspection.
295 5. The number of buildings for which a phase two milestone
296 inspection has been completed.
297 6. The number, type, and value of permit applications
298 received to complete repairs required by a phase two milestone
299 inspection.
300 7. A list of buildings deemed to be unsafe or uninhabitable
301 as determined by a milestone inspection.
302 8. The license number of the building code administrator
303 responsible for milestone inspections for the local enforcement
304 agency.
305 (b) The department shall provide to the Office of Program
306 Policy Analysis and Government Accountability (OPPAGA) all
307 information obtained from the local enforcement agencies under
308 paragraph (a) by the date specified and in a manner prescribed
309 by OPPAGA. OPPAGA may request from a local enforcement agency
310 any additional information necessary to compile the information
311 and provide a report to the President of the Senate and the
312 Speaker of the House of Representatives.
313 Section 5. Present subsections (33) and (34) of section
314 718.103, Florida Statutes, are redesignated as subsections (34)
315 and (35), respectively, a new subsection (33) is added to that
316 section, and subsection (1) of that section is amended, to read:
317 718.103 Definitions.—As used in this chapter, the term:
318 (1) “Alternative funding method” means a method approved by
319 the division for funding the capital expenditures and deferred
320 maintenance obligations for a multicondominium association
321 operating at least 25 condominiums which may reasonably be
322 expected to fully satisfy the association’s reserve funding
323 obligations by the allocation of funds in the annual operating
324 budget.
325 (33) “Video conference” means a real-time audio and video
326 based meeting between two or more people in different locations
327 using video-enabled and audio-enabled devices. The notice for
328 any meeting that will be conducted by video conference must have
329 a hyperlink and call-in conference telephone number for unit
330 owners to attend the meeting and must have a physical location
331 where unit owners can also attend the meeting in person. All
332 meetings conducted by video conference must be recorded, and
333 such recording must be maintained as an official record of the
334 association.
335 Section 6. Subsections (4) and (10) of section 718.110,
336 Florida Statutes, are amended to read:
337 718.110 Amendment of declaration; correction of error or
338 omission in declaration by circuit court.—
339 (4)(a) Subject to paragraph (b), unless otherwise provided
340 in the declaration as originally recorded, an no amendment may
341 not change the configuration or size of any unit in any material
342 fashion, materially alter or modify the appurtenances to the
343 unit, or change the proportion or percentage by which the unit
344 owner shares the common expenses of the condominium and owns the
345 common surplus of the condominium unless the record owner of the
346 unit and all record owners of liens on the unit join in the
347 execution of the amendment and unless all the record owners of
348 all other units in the same condominium approve the amendment.
349 The acquisition of property by the association and material
350 alterations or substantial additions to such property or the
351 common elements by the association in accordance with s.
352 718.111(7) or s. 718.113, and amendments providing for the
353 transfer of use rights in limited common elements pursuant to s.
354 718.106(2)(b) may not be considered shall not be deemed to
355 constitute a material alteration or modification of the
356 appurtenances to the units. Except as provided in paragraph (b),
357 a declaration recorded after April 1, 1992, may not require the
358 approval of less than a majority of total voting interests of
359 the condominium for amendments under this subsection, unless
360 otherwise required by a governmental entity.
361 (b) Notwithstanding subsection (14), the declaration of a
362 nonresidential condominium formed on or after July 1, 2025, may
363 be amended to change the configuration or size of a unit in any
364 material fashion, materially alter or modify the appurtenances
365 to the unit, or change the proportion or percentage by which the
366 unit owner shares the common expenses of the condominium and
367 owns the common surplus of the condominium, if the record owners
368 of all affected units and all record owners of liens on the
369 affected units join in the execution of the amendment. The
370 approval of the record owners of the nonaffected units in such
371 condominium is not required.
372 (10) If there is an omission or error in a declaration of
373 condominium, or any other document required to establish the
374 condominium, and the omission or error would affect the valid
375 existence of the condominium, the circuit court may entertain a
376 petition of one or more of the unit owners in the condominium,
377 or of the association, to correct the error or omission, and the
378 action may be a class action. The court may require that one or
379 more methods of correcting the error or omission be submitted to
380 the unit owners to determine the most acceptable correction. All
381 unit owners, the association, and the mortgagees of a first
382 mortgage of record must be joined as parties to the action.
383 Service of process on unit owners may be by publication, but the
384 plaintiff must furnish every unit owner not personally served
385 with process with a copy of the petition and final decree of the
386 court by certified mail, return receipt requested, at the unit
387 owner’s last known residence address as reflected in the
388 association’s official records. If an action to determine
389 whether the declaration or another condominium document complies
390 with the mandatory requirements for the formation of a
391 condominium is not brought within 3 years of the recording of
392 the certificate of a surveyor and mapper pursuant to s.
393 718.104(4)(e) or the recording of an instrument that transfers
394 title to a unit in the condominium which is not accompanied by a
395 recorded assignment of developer rights in favor of the grantee
396 of such unit, whichever occurs first, the declaration and other
397 documents will effectively create a condominium, as of the date
398 the declaration was recorded, regardless of whether the
399 documents substantially comply with the mandatory requirements
400 of law. However, both before and after the expiration of this 3
401 year period, the circuit court has jurisdiction to entertain a
402 petition permitted under this subsection for the correction of
403 the documentation, and other methods of amendment may be
404 utilized to correct the errors or omissions at any time.
405 Section 7. Paragraph (a) of subsection (11), paragraphs
406 (a), (c), and (g) of subsection (12), and subsection (13) of
407 section 718.111, Florida Statutes, are amended, paragraphs (g),
408 (h), and (i) are added to subsection (3) of that section, and
409 subsection (16) is added to that section, to read:
410 718.111 The association.—
411 (3) POWER TO MANAGE CONDOMINIUM PROPERTY AND TO CONTRACT,
412 SUE, AND BE SUED; CONFLICT OF INTEREST.—
413 (g) If an association contracts with a community
414 association manager or a community association management firm,
415 the community association manager or community association
416 management firm must possess all applicable licenses required by
417 part VIII of chapter 468. All board members or officers of an
418 association that contracts with a community association manager
419 or a community association management firm have a duty to ensure
420 that the community association manager or community association
421 management firm is properly licensed before entering into a
422 contract.
423 (h) If a contract is between a community association
424 manager and the association, and the community association
425 manager has his or her license suspended or revoked during the
426 term of a contract with the association, the association may
427 terminate the contract upon delivery of a written notice to the
428 community association manager whose license has been revoked or
429 suspended, effective on the date the community association
430 manager became unlicensed.
431 (i) If a community association management firm has its
432 license suspended or revoked during the term of a contract with
433 the association, the association may terminate the contract upon
434 delivery of a written notice to the community association
435 management firm whose license has been revoked or suspended,
436 effective on the date the community association management firm
437 became unlicensed.
438 (11) INSURANCE.—In order to protect the safety, health, and
439 welfare of the people of this state of the State of Florida and
440 to ensure consistency in the provision of insurance coverage to
441 condominiums and their unit owners, this subsection applies to
442 every residential condominium in this the state, regardless of
443 the date of its declaration of condominium. It is the intent of
444 the Legislature to encourage lower or stable insurance premiums
445 for associations described in this subsection.
446 (a) Every condominium association shall have adequate
447 property insurance as determined under this paragraph,
448 regardless of any requirement in the declaration of condominium
449 for certain coverage by the association for full insurable
450 value, replacement cost, or similar coverage, must be based on
451 the replacement cost of the property to be insured as determined
452 by an independent insurance appraisal or update of a prior
453 appraisal. The replacement cost must be determined at least once
454 every 36 months.
455 1. An association or group of associations may provide
456 adequate property insurance as determined under this paragraph
457 through a self-insurance fund that complies with the
458 requirements of ss. 624.460-624.488.
459 2. The amount of adequate insurance coverage for full
460 insurable value, replacement cost, or similar coverage may be
461 based on the replacement cost of the property to be insured, as
462 determined by an independent insurance appraisal or an update of
463 a previous appraisal. The replacement cost must be determined at
464 least once every 3 years, at minimum.
465 3. The association’s obligation to obtain and association
466 may also provide adequate property insurance coverage for a
467 group of at least three communities created and operating under
468 this chapter, chapter 719, chapter 720, or chapter 721 may be
469 satisfied by obtaining and maintaining for such communities
470 insurance coverage sufficient to cover an amount equal to the
471 probable maximum loss for the communities for a 250-year
472 windstorm event.
473 a. Such probable maximum loss must be determined through
474 the use of a competent model that has been accepted by the
475 Florida Commission on Hurricane Loss Projection Methodology.
476 b. A policy or program providing such coverage may not be
477 issued or renewed after July 1, 2008, unless it has been
478 reviewed and approved by the Office of Insurance Regulation. The
479 review and approval must include approval of the policy and
480 related forms pursuant to ss. 627.410 and 627.411, approval of
481 the rates pursuant to s. 627.062, a determination that the loss
482 model approved by the commission was accurately and
483 appropriately applied to the insured structures to determine the
484 250-year probable maximum loss, and a determination that
485 complete and accurate disclosure of all material provisions is
486 provided to condominium unit owners before execution of the
487 agreement by a condominium association.
488 4.3. When determining the adequate amount of property
489 insurance coverage, the association may consider deductibles as
490 determined by this subsection.
491 (12) OFFICIAL RECORDS.—
492 (a) From the inception of the association, the association
493 shall maintain each of the following items, if applicable, which
494 constitutes the official records of the association:
495 1. A copy of the plans, permits, warranties, and other
496 items provided by the developer under s. 718.301(4).
497 2. A copy photocopy of the recorded declaration of
498 condominium of each condominium operated by the association and
499 each amendment to each declaration.
500 3. A copy photocopy of the recorded bylaws of the
501 association and each amendment to the bylaws.
502 4. A certified copy of the articles of incorporation of the
503 association, or other documents creating the association, and
504 each amendment thereto.
505 5. A copy of the current rules of the association.
506 6. A book or books or electronic records that contain the
507 minutes of all meetings of the association, the board of
508 administration, any committee, and the unit owners, and a
509 recording of all such meetings that are conducted by video
510 conference. If there are approved minutes for a meeting held by
511 video conference, recordings of meetings that are conducted by
512 video conference must be maintained for at least 1 year after
513 the date the video recording is posted as required under
514 paragraph (g).
515 7. A current roster of all unit owners and their mailing
516 addresses, unit identifications, voting certifications, and, if
517 known, telephone numbers. The association shall also maintain
518 the e-mail addresses and facsimile numbers of unit owners
519 consenting to receive notice by electronic transmission. In
520 accordance with sub-subparagraph (c)5.e., the e-mail addresses
521 and facsimile numbers are only accessible to unit owners if
522 consent to receive notice by electronic transmission is
523 provided, or if the unit owner has expressly indicated that such
524 personal information can be shared with other unit owners and
525 the unit owner has not provided the association with a request
526 to opt out of such dissemination with other unit owners. An
527 association must ensure that the e-mail addresses and facsimile
528 numbers are only used for the business operation of the
529 association and may not be sold or shared with outside third
530 parties. If such personal information is included in documents
531 that are released to third parties, other than unit owners, the
532 association must redact such personal information before the
533 document is disseminated. However, the association is not liable
534 for an inadvertent disclosure of the e-mail address or facsimile
535 number for receiving electronic transmission of notices unless
536 such disclosure was made with a knowing or intentional disregard
537 of the protected nature of such information.
538 8. All current insurance policies of the association and
539 condominiums operated by the association.
540 9. A current copy of any management agreement, lease, or
541 other contract to which the association is a party or under
542 which the association or the unit owners have an obligation or
543 responsibility.
544 10. Bills of sale or transfer for all property owned by the
545 association.
546 11. Accounting records for the association and separate
547 accounting records for each condominium that the association
548 operates. Any person who knowingly or intentionally defaces or
549 destroys such records, or who knowingly or intentionally fails
550 to create or maintain such records, with the intent of causing
551 harm to the association or one or more of its members, is
552 personally subject to a civil penalty pursuant to s.
553 718.501(1)(e). The accounting records must include, but are not
554 limited to:
555 a. Accurate, itemized, and detailed records of all receipts
556 and expenditures, including all bank statements and ledgers.
557 b. All invoices, transaction receipts, or deposit slips
558 that substantiate any receipt or expenditure of funds by the
559 association.
560 c. A current account and a monthly, bimonthly, or quarterly
561 statement of the account for each unit designating the name of
562 the unit owner, the due date and amount of each assessment, the
563 amount paid on the account, and the balance due.
564 d. All audits, reviews, accounting statements, structural
565 integrity reserve studies, and financial reports of the
566 association or condominium. Structural integrity reserve studies
567 must be maintained for at least 15 years after the study is
568 completed.
569 e. All contracts for work to be performed. Bids for work to
570 be performed are also considered official records and must be
571 maintained by the association for at least 1 year after receipt
572 of the bid.
573 12. Ballots, sign-in sheets, voting proxies, and all other
574 papers and electronic records relating to voting by unit owners,
575 which must be maintained for 1 year from the date of the
576 election, vote, or meeting to which the document relates,
577 notwithstanding paragraph (b).
578 13. All rental records if the association is acting as
579 agent for the rental of condominium units.
580 14. A copy of the current question and answer sheet as
581 described in s. 718.504.
582 15. A copy of the inspection reports described in ss.
583 553.899 and 718.301(4)(p) and any other inspection report
584 relating to a structural or life safety inspection of
585 condominium property. Such record must be maintained by the
586 association for 15 years after receipt of the report.
587 16. Bids for materials, equipment, or services.
588 17. All affirmative acknowledgments made pursuant to s.
589 718.121(4)(c).
590 18. A copy of all building permits.
591 19. A copy of all satisfactorily completed board member
592 educational certificates.
593 20. A copy of all affidavits required by this chapter.
594 21.20. All other written records of the association not
595 specifically included in the foregoing which are related to the
596 operation of the association.
597 (c)1.a. The official records of the association are open to
598 inspection by any association member and any person authorized
599 by an association member as a representative of such member at
600 all reasonable times. The right to inspect the records includes
601 the right to make or obtain copies, at the reasonable expense,
602 if any, of the member and of the person authorized by the
603 association member as a representative of such member. A renter
604 of a unit has a right to inspect and copy only the declaration
605 of condominium, the association’s bylaws and rules, and the
606 inspection reports described in ss. 553.899 and 718.301(4)(p).
607 The association may adopt reasonable rules regarding the
608 frequency, time, location, notice, and manner of record
609 inspections and copying but may not require a member to
610 demonstrate any purpose or state any reason for the inspection.
611 The failure of an association to provide the records within 10
612 working days after receipt of a written request creates a
613 rebuttable presumption that the association willfully failed to
614 comply with this paragraph. A unit owner who is denied access to
615 official records is entitled to the actual damages or minimum
616 damages for the association’s willful failure to comply. Minimum
617 damages are $50 per calendar day for up to 10 days, beginning on
618 the 11th working day after receipt of the written request. The
619 failure to permit inspection entitles any person prevailing in
620 an enforcement action to recover reasonable attorney fees from
621 the person in control of the records who, directly or
622 indirectly, knowingly denied access to the records. If the
623 requested records are posted on an association’s website, or are
624 available for download through an application on a mobile
625 device, the association may fulfill its obligations under this
626 paragraph by directing to the website or the application all
627 persons authorized to request access.
628 b. In response to a written request to inspect records, the
629 association must simultaneously provide to the requestor a
630 checklist of all records made available for inspection and
631 copying. The checklist must also identify any of the
632 association’s official records that were not made available to
633 the requestor. An association must maintain a checklist provided
634 under this sub-subparagraph for 7 years. An association
635 delivering a checklist pursuant to this sub-subparagraph creates
636 a rebuttable presumption that the association has complied with
637 this paragraph.
638 2. A director or member of the board or association or a
639 community association manager who willfully and knowingly or
640 intentionally knowingly, willfully, and repeatedly violates
641 subparagraph 1. commits a misdemeanor of the second degree,
642 punishable as provided in s. 775.082 or s. 775.083, and must be
643 removed from office and a vacancy declared. For purposes of this
644 subparagraph, the term “repeatedly” means two or more violations
645 within a 12-month period.
646 3. A Any person who willfully and knowingly or
647 intentionally defaces or destroys accounting records that are
648 required by this chapter to be maintained during the period for
649 which such records are required to be maintained, or who
650 willfully and knowingly or intentionally fails to create or
651 maintain accounting records that are required to be created or
652 maintained, with the intent of causing harm to the association
653 or one or more of its members, commits a misdemeanor of the
654 first degree, punishable as provided in s. 775.082 or s.
655 775.083; is personally subject to a civil penalty pursuant to s.
656 718.501(1)(d); and must be removed from office and a vacancy
657 declared.
658 4. A person who willfully and knowingly or intentionally
659 refuses to release or otherwise produce association records with
660 the intent to avoid or escape detection, arrest, trial, or
661 punishment for the commission of a crime, or to assist another
662 person with such avoidance or escape, commits a felony of the
663 third degree, punishable as provided in s. 775.082, s. 775.083,
664 or s. 775.084, and must be removed from office and a vacancy
665 declared.
666 5. The association shall maintain an adequate number of
667 copies of the declaration, articles of incorporation, bylaws,
668 and rules, and all amendments to each of the foregoing, as well
669 as the question and answer sheet as described in s. 718.504 and
670 the most recent annual financial statement and annual budget
671 year-end financial information required under this section, on
672 the condominium property to ensure their availability to unit
673 owners and prospective purchasers, and may charge its actual
674 costs for preparing and furnishing these documents to those
675 requesting the documents. An association shall allow a member or
676 his or her authorized representative to use a portable device,
677 including a smartphone, tablet, portable scanner, or any other
678 technology capable of scanning or taking photographs, to make an
679 electronic copy of the official records in lieu of the
680 association’s providing the member or his or her authorized
681 representative with a copy of such records. The association may
682 not charge a member or his or her authorized representative for
683 the use of a portable device. Notwithstanding this paragraph,
684 the following records are not accessible to unit owners:
685 a. Any record protected by the lawyer-client privilege as
686 described in s. 90.502 and any record protected by the work
687 product privilege, including a record prepared by an association
688 attorney or prepared at the attorney’s express direction, which
689 reflects a mental impression, conclusion, litigation strategy,
690 or legal theory of the attorney or the association, and which
691 was prepared exclusively for civil or criminal litigation or for
692 adversarial administrative proceedings, or which was prepared in
693 anticipation of such litigation or proceedings until the
694 conclusion of the litigation or proceedings.
695 b. Information obtained by an association in connection
696 with the approval of the lease, sale, or other transfer of a
697 unit.
698 c. Personnel records of association or management company
699 employees, including, but not limited to, disciplinary, payroll,
700 health, and insurance records. For purposes of this sub
701 subparagraph, the term “personnel records” does not include
702 written employment agreements with an association employee or
703 management company, or budgetary or financial records that
704 indicate the compensation paid to an association employee.
705 d. Medical records of unit owners.
706 e. Social security numbers, driver license numbers, credit
707 card numbers, e-mail addresses, telephone numbers, facsimile
708 numbers, emergency contact information, addresses of a unit
709 owner other than as provided to fulfill the association’s notice
710 requirements, and other personal identifying information of any
711 person, excluding the person’s name, unit designation, mailing
712 address, property address, and any address, e-mail address, or
713 facsimile number provided to the association to fulfill the
714 association’s notice requirements. Notwithstanding the
715 restrictions in this sub-subparagraph, an association may print
716 and distribute to unit owners a directory containing the name,
717 unit address, and all telephone numbers of each unit owner.
718 However, an owner may exclude his or her telephone numbers from
719 the directory by so requesting in writing to the association. An
720 owner may consent in writing to the disclosure of other contact
721 information described in this sub-subparagraph. The association
722 is not liable for the inadvertent disclosure of information that
723 is protected under this sub-subparagraph if the information is
724 included in an official record of the association and is
725 voluntarily provided by an owner and not requested by the
726 association.
727 f. Electronic security measures that are used by the
728 association to safeguard data, including passwords.
729 g. The software and operating system used by the
730 association which allow the manipulation of data, even if the
731 owner owns a copy of the same software used by the association.
732 The data is part of the official records of the association.
733 h. All affirmative acknowledgments made pursuant to s.
734 718.121(4)(c).
735 (g)1. By January 1, 2019, an association managing a
736 condominium with 150 or more units which does not contain
737 timeshare units shall post digital copies of the documents
738 specified in subparagraph 2. on its website or make such
739 documents available through an application that can be
740 downloaded on a mobile device. Unless a shorter period is
741 otherwise required, a document must be made available on the
742 association’s website or made available for download through an
743 application on a mobile device within 30 days after the
744 association receives or creates an official record specified in
745 subparagraph 2.
746 a. The association’s website or application must be:
747 (I) An independent website, application, or web portal
748 wholly owned and operated by the association; or
749 (II) A website, application, or web portal operated by a
750 third-party provider with whom the association owns, leases,
751 rents, or otherwise obtains the right to operate a web page,
752 subpage, web portal, collection of subpages or web portals, or
753 an application which is dedicated to the association’s
754 activities and on which required notices, records, and documents
755 may be posted or made available by the association.
756 b. The association’s website or application must be
757 accessible through the Internet and must contain a subpage, web
758 portal, or other protected electronic location that is
759 inaccessible to the general public and accessible only to unit
760 owners and employees of the association.
761 c. Upon a unit owner’s written request, the association
762 must provide the unit owner with a username and password and
763 access to the protected sections of the association’s website or
764 application which contain any notices, records, or documents
765 that must be electronically provided.
766 2. A current copy of the following documents must be posted
767 in digital format on the association’s website or application:
768 a. The recorded declaration of condominium of each
769 condominium operated by the association and each amendment to
770 each declaration.
771 b. The recorded bylaws of the association and each
772 amendment to the bylaws.
773 c. The articles of incorporation of the association, or
774 other documents creating the association, and each amendment to
775 the articles of incorporation or other documents. The copy
776 posted pursuant to this sub-subparagraph must be a copy of the
777 articles of incorporation filed with the Department of State.
778 d. The rules of the association.
779 e. The approved minutes of all board of administration
780 meetings over the preceding 12 months.
781 f. The video recording or a hyperlink to the video
782 recording for all meetings of the association, the board of
783 administration, any committee, and the unit owners which are
784 conducted by video conference over the preceding 12 months.
785 g.e. A list of all executory contracts or documents to
786 which the association is a party or under which the association
787 or the unit owners have an obligation or responsibility and,
788 after bidding for the related materials, equipment, or services
789 has closed, a list of bids received by the association within
790 the past year. Summaries of bids for materials, equipment, or
791 services which exceed $500 must be maintained on the website or
792 application for 1 year. In lieu of summaries, complete copies of
793 the bids may be posted.
794 h.f. The annual budget required by s. 718.112(2)(f) and any
795 proposed budget to be considered at the annual meeting.
796 i.g. The financial report required by subsection (13) and
797 any monthly income or expense statement to be considered at a
798 meeting.
799 j.h. The certification of each director required by s.
800 718.112(2)(d)4.b.
801 k.i. All contracts or transactions between the association
802 and any director, officer, corporation, firm, or association
803 that is not an affiliated condominium association or any other
804 entity in which an association director is also a director or
805 officer and financially interested.
806 l.j. Any contract or document regarding a conflict of
807 interest or possible conflict of interest as provided in ss.
808 468.4335, 468.436(2)(b)6., and 718.3027(3).
809 m.k. The notice of any unit owner meeting and the agenda
810 for the meeting, as required by s. 718.112(2)(d)3., no later
811 than 14 days before the meeting. The notice must be posted in
812 plain view on the front page of the website or application, or
813 on a separate subpage of the website or application labeled
814 “Notices” which is conspicuously visible and linked from the
815 front page. The association must also post on its website or
816 application any document to be considered and voted on by the
817 owners during the meeting or any document listed on the agenda
818 at least 7 days before the meeting at which the document or the
819 information within the document will be considered.
820 n.l. Notice of any board meeting, the agenda, and any other
821 document required for the meeting as required by s.
822 718.112(2)(c), which must be posted no later than the date
823 required for notice under s. 718.112(2)(c).
824 o.m. The inspection reports described in ss. 553.899 and
825 718.301(4)(p) and any other inspection report relating to a
826 structural or life safety inspection of condominium property.
827 p.n. The association’s most recent structural integrity
828 reserve study, if applicable.
829 q.o. Copies of all building permits issued for ongoing or
830 planned construction.
831 r. A copy of all affidavits required by this chapter.
832 3. The association shall ensure that the information and
833 records described in paragraph (c), which are not allowed to be
834 accessible to unit owners, are not posted on the association’s
835 website or application. If protected information or information
836 restricted from being accessible to unit owners is included in
837 documents that are required to be posted on the association’s
838 website or application, the association shall ensure the
839 information is redacted before posting the documents.
840 Notwithstanding the foregoing, the association or its agent is
841 not liable for disclosing information that is protected or
842 restricted under this paragraph unless such disclosure was made
843 with a knowing or intentional disregard of the protected or
844 restricted nature of such information.
845 4. The failure of the association to post information
846 required under subparagraph 2. is not in and of itself
847 sufficient to invalidate any action or decision of the
848 association’s board or its committees.
849 (13) FINANCIAL REPORTING.—Within 90 days after the end of
850 the fiscal year, or annually on a date provided in the bylaws,
851 the association shall prepare and complete, or contract for the
852 preparation and completion of, a financial report for the
853 preceding fiscal year. Within 21 days after the final financial
854 report is completed by the association or received from the
855 third party, but not later than 180 120 days after the end of
856 the fiscal year or other date as provided in the bylaws, the
857 association shall deliver to each unit owner by United States
858 mail or personal delivery at the mailing address, property
859 address, e-mail address, or facsimile number provided to fulfill
860 the association’s notice requirements, a copy of the most recent
861 financial report, or and a notice that a copy of the most recent
862 financial report will be, as requested by the owner, mailed, or
863 hand delivered, or electronically delivered via the Internet to
864 the unit owner, without charge, within 5 business days after
865 receipt of a written request from the unit owner. Evidence of
866 compliance with this delivery requirement must be made by an
867 affidavit executed by an officer or director of the association.
