| 1 |
A bill to be entitled |
| 2 |
An act relating to community
associations; amending s. |
| 3 |
468.431, F.S.; defining the term
"community association |
| 4 |
management firm"; redefining the
term "community |
| 5 |
association manager" to apply
only to natural persons; |
| 6 |
amending s. 468.4315, F.S.; revising
membership criteria |
| 7 |
for members of the Regulatory Council
of Community |
| 8 |
Association Managers; requiring the
council to establish a |
| 9 |
public education program; providing
for council members to |
| 10 |
serve without compensation but be
entitled to receive per |
| 11 |
diem and travel expenses; providing
responsibilities of |
| 12 |
the council; amending s. 468.432, F.S.;
providing for the |
| 13 |
licensure of community association
management firms; |
| 14 |
providing application, licensure, and
fee requirements; |
| 15 |
providing for the cancellation of the
license of a |
| 16 |
community association management firm
under certain |
| 17 |
circumstances; providing that such
firm or similar |
| 18 |
organization agrees that, by being
licensed, it shall |
| 19 |
employ only licensed persons
providing certain services; |
| 20 |
amending s. 468.433, F.S.; providing
for the refusal of an |
| 21 |
applicant certification under certain
circumstances; |
| 22 |
amending s. 468.436, F.S.; requiring
the Department of |
| 23 |
Business and Professional Regulation
to investigate |
| 24 |
certain complaints and allegations;
providing complaint |
| 25 |
and investigation procedures;
providing grounds for which |
| 26 |
disciplinary action may be taken;
amending s. 718.111, |
| 27 |
F.S.; providing duties of officers,
directors, and agents |
| 28 |
of a condominium association and
liability for monetary |
| 29 |
damages under certain circumstances;
providing that a |
| 30 |
person who knowingly or intentionally
fails to create or |
| 31 |
maintain, or who defaces or destroys
certain records, is |
| 32 |
subject to civil penalties as
prescribed by state law; |
| 33 |
requiring that a copy of the
inspection report be |
| 34 |
maintained as an official record of
the association; |
| 35 |
requiring official records of the
association to be |
| 36 |
maintained for a specified minimum
period and be made |
| 37 |
available at certain locations and in
specified formats; |
| 38 |
providing that any person who
knowingly or intentionally |
| 39 |
defaces, destroys, or fails to create
or maintain |
| 40 |
accounting records is subject to
civil and criminal |
| 41 |
sanctions; prohibiting accessibility
to certain personal |
| 42 |
identifying information of unit
owners by fellow unit |
| 43 |
owners; requiring that the Division
of Florida Land Sales, |
| 44 |
Condominiums, and Mobile Homes of the
Department of |
| 45 |
Business and Professional Regulation
adopt certain rules; |
| 46 |
requiring certain audits and reports
to be paid for by the |
| 47 |
developer if done before control of
the association is |
| 48 |
turned over; restricting a
condominium association from |
| 49 |
waiving a financial report for more
than a specified |
| 50 |
period; amending s. 718.112, F.S.;
prohibiting a voting |
| 51 |
interest or a consent right allocated
to a unit owner from |
| 52 |
being exercised under certain
circumstances; requiring the |
| 53 |
board to address certain agenda items
proposed by a |
| 54 |
petition of a specified percentage of
the unit owners; |
| 55 |
providing requirements for the
location of annual unit |
| 56 |
owner meetings; revising terms of
service for board |
| 57 |
members; prohibiting certain persons
from serving on the |
| 58 |
board; requiring the association to
provide a |
| 59 |
certification form to unit owners for
specified purposes; |
| 60 |
authorizing an association consisting
of a specified |
| 61 |
maximum number of units to provide
for different voting |
| 62 |
and election procedures in its bylaws
by affirmative vote |
| 63 |
of a majority of the association's
voting interests; |
| 64 |
revising requirements related to the
annual budget; |
| 65 |
requiring proxy questions relating to
