FS 718.112(2)(d)
(d) Unit
owner meetings.—
1. An
annual meeting of the unit owners must be held at the
location provided in the association bylaws and, if the
bylaws are silent as to the location, the meeting must be
held within 45 miles of the condominium property. However,
such distance requirement does not apply to an association
governing a timeshare condominium.
2. Unless
the bylaws provide otherwise, a vacancy on the board caused
by the expiration of a director’s term must be filled by
electing a new board member, and the election must be by
secret ballot. An election is not required if the number of
vacancies equals or exceeds the number of candidates. For
purposes of this paragraph, the term “candidate” means an
eligible person who has timely submitted the written notice,
as described in sub-subparagraph 4.a., of his or her
intention to become a candidate. Except in a timeshare or
nonresidential condominium, or if the staggered term of a
board member does not expire until a later annual meeting,
or if all members’ terms would otherwise expire but there
are no candidates, the terms of all board members expire at
the annual meeting, and such members may stand for
reelection unless prohibited by the bylaws. Board members
may serve terms longer than 1 year if permitted by the
bylaws or articles of incorporation. A board member may not
serve more than 8 consecutive years unless approved by an
affirmative vote of unit owners representing two-thirds of
all votes cast in the election or unless there are not
enough eligible candidates to fill the vacancies on the
board at the time of the vacancy. Only board service that
occurs on or after July 1, 2018, may be used when
calculating a board member’s term limit. If the number of
board members whose terms expire at the annual meeting
equals or exceeds the number of candidates, the candidates
become members of the board effective upon the adjournment
of the annual meeting. Unless the bylaws provide otherwise,
any remaining vacancies shall be filled by the affirmative
vote of the majority of the directors making up the newly
constituted board even if the directors constitute less than
a quorum or there is only one director. In a residential
condominium association of more than 10 units or in a
residential condominium association that does not include
timeshare units or timeshare interests, co-owners of a unit
may not serve as members of the board of directors at the
same time unless they own more than one unit or unless there
are not enough eligible candidates to fill the vacancies on
the board at the time of the vacancy. A unit owner in a
residential condominium desiring to be a candidate for board
membership must comply with sub-subparagraph 4.a. and must
be eligible to be a candidate to serve on the board of
directors at the time of the deadline for submitting a
notice of intent to run in order to have his or her name
listed as a proper candidate on the ballot or to serve on
the board. A person who has been suspended or removed by the
division under this chapter, or who is delinquent in the
payment of any assessment due to the association, is not
eligible to be a candidate for board membership and may not
be listed on the ballot. For purposes of this paragraph, a
person is delinquent if a payment is not made by the due
date as specifically identified in the declaration of
condominium, bylaws, or articles of incorporation. If a due
date is not specifically identified in the declaration of
condominium, bylaws, or articles of incorporation, the due
date is the first day of the assessment period. A person who
has been convicted of any felony in this state or in a
United States District or Territorial Court, or who has been
convicted of any offense in another jurisdiction which would
be considered a felony if committed in this state, is not
eligible for board membership unless such felon’s civil
rights have been restored for at least 5 years as of the
date such person seeks election to the board. The validity
of an action by the board is not affected if it is later
determined that a board member is ineligible for board
membership due to having been convicted of a felony. This
subparagraph does not limit the term of a member of the
board of a nonresidential or timeshare condominium.
3. The
bylaws must provide the method of calling meetings of unit
owners, including annual meetings. Written notice of an
annual meeting must include an agenda; be mailed, hand
delivered, or electronically transmitted to each unit owner
at least 14 days before the annual meeting; and be posted in
a conspicuous place on the condominium property or
association property at least 14 continuous days before the
annual meeting. Written notice of a meeting other than an
annual meeting must include an agenda; be mailed, hand
delivered, or electronically transmitted to each unit owner;
and be posted in a conspicuous place on the condominium
property or association property within the timeframe
specified in the bylaws. If the bylaws do not specify a
timeframe for written notice of a meeting other than an
annual meeting, notice must be provided at least 14
continuous days before the meeting. Upon notice to the unit
owners, the board shall, by duly adopted rule, designate a
specific location on the condominium property or association
property at which all notices of unit owner meetings must be
posted. This requirement does not apply if there is no
condominium property for posting notices. In lieu of, or in
addition to, the physical posting of meeting notices, the
association may, by reasonable rule, adopt a procedure for
conspicuously posting and repeatedly broadcasting the notice
and the agenda on a closed-circuit cable television system
serving the condominium association. However, if broadcast
notice is used in lieu of a notice posted physically on the
condominium property, the notice and agenda must be
broadcast at least four times every broadcast hour of each
day that a posted notice is otherwise required under this
section. If broadcast notice is provided, the notice and
agenda must be broadcast in a manner and for a sufficient
continuous length of time so as to allow an average reader
to observe the notice and read and comprehend the entire
content of the notice and the agenda. In addition to any of
the authorized means of providing notice of a meeting of the
board, the association may, by rule, adopt a procedure for
conspicuously posting the meeting notice and the agenda on a
website serving the condominium association for at least the
minimum period of time for which a notice of a meeting is
also required to be physically posted on the condominium
property. Any rule adopted shall, in addition to other
matters, include a requirement that the association send an
electronic notice in the same manner as a notice for a
meeting of the members, which must include a hyperlink to
the website at which the notice is posted, to unit owners
whose e-mail addresses are included in the association’s
official records. Unless a unit owner waives in writing the
right to receive notice of the annual meeting, such notice
must be hand delivered, mailed, or electronically
transmitted to each unit owner. Notice for meetings and
notice for all other purposes must be mailed to each unit
owner at the address last furnished to the association by
the unit owner, or hand delivered to each unit owner.