868 The division shall adopt rules setting forth uniform accounting
869 principles and standards to be used by all associations and
870 addressing the financial reporting requirements for
871 multicondominium associations. The rules must include, but not
872 be limited to, standards for presenting a summary of association
873 reserves, including a good faith estimate disclosing the annual
874 amount of reserve funds that would be necessary for the
875 association to fully fund reserves for each reserve item based
876 on the straight-line accounting method. This disclosure is not
877 applicable to reserves funded via the pooling method. In
878 adopting such rules, the division shall consider the number of
879 members and annual revenues of an association. Financial reports
880 shall be prepared as follows:
881 (a) An association that meets the criteria of this
882 paragraph shall prepare a complete set of financial statements
883 in accordance with generally accepted accounting principles. The
884 financial statements must be based upon the association’s total
885 annual revenues, as follows:
886 1. An association with total annual revenues of $150,000 or
887 more, but less than $300,000, shall prepare compiled financial
888 statements.
889 2. An association with total annual revenues of at least
890 $300,000, but less than $500,000, shall prepare reviewed
891 financial statements.
892 3. An association with total annual revenues of $500,000 or
893 more shall prepare audited financial statements.
894 (b)1. An association with total annual revenues of less
895 than $150,000 shall prepare a report of cash receipts and
896 expenditures.
897 2. A report of cash receipts and disbursements must
898 disclose the amount of receipts by accounts and receipt
899 classifications and the amount of expenses by accounts and
900 expense classifications, including, but not limited to, the
901 following, as applicable: costs for security, professional and
902 management fees and expenses, taxes, costs for recreation
903 facilities, expenses for refuse collection and utility services,
904 expenses for lawn care, costs for building maintenance and
905 repair, insurance costs, administration and salary expenses, and
906 reserves accumulated and expended for capital expenditures,
907 deferred maintenance, and any other category for which the
908 association maintains reserves.
909 (c) An association may prepare, without a meeting of or
910 approval by the unit owners:
911 1. Compiled, reviewed, or audited financial statements, if
912 the association is required to prepare a report of cash receipts
913 and expenditures;
914 2. Reviewed or audited financial statements, if the
915 association is required to prepare compiled financial
916 statements; or
917 3. Audited financial statements if the association is
918 required to prepare reviewed financial statements.
919 (d) If approved by a majority vote of all the voting
920 interests present at a properly called meeting of the
921 association, an association may prepare:
922 1. A report of cash receipts and expenditures in lieu of a
923 compiled, reviewed, or audited financial statement;
924 2. A report of cash receipts and expenditures or a compiled
925 financial statement in lieu of a reviewed or audited financial
926 statement; or
927 3. A report of cash receipts and expenditures, a compiled
928 financial statement, or a reviewed financial statement in lieu
929 of an audited financial statement.
930
931 Such meeting and approval must occur before the end of the
932 fiscal year and is effective only for the fiscal year in which
933 the vote is taken. An association may not prepare a financial
934 report pursuant to this paragraph for consecutive fiscal years.
935 If the developer has not turned over control of the association,
936 all unit owners, including the developer, may vote on issues
937 related to the preparation of the association’s financial
938 reports, from the date of incorporation of the association
939 through the end of the second fiscal year after the fiscal year
940 in which the certificate of a surveyor and mapper is recorded
941 pursuant to s. 718.104(4)(e) or an instrument that transfers
942 title to a unit in the condominium which is not accompanied by a
943 recorded assignment of developer rights in favor of the grantee
944 of such unit is recorded, whichever occurs first. Thereafter,
945 all unit owners except the developer may vote on such issues
946 until control is turned over to the association by the
947 developer. Any audit or review prepared under this section shall
948 be paid for by the developer if done before turnover of control
949 of the association.
950 (e) A unit owner may provide written notice to the division
951 of the association’s failure to mail or hand deliver him or her
952 a copy of the most recent financial report within 5 business
953 days after he or she submitted a written request to the
954 association for a copy of such report. If the division
955 determines that the association failed to mail or hand deliver a
956 copy of the most recent financial report to the unit owner, the
957 division shall provide written notice to the association that
958 the association must mail or hand deliver a copy of the most
959 recent financial report to the unit owner and the division
960 within 5 business days after it receives such notice from the
961 division. An association that fails to comply with the
962 division’s request may not waive the financial reporting
963 requirement provided in paragraph (d) for the fiscal year in
964 which the unit owner’s request was made and the following fiscal
965 year. A financial report received by the division pursuant to
966 this paragraph shall be maintained, and the division shall
967 provide a copy of such report to an association member upon his
968 or her request.
969 (16) INVESTMENT OF ASSOCIATION FUNDS.—
970 (a) A board shall, in fulfilling its duty to manage
971 operating and reserve funds of its association, use best efforts
972 to make prudent investment decisions that carefully consider
973 risk and return in an effort to maximize returns on invested
974 funds.
975 (b) An association, including a multicondominium
976 association, may invest reserve funds in one or any combination
977 of certificates of deposit or in depository accounts at a
978 community bank, savings bank, commercial bank, savings and loan
979 association, or credit union without a vote of the unit owners.
980 Section 8. Paragraphs (b) through (g) of subsection (2) of
981 section 718.112, Florida Statutes, are amended to read:
982 718.112 Bylaws.—
983 (2) REQUIRED PROVISIONS.—The bylaws shall provide for the
984 following and, if they do not do so, shall be deemed to include
985 the following:
986 (b) Quorum; voting requirements; proxies.—
987 1. Unless a lower number is provided in the bylaws, the
988 percentage of voting interests required to constitute a quorum
989 at a meeting of the members is a majority of the voting
990 interests. Unless otherwise provided in this chapter or in the
991 declaration, articles of incorporation, or bylaws, and except as
992 provided in subparagraph (d)4., decisions shall be made by a
993 majority of the voting interests represented at a meeting at
994 which a quorum is present.
995 2. Except as specifically otherwise provided herein, unit
996 owners in a residential condominium may not vote by general
997 proxy, but may vote by limited proxies substantially conforming
998 to a limited proxy form adopted by the division. A voting
999 interest or consent right allocated to a unit owned by the
1000 association may not be exercised or considered for any purpose,
1001 whether for a quorum, an election, or otherwise. Limited proxies
1002 and general proxies may be used to establish a quorum. Limited
1003 proxies shall be used for votes taken to waive or reduce
1004 reserves in accordance with subparagraph (f)2.; for votes taken
1005 to waive the financial reporting requirements of s. 718.111(13);
1006 for votes taken to amend the declaration pursuant to s. 718.110;
1007 for votes taken to amend the articles of incorporation or bylaws
1008 pursuant to this section; and for any other matter for which
1009 this chapter requires or permits a vote of the unit owners.
1010 Except as provided in paragraph (d), a proxy, limited or
1011 general, may not be used in the election of board members in a
1012 residential condominium. General proxies may be used for other
1013 matters for which limited proxies are not required, and may be
1014 used in voting for nonsubstantive changes to items for which a
1015 limited proxy is required and given. Notwithstanding this
1016 subparagraph, unit owners may vote in person at unit owner
1017 meetings. This subparagraph does not limit the use of general
1018 proxies or require the use of limited proxies for any agenda
1019 item or election at any meeting of a timeshare condominium
1020 association or a nonresidential condominium association.
1021 3. A proxy given is effective only for the specific meeting
1022 for which originally given and any lawfully adjourned meetings
1023 thereof. A proxy is not valid longer than 90 days after the date
1024 of the first meeting for which it was given. Each proxy is
1025 revocable at any time at the pleasure of the unit owner
1026 executing it.
1027 4. A member of the board of administration or a committee
1028 may submit in writing his or her agreement or disagreement with
1029 any action taken at a meeting that the member did not attend.
1030 This agreement or disagreement may not be used as a vote for or
1031 against the action taken or to create a quorum.
1032 5. A board meeting may be conducted in person or by video
1033 conference. A board or committee member’s participation in a
1034 meeting via telephone, real-time videoconferencing, or similar
1035 real-time electronic or video communication counts toward a
1036 quorum, and such member may vote as if physically present. A
1037 speaker must be used so that the conversation of such members
1038 may be heard by the board or committee members attending in
1039 person as well as by any unit owners present at a meeting. The
1040 division shall adopt rules pursuant to ss. 120.536 and 120.54
1041 governing the requirements for meetings.
1042 (c) Board of administration meetings.—In a residential
1043 condominium association of more than 10 units, the board of
1044 administration shall meet at least once each quarter. At least
1045 four times each year, the meeting agenda must include an
1046 opportunity for members to ask questions of the board. Meetings
1047 of the board of administration at which a quorum of the members
1048 is present are open to all unit owners. Members of the board of
1049 administration may use e-mail as a means of communication but
1050 may not cast a vote on an association matter via e-mail. A unit
1051 owner may tape record or videotape the meetings. The right to
1052 attend such meetings includes the right to speak at such
1053 meetings with reference to all designated agenda items and the
1054 right to ask questions relating to reports on the status of
1055 construction or repair projects, the status of revenues and
1056 expenditures during the current fiscal year, and other issues
1057 affecting the condominium. The division shall adopt reasonable
1058 rules governing the tape recording and videotaping of the
1059 meeting. The association may adopt written reasonable rules
1060 governing the frequency, duration, and manner of unit owner
1061 statements.
1062 1. Adequate notice of all board meetings, which must
1063 specifically identify all agenda items, must be posted
1064 conspicuously on the condominium property at least 48 continuous
1065 hours before the meeting except in an emergency. If the board
1066 meeting is to be conducted via video conference, the notice must
1067 state that such meeting will be via video conference and must
1068 include a hyperlink and a conference telephone number for unit
1069 owners to attend the meeting via video conference, as well as
1070 the address of the physical location where the unit owners can
1071 attend the meeting in person. If the meeting is conducted via
1072 video conference, it must be recorded and such recording must be
1073 maintained as an official record of the association. If 20
1074 percent of the voting interests petition the board to address an
1075 item of business, the board, within 60 days after receipt of the
1076 petition, shall place the item on the agenda at its next regular
1077 board meeting or at a special meeting called for that purpose.
1078 An item not included on the notice may be taken up on an
1079 emergency basis by a vote of at least a majority plus one of the
1080 board members. Such emergency action must be noticed and
1081 ratified at the next regular board meeting. Written notice of a
1082 meeting at which a nonemergency special assessment or an
1083 amendment to rules regarding unit use will be considered must be
1084 mailed, delivered, or electronically transmitted to the unit
1085 owners and posted conspicuously on the condominium property at
1086 least 14 days before the meeting. Evidence of compliance with
1087 this 14-day notice requirement must be made by an affidavit
1088 executed by the person providing the notice and filed with the
1089 official records of the association.
1090 2. Upon notice to the unit owners, the board shall, by duly
1091 adopted rule, designate a specific location on the condominium
1092 property at which all notices of board meetings must be posted.
1093 If there is no condominium property at which notices can be
1094 posted, notices shall be mailed, delivered, or electronically
1095 transmitted to each unit owner at least 14 days before the
1096 meeting. In lieu of or in addition to the physical posting of
1097 the notice on the condominium property, the association may, by
1098 reasonable rule, adopt a procedure for conspicuously posting and
1099 repeatedly broadcasting the notice and the agenda on a closed
1100 circuit cable television system serving the condominium
1101 association. However, if broadcast notice is used in lieu of a
1102 notice physically posted on condominium property, the notice and
1103 agenda must be broadcast at least four times every broadcast
1104 hour of each day that a posted notice is otherwise required
1105 under this section. If broadcast notice is provided, the notice
1106 and agenda must be broadcast in a manner and for a sufficient
1107 continuous length of time so as to allow an average reader to
1108 observe the notice and read and comprehend the entire content of
1109 the notice and the agenda. In addition to any of the authorized
1110 means of providing notice of a meeting of the board, the
1111 association may, by rule, adopt a procedure for conspicuously
1112 posting the meeting notice and the agenda on a website serving
1113 the condominium association for at least the minimum period of
1114 time for which a notice of a meeting is also required to be
1115 physically posted on the condominium property. Any rule adopted
1116 shall, in addition to other matters, include a requirement that
1117 the association send an electronic notice in the same manner as
1118 a notice for a meeting of the members, which must include a
1119 hyperlink to the website at which the notice is posted, to unit
1120 owners whose e-mail addresses are included in the association’s
1121 official records.
1122 3. Notice of any meeting in which regular or special
1123 assessments against unit owners are to be considered must
1124 specifically state that assessments will be considered and
1125 provide the estimated cost and description of the purposes for
1126 such assessments. If an agenda item relates to the approval of a
1127 contract for goods or services, a copy of the contract must be
1128 provided with the notice and be made available for inspection
1129 and copying upon a written request from a unit owner or made
1130 available on the association’s website or through an application
1131 that can be downloaded on a mobile device.
1132 4. Meetings of a committee to take final action on behalf
1133 of the board or make recommendations to the board regarding the
1134 association budget are subject to this paragraph. Meetings of a
1135 committee that does not take final action on behalf of the board
1136 or make recommendations to the board regarding the association
1137 budget are subject to this section, unless those meetings are
1138 exempted from this section by the bylaws of the association.
1139 5. Notwithstanding any other law, the requirement that
1140 board meetings and committee meetings be open to the unit owners
1141 does not apply to:
1142 a. Meetings between the board or a committee and the
1143 association’s attorney, with respect to proposed or pending
1144 litigation, if the meeting is held for the purpose of seeking or
1145 rendering legal advice; or
1146 b. Board meetings held for the purpose of discussing
1147 personnel matters.
1148 (d) Unit owner meetings.—
1149 1. An annual meeting of the unit owners must be held at the
1150 location provided in the association bylaws and, if the bylaws
1151 are silent as to the location, the meeting must be held within
1152 15 45 miles of the condominium property or within the same
1153 county as the condominium property. However, such distance
1154 requirement does not apply to an association governing a
1155 timeshare condominium. If a unit owner meeting is conducted via
1156 video conference, a unit owner may vote electronically in the
1157 manner provided in s. 718.128.
1158 2. Unit owner meetings, including the annual meeting of the
1159 unit owners, may be conducted in person or via video conference.
1160 If the annual meeting of the unit owners is conducted via video
1161 conference, a quorum of the members of the board of
1162 administration must be physically present at the physical
1163 location where unit owners can attend the meeting. The location
1164 must be provided in the association bylaws and, if the bylaws
1165 are silent as to the location, the meeting must be held within
1166 15 miles of the condominium property or within the same county
1167 as the condominium property. If the unit owner meeting is
1168 conducted via video conference, the video conference must be
1169 recorded and such recording must be maintained as an official
1170 record of the association. The division shall adopt rules
1171 pursuant to ss. 120.536 and 120.54 governing the requirements
1172 for meetings.
1173 3.2. Unless the bylaws provide otherwise, a vacancy on the
1174 board caused by the expiration of a director’s term must be
1175 filled by electing a new board member, and the election must be
1176 by secret ballot. An election is not required if the number of
1177 vacancies equals or exceeds the number of candidates. For
1178 purposes of this paragraph, the term “candidate” means an
1179 eligible person who has timely submitted the written notice, as
1180 described in sub-subparagraph 4.a., of his or her intention to
1181 become a candidate. Except in a timeshare or nonresidential
1182 condominium, or if the staggered term of a board member does not
1183 expire until a later annual meeting, or if all members’ terms
1184 would otherwise expire but there are no candidates, the terms of
1185 all board members expire at the annual meeting, and such members
1186 may stand for reelection unless prohibited by the bylaws. Board
1187 members may serve terms longer than 1 year if permitted by the
1188 bylaws or articles of incorporation. A board member may not
1189 serve more than 8 consecutive years unless approved by an
1190 affirmative vote of unit owners representing two-thirds of all
1191 votes cast in the election or unless there are not enough
1192 eligible candidates to fill the vacancies on the board at the
1193 time of the vacancy. Only board service that occurs on or after
1194 July 1, 2018, may be used when calculating a board member’s term
1195 limit. If the number of board members whose terms expire at the
1196 annual meeting equals or exceeds the number of candidates, the
1197 candidates become members of the board effective upon the
1198 adjournment of the annual meeting. Unless the bylaws provide
1199 otherwise, any remaining vacancies shall be filled by the
1200 affirmative vote of the majority of the directors making up the
1201 newly constituted board even if the directors constitute less
1202 than a quorum or there is only one director. In a residential
1203 condominium association of more than 10 units or in a
1204 residential condominium association that does not include
1205 timeshare units or timeshare interests, co-owners of a unit may
1206 not serve as members of the board of directors at the same time
1207 unless they own more than one unit or unless there are not
1208 enough eligible candidates to fill the vacancies on the board at
1209 the time of the vacancy. A unit owner in a residential
1210 condominium desiring to be a candidate for board membership must
1211 comply with sub-subparagraph 4.a. and must be eligible to be a
1212 candidate to serve on the board of directors at the time of the
1213 deadline for submitting a notice of intent to run in order to
1214 have his or her name listed as a proper candidate on the ballot
1215 or to serve on the board. A person who has been suspended or
1216 removed by the division under this chapter, or who is delinquent
1217 in the payment of any assessment due to the association, is not
1218 eligible to be a candidate for board membership and may not be
1219 listed on the ballot. For purposes of this paragraph, a person
1220 is delinquent if a payment is not made by the due date as
1221 specifically identified in the declaration of condominium,
1222 bylaws, or articles of incorporation. If a due date is not
1223 specifically identified in the declaration of condominium,
1224 bylaws, or articles of incorporation, the due date is the first
1225 day of the assessment period. A person who has been convicted of
1226 any felony in this state or in a United States District or
1227 Territorial Court, or who has been convicted of any offense in
1228 another jurisdiction which would be considered a felony if
1229 committed in this state, is not eligible for board membership
1230 unless such felon’s civil rights have been restored for at least
1231 5 years as of the date such person seeks election to the board.
1232 The validity of an action by the board is not affected if it is
1233 later determined that a board member is ineligible for board
1234 membership due to having been convicted of a felony. This
1235 subparagraph does not limit the term of a member of the board of
1236 a nonresidential or timeshare condominium.
1237 4.3. The bylaws must provide the method of calling meetings
1238 of unit owners, including annual meetings. Written notice of an
1239 annual meeting must include an agenda; be mailed, hand
1240 delivered, or electronically transmitted to each unit owner at
1241 least 14 days before the annual meeting; and be posted in a
1242 conspicuous place on the condominium property or association
1243 property at least 14 continuous days before the annual meeting.
1244 Written notice of a meeting other than an annual meeting must
1245 include an agenda; be mailed, hand delivered, or electronically
1246 transmitted to each unit owner; and be posted in a conspicuous
1247 place on the condominium property or association property within
1248 the timeframe specified in the bylaws. If the bylaws do not
1249 specify a timeframe for written notice of a meeting other than
1250 an annual meeting, notice must be provided at least 14
1251 continuous days before the meeting. Upon notice to the unit
1252 owners, the board shall, by duly adopted rule, designate a
1253 specific location on the condominium property or association
1254 property at which all notices of unit owner meetings must be
1255 posted. This requirement does not apply if there is no
1256 condominium property for posting notices. In lieu of, or in In
1257 addition to, the physical posting of meeting notices, the
1258 association may, by reasonable rule, adopt a procedure for
1259 conspicuously posting and repeatedly broadcasting the notice and
1260 the agenda on a closed-circuit cable television system serving
1261 the condominium association. However, if broadcast notice is
1262 used in lieu of a notice posted physically on the condominium
1263 property, the notice and agenda must be broadcast at least four
1264 times every broadcast hour of each day that a posted notice is
1265 otherwise required under this section. If broadcast notice is
1266 provided, the notice and agenda must be broadcast in a manner
1267 and for a sufficient continuous length of time so as to allow an
1268 average reader to observe the notice and read and comprehend the
1269 entire content of the notice and the agenda. In addition to any
1270 of the authorized means of providing notice of a meeting of the
1271 board, the association may, by rule, adopt a procedure for
1272 conspicuously posting the meeting notice and the agenda on a
1273 website serving the condominium association for at least the
1274 minimum period of time for which a notice of a meeting is also
1275 required to be physically posted on the condominium property.
1276 Any rule adopted shall, in addition to other matters, include a
1277 requirement that the association send an electronic notice in
1278 the same manner as a notice for a meeting of the members, which
1279 must include a hyperlink to the website at which the notice is
1280 posted, to unit owners whose e-mail addresses are included in
1281 the association’s official records. Unless a unit owner waives
1282 in writing the right to receive notice of the annual meeting,
1283 such notice must be hand delivered, mailed, or electronically
1284 transmitted to each unit owner. Notice for meetings and notice
1285 for all other purposes must be mailed to each unit owner at the
1286 address last furnished to the association by the unit owner, or
1287 hand delivered to each unit owner. However, if a unit is owned
1288 by more than one person, the association must provide notice to
1289 the address that the developer identifies for that purpose and
1290 thereafter as one or more of the owners of the unit advise the
1291 association in writing, or if no address is given or the owners
1292 of the unit do not agree, to the address provided on the deed of
1293 record. An officer of the association, or the manager or other
1294 person providing notice of the association meeting, must provide
1295 an affidavit or United States Postal Service certificate of
1296 mailing, to be included in the official records of the
1297 association affirming that the notice was mailed or hand
1298 delivered in accordance with this provision.
1299 5.4. The members of the board of a residential condominium
1300 shall be elected by written ballot or voting machine. Proxies
1301 may not be used in electing the board in general elections or
1302 elections to fill vacancies caused by recall, resignation, or
1303 otherwise, unless otherwise provided in this chapter. This
1304 subparagraph does not apply to an association governing a
1305 timeshare condominium.
1306 a. At least 60 days before a scheduled election, the
1307 association shall mail, deliver, or electronically transmit, by
1308 separate association mailing or included in another association
1309 mailing, delivery, or transmission, including regularly
1310 published newsletters, to each unit owner entitled to a vote, a
1311 first notice of the date of the election. A unit owner or other
1312 eligible person desiring to be a candidate for the board must
1313 give written notice of his or her intent to be a candidate to
1314 the association at least 40 days before a scheduled election.
1315 Together with the written notice and agenda as set forth in
1316 subparagraph 3., the association shall mail, deliver, or
1317 electronically transmit a second notice of the election to all
1318 unit owners entitled to vote, together with a ballot that lists
1319 all candidates not less than 14 days or more than 34 days before
1320 the date of the election. Upon request of a candidate, an
1321 information sheet, no larger than 8 1/2 inches by 11 inches,
1322 which must be furnished by the candidate at least 35 days before
1323 the election, must be included with the mailing, delivery, or
1324 transmission of the ballot, with the costs of mailing, delivery,
1325 or electronic transmission and copying to be borne by the
1326 association. The association is not liable for the contents of
1327 the information sheets prepared by the candidates. In order to
1328 reduce costs, the association may print or duplicate the
1329 information sheets on both sides of the paper. The division
1330 shall by rule establish voting procedures consistent with this
1331 sub-subparagraph, including rules establishing procedures for
1332 giving notice by electronic transmission and rules providing for
1333 the secrecy of ballots. Elections shall be decided by a
1334 plurality of ballots cast. There is no quorum requirement;
1335 however, at least 20 percent of the eligible voters must cast a
1336 ballot in order to have a valid election. A unit owner may not
1337 authorize any other person to vote his or her ballot, and any
1338 ballots improperly cast are invalid. A unit owner who violates
1339 this provision may be fined by the association in accordance
1340 with s. 718.303. A unit owner who needs assistance in casting
1341 the ballot for the reasons stated in s. 101.051 may obtain such
1342 assistance. The regular election must occur on the date of the
1343 annual meeting. Notwithstanding this sub-subparagraph, an
1344 election is not required unless more candidates file notices of
1345 intent to run or are nominated than board vacancies exist.
1346 b. A director of a board of an association of a residential
1347 condominium shall:
1348 (I) Certify in writing to the secretary of the association
1349 that he or she has read the association’s declaration of
1350 condominium, articles of incorporation, bylaws, and current
1351 written policies; that he or she will work to uphold such
1352 documents and policies to the best of his or her ability; and
1353 that he or she will faithfully discharge his or her fiduciary
1354 responsibility to the association’s members.
1355 (II) Submit to the secretary of the association a
1356 certificate of having satisfactorily completed the educational
1357 curriculum administered by the division or a division-approved
1358 condominium education provider. The educational curriculum must
1359 be at least 4 hours long and include instruction on milestone
1360 inspections, structural integrity reserve studies, elections,
1361 recordkeeping, financial literacy and transparency, levying of
1362 fines, and notice and meeting requirements.
1363
1364 Each newly elected or appointed director must submit to the
1365 secretary of the association the written certification and
1366 educational certificate within 1 year before being elected or
1367 appointed or 90 days after the date of election or appointment.
1368 A director of an association of a residential condominium who
1369 was elected or appointed before July 1, 2024, must comply with
1370 the written certification and educational certificate
1371 requirements in this sub-subparagraph by June 30, 2025. The
1372 written certification and educational certificate is valid for 7
1373 years after the date of issuance and does not have to be
1374 resubmitted as long as the director serves on the board without
1375 interruption during the 7-year period. A director who is
1376 appointed by the developer may satisfy the educational
1377 certificate requirement in sub-sub-subparagraph (II) for any
1378 subsequent appointment to a board by a developer within 7 years
1379 after the date of issuance of the most recent educational
1380 certificate, including any interruption of service on a board or
1381 appointment to a board in another association within that 7-year
1382 period. One year after submission of the most recent written
1383 certification and educational certificate, and annually
1384 thereafter, a director of an association of a residential
1385 condominium must submit to the secretary of the association a
1386 certificate of having satisfactorily completed at least 1 hour
1387 of continuing education administered by the division, or a
1388 division-approved condominium education provider, relating to
1389 any recent changes to this chapter and the related
1390 administrative rules during the past year. A director of an
1391 association of a residential condominium who fails to timely
1392 file the written certification and educational certificate is
1393 suspended from service on the board until he or she complies
1394 with this sub-subparagraph. The board may temporarily fill the
1395 vacancy during the period of suspension. The secretary shall
1396 cause the association to retain a director’s written
1397 certification and educational certificate for inspection by the
1398 members for 7 years after a director’s election or the duration
1399 of the director’s uninterrupted tenure, whichever is longer.
1400 Failure to have such written certification and educational
1401 certificate on file does not affect the validity of any board
1402 action.
1403 c. Any challenge to the election process must be commenced
1404 within 60 days after the election results are announced.