reserves to contain |
| 66 |
a specified statement; providing for
the removal of board |
| 67 |
members under certain circumstances;
requiring that |
| 68 |
directors who are delinquent in
certain payments owed in |
| 69 |
excess of certain periods of time be
suspended from office |
| 70 |
or deemed to have abandoned their
offices; requiring that |
| 71 |
directors charged with certain
offenses involving an |
| 72 |
association's funds or property be
suspended from office |
| 73 |
pending resolution of the charge;
providing for the |
| 74 |
reinstatement of such officers or
directors under certain |
| 75 |
circumstances; amending s. 718.1124,
F.S.; providing that |
| 76 |
any unit owner may give notice of his
or her intent to |
| 77 |
apply to the circuit court for the
appointment of a |
| 78 |
receiver to manage the affairs of the
association under |
| 79 |
certain circumstances; providing a
form for such notice; |
| 80 |
providing for the delivery of such
notice; providing |
| 81 |
procedures for resolving a petition
submitted pursuant to |
| 82 |
such notice; requiring that all unit
owners be provided |
| 83 |
written notice of the appointment of
a receiver; amending |
| 84 |
s. 718.113, F.S.; providing a
statement of clarification; |
| 85 |
authorizing the board to install
certain hurricane |
| 86 |
protection; prohibiting the board
from installing |
| 87 |
hurricane shutters under certain
circumstances; providing |
| 88 |
for the maintenance, repair, and
replacement of hurricane |
| 89 |
shutters or other hurricane
protection; prohibiting a |
| 90 |
board from refusing to approve the
installation or |
| 91 |
replacement of hurricane shutters by
a unit owner under |
| 92 |
certain conditions; requiring that
the board inspect |
| 93 |
certain condominium buildings and
issue a report |
| 94 |
thereupon; providing an exception;
prohibiting the board |
| 95 |
from refusing a request for
reasonable accommodation for |
| 96 |
the attachment to a unit of religious
objects meeting |
| 97 |
certain size specifications; amending
s. 718.115, F.S.; |
| 98 |
providing the expense of
installation, replacement, |
| 99 |
operation, repair, and maintenance of
hurricane shutters |
| 100 |
or other hurricane protection shall
constitute either a |
| 101 |
common expense or shall be charged
individually to the |
| 102 |
unit owners under certain conditions;
amending s. 718.117, |
| 103 |
F.S.; requiring that all unit owners
be provided written |
| 104 |
notice of the appointment of a
receiver; providing for the |
| 105 |
delivery of such notice; amending s.
718.121, F.S.; |
| 106 |
providing requirements and
restrictions for liens filed by |
| 107 |
the association against a condominium
unit; providing for |
| 108 |
notice and delivery thereof; creating
s. 718.1224, F.S.; |
| 109 |
prohibiting strategic lawsuits
against public |
| 110 |
participation; providing legislative
findings and intent; |
| 111 |
prohibiting a governmental entity,
business organization, |
| 112 |
or individual from filing certain
lawsuits made upon |
| 113 |
specified bases against a unit owner;
providing rights of |
| 114 |
a unit owner who has been served with
such a lawsuit; |
| 115 |
providing procedures for the
resolution of claims that |
| 116 |
such suit violates certain provisions
of state law; |
| 117 |
providing for the award of damages
and attorney's fees; |
| 118 |
prohibiting associations from
expending association funds |
| 119 |
in prosecuting such a suit against a
unit owner; amending |
| 120 |
s. 718.1255, F.S.; revising
legislative intent concerning |
| 121 |
alternative dispute resolution;
creating s. 718.1265, |
| 122 |
F.S.; authorizing an association to
exercise certain |
| 123 |
powers in instances involving damage
caused by an event |
| 124 |
for which a state of emergency has
been declared; limiting |
| 125 |
the applicability of such powers;
creating s. 718.127, |
| 126 |
F.S.; requiring that all unit owners
be provided written |
| 127 |
notice of the appointment of a
receiver; providing for the |
| 128 |
delivery of such notice; amending s.