However, if a unit is owned by more than one person, the
association must provide notice to the address that the
developer identifies for that purpose and thereafter as one
or more of the owners of the unit advise the association in
writing, or if no address is given or the owners of the unit
do not agree, to the address provided on the deed of record.
An officer of the association, or the manager or other
person providing notice of the association meeting, must
provide an affidavit or United States Postal Service
certificate of mailing, to be included in the official
records of the association affirming that the notice was
mailed or hand delivered in accordance with this provision.
4. The
members of the board of a residential condominium shall be
elected by written ballot or voting machine. Proxies may not
be used in electing the board in general elections or
elections to fill vacancies caused by recall, resignation,
or otherwise, unless otherwise provided in this chapter.
This subparagraph does not apply to an association governing
a timeshare condominium.
a. At
least 60 days before a scheduled election, the
association shall mail, deliver, or electronically
transmit, by separate association mailing or included in
another association mailing, delivery, or transmission,
including regularly published newsletters, to each unit
owner entitled to a vote, a first notice of the date of
the election. A unit owner or other eligible person
desiring to be a candidate for the board must give
written notice of his or her intent to be a candidate to
the association at least 40 days before a scheduled
election. Together with the written notice and agenda as
set forth in subparagraph 3., the association shall
mail, deliver, or electronically transmit a second
notice of the election to all unit owners entitled to
vote, together with a ballot that lists all candidates
not less than 14 days or more than 34 days before the
date of the election. Upon request of a candidate, an
information sheet, no larger than 8 1/2 inches
by 11 inches, which must be furnished by the candidate
at least 35 days before the election, must be included
with the mailing, delivery, or transmission of the
ballot, with the costs of mailing, delivery, or
electronic transmission and copying to be borne by the
association. The association is not liable for the
contents of the information sheets prepared by the
candidates. In order to reduce costs, the association
may print or duplicate the information sheets on both
sides of the paper. The division shall by rule establish
voting procedures consistent with this sub-subparagraph,
including rules establishing procedures for giving
notice by electronic transmission and rules providing
for the secrecy of ballots. Elections shall be decided
by a plurality of ballots cast. There is no quorum
requirement; however, at least 20 percent of the
eligible voters must cast a ballot in order to have a
valid election. A unit owner may not authorize any other
person to vote his or her ballot, and any ballots
improperly cast are invalid. A unit owner who violates
this provision may be fined by the association in
accordance with s. 718.303.
A unit owner who needs assistance in casting the ballot
for the reasons stated in s. 101.051 may
obtain such assistance. The regular election must occur
on the date of the annual meeting. Notwithstanding this
sub-subparagraph, an election is not required unless
more candidates file notices of intent to run or are
nominated than board vacancies exist.
b. A
director of a board of an association of a residential
condominium shall:
(I) Certify
in writing to the secretary of the association that
he or she has read the association’s declaration of
condominium, articles of incorporation, bylaws, and
current written policies; that he or she will work
to uphold such documents and policies to the best of
his or her ability; and that he or she will
faithfully discharge his or her fiduciary
responsibility to the association’s members.
(II) Submit
to the secretary of the association a certificate of
having satisfactorily completed the educational
curriculum administered by the division or a
division-approved condominium education provider.
The educational curriculum must be at least 4 hours
long and include instruction on milestone
inspections, structural integrity reserve studies,
elections, recordkeeping, financial literacy and
transparency, levying of fines, and notice and
meeting requirements.
Each newly elected or appointed director
must submit to the secretary of the association the
written certification and educational certificate within
1 year before being elected or appointed or 90 days
after the date of election or appointment. A director of
an association of a residential condominium who was
elected or appointed before July 1, 2024, must comply
with the written certification and educational
certificate requirements in this sub-subparagraph by
June 30, 2025. The written certification and educational
certificate is valid for 7 years after the date of
issuance and does not have to be resubmitted as long as
the director serves on the board without interruption
during the 7-year period. A director who is appointed by
the developer may satisfy the educational certificate
requirement in sub-sub-subparagraph (II) for any
subsequent appointment to a board by a developer within
7 years after the date of issuance of the most recent
educational certificate, including any interruption of
service on a board or appointment to a board in another
association within that 7-year period. One year after
submission of the most recent written certification and
educational certificate, and annually thereafter, a
director of an association of a residential condominium
must submit to the secretary of the association a
certificate of having satisfactorily completed at least
1 hour of continuing education administered by the
division, or a division-approved condominium education
provider, relating to any recent changes to this chapter
and the related administrative rules during the past
year. A director of an association of a residential
condominium who fails to timely file the written
certification and educational certificate is suspended
from service on the board until he or she complies with
this sub-subparagraph. The board may temporarily fill
the vacancy during the period of suspension. The
secretary shall cause the association to retain a
director’s written certification and educational
certificate for inspection by the members for 7 years
after a director’s election or the duration of the
director’s uninterrupted tenure, whichever is longer.
Failure to have such written certification and
educational certificate on file does not affect the
validity of any board action.
c. Any
challenge to the election process must be commenced
within 60 days after the election results are announced.
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