1405 6.5. Any approval by unit owners called for by this chapter
1406 or the applicable declaration or bylaws, including, but not
1407 limited to, the approval requirement in s. 718.111(8), must be
1408 made at a duly noticed meeting of unit owners and is subject to
1409 all requirements of this chapter or the applicable condominium
1410 documents relating to unit owner decisionmaking, except that
1411 unit owners may take action by written agreement, without
1412 meetings, on matters for which action by written agreement
1413 without meetings is expressly allowed by the applicable bylaws
1414 or declaration or any law that provides for such action.
1415 7.6. Unit owners may waive notice of specific meetings if
1416 allowed by the applicable bylaws or declaration or any law.
1417 Notice of meetings of the board of administration; unit owner
1418 meetings, except unit owner meetings called to recall board
1419 members under paragraph (l); and committee meetings may be given
1420 by electronic transmission to unit owners who consent to receive
1421 notice by electronic transmission. A unit owner who consents to
1422 receiving notices by electronic transmission is solely
1423 responsible for removing or bypassing filters that block receipt
1424 of mass e-mails sent to members on behalf of the association in
1425 the course of giving electronic notices.
1426 8.7. Unit owners have the right to participate in meetings
1427 of unit owners with reference to all designated agenda items.
1428 However, the association may adopt reasonable rules governing
1429 the frequency, duration, and manner of unit owner participation.
1430 9.8. A unit owner may tape record or videotape a meeting of
1431 the unit owners subject to reasonable rules adopted by the
1432 division.
1433 10.9. Unless otherwise provided in the bylaws, any vacancy
1434 occurring on the board before the expiration of a term may be
1435 filled by the affirmative vote of the majority of the remaining
1436 directors, even if the remaining directors constitute less than
1437 a quorum, or by the sole remaining director. In the alternative,
1438 a board may hold an election to fill the vacancy, in which case
1439 the election procedures must conform to sub-subparagraph 4.a.
1440 unless the association governs 10 units or fewer and has opted
1441 out of the statutory election process, in which case the bylaws
1442 of the association control. Unless otherwise provided in the
1443 bylaws, a board member appointed or elected under this section
1444 shall fill the vacancy for the unexpired term of the seat being
1445 filled. Filling vacancies created by recall is governed by
1446 paragraph (l) and rules adopted by the division.
1447 11.10. This chapter does not limit the use of general or
1448 limited proxies, require the use of general or limited proxies,
1449 or require the use of a written ballot or voting machine for any
1450 agenda item or election at any meeting of a timeshare
1451 condominium association or nonresidential condominium
1452 association.
1453
1454 Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
1455 association of 10 or fewer units may, by affirmative vote of a
1456 majority of the total voting interests, provide for different
1457 voting and election procedures in its bylaws, which may be by a
1458 proxy specifically delineating the different voting and election
1459 procedures. The different voting and election procedures may
1460 provide for elections to be conducted by limited or general
1461 proxy.
1462 (e) Budget meeting.—
1463 1. Any meeting at which a proposed annual budget of an
1464 association will be considered by the board or unit owners shall
1465 be open to all unit owners. A meeting of the board or unit
1466 owners at which a proposed annual association budget will be
1467 considered may be conducted by video conference. The division
1468 shall adopt rules pursuant to ss. 120.536 and 120.54 governing
1469 the requirements for such meetings. A sound transmitting device
1470 must be used so that the conversation of such members may be
1471 heard by the board or committee members attending in person, as
1472 well as any unit owners present at the meeting. At least 14 days
1473 before prior to such a meeting, the board shall hand deliver to
1474 each unit owner, mail to each unit owner at the address last
1475 furnished to the association by the unit owner, or
1476 electronically transmit to the location furnished by the unit
1477 owner for that purpose a notice of such meeting and a copy of
1478 the proposed annual budget. An officer or manager of the
1479 association, or other person providing notice of such meeting,
1480 shall execute an affidavit evidencing compliance with such
1481 notice requirement, and such affidavit shall be filed among the
1482 official records of the association.
1483 2.a. If a board proposes adopts in any fiscal year an
1484 annual budget which requires assessments against unit owners
1485 which exceed 115 percent of assessments for the preceding fiscal
1486 year, the board shall simultaneously propose a substitute budget
1487 that does not include any discretionary expenditures that are
1488 not required to be in the budget. The substitute budget must be
1489 proposed at the budget meeting before the conduct a special
1490 meeting of the unit owners to consider a substitute budget if
1491 the board receives, within 21 days after adoption of the annual
1492 budget, a written request for a special meeting from at least 10
1493 percent of all voting interests. The special meeting shall be
1494 conducted within 60 days after adoption of the annual budget. At
1495 least 14 days before such budget meeting in which a substitute
1496 budget will be proposed prior to such special meeting, the board
1497 shall hand deliver to each unit owner, or mail to each unit
1498 owner at the address last furnished to the association, a notice
1499 of the meeting. An officer or manager of the association, or
1500 other person providing notice of such meeting shall execute an
1501 affidavit evidencing compliance with this notice requirement,
1502 and such affidavit shall be filed among the official records of
1503 the association. Unit owners must may consider and may adopt a
1504 substitute budget at the special meeting. A substitute budget is
1505 adopted if approved by a majority of all voting interests unless
1506 the bylaws require adoption by a greater percentage of voting
1507 interests. If there is not a quorum at the special meeting or a
1508 substitute budget is not adopted, the annual budget previously
1509 initially proposed adopted by the board may be adopted shall
1510 take effect as scheduled.
1511 b. Any determination of whether assessments exceed 115
1512 percent of assessments for the prior fiscal year shall exclude
1513 any authorized provision for required reasonable reserves for
1514 repair or replacement of the condominium property, anticipated
1515 expenses of the association which the board does not expect to
1516 be incurred on a regular or annual basis for the repair,
1517 maintenance, or replacement of the items listed in paragraph
1518 (g), and insurance premiums, or assessments for betterments to
1519 the condominium property.
1520 c. If the developer controls the board, assessments may
1521 shall not exceed 115 percent of assessments for the prior fiscal
1522 year unless approved by a majority of all voting interests.
1523 (f) Annual budget.—
1524 1. The proposed annual budget of estimated revenues and
1525 expenses must be detailed and must show the amounts budgeted by
1526 accounts and expense classifications, including, at a minimum,
1527 any applicable expenses listed in s. 718.504(21). The board
1528 shall adopt the annual budget at least 14 days before the start
1529 of the association’s fiscal year. In the event that the board
1530 fails to timely adopt the annual budget a second time, it is
1531 deemed a minor violation and the prior year’s budget shall
1532 continue in effect until a new budget is adopted. A
1533 multicondominium association must adopt a separate budget of
1534 common expenses for each condominium the association operates
1535 and must adopt a separate budget of common expenses for the
1536 association. In addition, if the association maintains limited
1537 common elements with the cost to be shared only by those
1538 entitled to use the limited common elements as provided for in
1539 s. 718.113(1), the budget or a schedule attached to it must show
1540 the amount budgeted for this maintenance. If, after turnover of
1541 control of the association to the unit owners, any of the
1542 expenses listed in s. 718.504(21) are not applicable, they do
1543 not need to be listed.
1544 2.a. In addition to annual operating expenses, the budget
1545 must include reserve accounts for capital expenditures and
1546 deferred maintenance. These accounts must include, but are not
1547 limited to, roof replacement, building painting, and pavement
1548 resurfacing, regardless of the amount of deferred maintenance
1549 expense or replacement cost, and any other item that has a
1550 deferred maintenance expense or replacement cost that exceeds
1551 $25,000 or the inflation-adjusted amount determined by the
1552 division under subparagraph 6., whichever is greater $10,000.
1553 The amount to be reserved must be computed using a formula based
1554 upon estimated remaining useful life and estimated replacement
1555 cost or deferred maintenance expense of the reserve item. In a
1556 budget adopted by an association that is required to obtain a
1557 structural integrity reserve study, reserves must be maintained
1558 for the items identified in paragraph (g) for which the
1559 association is responsible pursuant to the declaration of
1560 condominium, and the reserve amount for such items must be based
1561 on the findings and recommendations of the association’s most
1562 recent structural integrity reserve study. If an association
1563 votes to terminate the condominium in accordance with s.
1564 718.117, the members may vote to waive the maintenance of
1565 reserves recommended by the association’s most recent structural
1566 integrity reserve study. With respect to items for which an
1567 estimate of useful life is not readily ascertainable or with an
1568 estimated remaining useful life of greater than 25 years, an
1569 association is not required to reserve replacement costs for
1570 such items, but an association must reserve the amount of
1571 deferred maintenance expense, if any, which is recommended by
1572 the structural integrity reserve study for such items. The
1573 association may adjust replacement reserve assessments annually
1574 to take into account an inflation adjustment and any changes in
1575 estimates or extension of the useful life of a reserve item
1576 caused by deferred maintenance.
1577 b. The members of a unit-owner-controlled association may
1578 determine, by a majority vote of the total voting interests of
1579 the association, to provide no reserves or less reserves than
1580 required by this subsection. For a budget adopted on or after
1581 December 31, 2024, the members of a unit-owner-controlled
1582 association that must obtain a structural integrity reserve
1583 study may not determine to provide no reserves or less reserves
1584 than required by this subsection for items listed in paragraph
1585 (g), except that members of an association operating a
1586 multicondominium may determine to provide no reserves or less
1587 reserves than required by this subsection if an alternative
1588 funding method has been approved by the division.
1589 c.(I) Reserves for the items listed in paragraph (g) may be
1590 funded by regular assessments, special assessments, lines of
1591 credit, or loans. A special assessment, a line of credit, or a
1592 loan under this sub-subparagraph requires the approval of a
1593 majority vote of the total voting interests of the association.
1594 (II) A unit-owner-controlled association that must have a
1595 structural integrity reserve study may secure a line of credit
1596 or a loan to fund capital expenses required by a milestone
1597 inspection under s. 553.899 or a structural integrity reserve
1598 study. The line of credit or loan must be sufficient to fund the
1599 cumulative amount of any previously waived or unfunded portions
1600 of the reserve funding amount required by this paragraph and the
1601 most recent structural integrity reserve study. Funding from the
1602 line of credit or loan must be immediately available for access
1603 by the board to fund required repair, maintenance, or
1604 replacement expenses without further approval by the members of
1605 the association. A special assessment, a line of credit, or a
1606 loan secured under this sub-subparagraph and related details
1607 must be included in the annual financial statement that is
1608 required under s. 718.111(13) to be delivered to unit owners and
1609 required under s. 718.503 to be provided to prospective
1610 purchasers of a unit.
1611 (III) This sub-subparagraph does not apply to associations
1612 controlled by a developer as defined in s. 718.103, an
1613 association in which the nondeveloper unit owners have been in
1614 control for less than 1 year, or an association controlled by
1615 one or more bulk assignees or bulk buyers as those terms are
1616 defined in s. 718.703.
1617 d. If the local building official, as defined in s.
1618 468.603, determines that the entire condominium building is
1619 uninhabitable due to a natural emergency, as defined in s.
1620 252.34, the board, upon the approval of a majority of its
1621 members, may pause the contribution to its reserves or reduce
1622 reserve funding until the local building official determines
1623 that the condominium building is habitable. Any reserve account
1624 funds held by the association may be expended, pursuant to the
1625 board’s determination, to make the condominium building and its
1626 structures habitable. Upon the determination by the local
1627 building official that the condominium building is habitable,
1628 the association must immediately resume contributing funds to
1629 its reserves.
1630 e. For a budget adopted on or before December 31, 2028, if
1631 the association has completed a milestone inspection pursuant to
1632 s. 553.899 within the previous 2 calendar years, the board, upon
1633 the approval of a majority of the total voting interests of the
1634 association, may temporarily pause, for a period of no more than
1635 two consecutive annual budgets, reserve fund contributions or
1636 reduce the amount of reserve funding for the purpose of funding
1637 repairs recommended by the milestone inspection. This sub
1638 subparagraph does not apply to an association controlled by a
1639 developer as defined in s. 718.103, an association in which the
1640 nondeveloper unit owners have been in control for less than 1
1641 year, or an association controlled by one or more bulk assignees
1642 or bulk buyers as those terms are defined in s. 718.703. An
1643 association that has paused reserve contributions under this
1644 subparagraph must have a structural integrity reserve study
1645 performed before the continuation of reserve contributions in
1646 order to determine the association’s reserve funding needs and
1647 to recommend a reserve funding plan.
1648 f.b. Before turnover of control of an association by a
1649 developer to unit owners other than a developer under s.
1650 718.301, the developer-controlled association may not vote to
1651 waive the reserves or reduce funding of the reserves. If a
1652 meeting of the unit owners has been called to determine whether
1653 to waive or reduce the funding of reserves and no such result is
1654 achieved or a quorum is not attained, the reserves included in
1655 the budget shall go into effect. After the turnover, the
1656 developer may vote its voting interest to waive or reduce the
1657 funding of reserves.
1658 3. Reserve funds and any interest accruing thereon shall
1659 remain in the reserve account or accounts, and may be used only
1660 for authorized reserve expenditures unless their use for other
1661 purposes is approved in advance by a majority vote of all the
1662 total voting interests of the association. Before turnover of
1663 control of an association by a developer to unit owners other
1664 than the developer pursuant to s. 718.301, the developer
1665 controlled association may not vote to use reserves for purposes
1666 other than those for which they were intended. For a budget
1667 adopted on or after December 31, 2024, members of a unit-owner
1668 controlled association that must obtain a structural integrity
1669 reserve study may not vote to use reserve funds, or any interest
1670 accruing thereon, for any other purpose other than the
1671 replacement or deferred maintenance costs of the components
1672 listed in paragraph (g).
1673 4. An association’s reserve accounts may be pooled for two
1674 or more required components. Reserve funding for components
1675 listed in paragraph (g) may only be pooled with other components
1676 listed in paragraph (g). The reserve funding indicated in the
1677 proposed annual budget must be sufficient to ensure that
1678 available funds meet or exceed projected expenses for all
1679 components in the reserve pool based on the reserve funding plan
1680 or schedule of the most recent structural integrity reserve
1681 study. A vote of the members is not required for the board to
1682 change the accounting method for reserves to a pooling
1683 accounting method or a straight-line accounting method.
1684 5.4. The only voting interests that are eligible to vote on
1685 questions that involve waiving or reducing the funding of
1686 reserves, or using existing reserve funds for purposes other
1687 than purposes for which the reserves were intended, are the
1688 voting interests of the units subject to assessment to fund the
1689 reserves in question. Proxy questions relating to waiving or
1690 reducing the funding of reserves or using existing reserve funds
1691 for purposes other than purposes for which the reserves were
1692 intended must contain the following statement in capitalized,
1693 bold letters in a font size larger than any other used on the
1694 face of the proxy ballot:
1695
1696 WAIVING OF RESERVES, IN WHOLE OR IN PART, OR ALLOWING
1697 ALTERNATIVE USES OF EXISTING RESERVES MAY RESULT IN
1698 UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED
1699 SPECIAL ASSESSMENTS REGARDING THOSE ITEMS.
1700
1701 6. The division shall annually adjust for inflation, based
1702 on the Consumer Price Index for All Urban Consumers released in
1703 January of each year, the minimum $25,000 threshold amount for
1704 required reserves. By February 1, 2026, and annually thereafter,
1705 the division must conspicuously post on its website the
1706 inflation-adjusted minimum threshold amount for required
1707 reserves.
1708 (g) Structural integrity reserve study.—
1709 1. A residential condominium association must have a
1710 structural integrity reserve study completed at least every 10
1711 years after the condominium’s creation for each building on the
1712 condominium property that is three habitable stories or higher
1713 in height, as determined by the Florida Building Code, which
1714 includes, at a minimum, a study of the following items as
1715 related to the structural integrity and safety of the building:
1716 a. Roof.
1717 b. Structure, including load-bearing walls and other
1718 primary structural members and primary structural systems as
1719 those terms are defined in s. 627.706.
1720 c. Fireproofing and fire protection systems.
1721 d. Plumbing.
1722 e. Electrical systems.
1723 f. Waterproofing and exterior painting.
1724 g. Windows and exterior doors.
1725 h. Any other item that has a deferred maintenance expense
1726 or replacement cost that exceeds $25,000 or the inflation
1727 adjusted amount determined by the division under subparagraph
1728 (f)6., whichever is greater, $10,000 and the failure to replace
1729 or maintain such item negatively affects the items listed in
1730 sub-subparagraphs a.-g., as determined by the visual inspection
1731 portion of the structural integrity reserve study.
1732 2. A structural integrity reserve study is based on a
1733 visual inspection of the condominium property.
1734 3.a. A structural integrity reserve study may be performed
1735 by any person qualified to perform such study. However,
1736 including the visual inspection portion of the structural
1737 integrity reserve study, must be performed or verified by an
1738 engineer licensed under chapter 471, an architect licensed under
1739 chapter 481, or a person certified as a reserve specialist or
1740 professional reserve analyst by the Community Associations
1741 Institute or the Association of Professional Reserve Analysts.
1742 b. Any design professional as defined in s. 558.002 or any
1743 contractor licensed under chapter 489 who bids to perform a
1744 structural integrity reserve study must disclose in writing to
1745 the association his or her intent to bid on any services related
1746 to any maintenance, repair, or replacement that may be
1747 recommended by the structural integrity reserve study. Any
1748 design professional as defined in s. 558.002 or contractor
1749 licensed under chapter 489 who submits a bid to the association
1750 for performing any services recommended by the structural
1751 integrity reserve study may not have an interest, directly or
1752 indirectly, in the firm or entity providing the association’s
1753 structural integrity reserve study or be a relative of any
1754 person having a direct or indirect interest in such firm, unless
1755 such relationship is disclosed to the association in writing. As
1756 used in this section, the term “relative” means a relative
1757 within the third degree of consanguinity by blood or marriage. A
1758 contract for services is voidable and terminates upon the
1759 association filing a written notice terminating the contract if
1760 the design professional or licensed contractor failed to provide
1761 the written disclosure of the interests or relationships
1762 required under this paragraph. A design professional or licensed
1763 contractor may be subject to discipline under the applicable
1764 practice act for his or her profession for failure to provide
1765 the written disclosure of the interests or relationships
1766 required under this paragraph.
1767 4.a.3. At a minimum, a structural integrity reserve study
1768 must identify each item of the condominium property being
1769 visually inspected, state the estimated remaining useful life
1770 and the estimated replacement cost or deferred maintenance
1771 expense of each item of the condominium property being visually
1772 inspected, and provide a reserve funding plan or schedule with a
1773 recommended annual reserve amount that achieves the estimated
1774 replacement cost or deferred maintenance expense of each item of
1775 condominium property being visually inspected by the end of the
1776 estimated remaining useful life of the item. At a minimum, the
1777 structural integrity reserve study must include a recommendation
1778 for a reserve funding schedule based on a baseline funding plan
1779 that provides a reserve funding goal in which the reserve
1780 funding for each budget year is sufficient to maintain the
1781 reserve cash balance above zero. The study may recommend other
1782 types of reserve funding schedules, provided that each
1783 recommended schedule is sufficient to meet the association’s
1784 maintenance obligation.
1785 b. The structural integrity reserve study may recommend
1786 that reserves do not need to be maintained for any item for
1787 which an estimate of useful life and an estimate of replacement
1788 cost cannot be determined, or the study may recommend a deferred
1789 maintenance expense amount for such item. The structural
1790 integrity reserve study may recommend that reserves for
1791 replacement costs do not need to be maintained for any item with
1792 an estimated remaining useful life of greater than 25 years, but
1793 the study may recommend a deferred maintenance expense amount
1794 for such item. If the structural integrity reserve study
1795 recommends reserves for any item for which reserves are not
1796 required under this paragraph, the amount of the recommended
1797 reserves for such item must be separately identified in the
1798 structural integrity reserve study as an item for which reserves
1799 are not required under this paragraph.
1800 c. The structural integrity reserve study must take into
1801 consideration the funding method or methods used by the
1802 association to fund its maintenance and reserve funding
1803 obligations through regular assessments, special assessments,
1804 lines of credit, or loans. If the structural integrity reserve
1805 study is performed before the association has approved a special
1806 assessment or secured a line of credit or a loan, the structural
1807 integrity reserve study must be updated to reflect the funding
1808 method selected by the association and its effect on the reserve
1809 funding schedule, including any anticipated change in the amount
1810 of regular assessments. The structural integrity reserve study
1811 may be updated to reflect any changes to the useful life of the
1812 reserve items after such items are repaired or replaced, and the
1813 effect such repair or replacement will have on the reserve
1814 funding schedule. The association must obtain an updated
1815 structural integrity reserve study before adopting any budget in
1816 which the reserve funding from regular assessments, special
1817 assessments, lines of credit, or loans do not align with the
1818 funding plan from the most recent version of the structural
1819 integrity reserve study.
1820 5.4. This paragraph does not apply to buildings less than
1821 three stories in height; single-family, two-family, or three
1822 family, or four-family dwellings with three or fewer habitable
1823 stories above ground; any portion or component of a building
1824 that has not been submitted to the condominium form of
1825 ownership; or any portion or component of a building that is
1826 maintained by a party other than the association.
1827 6.5. Before a developer turns over control of an
1828 association to unit owners other than the developer, the
1829 developer must have a turnover inspection report in compliance
1830 with s. 718.301(4)(p) and (q) for each building on the
1831 condominium property that is three stories or higher in height.
1832 7.6. Associations existing on or before July 1, 2022, which
1833 are controlled by unit owners other than the developer, must
1834 have a structural integrity reserve study completed by December
1835 31, 2025 2024, for each building on the condominium property
1836 that is three stories or higher in height. An association that
1837 is required to complete a milestone inspection in accordance
1838 with s. 553.899 on or before December 31, 2026, may complete the
1839 structural integrity reserve study simultaneously with the
1840 milestone inspection. In no event may the structural integrity
1841 reserve study be completed after December 31, 2026.
1842 8.7. If the milestone inspection required by s. 553.899, or
1843 an inspection completed for a similar local requirement, was
1844 performed within the past 5 years and meets the requirements of
1845 this paragraph, such inspection may be used in place of the
1846 visual inspection portion of the structural integrity reserve
1847 study.
1848 9. If the association completes a milestone inspection
1849 required by s. 553.899, or an inspection completed for a similar
1850 local requirement, the association may delay performance of a
1851 required structural integrity reserve study for no more than the
1852 2 consecutive budget years immediately following the milestone
1853 inspection in order to allow the association to focus its
1854 financial resources on completing the repair and maintenance
1855 recommendations of the milestone inspection.
1856 10.8. If the officers or directors of an association
1857 willfully and knowingly fail to complete a structural integrity
1858 reserve study pursuant to this paragraph, such failure is a
1859 breach of an officer’s or a and director’s fiduciary
1860 relationship to the unit owners under s. 718.111(1). An officer
1861 or a director of an association must sign an affidavit
1862 acknowledging receipt of the completed structural integrity
1863 reserve study.
1864 11.9. Within 45 days after receiving the structural
1865 integrity reserve study, the association must distribute a copy
1866 of the study to each unit owner or deliver to each unit owner a
1867 notice that the completed study is available for inspection and
1868 copying upon a written request. Distribution of a copy of the
1869 study or notice must be made by United States mail or personal
1870 delivery to the mailing address, property address, or any other
1871 address of the owner provided to fulfill the association’s
1872 notice requirements under this chapter, or by electronic
1873 transmission to the e-mail address or facsimile number provided
1874 to fulfill the association’s notice requirements to unit owners
1875 who previously consented to receive notice by electronic
1876 transmission.
1877 12.10. Within 45 days after receiving the structural
1878 integrity reserve study, the association must provide the
1879 division with a statement indicating that the study was
1880 completed and that the association provided or made available
1881 such study to each unit owner in accordance with this section.
1882 The statement must be provided to the division in the manner
1883 established by the division using a form posted on the
1884 division’s website.
1885 13. The division shall adopt by rule the form for the
1886 structural integrity reserve study in coordination with the
1887 Florida Building Commission.
1888 Section 9. Paragraphs (d) and (e) of subsection (5) of
1889 section 718.113, Florida Statutes, are amended to read:
1890 718.113 Maintenance; limitation upon improvement; display
1891 of flag; hurricane protection; display of religious
1892 decorations.—
1893 (5) To protect the health, safety, and welfare of the
1894 people of the state and to ensure uniformity and consistency in
1895 the hurricane protections installed by condominium associations
1896 and unit owners, this subsection applies to all residential and
1897 mixed-use condominiums in the state, regardless of when the
1898 condominium is created pursuant to the declaration of
1899 condominium. Each board of administration of a residential
1900 condominium or mixed-use condominium must adopt hurricane
1901 protection specifications for each building within each
1902 condominium operated by the association which may include color,
1903 style, and other factors deemed relevant by the board. All
1904 specifications adopted by the board must comply with the
1905 applicable building code. The installation, maintenance, repair,
1906 replacement, and operation of hurricane protection in accordance
1907 with this subsection is not considered a material alteration or
1908 substantial addition to the common elements or association
1909 property within the meaning of this section.
1910 (d) Unless otherwise provided in the declaration as
1911 originally recorded, or as amended, a unit owner is not
1912 responsible for the cost of any removal or reinstallation of
1913 hurricane protection, including exterior windows, doors, or
1914 other apertures, if its removal is necessary for the
1915 maintenance, repair, or replacement of other condominium
1916 property or association property for which the association is
1917 responsible. The board shall determine if the removal or
1918 reinstallation of hurricane protection must be completed by the
1919 unit owner or the association if the declaration as originally
1920 recorded, or as amended, does not specify who is responsible for
1921 such costs. If such removal or reinstallation is completed by
1922 the association, the costs incurred by the association may not
1923 be charged to the unit owner. If such removal or reinstallation
1924 is completed by the unit owner, the association must reimburse
1925 the unit owner for the cost of the removal or reinstallation or
1926 the association must apply a credit toward future assessments in
1927 the amount of the unit owner’s cost to remove or reinstall the
1928 hurricane protection.
1929 (e) If the removal or reinstallation of hurricane
1930 protection, including exterior windows, doors, or other
1931 apertures, is the responsibility of the unit owner and the
1932 association completes such removal or reinstallation and then
1933 charges the unit owner for such removal or reinstallation, such
1934 charges are enforceable as an assessment and may be collected in
1935 the manner provided under s. 718.116.
