| 1 |
A bill to be
entitled |
| 2 |
An act relating to
community associations; amending s. |
| 3 |
718.110, F.S.; requiring
notice of a proposed amendment to |
| 4 |
the declaration to be
sent to the unit owner by certified |
| 5 |
mail; amending s.
718.111, F.S.; restricting a condominium |
| 6 |
association from waiving
a financial report for more than |
| 7 |
2 consecutive years;
providing duties for condominium |
| 8 |
boards of administration
in the event of certain |
| 9 |
casualties; providing
that certain assessments may be made |
| 10 |
against unit owners under
certain conditions; providing |
| 11 |
condominium association
guidelines for the designation of |
| 12 |
disabled parking spaces;
amending s. 718.112, F.S.; |
| 13 |
authorizing the board or
membership to determine the |
| 14 |
composition of the board
of administration under certain |
| 15 |
circumstances; requiring
the board to respond to certain |
| 16 |
inquiries by certified
mail, return receipt requested; |
| 17 |
removing a provision
allowing a condominium association to |
| 18 |
only respond once every
30 days to unit owner inquiries; |
| 19 |
providing that no action
shall be taken or resolution made |
| 20 |
without an open meeting
of the board; requiring the board |
| 21 |
to address agenda items
proposed by a petition of 20 |
| 22 |
percent of the unit
owners; revising notice procedures; |
| 23 |
revising the terms of
office and reelection of the members |
| 24 |
of a condominium
association board; providing that certain |
| 25 |
persons providing notice
of a meeting must provide an |
| 26 |
affidavit affirming that
the notices were delivered; |
| 27 |
authorizing the
association's representative to provide |
| 28 |
certain notices; removing
a provision allowing an |
| 29 |
association to print or
duplicate certain information |
| 30 |
sheets on both sides of
the paper; revising procedures |
| 31 |
relating to the filling
of a vacancy on the board; |
| 32 |
removing a provision
allowing an association to provide |
| 33 |
for different voting and
election procedures in its |
| 34 |
bylaws; authorizing unit
owners the right to have items |
| 35 |
placed on the agenda of
the annual meeting and to be voted |
| 36 |
upon under certain
conditions; requiring a vote to provide |
| 37 |
for no reserves or
percentage of reserves to be made at |
| 38 |
certain times;
authorizing the association to use reserve |
| 39 |
funds for nonscheduled
purposes under certain conditions; |
| 40 |
requiring that
assessments be made against units on a |
| 41 |
quarter-annual or more
frequent basis; providing that |
| 42 |
certain provisions shall
not preclude the right of an |
| 43 |
association to accelerate
assessments of certain owners |
| 44 |
delinquent in payment of
common expenses; providing that |
| 45 |
accelerated assessments
shall be due and payable after the |
| 46 |
claim of lien is filed;
amending s. 718.113, F.S.; |
| 47 |
requiring boards of
administration to adopt or restate |
| 48 |
hurricane shutter
specifications yearly at the annual |
| 49 |
meeting; authorizing the
board to install hurricane |
| 50 |
protection that complies
with the applicable building |
| 51 |
code; requiring the board
to have the condominium |
| 52 |
buildings periodically
inspected for structural and |
| 53 |
electrical soundness by a
professional engineer or |
| 54 |
professional architect
registered in the state; requiring |
| 55 |
the inspector to provide
a report to the association; |
| 56 |
amending s. 718.115, F.S.;
providing that a bulk contract |
| 57 |
for basic service may be
deemed a common expense; amending |
| 58 |
s. 718.116, F.S.;
removing provisions limiting the |
| 59 |
liability of a first
mortgagee or its successor or |
| 60 |
assignees who acquire
title to a unit by foreclosure or by |
| 61 |
deed; revising the order
in which payments received by the |
| 62 |
association must be
applied; restricting certain liens |
| 63 |
from being filed on a
condominium parcel until 30 days |
| 64 |
after service of a notice
of intent to file the lien; |
| 65 |
requiring that itemized
expenses and a payment schedule be |
| 66 |
included in certain
special assessments; providing that |
| 67 |
funds collected pursuant
to a special assessment shall not |
| 68 |
be commingled with any
other association funds; creating |
| 69 |
s. 718.1223, F.S.;
requiring any complaint of abuse filed |
| 70 |
with the Division of
Florida Land Sales, Condominiums, and |
| 71 |
Mobile Homes shall
immediately be investigated by the |
| 72 |
division; requiring the
division to institute enforcement |
| 73 |
proceedings under certain
circumstances; defining the term |
| 74 |