718.301, F.S.; |
| 129 |
providing circumstances under which
unit owners other than |
| 130 |
a developer may elect not fewer than
a majority of the |
| 131 |
members of the board of
administration of an association; |
| 132 |
requiring a turnover inspection
report; requiring that the |
| 133 |
report contain certain information;
amending s. 718.3025, |
| 134 |
F.S.; requiring that maintenance and
management services |
| 135 |
contracts disclose certain
information; amending s. |
| 136 |
718.3026, F.S.; revising a provision
authorizing certain |
| 137 |
associations to opt out of provisions
relating to |
| 138 |
contracts for products and services;
removing provisions |
| 139 |
relating to competitive bid
requirements for contracts |
| 140 |
executed before a specified date;
providing requirements |
| 141 |
for any contract or transaction
between an association and |
| 142 |
one or more of its directors or any
other entity in which |
| 143 |
one or more of its directors are
directors or officers or |
| 144 |
have a financial interest; amending
s. 718.303, F.S.; |
| 145 |
providing that hearings regarding
noncompliance with a |
| 146 |
declaration be held before certain
persons; amending s. |
| 147 |
718.501, F.S.; providing authority
and responsibilities of |
| 148 |
the division; providing for
enforcement actions brought by |
| 149 |
the division in its own name;
providing for the imposition |
| 150 |
of penalties by the division;
requiring that the division |
| 151 |
issue a subpoena requiring production
of certain requested |
| 152 |
records under certain circumstances;
providing for the |
| 153 |
issuance of notice of a declaratory
statement with respect |
| 154 |
to documents governing a condominium
community; requiring |
| 155 |
that the division provide training
and education for |
| 156 |
condominium association board members
and unit owners; |
| 157 |
authorizing the division to include
certain training |
| 158 |
components and review or approve
training programs offered |
| 159 |
by providers; requiring that certain
individuals cooperate |
| 160 |
with the division in any
investigation conducted by the |
| 161 |
division; amending s. 718.5012, F.S.;
providing additional |
| 162 |
powers of the ombudsman; amending s.
718.50151, F.S.; |
| 163 |
redesignating the Advisory Council on
Condominiums as the |
| 164 |
"Community Association Living
Study Council"; providing |
| 165 |
for the creation of the council;
revising legislative |
| 166 |
intent with respect to the
appointment of council members; |
| 167 |
providing functions of the council;
amending s. 718.503, |
| 168 |
F.S.; providing for disclosure of
certain information upon |
| 169 |
the sale of a unit by a nondeveloper;
requiring the |
| 170 |
provision of a governance form by the
seller to the |
| 171 |
prospective buyer; requiring that
such form contain |
| 172 |
certain information and a specified
statement; providing |
| 173 |
an effective date. |
| 174 |
|
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Be It Enacted by the Legislature of
the State of Florida: |
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|
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Section
1. Section 468.431, Florida Statutes, is amended |
| 178 |
to read: |
| 179 |
468.431 Definitions.--As
used in this part: |
| 180 |
(1) "Community
association" means a residential |
| 181 |
homeowners' association in which
membership is a condition of |
| 182 |
ownership of a unit in a planned unit
development, or of a lot |
| 183 |
for a home or a mobile home, or of a
townhouse, villa, |
| 184 |
condominium, cooperative, or other
residential unit which is |
| 185 |
part of a residential development
scheme and which is authorized |
| 186 |
to impose a fee which may become a
lien on the parcel. |
| 187 |
(2) "Community
association management" means any of the |
| 188 |
following practices requiring
substantial specialized knowledge, |
| 189 |
judgment, and managerial skill when
done for remuneration and |
| 190 |
when the association or associations
served contain more than 10 |
| 191 |
50
units or have an annual budget or budgets in excess of |
| 192 |
$100,000: controlling or disbursing
funds of a community |
| 193 |
association, preparing budgets or
other financial documents for |
| 194 |
a community association, assisting in
the noticing or conduct of |
| 195 |
community association meetings, and
coordinating maintenance for |
| 196 |
the residential development and other
day-to-day services |
| 197 |
involved with the operation of a
community association. A person |
| 198 |
who performs clerical or ministerial
functions under the direct |
| 199 |
supervision and control of a licensed
manager or who is charged |
| 200 |
only with performing the maintenance
of a community association |
| 201 |
and who does not assist in any of the
management services |
| 202 |
described in this subsection is not
required to be licensed |
| 203 |
under this part. |
| 204 |
(3) "Community
association management firm" means a |