1936 Section 10. Paragraph (h) of subsection (1) of section
1937 718.1265, Florida Statutes, is amended to read:
1938 718.1265 Association emergency powers.—
1939 (1) To the extent allowed by law, unless specifically
1940 prohibited by the declaration of condominium, the articles, or
1941 the bylaws of an association, and consistent with s. 617.0830,
1942 the board of administration, in response to damage or injury
1943 caused by or anticipated in connection with an emergency, as
1944 defined in s. 252.34(4), for which a state of emergency is
1945 declared pursuant to s. 252.36 in the locale in which the
1946 condominium is located, may exercise the following powers:
1947 (h) Require the evacuation of the condominium property in
1948 the event of an a mandatory evacuation order in the locale in
1949 which the condominium is located. If a Should any unit owner or
1950 other occupant of a condominium fails or refuses fail or refuse
1951 to evacuate the condominium property or association property for
1952 which where the board has required evacuation, the association
1953 is shall be immune from liability or injury to persons or
1954 property arising from such failure or refusal.
1955 Section 11. Present subsection (6) of section 718.128,
1956 Florida Statutes, is redesignated as subsection (8), a new
1957 subsection (6) and subsection (7) are added to that section, and
1958 subsection (4) of that section is amended, to read:
1959 718.128 Electronic voting.—The association may conduct
1960 elections and other unit owner votes through an Internet-based
1961 online voting system if a unit owner consents, electronically or
1962 in writing, to online voting and if the following requirements
1963 are met:
1964 (4) This section applies to an association that provides
1965 for and authorizes an online voting system pursuant to this
1966 section by a board resolution. If the board authorizes online
1967 voting, the board must honor a unit owner’s request to vote
1968 electronically at all subsequent elections, unless such unit
1969 owner opts out of online voting. The board resolution must
1970 provide that unit owners receive notice of the opportunity to
1971 vote through an online voting system, must establish reasonable
1972 procedures and deadlines for unit owners to consent,
1973 electronically or in writing, to online voting, and must
1974 establish reasonable procedures and deadlines for unit owners to
1975 opt out of online voting after giving consent. Written notice of
1976 a meeting at which the resolution will be considered must be
1977 mailed, delivered, or electronically transmitted to the unit
1978 owners and posted conspicuously on the condominium property or
1979 association property at least 14 days before the meeting.
1980 Evidence of compliance with the 14-day notice requirement must
1981 be made by an affidavit executed by the person providing the
1982 notice and filed with the official records of the association.
1983 (6) If at least 25 percent of the voting interests of a
1984 condominium petition the board to adopt a resolution for
1985 electronic voting for the next scheduled election, the board
1986 must hold a meeting within 21 days after receipt of the petition
1987 to adopt such resolution. The board must receive the petition
1988 within 180 days after the date of the last scheduled annual
1989 meeting.
1990 (7)(a) Unless the association has adopted electronic voting
1991 in accordance with subsections (1)-(6), the association must
1992 designate an e-mail address for receipt of electronically
1993 transmitted ballots. Electronically transmitted ballots must
1994 meet all the requirements of this subsection.
1995 (b) A unit owner may electronically transmit a ballot to
1996 the e-mail address designated by the association without
1997 complying with s. 718.112(2)(d)4. or the rules providing for the
1998 secrecy of ballots adopted by the division. The association must
1999 count completed ballots that are electronically transmitted to
2000 the designated e-mail address, provided the completed ballots
2001 comply with the requirements of this subsection.
2002 (c) A ballot that is electronically transmitted to the
2003 association must include all of the following:
2004 1. A space for the unit owner to type in his or her unit
2005 number.
2006 2. A space for the unit owner to type in his or her first
2007 and last name, which also functions as the signature of the unit
2008 owner for purposes of signing the ballot.
2009 3. The following statement in capitalized letters and in a
2010 font size larger than any other font size used in the e-mail
2011 from the association to the unit owner:
2012
2013 WAIVING THE SECRECY OF YOUR BALLOT IS YOUR CHOICE. YOU
2014 DO NOT HAVE TO WAIVE THE SECRECY OF YOUR BALLOT IN
2015 ORDER TO VOTE. BY TRANSMITTING YOUR COMPLETED BALLOT
2016 THROUGH E-MAIL TO THE ASSOCIATION, YOU WAIVE THE
2017 SECRECY OF YOUR COMPLETED BALLOT. IF YOU DO NOT WISH
2018 TO WAIVE YOUR SECRECY BUT WISH TO PARTICIPATE IN THE
2019 VOTE THAT IS THE SUBJECT OF THIS BALLOT, PLEASE ATTEND
2020 THE IN-PERSON MEETING DURING WHICH THE MATTER WILL BE
2021 VOTED ON.
2022
2023 (d) A unit owner must transmit his or her completed ballot
2024 to the e-mail address designated by the association no later
2025 than the scheduled date and time of the meeting during which the
2026 matter is being voted on.
2027 (e) There is a rebuttable presumption that an association
2028 has reviewed all folders associated with the e-mail address
2029 designated by the association to receive ballots if a board
2030 member, an officer, or an agent of the association, or a manager
2031 licensed under part VIII of chapter 468, provides a sworn
2032 affidavit attesting to such review.
2033 Section 12. Subsection (7) of section 718.203, Florida
2034 Statutes, is amended to read:
2035 718.203 Warranties.—
2036 (7) Residential Condominiums may be covered by an insured
2037 warranty program underwritten by a licensed insurance company
2038 registered in this state, provided that such warranty program
2039 meets the minimum requirements of this chapter; to the degree
2040 that such warranty program does not meet the minimum
2041 requirements of this chapter, such requirements shall apply.
2042 Section 13. Subsection (1) of section 718.301, Florida
2043 Statutes, is amended to read:
2044 718.301 Transfer of association control; claims of defect
2045 by association.—
2046 (1) If unit owners other than the developer own 15 percent
2047 or more of the units in a condominium that will be operated
2048 ultimately by an association, the unit owners other than the
2049 developer are entitled to elect at least one-third of the
2050 members of the board of administration of the association. Unit
2051 owners other than the developer are entitled to elect at least a
2052 majority of the members of the board of administration of an
2053 association, upon the first to occur of any of the following
2054 events:
2055 (a) Three years after 50 percent of the units that will be
2056 operated ultimately by the association have been conveyed to
2057 purchasers;
2058 (b) Three months after 90 percent of the units that will be
2059 operated ultimately by the association have been conveyed to
2060 purchasers;
2061 (c) When all the units that will be operated ultimately by
2062 the association have been completed, some of them have been
2063 conveyed to purchasers, and none of the others are being offered
2064 for sale by the developer in the ordinary course of business;
2065 (d) When some of the units have been conveyed to purchasers
2066 and none of the others are being constructed or offered for sale
2067 by the developer in the ordinary course of business;
2068 (e) When the developer files a petition seeking protection
2069 in bankruptcy;
2070 (f) When a receiver for the developer is appointed by a
2071 circuit court and is not discharged within 30 days after such
2072 appointment, unless the court determines within 30 days after
2073 appointment of the receiver that transfer of control would be
2074 detrimental to the association or its members; or
2075 (g) Seven years after the date of the recording of the
2076 certificate of a surveyor and mapper pursuant to s.
2077 718.104(4)(e) or the recording of an instrument that transfers
2078 title to a unit in the condominium which is not accompanied by a
2079 recorded assignment of developer rights in favor of the grantee
2080 of such unit, whichever occurs first; or, in the case of an
2081 association that may ultimately operate more than one
2082 condominium, 7 years after the date of the recording of the
2083 certificate of a surveyor and mapper pursuant to s.
2084 718.104(4)(e) or the recording of an instrument that transfers
2085 title to a unit which is not accompanied by a recorded
2086 assignment of developer rights in favor of the grantee of such
2087 unit, whichever occurs first, for the first condominium it
2088 operates; or, in the case of an association operating a phase
2089 condominium created pursuant to s. 718.403, 7 years after the
2090 date of the recording of the certificate of a surveyor and
2091 mapper pursuant to s. 718.104(4)(e) or the recording of an
2092 instrument that transfers title to a unit which is not
2093 accompanied by a recorded assignment of developer rights in
2094 favor of the grantee of such unit, whichever occurs first.
2095
2096 The developer is entitled to elect at least one member of the
2097 board of administration of an association as long as the
2098 developer holds for sale in the ordinary course of business at
2099 least 5 percent, in condominiums with fewer than 500 units, and
2100 2 percent, in condominiums with more than 500 units, of the
2101 units in a condominium operated by the association. After the
2102 developer relinquishes control of the association, the developer
2103 may exercise the right to vote any developer-owned units in the
2104 same manner as any other unit owner except for purposes of
2105 reacquiring control of the association or selecting the majority
2106 members of the board of administration. Beginning July 1, 2025,
2107 paragraphs (a), (c), (d), and (g) do not apply to nonresidential
2108 condominiums consisting of 10 or fewer units.
2109 Section 14. Subsection (1) of section 718.302, Florida
2110 Statutes, is amended to read:
2111 718.302 Agreements entered into by the association.—
2112 (1) Any grant or reservation made by a declaration, lease,
2113 or other document, and any contract made by an association
2114 before prior to assumption of control of the association by unit
2115 owners other than the developer, that provides for operation,
2116 maintenance, or management of a condominium association or
2117 property serving the unit owners of a condominium shall be fair
2118 and reasonable, and such grant, reservation, or contract may be
2119 canceled by unit owners other than the developer:
2120 (a) If the association operates only one condominium and
2121 the unit owners other than the developer have assumed control of
2122 the association, or if unit owners other than the developer own
2123 at least not less than 75 percent of the voting interests in the
2124 condominium or own at least 90 percent of the voting interests
2125 if the condominium is a nonresidential condominium consisting of
2126 10 or fewer units, the cancellation must shall be by concurrence
2127 of the owners of at least not less than 75 percent of the voting
2128 interests other than the voting interests owned by the
2129 developer. If a grant, reservation, or contract is so canceled
2130 and the unit owners other than the developer have not assumed
2131 control of the association, the association must shall make a
2132 new contract or otherwise provide for maintenance, management,
2133 or operation in lieu of the canceled obligation, at the
2134 direction of the owners of not less than a majority of the
2135 voting interests in the condominium other than the voting
2136 interests owned by the developer.
2137 (b) If the association operates more than one condominium
2138 and the unit owners other than the developer have not assumed
2139 control of the association, and if unit owners other than the
2140 developer own at least 75 percent of the voting interests in the
2141 condominiums a condominium operated by the association or,
2142 beginning July 1, 2025, own at least 90 percent of the voting
2143 interests if the condominium is a nonresidential condominium
2144 consisting of 10 or fewer units, any grant, reservation, or
2145 contract for maintenance, management, or operation of buildings
2146 containing the units in that condominium or of improvements used
2147 only by unit owners of that condominium may be canceled by
2148 concurrence of the owners of at least 75 percent, or the owners
2149 of at least 90 percent if the condominium is a nonresidential
2150 condominium consisting of 10 or fewer units, of the voting
2151 interests in the condominium other than the voting interests
2152 owned by the developer. A No grant, reservation, or contract for
2153 maintenance, management, or operation of recreational areas or
2154 any other property serving more than one condominium, and
2155 operated by more than one association, may not be canceled
2156 except pursuant to paragraph (d).
2157 (c) If the association operates more than one condominium
2158 and the unit owners other than the developer have assumed
2159 control of the association, the cancellation shall be by
2160 concurrence of the owners of not less than 75 percent of the
2161 total number of voting interests in all condominiums operated by
2162 the association other than the voting interests owned by the
2163 developer.
2164 (d) If the owners of units in a condominium have the right
2165 to use property in common with owners of units in other
2166 condominiums and those condominiums are operated by more than
2167 one association, no grant, reservation, or contract for
2168 maintenance, management, or operation of the property serving
2169 more than one condominium may be canceled until unit owners
2170 other than the developer have assumed control of all of the
2171 associations operating the condominiums that are to be served by
2172 the recreational area or other property, after which
2173 cancellation may be effected by concurrence of the owners of not
2174 less than 75 percent of the total number of voting interests in
2175 those condominiums other than voting interests owned by the
2176 developer.
2177 Section 15. Subsection (4) of section 718.407, Florida
2178 Statutes, is amended to read:
2179 718.407 Condominiums created within a portion of a building
2180 or within a multiple parcel building.—
2181 (4)(a) The association of a condominium subject to this
2182 section may inspect and copy the books and records upon which
2183 the costs for maintaining and operating the shared facilities
2184 are based, and must to receive an annual budget with respect to
2185 such costs.
2186 (b) Within 60 days after the end of each fiscal year, the
2187 owner of a portion of a building that is not subject to the
2188 condominium form of ownership shall provide to the association a
2189 complete financial report of all costs for maintaining and
2190 operating the shared facilities. Such report must include copies
2191 of all receipts and invoices. If such owner fails to provide the
2192 report and copies of the receipts and invoices to the
2193 condominium association within the 60-day period, the division
2194 may impose penalties and otherwise enforce and ensure compliance
2195 with this subsection.
2196 (c) Within 60 days after receipt of the complete financial
2197 report, the association may challenge any apportionment of costs
2198 for the maintenance and operation of the shared facilities. A
2199 challenge under this paragraph is governed by s. 720.311.
2200 Section 16. Subsections (1) and (3) of section 718.501,
2201 Florida Statutes, are amended, and paragraph (d) is added to
2202 subsection (2) of that section, to read:
2203 718.501 Authority, responsibility, and duties of Division
2204 of Florida Condominiums, Timeshares, and Mobile Homes.—
2205 (1) The division may enforce and ensure compliance with
2206 this chapter and rules relating to the development,
2207 construction, sale, lease, ownership, operation, and management
2208 of residential condominium units and complaints related to the
2209 procedural completion of milestone inspections under s. 553.899.
2210 In performing its duties, the division has complete jurisdiction
2211 to investigate complaints and enforce compliance with respect to
2212 associations that are still under developer control or the
2213 control of a bulk assignee or bulk buyer pursuant to part VII of
2214 this chapter and complaints against developers, bulk assignees,
2215 or bulk buyers involving improper turnover or failure to
2216 turnover, pursuant to s. 718.301. However, after turnover has
2217 occurred, the division has jurisdiction to review records and
2218 investigate complaints related only to:
2219 (a)1. Procedural aspects and records relating to financial
2220 issues, including annual financial reporting under s.
2221 718.111(13); assessments for common expenses, fines, and
2222 commingling of reserve and operating funds under s. 718.111(14);
2223 use of debit cards for unintended purposes under s. 718.111(15);
2224 the annual operating budget and the allocation of reserve funds
2225 under s. 718.112(2)(f); financial records under s.
2226 718.111(12)(a)11.; and any other record necessary to determine
2227 the revenues and expenses of the association.
2228 2. Elections, including election and voting requirements
2229 under s. 718.112(2)(b) and (d), recall of board members under s.
2230 718.112(2)(l), electronic voting under s. 718.128, and elections
2231 that occur during an emergency under s. 718.1265(1)(a).
2232 3. The maintenance of and unit owner access to association
2233 records under s. 718.111(12).
2234 4. The procedural aspects of meetings, including unit owner
2235 meetings, quorums, voting requirements, proxies, board of
2236 administration meetings, and budget meetings under s.
2237 718.112(2).
2238 5. The disclosure of conflicts of interest under ss.
2239 718.111(1)(a) and 718.3027, including limitations contained in
2240 s. 718.111(3)(f).
2241 6. The removal of a board director or officer under ss.
2242 718.111(1)(a) and (15) and 718.112(2)(p) and (q).
2243 7. The procedural completion of structural integrity
2244 reserve studies under s. 718.112(2)(g) and the milestone
2245 inspections under s. 553.899.
2246 8. Completion of repairs required by a milestone inspection
2247 under s. 553.899.
2248 9.8. Any written inquiries by unit owners to the
2249 association relating to such matters, including written
2250 inquiries under s. 718.112(2)(a)2.
2251 10. The requirement for associations to maintain an
2252 insurance policy or fidelity bonding for all persons who control
2253 or disperse funds of the association under s. 718.111(11)(h).
2254 11. Board member education requirements under s.
2255 718.112(2)(d)5.b.
2256 12. Reporting requirements for structural integrity reserve
2257 studies under subsection (3) and under s. 718.112(2)(g)12.
2258 (b)1. The division may make necessary public or private
2259 investigations within or outside this state to determine whether
2260 any person has violated this chapter or any rule or order
2261 hereunder, to aid in the enforcement of this chapter, or to aid
2262 in the adoption of rules or forms.
2263 2. The division may submit any official written report,
2264 worksheet, or other related paper, or a duly certified copy
2265 thereof, compiled, prepared, drafted, or otherwise made by and
2266 duly authenticated by a financial examiner or analyst to be
2267 admitted as competent evidence in any hearing in which the
2268 financial examiner or analyst is available for cross-examination
2269 and attests under oath that such documents were prepared as a
2270 result of an examination or inspection conducted pursuant to
2271 this chapter.
2272 (c) The division may require or permit any person to file a
2273 statement in writing, under oath or otherwise, as the division
2274 determines, as to the facts and circumstances concerning a
2275 matter to be investigated.
2276 (d) For the purpose of any investigation under this
2277 chapter, the division director or any officer or employee
2278 designated by the division director may administer oaths or
2279 affirmations, subpoena witnesses and compel their attendance,
2280 take evidence, and require the production of any matter which is
2281 relevant to the investigation, including the existence,
2282 description, nature, custody, condition, and location of any
2283 books, documents, or other tangible things and the identity and
2284 location of persons having knowledge of relevant facts or any
2285 other matter reasonably calculated to lead to the discovery of
2286 material evidence. Upon the failure by a person to obey a
2287 subpoena or to answer questions propounded by the investigating
2288 officer and upon reasonable notice to all affected persons, the
2289 division may apply to the circuit court for an order compelling
2290 compliance.
2291 (e) Notwithstanding any remedies available to unit owners
2292 and associations, if the division has reasonable cause to
2293 believe that a violation of any provision of this chapter or
2294 related rule has occurred, the division may institute
2295 enforcement proceedings in its own name against any developer,
2296 bulk assignee, bulk buyer, association, officer, or member of
2297 the board of administration, or its assignees or agents, as
2298 follows:
2299 1. The division may permit a person whose conduct or
2300 actions may be under investigation to waive formal proceedings
2301 and enter into a consent proceeding whereby orders, rules, or
2302 letters of censure or warning, whether formal or informal, may
2303 be entered against the person.
2304 2. The division may issue an order requiring the developer,
2305 bulk assignee, bulk buyer, association, developer-designated
2306 officer, or developer-designated member of the board of
2307 administration, developer-designated assignees or agents, bulk
2308 assignee-designated assignees or agents, bulk buyer-designated
2309 assignees or agents, community association manager, or community
2310 association management firm to cease and desist from the
2311 unlawful practice and take such affirmative action as in the
2312 judgment of the division carry out the purposes of this chapter.
2313 If the division finds that a developer, bulk assignee, bulk
2314 buyer, association, officer, or member of the board of
2315 administration, or its assignees or agents, is violating or is
2316 about to violate any provision of this chapter, any rule adopted
2317 or order issued by the division, or any written agreement
2318 entered into with the division, and presents an immediate danger
2319 to the public requiring an immediate final order, it may issue
2320 an emergency cease and desist order reciting with particularity
2321 the facts underlying such findings. The emergency cease and
2322 desist order is effective for 90 days. If the division begins
2323 nonemergency cease and desist proceedings, the emergency cease
2324 and desist order remains effective until the conclusion of the
2325 proceedings under ss. 120.569 and 120.57.
2326 3. If a developer, bulk assignee, or bulk buyer fails to
2327 pay any restitution determined by the division to be owed, plus
2328 any accrued interest at the highest rate permitted by law,
2329 within 30 days after expiration of any appellate time period of
2330 a final order requiring payment of restitution or the conclusion
2331 of any appeal thereof, whichever is later, the division must
2332 bring an action in circuit or county court on behalf of any
2333 association, class of unit owners, lessees, or purchasers for
2334 restitution, declaratory relief, injunctive relief, or any other
2335 available remedy. The division may also temporarily revoke its
2336 acceptance of the filing for the developer to which the
2337 restitution relates until payment of restitution is made.
2338 4. The division may petition the court for appointment of a
2339 receiver or conservator. If appointed, the receiver or
2340 conservator may take action to implement the court order to
2341 ensure the performance of the order and to remedy any breach
2342 thereof. In addition to all other means provided by law for the
2343 enforcement of an injunction or temporary restraining order, the
2344 circuit court may impound or sequester the property of a party
2345 defendant, including books, papers, documents, and related
2346 records, and allow the examination and use of the property by
2347 the division and a court-appointed receiver or conservator.
2348 5. The division may apply to the circuit court for an order
2349 of restitution whereby the defendant in an action brought under
2350 subparagraph 4. is ordered to make restitution of those sums
2351 shown by the division to have been obtained by the defendant in
2352 violation of this chapter. At the option of the court, such
2353 restitution is payable to the conservator or receiver appointed
2354 under subparagraph 4. or directly to the persons whose funds or
2355 assets were obtained in violation of this chapter.
2356 6. The division may impose a civil penalty against a
2357 developer, bulk assignee, or bulk buyer, or association, or its
2358 assignee or agent, for any violation of this chapter or related
2359 rule. The division may impose a civil penalty individually
2360 against an officer or board member who willfully and knowingly
2361 violates this chapter, an adopted rule, or a final order of the
2362 division; may order the removal of such individual as an officer
2363 or from the board of administration or as an officer of the
2364 association; and may prohibit such individual from serving as an
2365 officer or on the board of a community association for a period
2366 of time. The term “willfully and knowingly” means that the
2367 division informed the officer or board member that his or her
2368 action or intended action violates this chapter, a rule adopted
2369 under this chapter, or a final order of the division and that
2370 the officer or board member refused to comply with the
2371 requirements of this chapter, a rule adopted under this chapter,
2372 or a final order of the division. The division, before
2373 initiating formal agency action under chapter 120, must afford
2374 the officer or board member an opportunity to voluntarily
2375 comply, and an officer or board member who complies within 10
2376 days is not subject to a civil penalty. A penalty may be imposed
2377 on the basis of each day of continuing violation, but the
2378 penalty for any offense may not exceed $5,000. The division
2379 shall adopt, by rule, penalty guidelines applicable to possible
2380 violations or to categories of violations of this chapter or
2381 rules adopted by the division. The guidelines must specify a
2382 meaningful range of civil penalties for each such violation of
2383 the statute and rules and must be based upon the harm caused by
2384 the violation, upon the repetition of the violation, and upon
2385 such other factors deemed relevant by the division. For example,
2386 the division may consider whether the violations were committed
2387 by a developer, bulk assignee, or bulk buyer, or owner
2388 controlled association, the size of the association, and other
2389 factors. The guidelines must designate the possible mitigating
2390 or aggravating circumstances that justify a departure from the
2391 range of penalties provided by the rules. It is the legislative
2392 intent that minor violations be distinguished from those which
2393 endanger the health, safety, or welfare of the condominium
2394 residents or other persons and that such guidelines provide
2395 reasonable and meaningful notice to the public of likely
2396 penalties that may be imposed for proscribed conduct. This
2397 subsection does not limit the ability of the division to
2398 informally dispose of administrative actions or complaints by
2399 stipulation, agreed settlement, or consent order. All amounts
2400 collected shall be deposited with the Chief Financial Officer to
2401 the credit of the Division of Florida Condominiums, Timeshares,
2402 and Mobile Homes Trust Fund. If a developer, bulk assignee, or
2403 bulk buyer fails to pay the civil penalty and the amount deemed
2404 to be owed to the association, the division shall issue an order
2405 directing that such developer, bulk assignee, or bulk buyer
2406 cease and desist from further operation until such time as the
2407 civil penalty is paid or may pursue enforcement of the penalty
2408 in a court of competent jurisdiction. If an association fails to
2409 pay the civil penalty, the division shall pursue enforcement in
2410 a court of competent jurisdiction, and the order imposing the
2411 civil penalty or the cease and desist order is not effective
2412 until 20 days after the date of such order. Any action commenced
2413 by the division shall be brought in the county in which the
2414 division has its executive offices or in the county in which the
2415 violation occurred.
2416 7. If a unit owner presents the division with proof that
2417 the unit owner has requested access to official records in
2418 writing by certified mail, and that after 10 days the unit owner
2419 again made the same request for access to official records in
2420 writing by certified mail, and that more than 10 days has
2421 elapsed since the second request and the association has still
2422 failed or refused to provide access to official records as
2423 required by this chapter, the division shall issue a subpoena
2424 requiring production of the requested records at the location in
2425 which the records are kept pursuant to s. 718.112. Upon receipt
2426 of the records, the division must provide to the unit owner who
2427 was denied access to such records the produced official records
2428 without charge.
2429 8. In addition to subparagraph 6., the division may seek
2430 the imposition of a civil penalty through the circuit court for
2431 any violation for which the division may issue a notice to show
2432 cause under paragraph (t). The civil penalty shall be at least
2433 $500 but no more than $5,000 for each violation. The court may
2434 also award to the prevailing party court costs and reasonable
2435 attorney fees and, if the division prevails, may also award
2436 reasonable costs of investigation.
2437 9. The division may issue citations and promulgate rules to
2438 provide for citation bases and citation procedures in accordance
2439 with this paragraph.
2440 (f) The division may prepare and disseminate a prospectus
2441 and other information to assist prospective owners, purchasers,
2442 lessees, and developers of residential condominiums in assessing
2443 the rights, privileges, and duties pertaining thereto.
2444 (g) The division may adopt rules to administer and enforce
2445 this chapter.
2446 (h) The division shall establish procedures for providing
2447 notice to an association and the developer, bulk assignee, or
2448 bulk buyer during the period in which the developer, bulk
2449 assignee, or bulk buyer controls the association if the division
2450 is considering the issuance of a declaratory statement with
2451 respect to the declaration of condominium or any related
2452 document governing such condominium community.
2453 (i) The division shall furnish each association that pays
2454 the fees required by paragraph (2)(a) a copy of this chapter, as
2455 amended, and the rules adopted thereto on an annual basis.
2456 (j) The division shall annually provide each association
2457 with a summary of declaratory statements and formal legal
2458 opinions relating to the operations of condominiums which were
2459 rendered by the division during the previous year.