"abuse" for
purposes of the section; creating s. 718.1224, |
| 75 |
F.S.; prohibiting certain
lawsuits arising from unit |
| 76 |
owners' appearances and
presentations before a |
| 77 |
governmental entity;
providing a definition; amending s. |
| 78 |
718.1255, F.S.; requiring
the division to promptly refer |
| 79 |
certain cases to
mediation; providing that an arbitrator |
| 80 |
may refer a dispute to
mediation at any time; amending s. |
| 81 |
718.302, F.S.; conforming
provisions; amending s. |
| 82 |
718.3026, F.S.; providing
that certain contracts between a |
| 83 |
service provider and an
association shall not be for a |
| 84 |
term in excess of 3 years
and shall not contain an |
| 85 |
automatic renewal clause;
requiring that certain contracts |
| 86 |
for construction must
have the approval of an attorney |
| 87 |
hired by the association;
amending s. 718.303, F.S.; |
| 88 |
requiring that persons
subject to certain actions be |
| 89 |
notified of their
violation in a certain manner; providing |
| 90 |
a timeframe in which the
person must respond; amending s. |
| 91 |
718.501, F.S.; requiring
the division to prepare and |
| 92 |
disseminate a prospectus
and other information for use by |
| 93 |
owners, purchasers,
lessees, and developers of residential |
| 94 |
condominiums; providing
that the board member training |
| 95 |
provided by the division
shall be provided in conjunction |
| 96 |
with recommendations by
the ombudsman; amending s. |
| 97 |
718.5011, F.S.;
restricting location of the Office of the |
| 98 |
Condominium Ombudsman;
providing that the ombudsman shall |
| 99 |
exercise his or her
policymaking and other functions |
| 100 |
independently of the
Department of Business and |
| 101 |
Professional Regulation
and without approval or control of |
| 102 |
the department; requiring
the department to render |
| 103 |
administrative support
for certain matters; requiring that |
| 104 |
revenues collected by the
department for the Office of the |
| 105 |
Condominium Ombudsman be
deposited in a separate fund or |
| 106 |
account; amending s.
718.5012, F.S.; providing that the |
| 107 |
division shall process
the ombudsman's recommendations and |
| 108 |
petitions in an expedited
manner and defer to his or her |
| 109 |
findings; providing the
ombudsman with the power to order |
| 110 |
meetings between certain
parties; authorizing the |
| 111 |
ombudsman to make
recommendations to the division to |
| 112 |
pursue enforcement action
in circuit court on behalf of a |
| 113 |
class of unit owners,
lessees, or purchasers; authorizing |
| 114 |
the ombudsman to order
that any aspect of an association |
| 115 |
election be conducted by
an election monitor; authorizing |
| 116 |
the ombudsman to order an
association to implement certain |
| 117 |
remedies; authorizing the
ombudsman to order certain |
| 118 |
persons to cease and
desist from unlawful practices; |
| 119 |
repealing s. 718.50151,
F.S., to abolish the Advisory |
| 120 |
Council on Condominiums
and its functions; amending s. |
| 121 |
719.1055, F.S.; providing
that amendments restricting |
| 122 |
cooperative owners'
rights relating to the rental of units |
| 123 |
apply only to certain
unit owners; creating s. 720.4016, |
| 124 |
F.S.; creating the
Advisory Council on Mandated Properties |
| 125 |
to be located within the
division; providing membership; |
| 126 |
providing that members of
the council shall serve without |
| 127 |
compensation but are
entitled to receive per diem and |
| 128 |
travel expenses;
providing that vacancies shall be filled |
| 129 |
in the same manner as
original appointments; providing an |
| 130 |
effective date. |
| 131 |
|
| 132 |
Be It Enacted by the
Legislature of the State of Florida: |
| 133 |
|
| 134 |
Section
1. Paragraph (d) is added to subsection (1) of |
| 135 |
section 718.110, Florida
Statutes, to read: |
| 136 |
718.110 Amendment
of declaration; correction of error or |
| 137 |
omission in declaration
by circuit court.-- |
| 138 |
(1) |
| 139 |
(d) Notice
of a proposed amendment to the declaration |
| 140 |
shall
be sent to the unit owner by certified mail. |
| 141 |
Section
2. Paragraph (d) of subsection (13) of section |
| 142 |
718.111, Florida
Statutes, is amended, and subsections (15) and |
| 143 |
(16) are added to that
section, to read: |
| 144 |
718.111 The
association.-- |
| 145 |
(13) FINANCIAL
REPORTING.--Within 90 days after the end of |
| 146 |
the fiscal year, or
annually on a date provided in the bylaws, |
| 147 |
the association shall
prepare and complete, or contract for the |
| 148 |
preparation and
completion of, a financial report for the |
| 149 |
preceding fiscal year.