| 205 |
corporation,
limited liability company, partnership, trust, |
| 206 |
association, sole
proprietorship, or other similar organization |
| 207 |
engaging in the
business of community association management for |
| 208 |
the purpose of
providing any of the services described in |
| 209 |
subsection (2). |
| 210 |
(4)(3) "Community
association manager" means a natural |
| 211 |
person who is licensed pursuant to
this part to perform |
| 212 |
community association management
services. |
| 213 |
(5)(4) "Council"
means the Regulatory Council of Community |
| 214 |
Association Managers. |
| 215 |
(6)(5) "Department"
means the Department of Business and |
| 216 |
Professional Regulation. |
| 217 |
Section
2. Section 468.4315, Florida Statutes, is amended |
| 218 |
to read: |
| 219 |
468.4315 Regulatory
Council of Community Association |
| 220 |
Managers.-- |
| 221 |
(1) The
Regulatory Council of Community Association |
| 222 |
Managers is created within the
department and shall consist of |
| 223 |
seven members appointed by the
Governor and confirmed by the |
| 224 |
Senate. |
| 225 |
(a) Five
members of the council shall be licensed |
| 226 |
community association managers, one
of whom may shall
be a |
| 227 |
community association manager
employed by a timeshare managing |
| 228 |
entity as described in ss. 468.438
and 721.13, who have held an |
| 229 |
active license for at
least 5 years. The remaining two council |
| 230 |
members shall be residents of this
state, and must not be or |
| 231 |
ever have been connected with the
business of community |
| 232 |
association management,
and shall not be prohibited from serving |
| 233 |
because the member
is or has been a resident or board member of |
| 234 |
a community
association. |
| 235 |
(b) The
Governor shall appoint members for terms of 4 |
| 236 |
years. Such members shall serve until
their successors are |
| 237 |
appointed. Members' service on the
council shall begin upon |
| 238 |
appointment and shall continue until
their successors are |
| 239 |
appointed. |
| 240 |
(2) The
council may adopt rules relating to the licensure |
| 241 |
examination, continuing education
requirements, continuing |
| 242 |
education providers, fees, and
professional practice standards |
| 243 |
to assist the department in carrying
out the duties and |
| 244 |
authorities conferred upon the
department by this part. |
| 245 |
(3) To
the extent the council is authorized to exercise |
| 246 |
functions otherwise exercised by a
board pursuant to chapter |
| 247 |
455, the provisions of chapter 455
and s. 20.165 relating to |
| 248 |
regulatory boards shall apply,
including, but not limited to, |
| 249 |
provisions relating to board rules
and the accountability and |
| 250 |
liability of board members. All
proceedings and actions of the |
| 251 |
council are subject to the provisions
of chapter 120. In |
| 252 |
addition, the provisions of chapter
455 and s. 20.165 shall |
| 253 |
apply to the department in carrying
out the duties and |
| 254 |
authorities conferred upon the
department by this part. |
| 255 |
(4) The
council may establish a public education program |
| 256 |
relating to
professional community association management. |
| 257 |
(5) Members
of the council shall serve without |
| 258 |
compensation but
are entitled to receive per diem and travel |
| 259 |
expenses pursuant
to s. 112.061 while carrying out business |
| 260 |
approved by the
council. |
| 261 |
(6) The
responsibilities of the council shall include, but |
| 262 |
not be limited to: |
| 263 |
(a) Receiving
input regarding issues of concern with |
| 264 |
respect to
community association management and recommendations |
| 265 |
for changes in
applicable laws. |
| 266 |
(b) Reviewing,
evaluating, and advising the division |
| 267 |
concerning
revisions and adoption of rules affecting community |
| 268 |
association
management. |
| 269 |
(c) Recommending
improvements, if needed, in the education |
| 270 |
programs offered
by the division. |
| 271 |
Section
3. Section 468.432, Florida Statutes, is amended |
| 272 |
to read: |
| 273 |
468.432 Licensure
of community association managers and |
| 274 |
community
association management firms; exceptions.-- |
| 275 |
(1) A
person shall not manage or hold herself or himself |
| 276 |
out to the public as being able to
manage a community |
| 277 |
association in this state unless she
or he is licensed by the |
| 278 |
department in accordance with the
provisions of this part. |
| 279 |
However, nothing in this part
prohibits any person licensed in |
| 280 |
this state under any other law or
court rule from engaging in |
| 281 |
the profession for which she or he is
licensed. |
| 282 |
(2) As
of January 1, 2009, a community association |
| 283 |
management firm or
other similar organization responsible for |
| 284 |
the management of
more than 10 units or a budget of $100,000 or |
| 285 |
greater shall not
engage or hold itself out to the public as |
| 286 |
being able to
engage in the business of community association |