2460 (k) The division shall provide training and educational
2461 programs for condominium association board members and unit
2462 owners. The training may, in the division’s discretion, include
2463 web-based electronic media and live training and seminars in
2464 various locations throughout the state. The division may review
2465 and approve education and training programs for board members
2466 and unit owners offered by providers and shall maintain a
2467 current list of approved programs and providers and make such
2468 list available to board members and unit owners in a reasonable
2469 and cost-effective manner. The division shall provide the
2470 division-approved provider with the template certificate for
2471 issuance directly to the association’s board of directors who
2472 have satisfactorily completed the requirements under s.
2473 718.112(2)(d). The division shall adopt rules to implement this
2474 section.
2475 (l) The division shall maintain a toll-free telephone
2476 number accessible to condominium unit owners.
2477 (m) The division shall develop a program to certify both
2478 volunteer and paid mediators to provide mediation of condominium
2479 disputes. The division shall provide, upon request, a list of
2480 such mediators to any association, unit owner, or other
2481 participant in alternative dispute resolution proceedings under
2482 s. 718.1255 requesting a copy of the list. The division shall
2483 include on the list of volunteer mediators only the names of
2484 persons who have received at least 20 hours of training in
2485 mediation techniques or who have mediated at least 20 disputes.
2486 In order to become initially certified by the division, paid
2487 mediators must be certified by the Supreme Court to mediate
2488 court cases in county or circuit courts. However, the division
2489 may adopt, by rule, additional factors for the certification of
2490 paid mediators, which must be related to experience, education,
2491 or background. Any person initially certified as a paid mediator
2492 by the division must, in order to continue to be certified,
2493 comply with the factors or requirements adopted by rule.
2494 (n) If a complaint is made, the division must conduct its
2495 inquiry with due regard for the interests of the affected
2496 parties. Within 30 days after receipt of a complaint, the
2497 division shall acknowledge the complaint in writing and notify
2498 the complainant whether the complaint is within the jurisdiction
2499 of the division and whether additional information is needed by
2500 the division from the complainant. The division shall conduct
2501 its investigation and, within 90 days after receipt of the
2502 original complaint or of timely requested additional
2503 information, take action upon the complaint. However, the
2504 failure to complete the investigation within 90 days does not
2505 prevent the division from continuing the investigation,
2506 accepting or considering evidence obtained or received after 90
2507 days, or taking administrative action if reasonable cause exists
2508 to believe that a violation of this chapter or a rule has
2509 occurred. If an investigation is not completed within the time
2510 limits established in this paragraph, the division shall, on a
2511 monthly basis, notify the complainant in writing of the status
2512 of the investigation. When reporting its action to the
2513 complainant, the division shall inform the complainant of any
2514 right to a hearing under ss. 120.569 and 120.57. The division
2515 may adopt rules regarding the submission of a complaint against
2516 an association.
2517 (o) Condominium association directors, officers, and
2518 employees; condominium developers; bulk assignees, bulk buyers,
2519 and community association managers; and community association
2520 management firms have an ongoing duty to reasonably cooperate
2521 with the division in any investigation under this section. The
2522 division shall refer to local law enforcement authorities any
2523 person whom the division believes has altered, destroyed,
2524 concealed, or removed any record, document, or thing required to
2525 be kept or maintained by this chapter with the purpose to impair
2526 its verity or availability in the department’s investigation.
2527 The division shall refer to local law enforcement authorities
2528 any person whom the division believes has engaged in fraud,
2529 theft, embezzlement, or other criminal activity or when the
2530 division has cause to believe that fraud, theft, embezzlement,
2531 or other criminal activity has occurred.
2532 (p) The division director or any officer or employee of the
2533 division and the condominium ombudsman or any employee of the
2534 Office of the Condominium Ombudsman may attend and observe any
2535 meeting of the board of administration or any unit owner
2536 meeting, including any meeting of a subcommittee or special
2537 committee, which is open to members of the association for the
2538 purpose of performing the duties of the division or the Office
2539 of the Condominium Ombudsman under this chapter.
2540 (q) The division may:
2541 1. Contract with agencies in this state or other
2542 jurisdictions to perform investigative functions; or
2543 2. Accept grants-in-aid from any source.
2544 (r) The division shall cooperate with similar agencies in
2545 other jurisdictions to establish uniform filing procedures and
2546 forms, public offering statements, advertising standards, and
2547 rules and common administrative practices.
2548 (s) The division shall consider notice to a developer, bulk
2549 assignee, or bulk buyer to be complete when it is delivered to
2550 the address of the developer, bulk assignee, or bulk buyer
2551 currently on file with the division.
2552 (t) In addition to its enforcement authority, the division
2553 may issue a notice to show cause, which must provide for a
2554 hearing, upon written request, in accordance with chapter 120.
2555 (u) If the division receives a complaint regarding access
2556 to official records on the association’s website or through an
2557 application that can be downloaded on a mobile device under s.
2558 718.111(12)(g), the division may request access to the
2559 association’s website or application and investigate. The
2560 division may adopt rules to carry out this paragraph.
2561 (v) The division shall submit to the Governor, the
2562 President of the Senate, the Speaker of the House of
2563 Representatives, and the chairs of the legislative
2564 appropriations committees an annual report that includes, but
2565 need not be limited to, the number of training programs provided
2566 for condominium association board members and unit owners, the
2567 number of complaints received by type, the number and percent of
2568 complaints acknowledged in writing within 30 days and the number
2569 and percent of investigations acted upon within 90 days in
2570 accordance with paragraph (n), and the number of investigations
2571 exceeding the 90-day requirement. The annual report must also
2572 include an evaluation of the division’s core business processes
2573 and make recommendations for improvements, including statutory
2574 changes. After December 31, 2024, the division must include a
2575 list of the associations that have completed the structural
2576 integrity reserve study required under s. 718.112(2)(g). The
2577 report shall be submitted by September 30 following the end of
2578 the fiscal year.
2579 (2)
2580 (d) Each condominium association must create and maintain
2581 an online account with the division, as required in subsection
2582 (3).
2583 (3) On or before October 1, 2025, all condominium
2584 associations must create and maintain an online account with the
2585 division and provide information requested by the division in an
2586 electronic format determined by the division. The division shall
2587 adopt rules to implement this subsection. The division may
2588 require condominium associations to provide such information no
2589 more than once per year, except that the division may require
2590 condominium associations to update the contact information in
2591 paragraph (a) within 30 days after any change. The division
2592 shall provide a condominium association at least a 45-day notice
2593 of any requirement to provide any information after the
2594 condominium association initially creates an online account. The
2595 information that the division may require from condominium
2596 associations is limited to:
2597 (a) Contact information for the association that includes:
2598 1. Name of the association.
2599 2. The physical address of the condominium property.
2600 3. Mailing address and county of the association.
2601 4. E-mail address and telephone number for the association.
2602 5. Name and board title for each member of the
2603 association’s board.
2604 6. Name and contact information of the association’s
2605 community association manager or community association
2606 management firm, if applicable.
2607 7. The hyperlink or website address of the association’s
2608 website, if applicable.
2609 (b) Total number of buildings and for each building in the
2610 association:
2611 1. Total number of stories, including both habitable and
2612 uninhabitable stories.
2613 2. Total number of units.
2614 3. Age of each building based on the certificate of
2615 occupancy.
2616 4. Any construction commenced within the common elements
2617 within the calendar year.
2618 (c) The association’s assessments, including the:
2619 1. Amount of assessment or special assessment by unit type,
2620 including reserves.
2621 2. Purpose of the assessment or special assessment.
2622 3. Name of the financial institution or institutions with
2623 which the association maintains accounts.
2624 (d) A copy of any structural integrity reserve study and
2625 any associated materials requested by the department within 5
2626 business days after such request, in a manner prescribed by the
2627 department.
2628 (a) On or before January 1, 2023, condominium associations
2629 existing on or before July 1, 2022, must provide the following
2630 information to the division in writing, by e-mail, United States
2631 Postal Service, commercial delivery service, or hand delivery,
2632 at a physical address or e-mail address provided by the division
2633 and on a form posted on the division’s website:
2634 1. The number of buildings on the condominium property that
2635 are three stories or higher in height.
2636 2. The total number of units in all such buildings.
2637 3. The addresses of all such buildings.
2638 4. The counties in which all such buildings are located.
2639 (b) The division must compile a list of the number of
2640 buildings on condominium property that are three stories or
2641 higher in height, which is searchable by county, and must post
2642 the list on the division’s website. This list must include all
2643 of the following information:
2644 1. The name of each association with buildings on the
2645 condominium property that are three stories or higher in height.
2646 2. The number of such buildings on each association’s
2647 property.
2648 3. The addresses of all such buildings.
2649 4. The counties in which all such buildings are located.
2650 (c) An association must provide an update in writing to the
2651 division if there are any changes to the information in the list
2652 under paragraph (b) within 6 months after the change.
2653 Section 17. Paragraph (d) of subsection (1) and paragraphs
2654 (d) and (e) of subsection (2) of section 718.503, Florida
2655 Statutes, are amended to read:
2656 718.503 Developer disclosure prior to sale; nondeveloper
2657 unit owner disclosure prior to sale; voidability.—
2658 (1) DEVELOPER DISCLOSURE.—
2659 (d) Milestone inspection, turnover inspection report, or
2660 structural integrity reserve study.—If the association is
2661 required to have completed a milestone inspection as described
2662 in s. 553.899, a turnover inspection report for a turnover
2663 inspection performed on or after July 1, 2023, or a structural
2664 integrity reserve study, and the association has not completed
2665 the milestone inspection, the turnover inspection report, or the
2666 structural integrity reserve study, each contract entered into
2667 after December 31, 2024, for the sale of a residential unit
2668 shall contain in conspicuous type a statement indicating that
2669 the association is required to have a milestone inspection, a
2670 turnover inspection report, or a structural integrity reserve
2671 study and has not completed such inspection, report, or study,
2672 as appropriate. If the association is not required to have a
2673 milestone inspection as described in s. 553.899 or a structural
2674 integrity reserve study, each contract entered into after
2675 December 31, 2024, for the sale of a residential unit shall
2676 contain in conspicuous type a statement indicating that the
2677 association is not required to have a milestone inspection or a
2678 structural integrity reserve study, as appropriate. If the
2679 association has completed a milestone inspection as described in
2680 s. 553.899, a turnover inspection report for a turnover
2681 inspection performed on or after July 1, 2023, or a structural
2682 integrity reserve study, each contract entered into after
2683 December 31, 2024, for the sale of a residential unit shall
2684 contain in conspicuous type:
2685 1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
2686 THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
2687 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2688 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
2689 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
2690 718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2691 COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
2692 RESERVE STUDY DESCRIBED IN SECTIONS 718.103(26) AND
2693 718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15
2694 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
2695 PRIOR TO EXECUTION OF THIS CONTRACT; and
2696 2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
2697 BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
2698 CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
2699 HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
2700 BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
2701 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2702 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
2703 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
2704 718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2705 COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
2706 RESERVE STUDY DESCRIBED IN SECTIONS 718.103(26) AND
2707 718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
2708 WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
2709 MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15
2710 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
2711 THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
2712 SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
2713 SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
2714 INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),
2715 FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION’S MOST RECENT
2716 STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
2717 718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF REQUESTED IN
2718 WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT
2719 CLOSING.
2720
2721 A contract that does not conform to the requirements of this
2722 paragraph is voidable at the option of the purchaser before
2723 prior to closing.
2724 (2) NONDEVELOPER DISCLOSURE.—
2725 (d) Each contract entered into after July 1, 1992, for the
2726 resale of a residential unit must shall contain in conspicuous
2727 type either:
2728 1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
2729 THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE DECLARATION
2730 OF CONDOMINIUM, ARTICLES OF INCORPORATION OF THE ASSOCIATION,
2731 BYLAWS AND RULES OF THE ASSOCIATION, A COPY OF THE MOST RECENT
2732 ANNUAL FINANCIAL STATEMENT AND ANNUAL BUDGET, AND FREQUENTLY
2733 ASKED QUESTIONS AND ANSWERS DOCUMENT MORE THAN 7 3 DAYS,
2734 EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE PRIOR
2735 TO EXECUTION OF THIS CONTRACT; or
2736 2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
2737 BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
2738 CANCEL WITHIN 7 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
2739 HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
2740 BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE DECLARATION
2741 OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS AND RULES OF
2742 THE ASSOCIATION, A COPY OF THE MOST RECENT ANNUAL FINANCIAL
2743 STATEMENT AND ANNUAL BUDGET, AND FREQUENTLY ASKED QUESTIONS AND
2744 ANSWERS DOCUMENT IF SO REQUESTED IN WRITING. ANY PURPORTED
2745 WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
2746 MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 7
2747 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
2748 THE BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION,
2749 BYLAWS AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST
2750 RECENT YEAR-END FINANCIAL STATEMENT AND ANNUAL BUDGET
2751 INFORMATION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT
2752 IF REQUESTED IN WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT
2753 SHALL TERMINATE AT CLOSING.
2754
2755 A contract that does not conform to the requirements of this
2756 paragraph is voidable at the option of the purchaser before
2757 prior to closing.
2758 (e) If the association is required to have completed a
2759 milestone inspection as described in s. 553.899, a turnover
2760 inspection report for a turnover inspection performed on or
2761 after July 1, 2023, or a structural integrity reserve study, and
2762 the association has not completed the milestone inspection, the
2763 turnover inspection report, or the structural integrity reserve
2764 study, each contract entered into after December 31, 2024, for
2765 the sale of a residential unit shall contain in conspicuous type
2766 a statement indicating that the association is required to have
2767 a milestone inspection, a turnover inspection report, or a
2768 structural integrity reserve study and has not completed such
2769 inspection, report, or study, as appropriate. If the association
2770 is not required to have a milestone inspection as described in
2771 s. 553.899 or a structural integrity reserve study, each
2772 contract entered into after December 31, 2024, for the sale of a
2773 residential unit shall contain in conspicuous type a statement
2774 indicating that the association is not required to have a
2775 milestone inspection or a structural integrity reserve study, as
2776 appropriate. If the association has completed a milestone
2777 inspection as described in s. 553.899, a turnover inspection
2778 report for a turnover inspection performed on or after July 1,
2779 2023, or a structural integrity reserve study, each contract
2780 entered into after December 31, 2024, for the resale of a
2781 residential unit shall contain in conspicuous type:
2782 1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
2783 THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
2784 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2785 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
2786 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
2787 718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2788 COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
2789 RESERVE STUDY DESCRIBED IN SECTIONS 718.103(26) AND
2790 718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 7 3
2791 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
2792 PRIOR TO EXECUTION OF THIS CONTRACT; and
2793 2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
2794 BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
2795 CANCEL WITHIN 7 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
2796 HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
2797 BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
2798 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
2799 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
2800 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
2801 718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
2802 COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
2803 RESERVE STUDY DESCRIBED IN SECTIONS 718.103(26) AND
2804 718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
2805 WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
2806 MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 7
2807 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
2808 THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
2809 SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
2810 SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
2811 INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),
2812 FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION’S MOST RECENT
2813 STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
2814 718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF REQUESTED IN
2815 WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT
2816 CLOSING.
2817
2818 A contract that does not conform to the requirements of this
2819 paragraph is voidable at the option of the purchaser before
2820 prior to closing.
2821 Section 18. Section 8 of chapter 2024-244, Laws of Florida,
2822 is amended to read:
2823 Section 8. Effective January 1, 2026, paragraph (g) of
2824 subsection (12) of section 718.111, Florida Statutes, as amended
2825 by this act, is amended to read:
2826 718.111 The association.—
2827 (12) OFFICIAL RECORDS.—
2828 (g)1. An association managing a condominium with 25 or more
2829 units which does not contain timeshare units shall post digital
2830 copies of the documents specified in subparagraph 2. on its
2831 website or make such documents available through an application
2832 that can be downloaded on a mobile device. Unless a shorter
2833 period is otherwise required, a document must be made available
2834 on the association’s website or made available for download
2835 through an application on a mobile device within 30 days after
2836 the association receives or creates an official record specified
2837 in subparagraph 2.
2838 a. The association’s website or application must be:
2839 (I) An independent website, application, or web portal
2840 wholly owned and operated by the association; or
2841 (II) A website, application, or web portal operated by a
2842 third-party provider with whom the association owns, leases,
2843 rents, or otherwise obtains the right to operate a web page,
2844 subpage, web portal, collection of subpages or web portals, or
2845 an application which is dedicated to the association’s
2846 activities and on which required notices, records, and documents
2847 may be posted or made available by the association.
2848 b. The association’s website or application must be
2849 accessible through the Internet and must contain a subpage, web
2850 portal, or other protected electronic location that is
2851 inaccessible to the general public and accessible only to unit
2852 owners and employees of the association.
2853 c. Upon a unit owner’s written request, the association
2854 must provide the unit owner with a username and password and
2855 access to the protected sections of the association’s website or
2856 application which contain any notices, records, or documents
2857 that must be electronically provided.
2858 2. A current copy of the following documents must be posted
2859 in digital format on the association’s website or application:
2860 a. The recorded declaration of condominium of each
2861 condominium operated by the association and each amendment to
2862 each declaration.
2863 b. The recorded bylaws of the association and each
2864 amendment to the bylaws.
2865 c. The articles of incorporation of the association, or
2866 other documents creating the association, and each amendment to
2867 the articles of incorporation or other documents. The copy
2868 posted pursuant to this sub-subparagraph must be a copy of the
2869 articles of incorporation filed with the Department of State.
2870 d. The rules of the association.
2871 e. The approved minutes of all board of administration
2872 meetings over the preceding 12 months.
2873 f. The video recording or a hyperlink to the video
2874 recording for all meetings of the association, the board of
2875 administration, any committee, and the unit owners which are
2876 conducted by video conference over the preceding 12 months.
2877 g. A list of all executory contracts or documents to which
2878 the association is a party or under which the association or the
2879 unit owners have an obligation or responsibility and, after
2880 bidding for the related materials, equipment, or services has
2881 closed, a list of bids received by the association within the
2882 past year. Summaries of bids for materials, equipment, or
2883 services which exceed $500 must be maintained on the website or
2884 application for 1 year. In lieu of summaries, complete copies of
2885 the bids may be posted.
2886 h.f. The annual budget required by s. 718.112(2)(f) and any
2887 proposed budget to be considered at the annual meeting.
2888 i.g. The financial report required by subsection (13) and
2889 any monthly income or expense statement to be considered at a
2890 meeting.
2891 j.h. The certification of each director required by s.
2892 718.112(2)(d)4.b.
2893 k.i. All contracts or transactions between the association
2894 and any director, officer, corporation, firm, or association
2895 that is not an affiliated condominium association or any other
2896 entity in which an association director is also a director or
2897 officer and financially interested.
2898 l.j. Any contract or document regarding a conflict of
2899 interest or possible conflict of interest as provided in ss.
2900 468.4335, 468.436(2)(b)6., and 718.3027(3).
2901 m.k. The notice of any unit owner meeting and the agenda
2902 for the meeting, as required by s. 718.112(2)(d)3., no later
2903 than 14 days before the meeting. The notice must be posted in
2904 plain view on the front page of the website or application, or
2905 on a separate subpage of the website or application labeled
2906 “Notices” which is conspicuously visible and linked from the
2907 front page. The association must also post on its website or
2908 application any document to be considered and voted on by the
2909 owners during the meeting or any document listed on the agenda
2910 at least 7 days before the meeting at which the document or the
2911 information within the document will be considered.
2912 n.l. Notice of any board meeting, the agenda, and any other
2913 document required for the meeting as required by s.
2914 718.112(2)(c), which must be posted no later than the date
2915 required for notice under s. 718.112(2)(c).
2916 o.m. The inspection reports described in ss. 553.899 and
2917 718.301(4)(p) and any other inspection report relating to a
2918 structural or life safety inspection of condominium property.
2919 p.n. The association’s most recent structural integrity
2920 reserve study, if applicable.
2921 q.o. Copies of all building permits issued for ongoing or
2922 planned construction.
2923 r. A copy of all affidavits required by this chapter.
2924 3. The association shall ensure that the information and
2925 records described in paragraph (c), which are not allowed to be
2926 accessible to unit owners, are not posted on the association’s
2927 website or application. If protected information or information
2928 restricted from being accessible to unit owners is included in
2929 documents that are required to be posted on the association’s
2930 website or application, the association shall ensure the
2931 information is redacted before posting the documents.
2932 Notwithstanding the foregoing, the association or its agent is
2933 not liable for disclosing information that is protected or
2934 restricted under this paragraph unless such disclosure was made
2935 with a knowing or intentional disregard of the protected or
2936 restricted nature of such information.
2937 4. The failure of the association to post information
2938 required under subparagraph 2. is not in and of itself
2939 sufficient to invalidate any action or decision of the
2940 association’s board or its committees.
2941 Section 19. Section 31 of chapter 2024-244, Laws of
2942 Florida, is amended to read:
2943 Section 31. The amendments made to ss. 718.103(14) and
2944 718.202(3) and 718.407(1), (2), and (6), Florida Statutes, as
2945 created by this act, may not are intended to clarify existing
2946 law and shall apply retroactively and shall only apply to
2947 condominiums for which declarations were initially recorded on
2948 or after October 1, 2024. However, such amendments do not revive
2949 or reinstate any right or interest that has been fully and
2950 finally adjudicated as invalid before October 1, 2024.
2951 Section 20. Subsection (13) is added to section 719.104,
2952 Florida Statutes, to read:
2953 719.104 Cooperatives; access to units; records; financial
2954 reports; assessments; purchase of leases.—
2955 (13) INVESTMENT OF ASSOCIATION FUNDS.—
2956 (a) A board shall, in fulfilling its duty to manage
2957 operating and reserve funds of its association, use best efforts
2958 to make prudent investment decisions that carefully consider
2959 risk and return in an effort to maximize returns on invested
2960 funds.
2961 (b) An association may invest reserve funds in one or any
2962 combination of certificates of deposit or in depository accounts
2963 at a community bank, savings bank, commercial bank, savings and
2964 loan association, or credit union without a vote of the unit
2965 owners.
2966 Section 21. Paragraphs (j) and (k) of subsection (1) of
2967 section 719.106, Florida Statutes, are amended to read:
2968 719.106 Bylaws; cooperative ownership.—
2969 (1) MANDATORY PROVISIONS.—The bylaws or other cooperative
2970 documents shall provide for the following, and if they do not,
2971 they shall be deemed to include the following:
2972 (j) Annual budget.—
2973 1. The proposed annual budget of common expenses must be
2974 detailed and must show the amounts budgeted by accounts and
2975 expense classifications, including, if applicable, but not
2976 limited to, those expenses listed in s. 719.504(20). The board
2977 of administration shall adopt the annual budget at least 14 days
2978 before the start of the association’s fiscal year. In the event
2979 that the board fails to timely adopt the annual budget a second
2980 time, it is deemed a minor violation and the prior year’s budget
2981 shall continue in effect until a new budget is adopted.
2982 2.a. In addition to annual operating expenses, the budget
2983 must include reserve accounts for capital expenditures and
2984 deferred maintenance. These accounts must include, but not be
2985 limited to, roof replacement, building painting, and pavement
2986 resurfacing, regardless of the amount of deferred maintenance
2987 expense or replacement cost, and for any other items for which
2988 the deferred maintenance expense or replacement cost exceeds
2989 $25,000 or the inflation-adjusted amount determined by the
2990 division under subparagraph 6., whichever amount is greater
2991 $10,000. The amount to be reserved must be computed by means of
2992 a formula which is based upon estimated remaining useful life
2993 and estimated replacement cost or deferred maintenance expense
2994 of the reserve item. In a budget adopted by an association that
2995 is required to obtain a structural integrity reserve study,
2996 reserves must be maintained for the items identified in
2997 paragraph (k) for which the association is responsible pursuant
2998 to the declaration, and the reserve amount for such items must
2999 be based on the findings and recommendations of the
3000 association’s most recent structural integrity reserve study.
3001 With respect to items for which an estimate of useful life is
3002 not readily ascertainable or with an estimated remaining useful
3003 life of greater than 25 years, an association is not required to
3004 reserve replacement costs for such items, but an association
3005 must reserve the amount of deferred maintenance expense, if any,
3006 which is recommended by the structural integrity reserve study
3007 for such items. The association may adjust replacement reserve
3008 assessments annually to take into account an inflation
3009 adjustment and any changes in estimates or extension of the
3010 useful life of a reserve item caused by deferred maintenance.
3011 b. The members of a unit-owner-controlled association may
3012 determine, by a majority vote of the total voting interests of
3013 the association, for a fiscal year to provide no reserves or
3014 reserves less adequate than required by this subsection. Before
3015 turnover of control of an association by a developer to unit
3016 owners other than a developer under s. 719.301, the developer
3017 controlled association may not vote to waive the reserves or
3018 reduce funding of the reserves.
3019 c. For a budget adopted on or after December 31, 2024, a
3020 unit-owner-controlled association that must obtain a structural
3021 integrity reserve study may not determine to provide no reserves
3022 or reserves less adequate than required by this paragraph for
3023 items listed in paragraph (k). If a meeting of the unit owners
3024 has been called to determine to provide no reserves, or reserves
3025 less adequate than required, and such result is not attained or
3026 a quorum is not attained, the reserves as included in the budget
3027 shall go into effect.
3028 d. If the local building official as defined in s. 468.603,
3029 determines that the entire cooperative building is uninhabitable
3030 due to a natural emergency as defined in s. 252.34, the board
3031 may pause the contribution to its reserves or reduce reserve
3032 funding until the local building official determines that the
3033 cooperative building is habitable. Any reserve account funds
3034 held by the association may be expended, pursuant to the board’s
3035 determination, to make the cooperative building and its
3036 structures habitable. Upon the determination by the local
3037 building official that the cooperative building is habitable,
3038 the association must immediately resume contributing funds to
3039 its reserves.
3040 3.a.(I) Reserves for the items identified in paragraph (g)
3041 may be funded by regular assessments, special assessments, lines
3042 of credit, or loans. A special assessment, a line of credit, or
3043 a loan under this sub-subparagraph requires the approval of a
3044 majority vote of the total voting interests of the association.