Within 21 days after the final financial |
| 150 |
report is completed by
the association or received from the |
| 151 |
third party, but not
later than 120 days after the end of the |
| 152 |
fiscal year or other date
as provided in the bylaws, the |
| 153 |
association shall mail to
each unit owner at the address last |
| 154 |
furnished to the
association by the unit owner, or hand deliver |
| 155 |
to each unit owner, a
copy of the financial report or a notice |
| 156 |
that a copy of the
financial report will be mailed or hand |
| 157 |
delivered to the unit
owner, without charge, upon receipt of a |
| 158 |
written request from the
unit owner. The division shall adopt |
| 159 |
rules setting forth
uniform accounting principles and standards |
| 160 |
to be used by all
associations and shall adopt rules addressing |
| 161 |
financial reporting
requirements for multicondominium |
| 162 |
associations. In adopting
such rules, the division shall |
| 163 |
consider the number of
members and annual revenues of an |
| 164 |
association. Financial
reports shall be prepared as follows: |
| 165 |
(d) If
approved by a majority of the voting interests |
| 166 |
present at a properly
called meeting of the association, an |
| 167 |
association may prepare
or cause to be prepared: |
| 168 |
1. A
report of cash receipts and expenditures in lieu of a |
| 169 |
compiled, reviewed, or
audited financial statement; |
| 170 |
2. A
report of cash receipts and expenditures or a |
| 171 |
compiled financial
statement in lieu of a reviewed or audited |
| 172 |
financial statement; or |
| 173 |
3. A
report of cash receipts and expenditures, a compiled |
| 174 |
financial statement, or a
reviewed financial statement in lieu |
| 175 |
of an audited financial
statement. |
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|
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Such meeting and approval
must occur prior to the end of the |
| 178 |
fiscal year and is
effective only for the fiscal year in which |
| 179 |
the vote is taken. With
respect to an association to which the |
| 180 |
developer has not turned
over control of the association, all |
| 181 |
unit owners, including
the developer, may vote on issues related |
| 182 |
to the preparation of
financial reports for the first 2 fiscal |
| 183 |
years of the
association's operation, beginning with the fiscal |
| 184 |
year in which the
declaration is recorded. Thereafter, all unit |
| 185 |
owners except the
developer may vote on such issues until |
| 186 |
control is turned over to
the association by the developer. |
| 187 |
Under
no circumstances may an association or board of |
| 188 |
administration
waive the financial reporting requirements of |
| 189 |
this
section for more than 2 consecutive years. |
| 190 |
(15) RECONSTRUCTION
AFTER CASUALTY.-- |
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(a) In
the event of a casualty whereby the condominium |
| 192 |
property
and units are damaged, the board of administration |
| 193 |
shall
obtain reliable and detailed estimates of the cost |
| 194 |
necessary
to repair and replace the damaged property to |
| 195 |
substantially
the same condition existing immediately prior to |
| 196 |
the
casualty and substantially in accordance with the original |
| 197 |
plans
and specifications of the condominium as soon as possible |
| 198 |
and
not later than 60 days after the casualty. If the damage to |
| 199 |
the
condominium property exceeds 50 percent of the property's |
| 200 |
value,
the condominium may be terminated unless, within 90 days |
| 201 |
after
the casualty, 75 percent of the unit owners agree to |
| 202 |
reconstruction
and repair. |
| 203 |
(b) The
board of administration shall engage the services |
| 204 |
of a
registered architect and knowledgeable construction |
| 205 |
specialists
to prepare any necessary plans and specifications |
| 206 |
and
shall receive and approve bids for reconstruction, shall |
| 207 |
execute
all necessary contracts for restoration, and shall |
| 208 |
arrange
for disbursement of construction funds, the approval of |
| 209 |
work,
and all other matters pertaining to the repairs and |
| 210 |
reconstruction
required. |
| 211 |
(c) At
any time during reconstruction and repair, or if |
| 212 |
the
proceeds of the hazard insurance policy maintained by the |
| 213 |
association
pursuant to paragraph (11)(b) are insufficient to |
| 214 |
pay
the estimated costs of reconstruction, assessments shall be |
| 215 |
made
against all unit owners according to their share of the |
| 216 |
common
elements and expenses as set forth in the declaration of |
| 217 |
condominium. |
| 218 |
(d) Assessments
shall be made against unit owners for |
| 219 |
damage
to their units according to the cost of reconstruction or |
| 220 |
repair
of their respective units. The assessments shall be |
| 221 |
levied
and collected as all other assessments are provided for |
| 222 |
in
this chapter. |
| 223 |
(16) GUEST
DISABLED PARKING SPACES.--Where guest disabled |
| 224 |
parking
is provided, the guest disabled parking spaces shall be |
| 225 |
configured
and signed pursuant to s. 553.5041. The association |
| 226 |
may
increase the number of guest disabled parking spaces, if |
| 227 |
needed.