| 287 |
management in this
state unless it is licensed by the department |
| 288 |
as a community
association management firm in accordance with |
| 289 |
the provisions of
this part. |
| 290 |
(a) A
community association management firm or other |
| 291 |
similar
organization desiring to be licensed as a community |
| 292 |
association
management firm shall apply to the department on a |
| 293 |
form approved by
the department together with the application |
| 294 |
and licensure fees
required by s. 468.435(1)(a) and (c). Each |
| 295 |
community
association management firm applying for licensure |
| 296 |
under this
subsection must be actively registered and authorized |
| 297 |
to do business in
this state. |
| 298 |
(b) Each
applicant shall designate on its application a |
| 299 |
licensed community
association manager who shall be required to |
| 300 |
respond to all
inquires from and investigations by the |
| 301 |
department or
division. |
| 302 |
(c) Each
licensed community association management firm |
| 303 |
shall notify the
department within 30 days after any change of |
| 304 |
information
contained in the application upon which licensure is |
| 305 |
based. |
| 306 |
(d) Community
association management firm licenses shall |
| 307 |
expire on
September 30 of odd-numbered years and shall be |
| 308 |
renewed every 2
years. An application for renewal shall be |
| 309 |
accompanied by the
renewal fee as required by s. 468.435(1)(d). |
| 310 |
(e) The
department shall license each applicant whom the |
| 311 |
department
certifies as meeting the requirements of this |
| 312 |
subsection. |
| 313 |
(f) If
the license of at least one individual active |
| 314 |
community
association manager member is not in force, the |
| 315 |
license of the
community association management firm or other |
| 316 |
similar
organization is canceled automatically during that time. |
| 317 |
(g) Any
community association management firm or other |
| 318 |
similar
organization agrees by being licensed that it will |
| 319 |
employ only
licensed persons in the direct provision of |
| 320 |
community
association management services as described in s. |
| 321 |
468.431(3). |
| 322 |
(2) Nothing
in this part prohibits a corporation, |
| 323 |
partnership,
trust, association, or other like organization from |
| 324 |
engaging in the
business of community association management |
| 325 |
without being
licensed if it employs licensed natural persons in |
| 326 |
the direct
provision of community association management |
| 327 |
services. Such
corporation, partnership, trust, association, or |
| 328 |
other organization
shall also file with the department a |
| 329 |
statement on a
form approved by the department that it submits |
| 330 |
itself to the
rules of the council and the department and the |
| 331 |
provisions of this
part which the department deems applicable. |
| 332 |
Section
4. Subsections (2) and (4) of section 468.433, |
| 333 |
Florida Statutes, are amended to
read: |
| 334 |
468.433 Licensure
by examination.-- |
| 335 |
(2) The
department shall examine each applicant who is at |
| 336 |
least 18 years of age, who has
successfully completed all |
| 337 |
prelicensure education requirements,
and who the department |
| 338 |
certifies is of good moral character. |
| 339 |
(a) Good
moral character means a personal history of |
| 340 |
honesty, fairness, and respect for
the rights of others and for |
| 341 |
the laws of this state and nation. |
| 342 |
(b) The
department may refuse to certify an applicant only |
| 343 |
if: |
| 344 |
1. There
is a substantial connection between the lack of |
| 345 |
good moral character of the applicant
and the professional |
| 346 |
responsibilities of a community
association manager; and |
| 347 |
2. The
finding by the department of lack of good moral |
| 348 |
character is supported by clear and
convincing evidence; or |
| 349 |
3. The
applicant is found to have provided management |
| 350 |
services requiring
licensure without the requisite license. |
| 351 |
(c) When
an applicant is found to be unqualified for a |
| 352 |
license because of a lack of good
moral character, the |
| 353 |
department shall furnish the
applicant a statement containing |
| 354 |
its findings, a complete record of
the evidence upon which the |
| 355 |
determination was based, and a notice
of the rights of the |
| 356 |
applicant to a rehearing and appeal. |
| 357 |
(d) The
council shall establish by rule the required |
| 358 |
amount of prelicensure education,
which shall consist of not |
| 359 |
more than 24 hours of in-person
instruction by a department- |
| 360 |
approved provider and which shall
cover all areas of the |
| 361 |
examination specified in subsection
(3). Such instruction shall |
| 362 |
be completed within 12 months prior
to the date of the |
| 363 |
examination. Prelicensure education
providers shall be |
| 364 |
considered continuing education
providers for purposes of |
| 365 |
establishing provider approval fees.