3045 (II) A unit-owner-controlled association that is required
3046 to have a structural reserve study may secure a line of credit
3047 or a loan to fund capital expenses required by a milestone
3048 inspection under s. 553.899 or a structural integrity reserve
3049 study. The lines of credit or loans must be sufficient to fund
3050 the cumulative amount of any previously waived or unfunded
3051 portion of the reserve funding amount required by this paragraph
3052 and the most recent structural integrity reserve study. Funding
3053 from the line of credit or loans must be immediately available
3054 for access by the board to fund required repair, maintenance, or
3055 replacement expenses without further approval by the members of
3056 the association. A special assessment, a line of credit, or a
3057 loan secured under this sub-subparagraph and related details
3058 must be included in the annual financial statement required
3059 under s. 719.104(4) to be delivered to unit owners and required
3060 under s. 718.503 to be provided to prospective purchasers of a
3061 unit.
3062 b. For a budget adopted on or before December 31, 2028, if
3063 the association has completed a milestone inspection pursuant to
3064 s. 553.899 within the previous 2 calendar years, the board, upon
3065 the approval of a majority of the total voting interests of the
3066 association, may temporarily pause, for a period of no more than
3067 two consecutive annual budgets, reserve fund contributions or
3068 reduce the amount of reserve funding for the purpose of funding
3069 repairs recommended by the milestone inspection. This sub
3070 subparagraph does not apply to a developer-controlled
3071 association and an association in which the nondeveloper unit
3072 owners have been in control for less than 1 year. An association
3073 that has paused reserve contributions under this sub
3074 subparagraph must have a structural integrity reserve study
3075 performed before the continuation of reserve contributions in
3076 order to determine the association’s reserve funding needs and
3077 to recommend a reserve funding plan.
3078 4.3. Reserve funds and any interest accruing thereon shall
3079 remain in the reserve account or accounts, and shall be used
3080 only for authorized reserve expenditures unless their use for
3081 other purposes is approved in advance by a vote of the majority
3082 of the total voting interests of the association. Before
3083 turnover of control of an association by a developer to unit
3084 owners other than the developer under s. 719.301, the developer
3085 may not vote to use reserves for purposes other than that for
3086 which they were intended. For a budget adopted on or after
3087 December 31, 2024, members of a unit-owner-controlled
3088 association that must obtain a structural integrity reserve
3089 study may not vote to use reserve funds, or any interest
3090 accruing thereon, for purposes other than the replacement or
3091 deferred maintenance costs of the components listed in paragraph
3092 (k).
3093 5. An association’s reserve accounts may be pooled for two
3094 or more required components. Reserve funding for components
3095 identified in paragraph (g) may only be pooled with other
3096 components identified in paragraph (g). The reserve funding
3097 indicated in the proposed annual budget must be sufficient to
3098 ensure that available funds meet or exceed projected expenses
3099 for all components in the reserve pool based on the reserve
3100 funding plan or schedule of the most recent structural integrity
3101 reserve study. A vote of the members is not required for the
3102 board to change the accounting method for reserves to a pooling
3103 accounting method or a straight-line accounting method.
3104 6. The division shall annually adjust for inflation, based
3105 on the Consumer Price Index for All Urban Consumers released in
3106 January of each year, the minimum $25,000 threshold amount for
3107 required reserves. By February 1, 2026, and annually thereafter,
3108 the division must conspicuously post on its website the
3109 inflation-adjusted minimum threshold amount for required
3110 reserves.
3111 (k) Structural integrity reserve study.—
3112 1. A residential cooperative association must have a
3113 structural integrity reserve study completed at least every 10
3114 years for each building on the cooperative property that is
3115 three habitable stories or higher in height, as determined by
3116 the Florida Building Code, that includes, at a minimum, a study
3117 of the following items as related to the structural integrity
3118 and safety of the building:
3119 a. Roof.
3120 b. Structure, including load-bearing walls and other
3121 primary structural members and primary structural systems as
3122 those terms are defined in s. 627.706.
3123 c. Fireproofing and fire protection systems.
3124 d. Plumbing.
3125 e. Electrical systems.
3126 f. Waterproofing and exterior painting.
3127 g. Windows and exterior doors.
3128 h. Any other item that has a deferred maintenance expense
3129 or replacement cost that exceeds $25,000 or the inflation
3130 adjusted amount determined by the division under subparagraph
3131 (j)6., whichever is greater, $10,000 and the failure to replace
3132 or maintain such item negatively affects the items listed in
3133 sub-subparagraphs a.-g., as determined by the visual inspection
3134 portion of the structural integrity reserve study.
3135 2. A structural integrity reserve study is based on a
3136 visual inspection of the cooperative property.
3137 3.a. A structural integrity reserve study may be performed
3138 by any person qualified to perform such study. However,
3139 including the visual inspection portion of the structural
3140 integrity reserve study, must be performed or verified by an
3141 engineer licensed under chapter 471, an architect licensed under
3142 chapter 481, or a person certified as a reserve specialist or
3143 professional reserve analyst by the Community Associations
3144 Institute or the Association of Professional Reserve Analysts.
3145 b. Any design professional as defined in s. 558.002(7) or
3146 contractor licensed under chapter 489 who bids to perform a
3147 structural integrity reserve study must disclose in writing to
3148 the association his or her intent to bid on any services related
3149 to any maintenance, repair, or replacement that may be
3150 recommended by the structural integrity reserve study. Any
3151 design professional as defined in s. 558.002 or contractor
3152 licensed under chapter 489 who submits a bid to the association
3153 for performing any services recommended by the structural
3154 integrity reserve study may not have an interest, directly or
3155 indirectly, in the firm or entity providing the association’s
3156 structural integrity reserve study or be a relative of any
3157 person having a direct or indirect interest in such firm, unless
3158 such relationship is disclosed to the association in writing. As
3159 used in this section, the term “relative” means a relative
3160 within the third degree of consanguinity by blood or marriage. A
3161 contract for services is voidable and terminates upon the
3162 association filing a written notice terminating the contract if
3163 the design professional or licensed contractor failed to provide
3164 the written disclosure of the relationship required under this
3165 paragraph. A design professional or licensed contractor may be
3166 subject to discipline under the applicable practice act for his
3167 or her profession for failure to provide the written disclosure
3168 of the relationship required under this subparagraph.
3169 4.a.3. At a minimum, a structural integrity reserve study
3170 must identify each item of the cooperative property being
3171 visually inspected, state the estimated remaining useful life
3172 and the estimated replacement cost or deferred maintenance
3173 expense of each item of the cooperative property being visually
3174 inspected, and provide a reserve funding schedule with a
3175 recommended annual reserve amount that achieves the estimated
3176 replacement cost or deferred maintenance expense of each item of
3177 cooperative property being visually inspected by the end of the
3178 estimated remaining useful life of the item. The structural
3179 integrity reserve study may recommend that reserves do not need
3180 to be maintained for any item for which an estimate of useful
3181 life and an estimate of replacement cost cannot be determined,
3182 or the study may recommend a deferred maintenance expense amount
3183 for such item. At a minimum, the structural integrity reserve
3184 study must include a recommendation for a reserve funding
3185 schedule based on a baseline funding plan that provides a
3186 reserve funding goal in which the reserve funding for each
3187 budget year is sufficient to maintain the reserve cash balance
3188 above zero. The study may recommend other types of reserve
3189 funding schedules, provided that each recommended schedule is
3190 sufficient to meet the association’s maintenance obligation.
3191 b. The structural integrity reserve study may recommend
3192 that reserves for replacement costs do not need to be maintained
3193 for any item with an estimated remaining useful life of greater
3194 than 25 years, but the study may recommend a deferred
3195 maintenance expense amount for such item. If the structural
3196 integrity reserve study recommends reserves for any item for
3197 which reserves are not required under this paragraph, the amount
3198 of the recommended reserves for such item must be separately
3199 identified in the structural integrity reserve study as an item
3200 for which reserves are not required under this paragraph.
3201 c. The structural integrity reserve study must take into
3202 consideration the funding method or methods used by the
3203 association to fund its maintenance and reserve funding
3204 obligations through regular assessments, special assessments,
3205 lines of credit, or loans. If the structural integrity reserve
3206 study is performed before the association has approved a special
3207 assessment or secured a line of credit or a loan, the structural
3208 integrity reserve study must be updated to reflect the funding
3209 method selected by the association and its effect on the reserve
3210 funding schedule, including any anticipated change in the amount
3211 of regular assessments. The structural integrity reserve study
3212 may be updated to reflect any changes to the useful life of the
3213 reserve items after such items are repaired or replaced, and the
3214 effect such repair or replacement will have on the reserve
3215 funding schedule. The association must obtain an updated
3216 structural integrity reserve study before adopting any budget in
3217 which the reserve funding from regular assessments, special
3218 assessments, lines of credit, or loans do not align with the
3219 funding plan from the most recent version of the structural
3220 integrity reserve study.
3221 5.4. This paragraph does not apply to buildings less than
3222 three stories in height; single-family, two-family, or three
3223 family, or four-family dwellings with three or fewer habitable
3224 stories above ground; any portion or component of a building
3225 that has not been submitted to the cooperative form of
3226 ownership; or any portion or component of a building that is
3227 maintained by a party other than the association.
3228 6.5. Before a developer turns over control of an
3229 association to unit owners other than the developer, the
3230 developer must have a turnover inspection report in compliance
3231 with s. 719.301(4)(p) and (q) for each building on the
3232 cooperative property that is three stories or higher in height.
3233 7.6. Associations existing on or before July 1, 2022, which
3234 are controlled by unit owners other than the developer, must
3235 have a structural integrity reserve study completed by December
3236 31, 2024, for each building on the cooperative property that is
3237 three stories or higher in height. An association that is
3238 required to complete a milestone inspection on or before
3239 December 31, 2026, in accordance with s. 553.899 may complete
3240 the structural integrity reserve study simultaneously with the
3241 milestone inspection. In no event may the structural integrity
3242 reserve study be completed after December 31, 2026.
3243 8.7. If the milestone inspection required by s. 553.899, or
3244 an inspection completed for a similar local requirement, was
3245 performed within the past 5 years and meets the requirements of
3246 this paragraph, such inspection may be used in place of the
3247 visual inspection portion of the structural integrity reserve
3248 study.
3249 9. If the association completes a milestone inspection
3250 required by s. 553.899, or an inspection completed for a similar
3251 local requirement, the association may delay performance of a
3252 required structural integrity reserve study for no more than the
3253 2 consecutive budget years immediately following the milestone
3254 inspection in order to allow the association to focus its
3255 financial resources on completing the repair and maintenance
3256 recommendations of the milestone inspection.
3257 10.8. If the officers or directors of an association
3258 willfully and knowingly fail to complete a structural integrity
3259 reserve study pursuant to this paragraph, such failure is a
3260 breach of an officer’s and director’s fiduciary relationship to
3261 the unit owners under s. 719.104(9). An officer or a director of
3262 the association must sign an affidavit acknowledging receipt of
3263 the completed structural integrity reserve study.
3264 11.9. Within 45 days after receiving the structural
3265 integrity reserve study, the association must distribute a copy
3266 of the study to each unit owner or deliver to each unit owner a
3267 notice that the completed study is available for inspection and
3268 copying upon a written request. Distribution of a copy of the
3269 study or notice must be made by United States mail or personal
3270 delivery at the mailing address, property address, or any other
3271 address of the owner provided to fulfill the association’s
3272 notice requirements under this chapter, or by electronic
3273 transmission to the e-mail address or facsimile number provided
3274 to fulfill the association’s notice requirements to unit owners
3275 who previously consented to receive notice by electronic
3276 transmission.
3277 12.10. Within 45 days after receiving the structural
3278 integrity reserve study, the association must provide the
3279 division with a statement indicating that the study was
3280 completed and that the association provided or made available
3281 such study to each unit owner in accordance with this section.
3282 Such statement must be provided to the division in the manner
3283 established by the division using a form posted on the
3284 division’s website.
3285 13. The division shall adopt by rule the form for the
3286 structural integrity reserve study in coordination with the
3287 Florida Building Commission.
3288 Section 22. Paragraph (i) of subsection (1) of section
3289 719.128, Florida Statutes, is amended to read:
3290 719.128 Association emergency powers.—
3291 (1) To the extent allowed by law, unless specifically
3292 prohibited by the cooperative documents, and consistent with s.
3293 617.0830, the board of administration, in response to damage or
3294 injury caused by or anticipated in connection with an emergency,
3295 as defined in s. 252.34(4), for which a state of emergency is
3296 declared pursuant to s. 252.36 in the area encompassed by the
3297 cooperative, may exercise the following powers:
3298 (i) Require the evacuation of the cooperative property in
3299 the event of an a mandatory evacuation order in the area in
3300 which where the cooperative is located or prohibit or restrict
3301 access to the cooperative property in the event of a public
3302 health threat. If a unit owner or other occupant of a
3303 cooperative fails or refuses to evacuate the cooperative
3304 property for which the board has required evacuation, the
3305 association is immune from liability for injury to persons or
3306 property arising from such failure or refusal.
3307 Section 23. Subsection (3) of section 719.501, Florida
3308 Statutes, is amended, paragraph (c) is added to subsection (2)
3309 of that section, and subsection (1) of that section is
3310 reenacted, to read:
3311 719.501 Powers and duties of Division of Florida
3312 Condominiums, Timeshares, and Mobile Homes.—
3313 (1) The Division of Florida Condominiums, Timeshares, and
3314 Mobile Homes of the Department of Business and Professional
3315 Regulation, referred to as the “division” in this part, in
3316 addition to other powers and duties prescribed by chapter 718,
3317 has the power to enforce and ensure compliance with this chapter
3318 and adopted rules relating to the development, construction,
3319 sale, lease, ownership, operation, and management of residential
3320 cooperative units; complaints related to the procedural
3321 completion of the structural integrity reserve studies under s.
3322 719.106(1)(k); and complaints related to the procedural
3323 completion of milestone inspections under s. 553.899. In
3324 performing its duties, the division shall have the following
3325 powers and duties:
3326 (a) The division may make necessary public or private
3327 investigations within or outside this state to determine whether
3328 any person has violated this chapter or any rule or order
3329 hereunder, to aid in the enforcement of this chapter, or to aid
3330 in the adoption of rules or forms hereunder.
3331 (b) The division may require or permit any person to file a
3332 statement in writing, under oath or otherwise, as the division
3333 determines, as to the facts and circumstances concerning a
3334 matter to be investigated.
3335 (c) For the purpose of any investigation under this
3336 chapter, the division director or any officer or employee
3337 designated by the division director may administer oaths or
3338 affirmations, subpoena witnesses and compel their attendance,
3339 take evidence, and require the production of any matter which is
3340 relevant to the investigation, including the existence,
3341 description, nature, custody, condition, and location of any
3342 books, documents, or other tangible things and the identity and
3343 location of persons having knowledge of relevant facts or any
3344 other matter reasonably calculated to lead to the discovery of
3345 material evidence. Upon failure by a person to obey a subpoena
3346 or to answer questions propounded by the investigating officer
3347 and upon reasonable notice to all persons affected thereby, the
3348 division may apply to the circuit court for an order compelling
3349 compliance.
3350 (d) Notwithstanding any remedies available to unit owners
3351 and associations, if the division has reasonable cause to
3352 believe that a violation of any provision of this chapter or
3353 related rule has occurred, the division may institute
3354 enforcement proceedings in its own name against a developer,
3355 association, officer, or member of the board, or its assignees
3356 or agents, as follows:
3357 1. The division may permit a person whose conduct or
3358 actions may be under investigation to waive formal proceedings
3359 and enter into a consent proceeding whereby orders, rules, or
3360 letters of censure or warning, whether formal or informal, may
3361 be entered against the person.
3362 2. The division may issue an order requiring the developer,
3363 association, officer, or member of the board, or its assignees
3364 or agents, to cease and desist from the unlawful practice and
3365 take such affirmative action as in the judgment of the division
3366 will carry out the purposes of this chapter. Such affirmative
3367 action may include, but is not limited to, an order requiring a
3368 developer to pay moneys determined to be owed to a condominium
3369 association.
3370 3. The division may bring an action in circuit court on
3371 behalf of a class of unit owners, lessees, or purchasers for
3372 declaratory relief, injunctive relief, or restitution.
3373 4. The division may impose a civil penalty against a
3374 developer or association, or its assignees or agents, for any
3375 violation of this chapter or related rule. The division may
3376 impose a civil penalty individually against any officer or board
3377 member who willfully and knowingly violates a provision of this
3378 chapter, a rule adopted pursuant to this chapter, or a final
3379 order of the division. The term “willfully and knowingly” means
3380 that the division informed the officer or board member that his
3381 or her action or intended action violates this chapter, a rule
3382 adopted under this chapter, or a final order of the division,
3383 and that the officer or board member refused to comply with the
3384 requirements of this chapter, a rule adopted under this chapter,
3385 or a final order of the division. The division, prior to
3386 initiating formal agency action under chapter 120, shall afford
3387 the officer or board member an opportunity to voluntarily comply
3388 with this chapter, a rule adopted under this chapter, or a final
3389 order of the division. An officer or board member who complies
3390 within 10 days is not subject to a civil penalty. A penalty may
3391 be imposed on the basis of each day of continuing violation, but
3392 in no event shall the penalty for any offense exceed $5,000. The
3393 division shall adopt, by rule, penalty guidelines applicable to
3394 possible violations or to categories of violations of this
3395 chapter or rules adopted by the division. The guidelines must
3396 specify a meaningful range of civil penalties for each such
3397 violation of the statute and rules and must be based upon the
3398 harm caused by the violation, upon the repetition of the
3399 violation, and upon such other factors deemed relevant by the
3400 division. For example, the division may consider whether the
3401 violations were committed by a developer or owner-controlled
3402 association, the size of the association, and other factors. The
3403 guidelines must designate the possible mitigating or aggravating
3404 circumstances that justify a departure from the range of
3405 penalties provided by the rules. It is the legislative intent
3406 that minor violations be distinguished from those which endanger
3407 the health, safety, or welfare of the cooperative residents or
3408 other persons and that such guidelines provide reasonable and
3409 meaningful notice to the public of likely penalties that may be
3410 imposed for proscribed conduct. This subsection does not limit
3411 the ability of the division to informally dispose of
3412 administrative actions or complaints by stipulation, agreed
3413 settlement, or consent order. All amounts collected shall be
3414 deposited with the Chief Financial Officer to the credit of the
3415 Division of Florida Condominiums, Timeshares, and Mobile Homes
3416 Trust Fund. If a developer fails to pay the civil penalty, the
3417 division shall thereupon issue an order directing that such
3418 developer cease and desist from further operation until such
3419 time as the civil penalty is paid or may pursue enforcement of
3420 the penalty in a court of competent jurisdiction. If an
3421 association fails to pay the civil penalty, the division shall
3422 thereupon pursue enforcement in a court of competent
3423 jurisdiction, and the order imposing the civil penalty or the
3424 cease and desist order shall not become effective until 20 days
3425 after the date of such order. Any action commenced by the
3426 division shall be brought in the county in which the division
3427 has its executive offices or in the county where the violation
3428 occurred.
3429 (e) The division may prepare and disseminate a prospectus
3430 and other information to assist prospective owners, purchasers,
3431 lessees, and developers of residential cooperatives in assessing
3432 the rights, privileges, and duties pertaining thereto.
3433 (f) The division has authority to adopt rules pursuant to
3434 ss. 120.536(1) and 120.54 to implement and enforce the
3435 provisions of this chapter.
3436 (g) The division shall establish procedures for providing
3437 notice to an association when the division is considering the
3438 issuance of a declaratory statement with respect to the
3439 cooperative documents governing such cooperative community.
3440 (h) The division shall furnish each association which pays
3441 the fees required by paragraph (2)(a) a copy of this act,
3442 subsequent changes to this act on an annual basis, an amended
3443 version of this act as it becomes available from the Secretary
3444 of State’s office on a biennial basis, and the rules adopted
3445 thereto on an annual basis.
3446 (i) The division shall annually provide each association
3447 with a summary of declaratory statements and formal legal
3448 opinions relating to the operations of cooperatives which were
3449 rendered by the division during the previous year.
3450 (j) The division shall adopt uniform accounting principles,
3451 policies, and standards to be used by all associations in the
3452 preparation and presentation of all financial statements
3453 required by this chapter. The principles, policies, and
3454 standards shall take into consideration the size of the
3455 association and the total revenue collected by the association.
3456 (k) The division shall provide training and educational
3457 programs for cooperative association board members and unit
3458 owners. The training may, in the division’s discretion, include
3459 web-based electronic media and live training and seminars in
3460 various locations throughout the state. The division may review
3461 and approve education and training programs for board members
3462 and unit owners offered by providers and shall maintain a
3463 current list of approved programs and providers and make such
3464 list available to board members and unit owners in a reasonable
3465 and cost-effective manner.
3466 (l) The division shall maintain a toll-free telephone
3467 number accessible to cooperative unit owners.
3468 (m) When a complaint is made to the division, the division
3469 shall conduct its inquiry with reasonable dispatch and with due
3470 regard to the interests of the affected parties. Within 30 days
3471 after receipt of a complaint, the division shall acknowledge the
3472 complaint in writing and notify the complainant whether the
3473 complaint is within the jurisdiction of the division and whether
3474 additional information is needed by the division from the
3475 complainant. The division shall conduct its investigation and
3476 shall, within 90 days after receipt of the original complaint or
3477 timely requested additional information, take action upon the
3478 complaint. However, the failure to complete the investigation
3479 within 90 days does not prevent the division from continuing the
3480 investigation, accepting or considering evidence obtained or
3481 received after 90 days, or taking administrative action if
3482 reasonable cause exists to believe that a violation of this
3483 chapter or a rule of the division has occurred. If an
3484 investigation is not completed within the time limits
3485 established in this paragraph, the division shall, on a monthly
3486 basis, notify the complainant in writing of the status of the
3487 investigation. When reporting its action to the complainant, the
3488 division shall inform the complainant of any right to a hearing
3489 pursuant to ss. 120.569 and 120.57.
3490 (n) The division shall develop a program to certify both
3491 volunteer and paid mediators to provide mediation of cooperative
3492 disputes. The division shall provide, upon request, a list of
3493 such mediators to any association, unit owner, or other
3494 participant in arbitration proceedings under s. 718.1255
3495 requesting a copy of the list. The division shall include on the
3496 list of voluntary mediators only persons who have received at
3497 least 20 hours of training in mediation techniques or have
3498 mediated at least 20 disputes. In order to become initially
3499 certified by the division, paid mediators must be certified by
3500 the Supreme Court to mediate court cases in county or circuit
3501 courts. However, the division may adopt, by rule, additional
3502 factors for the certification of paid mediators, which factors
3503 must be related to experience, education, or background. Any
3504 person initially certified as a paid mediator by the division
3505 must, in order to continue to be certified, comply with the
3506 factors or requirements imposed by rules adopted by the
3507 division.
3508 (2)
3509 (c) A cooperative association shall create and maintain an
3510 online account with the division, as required in subsection (3).
3511 (3) On or before October 1, 2025, all cooperative
3512 associations shall create and maintain an online account with
3513 the division and provide information requested by the division
3514 in an electronic format determined by the division. The division
3515 shall adopt rules to implement this subsection. The division may
3516 require cooperative associations to provide such information no
3517 more than once per year, except that the division may require
3518 cooperative associations to update their contact information in
3519 paragraph (a) within 30 days after any change. The division
3520 shall provide a cooperative association at least a 45-day notice
3521 of any requirement to provide any required information after the
3522 cooperative association creates an online account. The
3523 information that the division may require associations to
3524 provide is limited to:
3525 (a) The contact information for the association that
3526 includes all of the following:
3527 1. The name of the association.
3528 2. The physical address of the cooperative property.
3529 3. The mailing address and county of the association.
3530 4. The e-mail address and telephone number for the
3531 association.
3532 5. The name and board title for each member of the
3533 association’s board.
3534 6. The name and contact information of the association’s
3535 community association manager or community association
3536 management firm, if applicable.
3537 7. The hyperlink or website address of the association’s
3538 website, if applicable.
3539 (b) The total number of buildings and for each building in
3540 the association:
3541 1. The total number of stories of each building, including
3542 both habitable and uninhabitable stories.
3543 2. The total number of units.
3544 3. The age of each building based on the certificate of
3545 occupancy.
3546 4. Any construction commenced on the common elements within
3547 the previous calendar year.
3548 (c) The association’s assessments, including the:
3549 1. Amount of assessment or special assessment by unit type,
3550 including reserves.
3551 2. Purpose of the assessment or special assessment.
3552 3. Name of the financial institution or institutions with
3553 which the association maintains accounts.
3554 (d) A copy of any structural integrity reserve study and
3555 any associated materials requested by the department. The
3556 association must provide such materials within 5 business days
3557 after such request, in a manner prescribed by the department.
3558 (a) On or before January 1, 2023, cooperative associations
3559 existing on or before July 1, 2022, must provide the following
3560 information to the division in writing, by e-mail, United States
3561 Postal Service, commercial delivery service, or hand delivery,
3562 at a physical address or e-mail address provided by the division
3563 and on a form posted on the division’s website:
3564 1. The number of buildings on the cooperative property that
3565 are three stories or higher in height.
3566 2. The total number of units in all such buildings.
3567 3. The addresses of all such buildings.
3568 4. The counties in which all such buildings are located.
3569 (b) The division must compile a list of the number of
3570 buildings on cooperative property that are three stories or
3571 higher in height, which is searchable by county, and must post
3572 the list on the division’s website. This list must include all
3573 of the following information:
3574 1. The name of each association with buildings on the
3575 cooperative property that are three stories or higher in height.
3576 2. The number of such buildings on each association’s
3577 property.
3578 3. The addresses of all such buildings.
3579 4. The counties in which all such buildings are located.
3580 (c) An association must provide an update in writing to the
3581 division if there are any changes to the information in the list
3582 under paragraph (b) within 6 months after the change.