Residents with disabilities shall not park in a disabled |
| 228 |
guest
space unless their assigned parking space is in use |
| 229 |
illegally.
Resident disabled parking shall be assigned by the |
| 230 |
board
of directors from the spaces made available by the |
| 231 |
association
pursuant to state and federal fair housing law. When |
| 232 |
a
resident has two vehicles, one equipped with a lift, the |
| 233 |
association
shall assign a second space that satisfies the needs |
| 234 |
of the
vehicle and lift operation if additional parking space is |
| 235 |
available
and unassigned. |
| 236 |
Section
3. Paragraphs (a), (b), (c), (d), (f), and (g) of |
| 237 |
subsection (2) of section
718.112, Florida Statutes, are amended |
| 238 |
to read: |
| 239 |
718.112 Bylaws.-- |
| 240 |
(2) REQUIRED
PROVISIONS.--The bylaws shall provide for the |
| 241 |
following and, if they do
not do so, shall be deemed to include |
| 242 |
the following: |
| 243 |
(a) Administration.-- |
| 244 |
1. The
form of administration of the association shall be |
| 245 |
described indicating the
title of the officers and board of |
| 246 |
administration and
specifying the powers, duties, manner of |
| 247 |
selection and removal,
and compensation, if any, of officers and |
| 248 |
boards. In the absence of
such a provision, or determination by |
| 249 |
the
board or membership, the board of administration shall be |
| 250 |
composed of five members,
except in the case of a condominium |
| 251 |
which has five or fewer
units, in which case in a not-for-profit |
| 252 |
corporation the board
shall consist of not fewer than three |
| 253 |
members. In the absence
of provisions to the contrary in the |
| 254 |
bylaws, the board of
administration shall have a president, a |
| 255 |
secretary, and a
treasurer, who shall perform the duties of such |
| 256 |
officers customarily
performed by officers of corporations. |
| 257 |
Unless prohibited in the
bylaws, the board of administration may |
| 258 |
appoint other officers
and grant them the duties it deems |
| 259 |
appropriate. Unless
otherwise provided in the bylaws, the |
| 260 |
officers shall serve
without compensation and at the pleasure of |
| 261 |
the board of
administration. Unless otherwise provided in the |
| 262 |
bylaws, the members of
the board shall serve without |
| 263 |
compensation. |
| 264 |
2. When
a unit owner files a written inquiry by certified |
| 265 |
mail with the board of
administration, the board shall respond |
| 266 |
in writing by
certified mail, return receipt requested, to the |
| 267 |
unit owner within 30 days
of receipt of the inquiry. The board's |
| 268 |
response shall either
give a substantive response to the |
| 269 |
inquirer, notify the
inquirer that a legal opinion has been |
| 270 |
requested, or notify the
inquirer that advice has been requested |
| 271 |
from the division. If the
board requests advice from the |
| 272 |
division, the board
shall, within 10 days of its receipt of the |
| 273 |
advice, provide in
writing a substantive response to the |
| 274 |
inquirer. If a legal
opinion is requested, the board shall, |
| 275 |
within 60 days after the
receipt of the inquiry, provide in |
| 276 |
writing a substantive
response to the inquiry. The failure to |
| 277 |
provide a substantive
response to the inquiry as provided herein |
| 278 |
precludes the board from
recovering attorney's fees and costs in |
| 279 |
any subsequent
litigation, administrative proceeding, or |
| 280 |
arbitration arising out
of the inquiry. The association may |
| 281 |
through
its board of administration adopt reasonable rules and |
| 282 |
regulations
regarding the frequency and manner of responding to |
| 283 |
unit
owner inquiries, one of which may be that the association |
| 284 |
is
only obligated to respond to one written inquiry per unit in |
| 285 |
any
given 30-day period. In such a case, any additional inquiry |
| 286 |
or