A licensee shall not be |
| 366 |
required to comply with the
continuing education requirements of |
| 367 |
s. 468.4337 prior to the first
license renewal. The department |
| 368 |
shall, by rule, set standards for
exceptions to the requirement |
| 369 |
of in-person instruction in cases of
hardship or disability. |
| 370 |
(4) The
department shall issue a license to practice in |
| 371 |
this state as a community association
manager to any qualified |
| 372 |
applicant who successfully completes
the examination in |
| 373 |
accordance with this section and pays
the appropriate fee. |
| 374 |
Section
5. Section 468.436, Florida Statutes, is amended |
| 375 |
to read: |
| 376 |
468.436 Disciplinary
proceedings.-- |
| 377 |
(1) The
department shall investigate complaints and |
| 378 |
allegations of a
violation of this part or chapter 455, or any |
| 379 |
rule adopted
thereunder, filed against community association |
| 380 |
managers or firms
and forwarded from other divisions under the |
| 381 |
Department of
Business and Professional Regulation. After a |
| 382 |
complaint is
received, the department shall conduct its inquiry |
| 383 |
with due regard to
the interests of the affected parties. Within |
| 384 |
30 days after
receipt of a complaint, the department shall |
| 385 |
acknowledge the
complaint in writing and notify the complainant |
| 386 |
whether or not the
complaint is within the jurisdiction of the |
| 387 |
department and
whether or not additional information is needed |
| 388 |
by the department
from the complainant. The department shall |
| 389 |
conduct an
investigation and shall, within 90 days after receipt |
| 390 |
of the original
complaint or of a timely request for additional |
| 391 |
information, take
action upon the complaint. However, the |
| 392 |
failure to
complete the investigation within 90 days does not |
| 393 |
prevent the
department from continuing the investigation, |
| 394 |
accepting or
considering evidence obtained or received after 90 |
| 395 |
days, or taking
administrative action if reasonable cause exists |
| 396 |
to believe that a
violation of this part or chapter 455, or a |
| 397 |
rule of the
department has occurred. If an investigation is not |
| 398 |
completed within
the time limits established in this subsection, |
| 399 |
the department
shall, on a monthly basis, notify the complainant |
| 400 |
in writing of the
status of the investigation. When reporting |
| 401 |
its action to the
complainant, the department shall inform the |
| 402 |
complainant of any
right to a hearing pursuant to ss. 120.569 |
| 403 |
and 120.57. |
| 404 |
(2)(1) The
following acts constitute grounds for which the |
| 405 |
disciplinary actions in subsection (4)
(3) may be taken: |
| 406 |
(a) Violation
of any provision of s. 455.227(1). |
| 407 |
(b)1. Violation
of any provision of this part. |
| 408 |
2. Violation
of any lawful order or rule rendered or |
| 409 |
adopted by the department or the
council. |
| 410 |
3. Being
convicted of or pleading nolo contendere to a |
| 411 |
felony in any court in the United
States. |
| 412 |
4. Obtaining
a license or certification or any other |
| 413 |
order, ruling, or authorization by
means of fraud, |
| 414 |
misrepresentation, or concealment of
material facts. |
| 415 |
5. Committing
acts of gross misconduct or gross negligence |
| 416 |
in connection with the profession. |
| 417 |
6. Contracting,
on behalf of an association, with any |
| 418 |
entity in which
the licensee has a financial interest that is |
| 419 |
not disclosed. |
| 420 |
(3)(2) The
council shall specify by rule the acts or |
| 421 |
omissions that constitute a violation
of subsection (2) (1). |
| 422 |
(4)(3) When
the department finds any community association |
| 423 |
manager or firm guilty of any
of the grounds set forth in |
| 424 |
subsection (2)
(1), it may enter an order
imposing one or more |
| 425 |
of the following penalties: |
| 426 |
(a) Denial
of an application for licensure. |
| 427 |
(b) Revocation
or suspension of a license. |
| 428 |
(c) Imposition
of an administrative fine not to exceed |
| 429 |
$5,000 for each count or separate
offense. |
| 430 |
(d) Issuance
of a reprimand. |
| 431 |
(e) Placement
of the community association manager on |
| 432 |
probation for a period of time and
subject to such conditions as |
| 433 |
the department specifies. |
| 434 |
(f) Restriction
of the authorized scope of practice by the |
| 435 |
community association manager. |
| 436 |
(5)(4) The
department may shall
reissue the license of a |
| 437 |
disciplined community association
manager or firm upon |
| 438 |
certification by the department that
the disciplined person or |
| 439 |
firm
has complied with all of the terms and conditions set forth |
| 440 |
in the final order. |
| 441 |
Section
6. Paragraph (d) is added to subsection (1) of |
| 442 |
section 718.111, Florida Statutes,
and subsections (12) and (13) |
| 443 |
of that section are amended, to read: |
| 444 |
718.111 The
association.-- |
| 445 |
(1) CORPORATE
ENTITY.--
AMENDED
VERSION:
(b)
A director of the association who is present at a
meeting
of its board at which action on any corporate matter is taken shall be
presumed to have assented to the action taken unless he or she votes
against such action or abstains from voting
in respect thereto because of an asserted conflict of
interest. A director of the association who abstains from voting on
any action taken on any corporate matter shall be presumed to have
taken no position with regard to the action. Directors may not vote by
proxy or by secret ballot at board meetings, except that officers may
be elected by secret ballot. A vote or abstention for each member
present shall be recorded in the
minutes.