3583 Section 24. Paragraph (d) of subsection (1) and paragraphs
3584 (c) and (d) of subsection (2) of section 719.503, Florida
3585 Statutes, are amended to read:
3586 719.503 Disclosure prior to sale.—
3587 (1) DEVELOPER DISCLOSURE.—
3588 (d) Milestone inspection, turnover inspection report, or
3589 structural integrity reserve study.—If the association is
3590 required to have completed a milestone inspection as described
3591 in s. 553.899, a turnover inspection report for a turnover
3592 inspection performed on or after July 1, 2023, or a structural
3593 integrity reserve study, and the association has not completed
3594 the milestone inspection, the turnover inspection report, or the
3595 structural integrity reserve study, each contract entered into
3596 after December 31, 2024, for the sale of a residential unit
3597 shall contain in conspicuous type a statement indicating that
3598 the association is required to have a milestone inspection, a
3599 turnover inspection report, or a structural integrity reserve
3600 study and has not completed such inspection, report, or study,
3601 as appropriate. If the association is not required to have a
3602 milestone inspection as described in s. 553.899 or a structural
3603 integrity reserve study, each contract entered into after
3604 December 31, 2024, for the sale of a residential unit shall
3605 contain in conspicuous type a statement indicating that the
3606 association is not required to have a milestone inspection or a
3607 structural integrity reserve study, as appropriate. If the
3608 association has completed a milestone inspection as described in
3609 s. 553.899, a turnover inspection report for a turnover
3610 inspection performed on or after July 1, 2023, or a structural
3611 integrity reserve study, each contract entered into after
3612 December 31, 2024, for the sale of a residential unit shall
3613 contain in conspicuous type:
3614 1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
3615 THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
3616 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
3617 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
3618 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
3619 719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
3620 COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
3621 RESERVE STUDY DESCRIBED IN SECTIONS 719.103(24) AND
3622 719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15
3623 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
3624 PRIOR TO EXECUTION OF THIS CONTRACT; and
3625 2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
3626 BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
3627 CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
3628 HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
3629 BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
3630 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
3631 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
3632 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
3633 719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
3634 COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
3635 RESERVE STUDY DESCRIBED IN SECTIONS 719.103(24) AND
3636 719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
3637 WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
3638 MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15
3639 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
3640 THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
3641 SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
3642 SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
3643 INSPECTION REPORT DESCRIBED IN SECTION 719.301(4)(p) AND (q),
3644 FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION’S MOST RECENT
3645 STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
3646 719.103(24) AND 719.106(1)(k), FLORIDA STATUTES, IF REQUESTED IN
3647 WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT
3648 CLOSING.
3649
3650 A contract that does not conform to the requirements of this
3651 paragraph is voidable at the option of the purchaser before
3652 prior to closing.
3653 (2) NONDEVELOPER DISCLOSURE.—
3654 (c) Each contract entered into after July 1, 1992, for the
3655 resale of an interest in a cooperative shall contain in
3656 conspicuous type either:
3657 1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
3658 THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE ARTICLES OF
3659 INCORPORATION OF THE ASSOCIATION, BYLAWS, RULES OF THE
3660 ASSOCIATION, AND THE QUESTION AND ANSWER SHEET MORE THAN 7 3
3661 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
3662 PRIOR TO EXECUTION OF THIS CONTRACT; or
3663 2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
3664 BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
3665 CANCEL WITHIN 7 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
3666 HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
3667 BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE ARTICLES OF
3668 INCORPORATION, BYLAWS, AND RULES OF THE ASSOCIATION, AND
3669 QUESTION AND ANSWER SHEET, IF SO REQUESTED IN WRITING. ANY
3670 PURPORTED WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO
3671 EFFECT. BUYER MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF
3672 NOT MORE THAN 7 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
3673 HOLIDAYS, AFTER THE BUYER RECEIVES THE ARTICLES OF
3674 INCORPORATION, BYLAWS, RULES, AND QUESTION AND ANSWER SHEET, IF
3675 REQUESTED IN WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL
3676 TERMINATE AT CLOSING.
3677
3678 A contract that does not conform to the requirements of this
3679 paragraph is voidable at the option of the purchaser before
3680 prior to closing.
3681 (d) If the association is required to have completed a
3682 milestone inspection as described in s. 553.899, a turnover
3683 inspection report for a turnover inspection performed on or
3684 after July 1, 2023, or a structural integrity reserve study, and
3685 the association has not completed the milestone inspection, the
3686 turnover inspection report, or the structural integrity reserve
3687 study, each contract entered into after December 31, 2024, for
3688 the sale of a residential unit shall contain in conspicuous type
3689 a statement indicating that the association is required to have
3690 a milestone inspection, a turnover inspection report, or a
3691 structural integrity reserve study and has not completed such
3692 inspection, report, or study, as appropriate. If the association
3693 is not required to have a milestone inspection as described in
3694 s. 553.899 or a structural integrity reserve study, each
3695 contract entered into after December 31, 2024, for the sale of a
3696 residential unit shall contain in conspicuous type a statement
3697 indicating that the association is not required to have a
3698 milestone inspection or a structural integrity reserve study, as
3699 appropriate. If the association has completed a milestone
3700 inspection as described in s. 553.899, a turnover inspection
3701 report for a turnover inspection performed on or after July 1,
3702 2023, or a structural integrity reserve study, each contract
3703 entered into after December 31, 2024, for the resale of a
3704 residential unit shall contain in conspicuous type:
3705 1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
3706 THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
3707 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
3708 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
3709 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
3710 719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
3711 COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
3712 RESERVE STUDY DESCRIBED IN SECTIONS 719.103(24) AND
3713 719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 7 3
3714 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
3715 PRIOR TO EXECUTION OF THIS CONTRACT; and
3716 2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
3717 BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
3718 CANCEL WITHIN 7 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
3719 HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
3720 BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
3721 PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
3722 IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
3723 THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
3724 719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
3725 COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
3726 RESERVE STUDY DESCRIBED IN SECTIONS 719.103(24) AND
3727 719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
3728 WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
3729 MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 7
3730 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
3731 THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
3732 SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
3733 SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
3734 INSPECTION REPORT DESCRIBED IN SECTION 719.301(4)(p) AND (q),
3735 FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION’S MOST RECENT
3736 STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
3737 719.103(24) AND 719.106(1)(k), FLORIDA STATUTES, IF REQUESTED IN
3738 WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT
3739 CLOSING.
3740
3741 A contract that does not conform to the requirements of this
3742 paragraph is voidable at the option of the purchaser before
3743 prior to closing.
3744 Section 25. Subsection (3) of section 914.21, Florida
3745 Statutes, is amended to read:
3746 914.21 Definitions.—As used in ss. 914.22-914.24, the term:
3747 (3) “Official investigation” means any investigation
3748 instituted by a law enforcement agency or prosecuting officer of
3749 the state or a political subdivision of the state or the
3750 Commission on Ethics or the Division of Florida Condominiums,
3751 Timeshares, and Mobile Homes of the Department of Business and
3752 Professional Regulation.
3753 Section 26. For the purpose of incorporating the amendment
3754 made by this act to section 468.4335, Florida Statutes, in a
3755 reference thereto, paragraph (b) of subsection (2) of section
3756 468.436, Florida Statutes, is reenacted to read:
3757 468.436 Disciplinary proceedings.—
3758 (2) The following acts constitute grounds for which the
3759 disciplinary actions in subsection (4) may be taken:
3760 (b)1. Violation of this part.
3761 2. Violation of any lawful order or rule rendered or
3762 adopted by the department or the council.
3763 3. Being convicted of or pleading nolo contendere to a
3764 felony in any court in the United States.
3765 4. Obtaining a license or certification or any other order,
3766 ruling, or authorization by means of fraud, misrepresentation,
3767 or concealment of material facts.
3768 5. Committing acts of gross misconduct or gross negligence
3769 in connection with the profession.
3770 6. Contracting, on behalf of an association, with any
3771 entity in which the licensee has a financial interest that is
3772 not disclosed.
3773 7. Failing to disclose any conflict of interest as required
3774 by s. 468.4335.
3775 8. Violating chapter 718, chapter 719, or chapter 720
3776 during the course of performing community association management
3777 services pursuant to a contract with a community association as
3778 defined in s. 468.431(1).
3779 Section 27. For the purpose of incorporating the amendment
3780 made by this act to section 718.110, Florida Statutes, in a
3781 reference thereto, paragraph (b) of subsection (2) of section
3782 718.106, Florida Statutes, is reenacted to read:
3783 718.106 Condominium parcels; appurtenances; possession and
3784 enjoyment.—
3785 (2) There shall pass with a unit, as appurtenances thereto:
3786 (b) The exclusive right to use such portion of the common
3787 elements as may be provided by the declaration, including the
3788 right to transfer such right to other units or unit owners to
3789 the extent authorized by the declaration as originally recorded,
3790 or amendments to the declaration adopted pursuant to the
3791 provisions contained therein. Amendments to declarations of
3792 condominium providing for the transfer of use rights with
3793 respect to limited common elements are not amendments that
3794 materially modify unit appurtenances as described in s.
3795 718.110(4). However, in order to be effective, the transfer of
3796 use rights with respect to limited common elements must be
3797 effectuated in conformity with the procedures set forth in the
3798 declaration as originally recorded or as amended under the
3799 procedures provided therein. This section is intended to clarify
3800 existing law and applies to associations existing on the
3801 effective date of this act.
3802 Section 28. For the purpose of incorporating the amendment
3803 made by this act to section 718.110, Florida Statutes, in a
3804 reference thereto, subsection (4) of section 718.117, Florida
3805 Statutes, is reenacted to read:
3806 718.117 Termination of condominium.—
3807 (4) EXEMPTION.—A plan of termination is not an amendment
3808 subject to s. 718.110(4). In a partial termination, a plan of
3809 termination is not an amendment subject to s. 718.110(4) if the
3810 ownership share of the common elements of a surviving unit in
3811 the condominium remains in the same proportion to the surviving
3812 units as it was before the partial termination.
3813 Section 29. For the purpose of incorporating the amendment
3814 made by this act to section 718.110, Florida Statutes, in a
3815 reference thereto, paragraph (d) of subsection (1) of section
3816 718.403, Florida Statutes, is reenacted to read:
3817 718.403 Phase condominiums.—
3818 (1) Notwithstanding the provisions of s. 718.110, a
3819 developer may develop a condominium in phases, if the original
3820 declaration of condominium submitting the initial phase to
3821 condominium ownership or an amendment to the declaration which
3822 has been approved by all of the unit owners and unit mortgagees
3823 provides for and describes in detail all anticipated phases; the
3824 impact, if any, which the completion of subsequent phases would
3825 have upon the initial phase; and the time period within which
3826 all phases must be added to the condominium and comply with the
3827 requirements of this section and at the end of which the right
3828 to add additional phases expires.
3829 (d) An amendment that extends the 7-year period pursuant to
3830 this section is not subject to the requirements of s.
3831 718.110(4).
3832 Section 30. For the purpose of incorporating the amendment
3833 made by this act to section 718.110, Florida Statutes, in a
3834 reference thereto, subsection (4) of section 718.405, Florida
3835 Statutes, is reenacted to read:
3836 718.405 Multicondominiums; multicondominium associations.—
3837 (4) This section does not prevent or restrict the formation
3838 of a multicondominium by the merger or consolidation of two or
3839 more condominium associations. Mergers or consolidations of
3840 associations shall be accomplished in accordance with this
3841 chapter, the declarations of the condominiums being merged or
3842 consolidated, and chapter 617. Section 718.110(4) does not apply
3843 to amendments to declarations necessary to effect a merger or
3844 consolidation. This section is intended to clarify existing law
3845 and applies to associations existing on the effective date of
3846 this act.
3847 Section 31. For the purpose of incorporating the amendment
3848 made by this act to section 718.111, Florida Statutes, in a
3849 reference thereto, paragraph (e) of subsection (3) of section
3850 721.13, Florida Statutes, is reenacted to read:
3851 721.13 Management.—
3852 (3) The duties of the managing entity include, but are not
3853 limited to:
3854 (e) Arranging for an annual audit of the financial
3855 statements of the timeshare plan by a certified public
3856 accountant licensed by the Board of Accountancy of the
3857 Department of Business and Professional Regulation, in
3858 accordance with generally accepted auditing standards as defined
3859 by the rules of the Board of Accountancy of the Department of
3860 Business and Professional Regulation. The financial statements
3861 required by this section must be prepared on an accrual basis
3862 using fund accounting, and must be presented in accordance with
3863 generally accepted accounting principles. A copy of the audited
3864 financial statements must be filed with the division for review
3865 and forwarded to the board of directors and officers of the
3866 owners’ association, if one exists, no later than 5 calendar
3867 months after the end of the timeshare plan’s fiscal year. If no
3868 owners’ association exists, each purchaser must be notified, no
3869 later than 5 months after the end of the timeshare plan’s fiscal
3870 year, that a copy of the audited financial statements is
3871 available upon request to the managing entity. Notwithstanding
3872 any requirement of s. 718.111(13) or s. 719.104(4), the audited
3873 financial statements required by this section are the only
3874 annual financial reporting requirements for timeshare
3875 condominiums or timeshare cooperatives.
3876 Section 32. For the purpose of incorporating the amendment
3877 made by this act to section 718.112, Florida Statutes, in
3878 references thereto, paragraph (a) of subsection (7) and
3879 paragraph (c) of subsection (21) of section 718.504, Florida
3880 Statutes, are reenacted to read:
3881 718.504 Prospectus or offering circular.—Every developer of
3882 a residential condominium which contains more than 20
3883 residential units, or which is part of a group of residential
3884 condominiums which will be served by property to be used in
3885 common by unit owners of more than 20 residential units, shall
3886 prepare a prospectus or offering circular and file it with the
3887 Division of Florida Condominiums, Timeshares, and Mobile Homes
3888 prior to entering into an enforceable contract of purchase and
3889 sale of any unit or lease of a unit for more than 5 years and
3890 shall furnish a copy of the prospectus or offering circular to
3891 each buyer. In addition to the prospectus or offering circular,
3892 each buyer shall be furnished a separate page entitled
3893 “Frequently Asked Questions and Answers,” which shall be in
3894 accordance with a format approved by the division and a copy of
3895 the financial information required by s. 718.111. This page
3896 shall, in readable language, inform prospective purchasers
3897 regarding their voting rights and unit use restrictions,
3898 including restrictions on the leasing of a unit; shall indicate
3899 whether and in what amount the unit owners or the association is
3900 obligated to pay rent or land use fees for recreational or other
3901 commonly used facilities; shall contain a statement identifying
3902 that amount of assessment which, pursuant to the budget, would
3903 be levied upon each unit type, exclusive of any special
3904 assessments, and which shall further identify the basis upon
3905 which assessments are levied, whether monthly, quarterly, or
3906 otherwise; shall state and identify any court cases in which the
3907 association is currently a party of record in which the
3908 association may face liability in excess of $100,000; shall
3909 state whether the condominium is created within a portion of a
3910 building or within a multiple parcel building; and which shall
3911 further state whether membership in a recreational facilities
3912 association is mandatory, and if so, shall identify the fees
3913 currently charged per unit type. The division shall by rule
3914 require such other disclosure as in its judgment will assist
3915 prospective purchasers. The prospectus or offering circular may
3916 include more than one condominium, although not all such units
3917 are being offered for sale as of the date of the prospectus or
3918 offering circular. The prospectus or offering circular must
3919 contain the following information:
3920 (7) A description of the recreational and other facilities
3921 that will be used in common with other condominiums, community
3922 associations, or planned developments which require the payment
3923 of the maintenance and expenses of such facilities, directly or
3924 indirectly, by the unit owners. The description shall include,
3925 but not be limited to, the following:
3926 (a) Each building and facility committed to be built and a
3927 summary description of the structural integrity of each building
3928 for which reserves are required pursuant to s. 718.112(2)(g).
3929
3930 Descriptions shall include location, areas, capacities, numbers,
3931 volumes, or sizes and may be stated as approximations or
3932 minimums.
3933 (21) An estimated operating budget for the condominium and
3934 the association, and a schedule of the unit owner’s expenses
3935 shall be attached as an exhibit and shall contain the following
3936 information:
3937 (c) The estimated items of expenses of the condominium and
3938 the association, except as excluded under paragraph (b),
3939 including, but not limited to, the following items, which shall
3940 be stated as an association expense collectible by assessments
3941 or as unit owners’ expenses payable to persons other than the
3942 association:
3943 1. Expenses for the association and condominium:
3944 a. Administration of the association.
3945 b. Management fees.
3946 c. Maintenance.
3947 d. Rent for recreational and other commonly used
3948 facilities.
3949 e. Taxes upon association property.
3950 f. Taxes upon leased areas.
3951 g. Insurance.
3952 h. Security provisions.
3953 i. Other expenses.
3954 j. Operating capital.
3955 k. Reserves for all applicable items referenced in s.
3956 718.112(2)(g).
3957 l. Fees payable to the division.
3958 2. Expenses for a unit owner:
3959 a. Rent for the unit, if subject to a lease.
3960 b. Rent payable by the unit owner directly to the lessor or
3961 agent under any recreational lease or lease for the use of
3962 commonly used facilities, which use and payment is a mandatory
3963 condition of ownership and is not included in the common expense
3964 or assessments for common maintenance paid by the unit owners to
3965 the association.
3966 Section 33. For the purpose of incorporating the amendment
3967 made by this act to section 718.112, Florida Statutes, in a
3968 reference thereto, paragraph (d) of subsection (1) of section
3969 718.618, Florida Statutes, is reenacted to read:
3970 718.618 Converter reserve accounts; warranties.—
3971 (1) When existing improvements are converted to ownership
3972 as a residential condominium, the developer shall establish
3973 converter reserve accounts for capital expenditures and deferred
3974 maintenance, or give warranties as provided by subsection (6),
3975 or post a surety bond as provided by subsection (7). The
3976 developer shall fund the converter reserve accounts in amounts
3977 calculated as follows:
3978 (d) In addition to establishing the reserve accounts
3979 specified above, the developer shall establish those other
3980 reserve accounts required by s. 718.112(2)(f), and shall fund
3981 those accounts in accordance with the formula provided therein.
3982 The vote to waive or reduce the funding or reserves required by
3983 s. 718.112(2)(f) does not affect or negate the obligations
3984 arising under this section.
3985 Section 34. For the purpose of incorporating the amendment
3986 made by this act to section 718.113, Florida Statutes, in a
3987 reference thereto, paragraph (e) of subsection (1) of section
3988 718.115, Florida Statutes, is reenacted to read:
3989 718.115 Common expenses and common surplus.—
3990 (1)
3991 (e)1. Except as provided in s. 718.113(5)(d), if the
3992 installation of hurricane protection is the responsibility of
3993 the unit owners pursuant to the declaration of condominium or a
3994 vote of the unit owners under s. 718.113(5), the cost of the
3995 installation of hurricane protection by the association is not a
3996 common expense and must be charged individually to the unit
3997 owners based on the cost of installation of hurricane protection
3998 appurtenant to the unit. The costs of installation of hurricane
3999 protection are enforceable as an assessment and may be collected
4000 in the manner provided under s. 718.116.
4001 2. Notwithstanding s. 718.116(9), and regardless of whether
4002 the declaration requires the association or unit owners to
4003 install, maintain, repair, or replace hurricane protection, the
4004 owner of a unit in which hurricane protection that complies with
4005 the current applicable building code has been installed is
4006 excused from any assessment levied by the association or shall
4007 receive a credit if the same type of hurricane protection is
4008 installed by the association. A credit is applicable if the
4009 installation of hurricane protection is for all other units that
4010 do not have hurricane protection and the cost of such
4011 installation is funded by the association’s budget, including
4012 the use of reserve funds. The credit must be equal to the amount
4013 that the unit owner would have been assessed to install the
4014 hurricane protection. However, such unit owner remains
4015 responsible for the pro rata share of expenses for hurricane
4016 protection installed on common elements and association property
4017 by the board pursuant to s. 718.113(5) and remains responsible
4018 for a pro rata share of the expense of the replacement,
4019 operation, repair, and maintenance of such hurricane protection.
4020 Expenses for the installation, replacement, operation, repair,
4021 or maintenance of hurricane protection on common elements and
4022 association property are common expenses.
4023 Section 35. For the purpose of incorporating the amendments
4024 made by this act to sections 718.111, 718.112, and 718.503,
4025 Florida Statutes, in references thereto, subsections (1) and (3)
4026 of section 718.706, Florida Statutes, are reenacted to read:
4027 718.706 Specific provisions pertaining to offering of units
4028 by a bulk assignee or bulk buyer.—
4029 (1) Before offering more than seven units in a single
4030 condominium for sale or for lease for a term exceeding 5 years,
4031 a bulk assignee or a bulk buyer must file the following
4032 documents with the division and provide such documents to a
4033 prospective purchaser or tenant:
4034 (a) An updated prospectus or offering circular, or a
4035 supplement to the prospectus or offering circular, filed by the
4036 original developer prepared in accordance with s. 718.504, which
4037 must include the form of contract for sale and for lease in
4038 compliance with s. 718.503(2);
4039 (b) An updated Frequently Asked Questions and Answers
4040 sheet;
4041 (c) The executed escrow agreement if required under s.
4042 718.202; and
4043 (d) The financial information required by s. 718.111(13).
4044 However, if a financial information report did not exist before
4045 the acquisition of title by the bulk assignee or bulk buyer, and
4046 if accounting records that permit preparation of the required
4047 financial information report for that period cannot be obtained
4048 despite good faith efforts by the bulk assignee or the bulk
4049 buyer, the bulk assignee or bulk buyer is excused from the
4050 requirement of this paragraph. However, the bulk assignee or
4051 bulk buyer must include in the purchase contract the following
4052 statement in conspicuous type:
4053
4054 ALL OR A PORTION OF THE FINANCIAL INFORMATION REPORT
4055 REQUIRED UNDER S. 718.111(13) FOR THE TIME PERIOD
4056 BEFORE THE SELLER’S ACQUISITION OF THE UNIT IS NOT
4057 AVAILABLE OR CANNOT BE OBTAINED DESPITE THE GOOD FAITH
4058 EFFORTS OF THE SELLER.
4059
4060 (3) A bulk assignee, while in control of the board of
4061 administration of the association, may not authorize, on behalf
4062 of the association:
4063 (a) The waiver of reserves or the reduction of funding of
4064 the reserves pursuant to s. 718.112(2)(f)2., unless approved by
4065 a majority of the voting interests not controlled by the
4066 developer, bulk assignee, and bulk buyer; or
4067 (b) The use of reserve expenditures for other purposes
4068 pursuant to s. 718.112(2)(f)3., unless approved by a majority of
4069 the voting interests not controlled by the developer, bulk
4070 assignee, and bulk buyer.
4071 Section 36. For the purpose of incorporating the amendment
4072 made by this act to section 718.301, Florida Statutes, in a
4073 reference thereto, subsection (2) of section 718.705, Florida
4074 Statutes, is reenacted to read:
4075 718.705 Board of administration; transfer of control.—
4076 (2) Unless control of the board of administration of the
4077 association has already been relinquished pursuant to s.
4078 718.301(1), the bulk assignee must relinquish control of the
4079 association pursuant to s. 718.301 and this part, as if the bulk
4080 assignee were the developer.
4081 Section 37. For the purpose of incorporating the amendment
4082 made by this act to section 719.106, Florida Statutes, in a
4083 reference thereto, subsection (24) of section 719.103, Florida
4084 Statutes, is reenacted to read:
4085 719.103 Definitions.—As used in this chapter:
4086 (24) “Structural integrity reserve study” means a study of
4087 the reserve funds required for future major repairs and
4088 replacement of the cooperative property performed as required
4089 under s. 719.106(1)(k).
4090 Section 38. For the purpose of incorporating the amendment
4091 made by this act to section 719.106, Florida Statutes, in
4092 references thereto, paragraph (a) of subsection (7) and
4093 paragraph (c) of subsection (20) of section 719.504, Florida
4094 Statutes, are reenacted to read:
4095 719.504 Prospectus or offering circular.—Every developer of
4096 a residential cooperative which contains more than 20
4097 residential units, or which is part of a group of residential
4098 cooperatives which will be served by property to be used in
4099 common by unit owners of more than 20 residential units, shall
4100 prepare a prospectus or offering circular and file it with the
4101 Division of Florida Condominiums, Timeshares, and Mobile Homes
4102 prior to entering into an enforceable contract of purchase and
4103 sale of any unit or lease of a unit for more than 5 years and
4104 shall furnish a copy of the prospectus or offering circular to
4105 each buyer. In addition to the prospectus or offering circular,
4106 each buyer shall be furnished a separate page entitled
4107 “Frequently Asked Questions and Answers,” which must be in
4108 accordance with a format approved by the division. This page
4109 must, in readable language: inform prospective purchasers
4110 regarding their voting rights and unit use restrictions,
4111 including restrictions on the leasing of a unit; indicate
4112 whether and in what amount the unit owners or the association is
4113 obligated to pay rent or land use fees for recreational or other
4114 commonly used facilities; contain a statement identifying that
4115 amount of assessment which, pursuant to the budget, would be
4116 levied upon each unit type, exclusive of any special
4117 assessments, and which identifies the basis upon which
4118 assessments are levied, whether monthly, quarterly, or
4119 otherwise; state and identify any court cases in which the
4120 association is currently a party of record in which the
4121 association may face liability in excess of $100,000; and state
4122 whether membership in a recreational facilities association is
4123 mandatory and, if so, identify the fees currently charged per
4124 unit type. The division shall by rule require such other
4125 disclosure as in its judgment will assist prospective
4126 purchasers. The prospectus or offering circular may include more
4127 than one cooperative, although not all such units are being
4128 offered for sale as of the date of the prospectus or offering
4129 circular. The prospectus or offering circular must contain the
4130 following information:
4131 (7) A description of the recreational and other facilities
4132 that will be used in common with other cooperatives, community
4133 associations, or planned developments which require the payment
4134 of the maintenance and expenses of such facilities, directly or
4135 indirectly, by the unit owners. The description shall include,
4136 but not be limited to, the following:
4137 (a) Each building and facility committed to be built and a
4138 summary description of the structural integrity of each building
4139 for which reserves are required pursuant to s. 719.106(1)(k).
4140
4141 Descriptions shall include location, areas, capacities, numbers,
4142 volumes, or sizes and may be stated as approximations or
4143 minimums.
4144 (20) An estimated operating budget for the cooperative and
4145 the association, and a schedule of the unit owner’s expenses
4146 shall be attached as an exhibit and shall contain the following
4147 information:
4148 (c) The estimated items of expenses of the cooperative and
4149 the association, except as excluded under paragraph (b),
4150 including, but not limited to, the following items, which shall
4151 be stated as an association expense collectible by assessments
4152 or as unit owners’ expenses payable to persons other than the
4153 association:
4154 1. Expenses for the association and cooperative:
4155 a. Administration of the association.