inquiries must be responded to in the subsequent 30-day |
| 287 |
period,
or periods, as applicable. |
| 288 |
(b) Quorum;
voting requirements; proxies.-- |
| 289 |
1. Unless
a lower number is provided in the bylaws, the |
| 290 |
percentage of voting
interests required to constitute a quorum |
| 291 |
at a meeting of the
members shall be a majority of the voting |
| 292 |
interests. Unless
otherwise provided in this chapter or in the |
| 293 |
declaration, articles of
incorporation, or bylaws, and except as |
| 294 |
provided in subparagraph
(d)3., decisions shall be made by |
| 295 |
owners of a majority of
the voting interests represented at a |
| 296 |
meeting at which a quorum
is present. |
| 297 |
2. Except
as specifically otherwise provided herein, after |
| 298 |
January 1, 1992, unit
owners may not vote by general proxy, but |
| 299 |
may vote by limited
proxies substantially conforming to a |
| 300 |
limited proxy form
adopted by the division. Limited proxies and |
| 301 |
general proxies may be
used to establish a quorum. Limited |
| 302 |
proxies shall be used for
votes taken to waive or reduce |
| 303 |
reserves in accordance
with subparagraph (f)2.; for votes taken |
| 304 |
to waive the financial
reporting requirements of s. 718.111(13); |
| 305 |
for votes taken to amend
the declaration pursuant to s. 718.110; |
| 306 |
for votes taken to amend
the articles of incorporation or bylaws |
| 307 |
pursuant to this section;
and for any other matter for which |
| 308 |
this chapter requires or
permits a vote of the unit owners. |
| 309 |
Except
as provided in paragraph (d), after January 1, 1992, No |
| 310 |
proxy, limited or
general, shall be used in the election of |
| 311 |
board members. General
proxies may be used for other matters for |
| 312 |
which limited proxies are
not required, and may also be used in |
| 313 |
voting for nonsubstantive
changes to items for which a limited |
| 314 |
proxy is required and
given. Notwithstanding the provisions of |
| 315 |
this subparagraph, unit
owners may vote in person at unit owner |
| 316 |
meetings. Nothing
contained herein shall limit the use of |
| 317 |
general proxies or
require the use of limited proxies for any |
| 318 |
agenda item or election
at any meeting of a timeshare |
| 319 |
condominium association. |
| 320 |
3. Any
proxy given shall be effective only for the |
| 321 |
specific meeting for
which originally given and any lawfully |
| 322 |
adjourned meetings
thereof. In no event shall any proxy be valid |
| 323 |
for a period longer than
90 days after the date of the first |
| 324 |
meeting for which it was
given. Every proxy is revocable at any |
| 325 |
time at the pleasure of
the unit owner executing it. |
| 326 |
4. A
member of the board of administration or a committee |
| 327 |
may submit in writing his
or her agreement or disagreement with |
| 328 |
any action taken at a
meeting that the member did not attend. |
| 329 |
This agreement or
disagreement may not be used as a vote for or |
| 330 |
against the action taken
and may not be used for the purposes of |
| 331 |
creating a quorum. |
| 332 |
5. When
any of the board or committee members meet by |
| 333 |
telephone conference,
those board or committee members attending |
| 334 |
by telephone conference
may be counted toward obtaining a quorum |
| 335 |
and may vote by
telephone. A telephone speaker must be used so |
| 336 |
that the conversation of
those board or committee members |
| 337 |
attending by telephone
may be heard by the board or committee |
| 338 |
members attending in
person as well as by any unit owners |
| 339 |
present at a meeting. |
| 340 |
(c) Board
of administration meetings.--Meetings of the |
| 341 |
board of administration
at which a quorum of the members is |
| 342 |
present shall be open to
all unit owners. No action shall be |
| 343 |
taken
or resolution made without an open meeting of the board of |
| 344 |
administration.