|
| 446 |
(d) As
required by s. 617.0830, an officer, director, or
|
| 447 |
agent shall
discharge his or her duties in good faith, with the |
| 448 |
care an ordinarily
prudent person in a like position would |
| 449 |
exercise under
similar circumstances, and in a manner he or she |
| 450 |
reasonably
believes to be in the interests of the association. |
| 451 |
AMENDED VERSION: |
| 452 |
An
officer, director, or agent shall be liable for monetary
|
| 453 |
damages
as provided in s. 617.0834 if such officer, |
| 454 |
director, or agent
breached or failed to perform his or her |
| 455 |
duties and the
breach of, or failure to perform, his or her |
| 456 |
duties constitutes
a violation of criminal law as provided in s. |
| 457 |
617.0834;
constitutes a transaction from which the officer or |
| 458 |
director derived
an improper personal benefit, either directly |
| 459 |
or indirectly; or
constitutes recklessness or an act or omission |
| 460 |
that was in
bad faith, with malicious purpose, or in a manner |
| 461 |
exhibiting wanton
and willful disregard of human rights, safety, |
| 462 |
or property. |
| 463 |
(12) OFFICIAL
RECORDS.-- |
| 464 |
(a) From
the inception of the association, the association |
| 465 |
shall maintain each of the following
items, when applicable, |
| 466 |
which shall constitute the official
records of the association: |
| 467 |
1. A
copy of the plans, permits, warranties, and other |
| 468 |
items provided by the developer
pursuant to s. 718.301(4). |
| 469 |
2. A
photocopy of the recorded declaration of condominium |
| 470 |
of each condominium operated by the
association and of each |
| 471 |
amendment to each declaration. |
| 472 |
3. A
photocopy of the recorded bylaws of the association |
| 473 |
and of each amendment to the bylaws. |
| 474 |
4. A
certified copy of the articles of incorporation of |
| 475 |
the association, or other documents
creating the association, |
| 476 |
and of each amendment thereto. |
| 477 |
5. A
copy of the current rules of the association. |
| 478 |
6. A
book or books which contain the minutes of all |
| 479 |
meetings of the association, of the
board of administration |
| 480 |
directors,
and of unit owners, which minutes shall be retained |
| 481 |
for a period of not less than 7
years. |
| 482 |
7. A
current roster of all unit owners and their mailing |
| 483 |
addresses, unit identifications,
voting certifications, and, if |
| 484 |
known, telephone numbers. The
association shall also maintain |
| 485 |
the electronic mailing addresses and
the numbers designated by |
| 486 |
unit owners for receiving notice sent
by electronic transmission |
| 487 |
of those unit owners consenting to
receive notice by electronic |
| 488 |
transmission. The electronic mailing
addresses and numbers |
| 489 |
provided by unit owners to receive
notice by electronic |
| 490 |
transmission shall be removed from
association records when |
| 491 |
consent to receive notice by
electronic transmission is revoked. |
| 492 |
However, the association is not
liable for an erroneous |
| 493 |
disclosure of the electronic mail
address or the number for |
| 494 |
receiving electronic transmission of
notices. |
| 495 |
8. All
current insurance policies of the association and |
| 496 |
condominiums operated by the
association. |
| 497 |
9. A
current copy of any management agreement, lease, or |
| 498 |
other contract to which the
association is a party or under |
| 499 |
which the association or the unit
owners have an obligation or |
| 500 |
responsibility. |
| 501 |
10. Bills
of sale or transfer for all property owned by |
| 502 |
the association. |
| 503 |
11. Accounting
records for the association and separate |
| 504 |
accounting records for each
condominium which the association |
| 505 |
operates. All accounting records
shall be maintained for a |
| 506 |
period of not less than 7 years. Any
person who knowingly or |
| 507 |
intentionally
defaces or destroys accounting records required to |
| 508 |
be maintained by
this chapter, or who knowingly or intentionally |