4156 b. Management fees.
4157 c. Maintenance.
4158 d. Rent for recreational and other commonly used areas.
4159 e. Taxes upon association property.
4160 f. Taxes upon leased areas.
4161 g. Insurance.
4162 h. Security provisions.
4163 i. Other expenses.
4164 j. Operating capital.
4165 k. Reserves for all applicable items referenced in s.
4166 719.106(1)(k).
4167 l. Fee payable to the division.
4168 2. Expenses for a unit owner:
4169 a. Rent for the unit, if subject to a lease.
4170 b. Rent payable by the unit owner directly to the lessor or
4171 agent under any recreational lease or lease for the use of
4172 commonly used areas, which use and payment are a mandatory
4173 condition of ownership and are not included in the common
4174 expense or assessments for common maintenance paid by the unit
4175 owners to the association.
4176 Section 39. Except as otherwise provided in this act, this
4177 act shall take effect July 1, 2025.
4178
4179 ================= T I T L E A M E N D M E N T ================
4180 And the title is amended as follows:
4181 Delete everything before the enacting clause
4182 and insert:
4183 A bill to be entitled
4184 An act relating to condominium and cooperative
4185 associations; amending s. 468.432, F.S.; prohibiting a
4186 person whose community association manager license is
4187 revoked from having an indirect or direct ownership
4188 interest in, or being an employee, a partner, an
4189 officer, a director, or a trustee of, a community
4190 association management firm for a specified timeframe;
4191 requiring a licensee to create and maintain an online
4192 licensure account with the Department of Business and
4193 Professional Regulation; requiring a community
4194 association manager to identify on his or her online
4195 licensure account certain information; requiring a
4196 licensee to provide specific information on his or her
4197 online licensure account; requiring that such
4198 information be updated within a specified timeframe;
4199 requiring a community association management firm to
4200 identify on its online licensure account the community
4201 association managers it employs to provide community
4202 association management services; requiring the
4203 department to give written notice to the community
4204 association management firm and the community
4205 association if the community association manager has
4206 his or her license suspended or revoked; amending s.
4207 468.4334, F.S.; prohibiting a community association
4208 manager or a community association management firm
4209 from knowingly performing any act directed by the
4210 community association if such act violates any state
4211 or federal law; revising the contractual obligations a
4212 community association manager or a community
4213 association management firm has with the association
4214 board; requiring that a contract include a certain
4215 statement, if applicable to the type of management
4216 services provided in the contract; providing that such
4217 contracts may not waive or limit certain professional
4218 practice standards; requiring a community association
4219 to include specified information on its website or
4220 mobile application, if such association is required to
4221 maintain official records on a website or an
4222 application; conforming provisions to changes made by
4223 the act; amending s. 468.4335, F.S.; revising what
4224 constitutes a rebuttable presumption of a conflict of
4225 interest with a community association manager or a
4226 community association management firm; defining the
4227 term “compensation”; requiring an association to
4228 solicit multiple bids from other third-party providers
4229 if a bid that exceeds a specified amount is or may
4230 reasonably be construed to be a conflict of interest;
4231 providing applicability; deleting a requirement that
4232 all contracts and transactional documents related to a
4233 proposed activity that is a conflict of interest be
4234 attached to the meeting agenda of the next board of
4235 administration meeting; requiring that the notice for
4236 the board meeting at which certain activity will be
4237 considered include certain information about a
4238 proposed activity that is a conflict of interest;
4239 deleting a requirement that the proposed activity be
4240 disclosed at the next regular or special meeting of
4241 the members; providing that a contract is voidable if
4242 certain findings are made; providing specifications
4243 for terminating a contract; making technical changes;
4244 amending s. 553.899, F.S.; revising the criteria for
4245 buildings that require a milestone inspection;
4246 requiring, rather than authorizing, the board of
4247 county commissioners or a municipal governing body to
4248 adopt a specified ordinance; requiring specified
4249 professionals who bid to perform a milestone
4250 inspection to disclose to the association in writing
4251 their intent to bid on services related to any
4252 maintenance, repair, or replacement that may be
4253 recommended by the milestone inspection; prohibiting
4254 such professionals from having any interest in or
4255 being related to any person having any interest in the
4256 firm or entity providing the association’s milestone
4257 inspection unless such relationship is disclosed in
4258 writing; defining the term “relative”; providing that
4259 a contract for services is voidable and terminates
4260 upon the association filing a written notice
4261 terminating such contract if such professionals fail
4262 to provide a written disclosure of such relationship;
4263 providing that such professionals may be subject to
4264 discipline for failure to provide such written
4265 disclosure; requiring the local enforcement agency
4266 responsible for milestone inspections to provide to
4267 the department specified information in an electronic
4268 format by a specified date; requiring the department
4269 to provide to the Office of Program Policy Analysis
4270 and Government Accountability (OPPAGA) all information
4271 obtained from the local enforcement agencies by a
4272 specified date; authorizing OPPAGA to request from the
4273 local enforcement agency any additional information
4274 necessary to compile and provide a report to the
4275 Legislature; amending s. 718.103, F.S.; revising the
4276 definition of the term “alternative funding method”;
4277 defining the term “video conference”; amending s.
4278 718.110, F.S.; providing that the declaration of a
4279 nonresidential condominium may be amended to change
4280 certain provisions if all affected record owners join
4281 in the execution of such amendment; providing that the
4282 approval of nonaffected record owners is not required;
4283 requiring that certain documents be served at a unit
4284 owner’s address as reflected in the association’s
4285 official records; amending s. 718.111, F.S.; requiring
4286 a community association manager or a community
4287 association management firm that contracts with a
4288 community association to possess specified licenses;
4289 providing that all board members or officers of a
4290 community association that contracts with a community
4291 association manager or a community association
4292 management firm have a duty to ensure that the
4293 community association manager or community association
4294 management firm is properly licensed before entering
4295 into a contract; authorizing a community association
4296 to terminate a contract with a community association
4297 manager or a community association management firm if
4298 the manager’s or management firm’s license is
4299 suspended or revoked during the term of the contract;
4300 requiring every condominium association to have
4301 adequate property insurance; deleting specified
4302 required coverage; providing that the amount of
4303 adequate insurance coverage may be based on the
4304 replacement cost of the property to be insured, as
4305 determined by an independent insurance appraisal or
4306 previous appraisal; requiring that such replacement
4307 cost be determined according to a specified timeframe;
4308 providing that an association’s obligation to obtain
4309 and provide adequate property insurance may be
4310 satisfied by obtaining and maintaining insurance
4311 coverage sufficient to cover a specified amount;
4312 revising which items constitute the official records
4313 of the association; requiring that certain documents
4314 be posted on certain associations’ websites or made
4315 available for download through an application on a
4316 mobile device within a specified timeframe; revising
4317 which documents must be posted in digital format on
4318 the association’s website or application; revising the
4319 timeframe in which the association must deliver a copy
4320 of the most recent financial report or a notice that a
4321 copy of the most recent financial report will be
4322 distributed; revising the methods of delivery for a
4323 copy of the most recent association financial report
4324 to include electronic delivery via the Internet;
4325 requiring that an officer or a director execute an
4326 affidavit as evidence of compliance with the delivery
4327 requirement; revising how financial reports are
4328 prepared; requiring an association board to use best
4329 efforts to make prudent investment decisions in
4330 fulfilling its duty to manage operating and reserve
4331 funds of the association; authorizing an association,
4332 including a multicondominium association, to invest
4333 reserve funds in specified financial institutions
4334 without a vote of the unit owners; amending s.
4335 718.112, F.S.; authorizing an association board
4336 meeting to be conducted in person or by video
4337 conference; requiring the Division of Florida
4338 Condominiums, Timeshares, and Mobile Homes to adopt
4339 rules; requiring that notice for board meetings
4340 conducted via video conference contain specific
4341 information; requiring that such meetings be recorded
4342 and maintained as an official record of the
4343 association; revising the distance from the
4344 condominium property within which a unit owner meeting
4345 must be held; authorizing a unit owner to vote
4346 electronically if the unit owner meeting is conducted
4347 via video conference; authorizing unit owner meetings
4348 to be conducted in person or via video conference;
4349 specifying what constitutes a quorum for meetings held
4350 via video conference; requiring that, if the bylaws
4351 are silent as to the location, the location of the
4352 meeting be provided in the association bylaws or
4353 within a specified distance from, or within the same
4354 county of, the condominium property; requiring that
4355 meetings held via video conference be recorded and be
4356 maintained as an official record of the association;
4357 requiring the division to adopt rules; revising the
4358 methods of serving notice of unit owner meetings;
4359 authorizing budget meetings to be conducted via video
4360 conference; requiring the division to adopt rules;
4361 requiring that a sound transmitting device be used at
4362 such meetings for a specified purpose; revising a
4363 provision requiring that a board proposing a budget
4364 that requires a certain special assessment against
4365 unit owners simultaneously propose a substitute budget
4366 that meets certain requirements, rather than conduct a
4367 special meeting of the unit owners to consider a
4368 substitute budget after the adoption of the annual
4369 budget; requiring unit owners, rather than authorizing
4370 them, to consider a substitute budget; providing that
4371 the annual budget initially proposed by the board be
4372 adopted under certain circumstances; revising the
4373 criteria used in determining whether assessments
4374 exceed the specified percentage of assessments of the
4375 previous fiscal year; revising the threshold for
4376 deferred maintenance expenses or replacements in
4377 reserve accounts; authorizing the members to vote to
4378 waive the maintenance of reserves recommended in the
4379 most recent structural integrity reserve study under
4380 certain circumstances; deleting a requirement that the
4381 division approve the funding method; providing that
4382 specified reserves may be funded by regular
4383 assessments, special assessments, lines of credit, or
4384 loans under certain circumstances; requiring that any
4385 special assessment, line of credit, or loan be
4386 approved by a majority of the total voting interests
4387 of the association; authorizing a unit-owner
4388 controlled association that is required to have a
4389 structural reserve study to obtain a line of credit or
4390 a loan to fund capital expenses required by a
4391 milestone inspection or a structural integrity reserve
4392 study; requiring that any special assessment, line of
4393 credit, or loan be sufficient to fund the cumulative
4394 amount of any previously waived or unfunded portions
4395 of the reserve funding amount and the most recent
4396 structural integrity reserve study; requiring that
4397 funding from the line of credit or loan be immediately
4398 available for access by the board for a specified
4399 purpose without further approval by association
4400 members; requiring that such special assessments,
4401 lines of credit, or loans be included in the
4402 association’s financial report; providing
4403 applicability; deleting a requirement that the
4404 majority of the members must approve of the board
4405 pausing contributions to the association’s reserves
4406 for a specified purpose; authorizing the board to
4407 temporarily pause reserve fund contributions or reduce
4408 the amount of reserve funding for a specified purpose
4409 for a budget adopted on or before a specified date if
4410 the association has completed a milestone inspection
4411 within a specified timeframe and such inspection
4412 recommended certain repairs; requiring that such
4413 temporary pause or reduction be approved by a majority
4414 of the total voting interests of the association;
4415 providing applicability; requiring associations that
4416 have paused or reduced their reserve funding to have a
4417 structural integrity reserve study performed before
4418 the continuation of reserve contributions for
4419 specified purposes; providing that an association’s
4420 reserve accounts may be pooled for a specified number
4421 of required components; requiring that reserve funding
4422 for certain components be pooled within those
4423 components; requiring that reserve funding in the
4424 proposed annual budget be sufficient to ensure that
4425 available funds meet or exceed projected expenses for
4426 all components in the reserve pool based on the
4427 reserve funding plan or schedule of the most recent
4428 structural integrity reserve study; providing that a
4429 vote of the members is not required for the board to
4430 change the accounting method for reserves to specified
4431 accounting methods; requiring the division to annually
4432 adjust for inflation the minimum threshold amount for
4433 required reserves, based on specified criteria;
4434 requiring the division, by a specified date and
4435 annually thereafter, to conspicuously post on its
4436 website the inflation-adjusted minimum threshold
4437 amount for required reserves; revising the items to be
4438 included in a structural integrity reserve study;
4439 requiring specified design professionals or
4440 contractors who bid to perform a structural integrity
4441 reserve study to disclose in writing to the
4442 association their intent to bid on any services
4443 related to the maintenance, repair, or replacement
4444 that may be recommended by the structural integrity
4445 reserve study; prohibiting such professionals or
4446 contractors from having any interest in or being
4447 related to any person having any interest in the firm
4448 or entity providing the association’s structural
4449 integrity reserve study unless such relationship is
4450 disclosed in writing; defining the term “relative”;
4451 providing that a contract for services is voidable and
4452 terminates upon the association filing a written
4453 notice terminating such a contract if such
4454 professional or contractor fails to provide a written
4455 disclosure of such relationship with the firm
4456 conducting the structural integrity reserve study;
4457 providing that such professional or contractor may be
4458 subject to discipline for his or her failure to
4459 provide such written disclosure; requiring that a
4460 structural integrity reserve study include a
4461 recommendation for a reserve funding schedule based on
4462 specified criteria; providing that the study may
4463 recommend other types of reserve funding schedules,
4464 provided each recommended schedule is sufficient to
4465 meet the association’s maintenance obligations;
4466 requiring that reserves not required for certain items
4467 be separately identified as such in the structural
4468 integrity reserve study; requiring that the structural
4469 integrity reserve study take into consideration the
4470 funding method or methods used by the association to
4471 fund maintenance and reserve funding obligations
4472 through regular assessments, special assessments,
4473 lines of credit, or loans; requiring that a structural
4474 integrity reserve study that has been performed before
4475 the approval of a special assessment or the securing
4476 of a line of credit or a loan be updated to reflect
4477 certain information regarding the reserve funding
4478 schedule; providing that a structural integrity
4479 reserve study may be updated to reflect changes in the
4480 useful life of the reserve items after such items are
4481 repaired or replaced, and the effect such repair or
4482 replacement will have on the reserve funding schedule;
4483 requiring an association to obtain an updated
4484 structural integrity reserve study before adopting any
4485 budget in which the reserve funding from regular
4486 assessments, special assessments, lines of credit, or
4487 loans do not align with the funding plan from the most
4488 recent version of the structural integrity reserve
4489 study; revising applicability; authorizing an
4490 association to delay a required structural integrity
4491 reserve study for a specified timeframe if it has
4492 completed a milestone inspection or similar
4493 inspection, for a specified purpose; requiring an
4494 officer or director of an association to sign an
4495 affidavit acknowledging receipt of the completed
4496 structural integrity reserve study; requiring the
4497 division to adopt rules for the form for the
4498 structural integrity reserve study in coordination
4499 with the Florida Building Commission; making technical
4500 changes; amending s. 718.113, F.S.; requiring the
4501 board to determine whose responsibility it is to pay
4502 for removal or reinstallation of hurricane protection
4503 under certain circumstances; deleting authorization
4504 for an association to enforce and collect certain
4505 charges as assessments; amending s. 718.1265, F.S.;
4506 revising the emergency powers of a condominium
4507 association; amending s. 718.128, F.S.; deleting a
4508 requirement for written notice of certain meetings;
4509 requiring, after a specified percentage of voting
4510 interests adopts a resolution, a board to hold a
4511 meeting within a certain timeframe to adopt such
4512 resolution; requiring that a petition to adopt a
4513 resolution be submitted to the board within a certain
4514 timeframe; requiring an association to designate an e
4515 mail address for receipt of electronically transmitted
4516 ballots; requiring that electronically transmitted
4517 ballots meet specified requirements; authorizing a
4518 unit owner to electronically transmit a ballot without
4519 complying with certain provisions; requiring an
4520 association to count completed such electronically
4521 submitted ballots if such ballots comply with
4522 specified requirements; providing requirements for
4523 electronically transmitted ballots; providing a
4524 rebuttable presumption; amending s. 718.203, F.S.;
4525 providing that all condominiums, not just residential,
4526 can be covered by an insured warranty program;
4527 amending s. 718.301, F.S.; providing that certain
4528 provisions of law relating to transfer of control of
4529 an association do not apply to certain residential
4530 condominiums beginning on a specified date; amending
4531 s. 718.302, F.S.; providing that certain agreements
4532 may be cancelled by unit owners if the unit owners own
4533 a specified percentage of voting interests in certain
4534 condominiums; amending s. 718.407, F.S.; requiring
4535 that a specified report be provided to an association
4536 within a certain timeframe after the end of the fiscal
4537 year; requiring that copies of receipts and invoices
4538 be included with the report; authorizing the division
4539 to impose penalties under certain circumstances;
4540 authorizing an association to challenge the
4541 apportionment of certain costs of the shared
4542 facilities within a certain timeframe; providing
4543 construction; amending s. 718.501, F.S.; revising the
4544 duties of the Division of Florida Condominiums,
4545 Timeshares, and Mobile Homes regarding investigation
4546 of complaints; requiring condominium associations to
4547 create and maintain an online account with the
4548 division on or before a specified date; requiring
4549 condominium associations to provide requested
4550 information to the division; requiring the division to
4551 adopt rules; authorizing the division to require
4552 condominium associations to provide such information
4553 no more than once a year; requiring that certain
4554 information be updated within a specified timeframe;
4555 requiring the division to provide a condominium
4556 association a specified notice of any requirement to
4557 provide information after the condominium association
4558 creates an online account; specifying the information
4559 the division may require from a condominium
4560 association; amending s. 718.503, F.S.; revising the
4561 disclosures that must be included in a contract for
4562 the sale and resale of a residential unit; amending s.
4563 8 of chapter 2024-244, Laws of Florida, as amended;
4564 requiring that specified documents be made available
4565 on an association’s website or made available for
4566 download through an application on a mobile device
4567 within a specified timeframe; revising the documents
4568 required to be posted in digital format on an
4569 association’s website or application; amending s. 31
4570 of chapter 2024-244, Laws of Florida; revising
4571 retroactivity and applicability; amending s. 719.104,
4572 F.S.; requiring a board to use best efforts to make
4573 prudent investment decisions in fulfilling its duty to
4574 manage operating and reserve funds of the cooperative
4575 association; authorizing an association to invest
4576 reserve funds in specified financial institutions
4577 without a vote of the unit owners; amending s.
4578 719.106, F.S.; revising the deferred maintenance
4579 expense or replacement costs threshold that must be
4580 included in reserve accounts; authorizing the board to
4581 pause contributions to its reserves or reduce reserve
4582 funding if a local building official determines the
4583 entire cooperative building is uninhabitable due to a
4584 natural emergency; authorizing any reserve account
4585 funds held by the association to be expended to make
4586 the cooperative building and its structures habitable,
4587 pursuant to the board’s determination; requiring the
4588 association to immediately resume contributing funds
4589 to its reserves upon determination by the local
4590 building official that the cooperative building is
4591 habitable; providing that certain reserves may be
4592 funded by regular assessments, special assessments,
4593 lines of credit, or loans under certain circumstances;
4594 requiring that a special assessment, a line of credit,
4595 or a loan requires the approval of a majority vote of
4596 the total voting interests of an association;
4597 authorizing a unit-owner-controlled association to
4598 obtain a line of credit or a loan to fund capital
4599 expenses required by a milestone inspection or a
4600 structural integrity reserve study; requiring that
4601 such lines of credit or loans be sufficient to fund
4602 the cumulative amount of any previously waived or
4603 unfunded portion of the reserve funding amount and
4604 most recent structural integrity reserve study;
4605 requiring that funding from such line of credit or
4606 loan be immediately available for access by the board
4607 for a specified purpose without further approval by
4608 the members of the association; requiring that any
4609 special assessment, line of credit, or loan be
4610 included in the annual financial statement to be
4611 delivered to unit owners and provided to prospective
4612 unit purchasers; authorizing the board to temporarily
4613 pause reserve fund contributions or reduce the amount
4614 of reserve funding for a specified purpose for a
4615 budget adopted on or before a specified date if the
4616 association has completed a milestone inspection
4617 within a specified timeframe; requiring that such
4618 temporary pause or reduction be approved by a majority
4619 of the total voting interests of the association;
4620 providing applicability; requiring associations that
4621 have paused or reduced reserve funding contributions
4622 to have a structural integrity reserve study performed
4623 for specified purposes before the continuation of
4624 reserve contributions; providing that an association’s
4625 reserve accounts may be pooled for a specified number
4626 of required components; requiring that reserve funding
4627 for certain components be pooled within those
4628 components; requiring that reserve funding in the
4629 proposed annual budget be sufficient to ensure that
4630 available funds meet or exceed projected expenses for
4631 all components in the reserve pool based on the
4632 reserve funding plan or schedule of the most recent
4633 structural integrity reserve study; providing that a
4634 vote of the members is not required for the board to
4635 change the accounting method for reserves to specified
4636 accounting methods; requiring the division to annually
4637 adjust for inflation the minimum threshold amount for
4638 required reserves based on specified criteria;
4639 requiring the division, by a specified date and
4640 annually thereafter, to conspicuously post on its
4641 website the inflation-adjusted minimum threshold
4642 amount for required reserves; revising the criteria
4643 for buildings that require a structural integrity
4644 reserve study; revising the items required to be
4645 included in a structural integrity reserve study;
4646 requiring specified design professionals or
4647 contractors, rather than any person qualified to
4648 perform a structural integrity reserve study, to
4649 perform structural integrity reserve studies;
4650 requiring such design professionals or contractors who
4651 bid to perform a structural integrity reserve study to
4652 disclose in writing to the association their intent to
4653 bid on any services related to the maintenance,
4654 repair, or replacement that may be recommended by the
4655 structural integrity reserve study; prohibiting such
4656 professionals or contractors from having any interest
4657 in or being related to any person having any interest
4658 in the firm or entity providing the association’s
4659 structural integrity reserve study unless such
4660 relationship is disclosed in writing; defining the
4661 term “relative”; providing that a contract for
4662 services is voidable and terminates upon the
4663 association filing a written notice terminating such a
4664 contract if such professional or contractor fails to
4665 provide a written disclosure of such relationship with
4666 the firm conducting the structural integrity reserve
4667 study; providing that such professional or contractor
4668 may be subject to discipline for his or her failure to
4669 provide such written disclosure; requiring that a
4670 structural integrity reserve study include a
4671 recommendation for a reserve funding schedule based on
4672 specified criteria; providing that the study may
4673 recommend other types of reserve funding schedules,
4674 provided each recommended schedule is sufficient to
4675 meet the association’s maintenance obligation;
4676 requiring that reserves not required for certain items
4677 be separately identified as such in the structural
4678 integrity reserve study; requiring that the structural
4679 integrity reserve study take into consideration the
4680 funding method or methods used by the association to
4681 fund its maintenance and reserve funding obligations
4682 through regular assessments, special assessments,
4683 lines of credit, or loans; requiring that a structural
4684 integrity reserve study that has been performed before
4685 the approval of a special assessment or the securing
4686 of a line of credit or a loan be updated to reflect
4687 certain information regarding the reserve funding
4688 schedule; providing that a structural integrity
4689 reserve study may be updated to reflect changes in the
4690 useful life of the reserve items after such items are
4691 repaired or replaced, and the effect of such repair or
4692 replacement will have on the reserve funding schedule;
4693 requiring an association to obtain an updated
4694 structural integrity reserve study before adopting any
4695 budget in which the reserve funding from regular
4696 assessments, special assessments, lines of credit, or
4697 loans do not align with the funding plan from the most
4698 recent version of the structural integrity reserve
4699 study; revising applicability; authorizing an
4700 association to delay a required structural integrity
4701 reserve study for a specified timeframe if it has
4702 completed a milestone inspection or similar
4703 inspection, for a specified purpose; requiring an
4704 officer or a director of the association to sign an
4705 affidavit acknowledging receipt of the completed
4706 structural integrity reserve study; requiring the
4707 division to adopt by rule the form for the structural
4708 integrity reserve study in coordination with the
4709 Florida Building Commission; amending s. 719.128,
4710 F.S.; revising the emergency powers of a cooperative
4711 association; amending s. 719.501, F.S.; requiring a
4712 cooperative association to create and maintain an
4713 online account with the division; requiring the
4714 division to adopt rules; authorizing the division to
4715 require cooperative associations to provide
4716 information to the division no more than once per
4717 year; providing an exception; requiring the division
4718 to provide associations a specified timeframe to
4719 provide any required information; specifying the
4720 information the division may request; amending s.
4721 719.503, F.S.; revising the disclosures required to be
4722 included in a contract for the sale and resale of an
4723 interest in a cooperative; amending s. 914.21, F.S.;
4724 revising the definition of the term “official
4725 investigation”; reenacting s. 468.436(2)(b), F.S.,
4726 relating to disciplinary proceedings, to incorporate
4727 the amendment made to s. 468.4335, F.S., in a
4728 reference thereto; reenacting ss. 718.106(2)(b),
4729 718.117(4), 718.403(1)(d), and 718.405(4), F.S.,
4730 relating to condominium appurtenances, termination of
4731 condominium, phase condominiums, and
4732 multicondominiums, respectively, to incorporate the
4733 amendment made to s. 718.110, F.S., in references
4734 thereto; reenacting s. 721.13(3)(e), F.S., relating to
4735 management, to incorporate the amendment made to s.
4736 718.111, F.S., in a reference thereto; reenacting ss.
4737 718.504(7)(a) and (21)(c) and 718.618(1)(d), F.S.,
4738 relating to prospectus or offering circulars and
4739 converter reserve accounts and warranties,
4740 respectively, to incorporate the amendment made to s.
4741 718.112, F.S., in references thereto; reenacting s.
4742 718.115(1)(e), F.S., relating to common expenses and
4743 common surpluses, to incorporate the amendment made in
4744 s. 718.113, F.S., in a reference thereto; reenacting
4745 s. 718.706(1) and (3), F.S., relating to specific
4746 provisions pertaining to offering of units by bulk
4747 assignees or bulk buyers, to incorporate the
4748 amendments made to ss. 718.111, 718.112, and 718.503,
4749 F.S., in references thereto; reenacting s. 718.705(2),
4750 F.S., relating to the transfer of control of the board
4751 of administration, to incorporate the amendment made
4752 to s. 718.301, F.S., in a reference thereto;
4753 reenacting ss. 719.103(24) and 719.504(7)(a) and
4754 (20)(c), F.S., relating to definitions and prospectus
4755 or offering circulars, respectively, to incorporate
4756 the amendment made to s. 719.106, F.S., in references
4757 thereto; providing effective dates.