The board of administration shall address agenda |
| 345 |
items
proposed by a petition of 20 percent of the unit owners. |
| 346 |
Any unit owner may tape
record or videotape meetings of the |
| 347 |
board of administration.
The right to attend such meetings |
| 348 |
includes the right to
speak at such meetings with reference to |
| 349 |
all designated agenda
items. The division shall adopt reasonable |
| 350 |
rules governing the tape
recording and videotaping of the |
| 351 |
meeting. The association
may adopt written reasonable rules |
| 352 |
governing the frequency,
duration, and manner of unit owner |
| 353 |
statements. Adequate
notice of all meetings, which notice shall |
| 354 |
specifically incorporate
an identification of agenda items, |
| 355 |
shall be posted
conspicuously on the condominium property at |
| 356 |
least 48 continuous hours
preceding the meeting except in an |
| 357 |
emergency. Any item not
included on the notice may be taken up |
| 358 |
on an emergency basis by
at least a majority plus one of the |
| 359 |
members of the board or
by a petition of 20 percent of the unit |
| 360 |
owners.
Such emergency action shall be noticed and ratified at |
| 361 |
the next regular meeting
of the board. However, written notice |
| 362 |
of any meeting at which
nonemergency special assessments, or at |
| 363 |
which amendment to rules
regarding unit use, will be considered |
| 364 |
shall be mailed,
delivered, or electronically transmitted to the |
| 365 |
unit owners and posted
conspicuously on the condominium property |
| 366 |
not less than 14 days
prior to the meeting. Evidence of |
| 367 |
compliance with this
14-day notice shall be made by an affidavit |
| 368 |
executed by the person
providing the notice and filed among the |
| 369 |
official records of the
association. Upon notice to the unit |
| 370 |
owners, the board shall
by duly adopted rule designate a |
| 371 |
specific location on the
condominium property or association |
| 372 |
property upon which all
notices of board meetings shall be |
| 373 |
posted. If there is no
condominium property or association |
| 374 |
property upon which
notices can be posted, notices of board |
| 375 |
meetings shall be mailed,
delivered, or electronically |
| 376 |
transmitted at least 14
days before the meeting to the owner of |
| 377 |
each unit. In lieu of or
in addition to the physical posting of |
| 378 |
notice of any meeting of
the board of administration on the |
| 379 |
condominium property, the
association may, by reasonable rule, |
| 380 |
adopt a procedure for
conspicuously posting and repeatedly |
| 381 |
broadcasting the notice
and the agenda on a closed-circuit cable |
| 382 |
television system serving
the condominium association. However, |
| 383 |
if broadcast notice is
used in lieu of a notice posted |
| 384 |
physically on the
condominium property, the notice and agenda |
| 385 |
must be broadcast at
least four times every broadcast hour of |
| 386 |
each day that a posted
notice is otherwise required under this |
| 387 |
section. When broadcast
notice is provided, the notice and |
| 388 |
agenda must be broadcast
in a manner and for a sufficient |
| 389 |
continuous length of time
so as to allow an average reader to |
| 390 |
observe the notice and
read and comprehend the entire content of |
| 391 |
the notice and the
agenda. Notice of any meeting in which |
| 392 |
regular or
special assessments against unit owners are to be |
| 393 |
considered for any reason
shall specifically contain a statement |
| 394 |
that assessments will be
considered and the nature, cost, and |
| 395 |
breakdown
of any such assessments. Meetings of a committee to |
| 396 |
take final action on
behalf of the board or make recommendations |
| 397 |
to the board regarding
the association budget are subject to the |
| 398 |
provisions of this
paragraph. Meetings of a committee that does |
| 399 |
not take final action on
behalf of the board or make |
| 400 |
recommendations to the
board regarding the association budget |
| 401 |
are subject to the
provisions of this section, unless those |
| 402 |
meetings are exempted
from this section by the bylaws of the |
| 403 |
association.