| 509 |
fails to create or
maintain accounting records required to be |
| 510 |
maintained by this
chapter, is personally subject to a civil |
| 511 |
penalty
pursuant to s. 718.501(1)(d). The accounting records |
| 512 |
shall include, but are not limited
to: |
| 513 |
a. Accurate,
itemized, and detailed records of all |
| 514 |
receipts and expenditures. |
| 515 |
b. A
current account and a monthly, bimonthly, or |
| 516 |
quarterly statement of the account
for each unit designating the |
| 517 |
name of the unit owner, the due date
and amount of each |
| 518 |
assessment, the amount paid upon the
account, and the balance |
| 519 |
due. |
| 520 |
c. All
audits, reviews, accounting statements, and |
| 521 |
financial reports of the association
or condominium. |
| 522 |
d. All
contracts for work to be performed. Bids for work |
| 523 |
to be performed shall also be
considered official records and |
| 524 |
shall be maintained by
the association for a period of 1
year. |
| 525 |
12. Ballots,
sign-in sheets, voting proxies, and all other |
| 526 |
papers relating to voting by unit
owners, which shall be |
| 527 |
maintained for a period of 1 year
from the date of the election, |
| 528 |
vote, or meeting to which the
document relates, notwithstanding |
| 529 |
paragraph
(b). |
| 530 |
13. All
rental records, when the association is acting as |
| 531 |
agent for the rental of condominium
units. |
| 532 |
14. A
copy of the current question and answer sheet as |
| 533 |
described by s. 718.504. |
| 534 |
15. All
other records of the association not specifically |
| 535 |
included in the foregoing which are
related to the operation of |
| 536 |
the association. |
| 537 |
16. A
copy of the inspection report as provided for in s. |
| 538 |
718.301(4)(p). |
| 539 |
(b) The
official records of the association shall be |
| 540 |
maintained within the state for
at least 7 years. The records of |
| 541 |
the association shall be made
available to a unit owner within |
| 542 |
45 miles of the
condominium property or within the county in |
| 543 |
which the
condominium property is located within 5 working days |
| 544 |
after receipt of written request by
the board or its designee. |
| 545 |
However, such
distance requirement does not apply to an |
| 546 |
association
governing a timeshare condominium. This paragraph |
| 547 |
may be complied with by having a copy
of the official records of |
| 548 |
the association available for
inspection or copying on the |
|
549
|
AMENDED
VERSION:
condominium
property or association property, or the
association
|
| 550 |
may offer the
option of making the records of the association |
| 551 |
available to a
unit owner either electronically via the Internet |
| 552 |
or by allowing the
records to be viewed in electronic format on |
| 553 |
a computer screen
and printed upon request. |
| 554 |
(c) The
official records of the association are open to |
| 555 |
inspection by any association member
or the authorized |
| 556 |
representative of such member at all
reasonable times. The right |
| 557 |
to inspect the records includes the
right to make or obtain |
| 558 |
copies, at the reasonable expense, if
any, of the association |
| 559 |
member. The association may adopt
reasonable rules regarding the |
| 560 |
frequency, time, location, notice,
and manner of record |
| 561 |
inspections and copying. The failure
of an association to |
| 562 |
provide the records within 10 working
days after receipt of a |
| 563 |
written request shall create a
rebuttable presumption that the |
| 564 |
association willfully failed to
comply with this paragraph. A |
| 565 |
unit owner who is denied access to
official records is entitled |
| 566 |
to the actual damages or minimum
damages for the association's |
| 567 |
willful failure to comply with this
paragraph. The minimum |
| 568 |
damages shall be $50 per calendar day
up to 10 days, the |
| 569 |
calculation to begin on the 11th
working day after receipt of |
| 570 |
the written request. The failure to
permit inspection of the |
|