Notwithstanding any other law, the requirement that |
| 404 |
board meetings and
committee meetings be open to the unit owners |
| 405 |
is inapplicable to
meetings between the board or a committee and |
| 406 |
the association's
attorney, with respect to proposed or pending |
| 407 |
litigation, when the
meeting is held for the purpose of seeking |
| 408 |
or rendering legal
advice. |
| 409 |
(d) Unit
owner meetings.-- |
| 410 |
1. There
shall be an annual meeting of the unit owners. |
| 411 |
Unless the bylaws provide
otherwise, a vacancy on the board |
| 412 |
caused by the expiration
of a director's term shall be filled by |
| 413 |
electing a new board
member, and the election shall be by secret |
| 414 |
ballot; however, if the
number of vacancies equals or exceeds |
| 415 |
the number of candidates,
no election is required. If there is |
| 416 |
no provision in the
bylaws for terms of the members of the |
| 417 |
board, the terms of all
members of the board shall expire upon |
| 418 |
the election of their
successors at the annual meeting. A unit |
| 419 |
owner
may not serve on the board as a director for more than two |
| 420 |
terms
or longer than 4 years. A member may not serve as an |
| 421 |
officer
of the corporation for more that one term. Co-owners of a |
| 422 |
unit
may not serve as members of the board of administration |
| 423 |
during
the same fiscal year. Any unit owner desiring to be a |
| 424 |
candidate for board
membership shall comply with subparagraph 3. |
| 425 |
A person who has been
convicted of any felony by any court of |
| 426 |
record in the United
States and who has not had his or her right |
| 427 |
to vote restored pursuant
to law in the jurisdiction of his or |
| 428 |
her residence is not
eligible for board membership. The validity |
| 429 |
of an action by the board
is not affected if it is later |
| 430 |
determined that a member
of the board is ineligible for board |
| 431 |
membership due to having
been convicted of a felony. |
| 432 |
2. The
bylaws shall provide the method of calling meetings |
| 433 |
of unit owners, including
annual meetings. Written notice, which |
| 434 |
notice must include an
agenda, shall be mailed, hand delivered, |
| 435 |
or electronically
transmitted to each unit owner at least 14 |
| 436 |
days prior to the annual
meeting and shall be posted in a |
| 437 |
conspicuous place on the
condominium property at least 14 |
| 438 |
continuous days preceding
the annual meeting. Upon notice to the |
| 439 |
unit owners, the board
shall by duly adopted rule designate a |
| 440 |
specific location on the
condominium property or association |
| 441 |
property upon which all
notices of unit owner meetings shall be |
| 442 |
posted; however, if there
is no condominium property or |
| 443 |
association property upon
which notices can be posted, this |
| 444 |
requirement does not
apply. In lieu of or in addition to the |
| 445 |
physical posting of
notice of any meeting of the unit owners on |
| 446 |
the condominium property,
the association may, by reasonable |
| 447 |
rule, adopt a procedure
for conspicuously posting and repeatedly |
| 448 |
broadcasting the notice
and the agenda on a closed-circuit cable |
| 449 |
television system serving
the condominium association. However, |
| 450 |
if broadcast notice is
used in lieu of a notice posted |
| 451 |
physically on the
condominium property, the notice and agenda |
| 452 |
must be broadcast at
least four times every broadcast hour of |
| 453 |
each day that a posted
notice is otherwise required under this |
| 454 |
section. When broadcast
notice is provided, the notice and |
| 455 |
agenda must be broadcast
in a manner and for a sufficient |
| 456 |
continuous length of time
so as to allow an average reader to |
| 457 |
observe the notice and
read and comprehend the entire content of |
| 458 |
the notice and the
agenda. Unless a unit owner waives in writing |
| 459 |
the right to receive
notice of the annual meeting, such notice |
| 460 |
shall be hand delivered,
mailed, or electronically transmitted |
| 461 |
to each unit owner.
Notice for meetings and notice for all other |
| 462 |
purposes shall be mailed
to each unit owner at the address last |
| 463 |
furnished to the
association by the unit owner, or hand |
| 464 |
delivered to each unit
owner. However, if a unit is owned by |
| 465 |
more than one person, the
association shall provide notice, for |
| 466 |
meetings and all other
purposes, to that one address which the |
| 467 |
developer initially
identifies for that purpose and thereafter |
| 468 |
as one or more of the
owners of the unit shall so advise the |
| 469 |
association in writing,
or if no address is given or the owners |
| 470 |
of the unit do not agree,
to the address provided on the deed of |
| 471 |
record. An officer of the
association, or the manager or other |
| 472 |
person providing the
first notice of the association meeting, |
| 473 |
and
the second notice as set forth in subparagraph 3., shall |
| 474 |
provide an affidavit or
United States Postal Service certificate |
| 475 |
of mailing, to be
included in the official records of the |
| 476 |
association affirming
that the first and second notices were |
| 477 |
notice
was mailed or hand delivered, in accordance with this |
| 478 |
provision. |
| 479 |
3. The
members of the board shall be elected by written |
| 480 |
ballot or voting machine.
Proxies shall in no event be used in |
| 481 |
electing the board,
either in general elections or elections to |
| 482 |
fill vacancies caused by
recall, resignation, or otherwise, |
| 483 |
unless otherwise provided
in this chapter. Not less than 60 days |
| 484 |
before a scheduled
election, the association or its |
| 485 |
representative
shall mail, deliver, or electronically transmit, |
| 486 |
whether by separate
association mailing or included in another |
| 487 |
association mailing,
delivery, or transmission, including |
| 488 |
regularly published
newsletters, to each unit owner entitled to |
| 489 |
a vote, a first notice of
the date of the election. Any unit |
| 490 |
owner or other eligible
person desiring to be a candidate for |
| 491 |
the board must give
written notice to the association or its |
| 492 |
representative
not less than 40 days before a scheduled |
| 493 |
election. Together with
the written notice and agenda as set |
| 494 |
forth in subparagraph 2.,
the association or its representative |
| 495 |
shall mail, deliver, or
electronically transmit a second notice |
| 496 |
of the election to all
unit owners entitled to vote therein, |
| 497 |
together with a ballot
which shall list all candidates. Upon |
| 498 |
request of a candidate,
the association or its representative |
| 499 |
shall include an
information sheet, no larger than 81/2 inches |
| 500 |
by 11 inches, which must
be furnished by the candidate not less |
| 501 |
than 35 days before the
election, to be included with the |
| 502 |
mailing, delivery, or
transmission of the ballot, with the costs |
| 503 |
of mailing, delivery, or
electronic transmission and copying to |
| 504 |
be borne by the
association. The association is not liable for |
| 505 |
the contents of the
information sheets prepared by the |
| 506 |
candidates. In
order to reduce costs, the association may print |
| 507 |
or
duplicate the information sheets on both sides of the paper. |
| 508 |
The division shall by
rule establish voting procedures |
| 509 |
consistent with the
provisions contained herein, including rules |
| 510 |
establishing procedures
for giving notice by electronic |
| 511 |
transmission and rules
providing for the secrecy of ballots. |
| 512 |
Elections shall be
decided by a plurality of those ballots cast. |
| 513 |
There shall be no quorum
requirement; however, at least 20 |
| 514 |
percent of the eligible
voters must cast a ballot in order to |
| 515 |
have a valid election of
members of the board. No unit owner |
| 516 |
shall permit any other
person to vote his or her ballot, and any |
| 517 |
such ballots improperly
cast shall be deemed invalid, provided |
| 518 |
any unit owner who
violates this provision may be fined by the |
| 519 |
association in accordance
with s. 718.303. A unit owner who |
| 520 |
needs assistance in
casting the ballot for the reasons stated in |
| 521 |
s. 101.051 may obtain
assistance in casting the ballot. The |
| 522 |
regular election shall
occur on the date of the annual meeting. |
| 523 |
The provisions of this
subparagraph shall not apply to timeshare |
| 524 |
condominium associations.
Notwithstanding the provisions of this |
| 525 |
subparagraph, an election
is not required unless more candidates |
| 526 |
file notices of intent to
run or are nominated than board |
| 527 |
vacancies exist. |
| 528 |
4. Any
approval by unit owners called for by this chapter |
| 529 |
or the applicable
declaration or bylaws, including, but not |
| 530 |
limited to, the approval
requirement in s. 718.111(8), shall be |
| 531 |
made at a duly noticed
meeting of unit owners and shall be |
| 532 |
subject to all
requirements of this chapter or the applicable |
| 533 |
condominium documents
relating to unit owner decision making, |
| 534 |
except that unit owners
may take action by written agreement, |
| 535 |
without meetings, on
matters for which action by written |
| 536 |
agreement without
meetings is expressly allowed by the |
| 537 |
applicable bylaws or
declaration or any statute that provides |
| 538 |
for such action. |