Bill Text: FL H1035 | 2011 | Regular Session | Introduced

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Bill Title: Condominium/Cooperative/Homeowners' Associations

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H1035 Detail]

Download: Florida-2011-H1035-Introduced.html

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HB 1035

1	A bill to be entitled
2	An act relating to condominium, cooperative, and
3	homeowners' associations; amending s. 718.111, F.S.;
4	revising provisions relating to the official records of
5	condominium associations; providing for disclosure of
6	employment agreements or compensation paid to association
7	employees; amending s. 718.112, F.S.; revising provisions
8	relating to board of administration and unit owner
9	meetings; providing that board of administration meetings
10	discussing personnel matters are not open to unit members;
11	requiring that certain educational curriculum be completed
12	within a specified time before the election or appointment
13	of a board director; amending s. 718.114, F.S.; requiring
14	the vote or written consent of a majority of the voting
15	interests before a condominium association may enter into
16	certain agreements to acquire leaseholds, memberships, or
17	other possessory or use interests; amending s. 718.116,
18	F.S.; revising provisions relating to condominium
19	assessments; authorizing the association to charge for
20	collection services for delinquent accounts; authorizing a
21	claim of lien to secure reasonable expenses for collection
22	services for a delinquent account; requiring any rent
23	payments received by an association from a tenant to be
24	applied to the most delinquent monetary obligation of a
25	unit owner; amending s. 718.117, F.S.; providing
26	procedures and requirements for partial termination of a
27	condominium property; requiring that a lien against a
28	condominium unit being terminated be transferred to the
29	proceeds of sale for that property; amending s. 718.303,
30	F.S.; revising provisions relating to imposing remedies
31	against a delinquent unit owner; requiring that the
32	suspension of certain rights of use or voting rights be
33	approved at a noticed board meeting; amending s. 718.703.
34	F.S.; redefining the term "bulk assignee" for purposes of
35	the Distressed Condominium Relief Act; amending s.
36	718.704, F.S.; revising provisions relating to the
37	assignment of developer rights by a bulk assignee;
38	amending s. 718.705, F.S.; revising provisions relating to
39	the transfer of control of a condominium board of
40	administration to unit owners; amending s. 718.706, F.S.;
41	revising provisions relating to the offering of units by a
42	bulk assignee or bulk buyer; amending s. 718.707, F.S.;
43	revising the time limitation for classification as a bulk
44	assignee or bulk buyer; amending s. 719.108, F.S.;
45	requiring any rent payments received by a cooperative
46	association from a tenant to be applied to the most
47	delinquent monetary obligation of a unit owner; amending
48	s. 719.303, F.S.; revising provisions relating to imposing
49	remedies against a delinquent unit owner in a cooperative;
50	requiring that the suspension of certain rights of use or
51	voting rights be approved at a noticed board meeting;
52	amending s. 720.303, F.S.; revising provisions relating to
53	records that are not accessible to members of a
54	homeowners' association; providing for disclosure of
55	employment agreements and compensation paid to association
56	employees; amending s. 720.305, F.S.; revising provisions
57	relating to imposing remedies against a delinquent member
58	of a homeowners' association; requiring that the
59	suspension of certain rights of use or voting rights be
60	approved at a noticed board meeting; amending s. 720.3085,
61	F.S.; authorizing a claim of lien to secure expenses for
62	collection services for a delinquent account; requiring
63	any rent payments received by an association from a tenant
64	to be applied to the most delinquent monetary obligation
65	of a parcel owner; amending s. 720.309, F.S.; providing
66	for the allocation of communication services by a
67	homeowners' association; providing for the cancellation of
68	communication contracts; providing that hearing-impaired
69	or legally blind owners and owners receiving certain
70	supplemental security income or food stamps may
71	discontinue the service without incurring costs; providing
72	that residents may not be denied access to available
73	franchised, licensed, or certificated cable or video
74	service providers; providing an effective date.
75
76	Be It Enacted by the Legislature of the State of Florida:
77
78	Section 1.  Paragraphs (a) and (c) of subsection (12) of
79	section 718.111, Florida Statutes, are amended to read:
80	718.111  The association.-
81	(12)  OFFICIAL RECORDS.-
82	(a)  From the inception of the association, the association
83	shall maintain each of the following items, if applicable, which
84	constitutes shall constitute the official records of the
85	association:
86	1.  A copy of the plans, permits, warranties, and other
87	items provided by the developer pursuant to s. 718.301(4).
88	2.  A photocopy of the recorded declaration of condominium
89	of each condominium operated by the association and of each
90	amendment to each declaration.
91	3.  A photocopy of the recorded bylaws of the association
92	and of each amendment to the bylaws.
93	4.  A certified copy of the articles of incorporation of
94	the association, or other documents creating the association,
95	and of each amendment thereto.
96	5.  A copy of the current rules of the association.
97	6.  A book or books that which contain the minutes of all
98	meetings of the association, of the board of administration, and
99	the of unit owners, which minutes must be retained for at least
100	7 years.
101	7.  A current roster of all unit owners and their mailing
102	addresses, unit identifications, voting certifications, and, if
103	known, telephone numbers. The association shall also maintain
104	the e-mail the electronic mailing addresses and facsimile the
105	numbers designated by unit owners for receiving notice sent by
106	electronic transmission of those unit owners consenting to
107	receive notice by electronic transmission. The e-mail electronic
108	mailing addresses and facsimile telephone numbers may not be
109	accessible to unit owners must be removed from association
110	records if consent to receive notice by electronic transmission
111	is not provided in accordance with subparagraph (c)5 revoked.
112	However, the association is not liable for an erroneous
113	disclosure of an e-mail the electronic mail address or facsimile
114	the number for receiving electronic transmission of notices.
115	8.  All current insurance policies of the association and
116	condominiums operated by the association.
117	9.  A current copy of any management agreement, lease, or
118	other contract to which the association is a party or under
119	which the association or the unit owners have an obligation or
120	responsibility.
121	10.  Bills of sale or transfer for all property owned by
122	the association.
123	11.  Accounting records for the association and separate
124	accounting records for each condominium that which the
125	association operates. All accounting records must shall be
126	maintained for at least 7 years. Any person who knowingly or
127	intentionally defaces or destroys such accounting records
128	required to be created and maintained by this chapter during the
129	period for which such records are required to be maintained, or
130	who knowingly or intentionally fails to create or maintain such
131	records, with the intent of causing harm to the association or
132	one or more of its members, is personally subject to a civil
133	penalty pursuant to s. 718.501(1)(d). The accounting records
134	must include, but are not limited to:
135	a.  Accurate, itemized, and detailed records of all
136	receipts and expenditures.
137	b.  A current account and a monthly, bimonthly, or
138	quarterly statement of the account for each unit designating the
139	name of the unit owner, the due date and amount of each
140	assessment, the amount paid on upon the account, and the balance
141	due.
142	c.  All audits, reviews, accounting statements, and
143	financial reports of the association or condominium.
144	d.  All contracts for work to be performed. Bids for work
145	to be performed are also considered official records and must be
146	maintained by the association.
147	12.  Ballots, sign-in sheets, voting proxies, and all other
148	papers relating to voting by unit owners, which must be
149	maintained for 1 year from the date of the election, vote, or
150	meeting to which the document relates, notwithstanding paragraph
151	(b).
152	13.  All rental records if the association is acting as
153	agent for the rental of condominium units.
154	14.  A copy of the current question and answer sheet as
155	described in s. 718.504.
156	15.  All other records of the association not specifically
157	included in the foregoing which are related to the operation of
158	the association.
159	16.  A copy of the inspection report as described provided
160	in s. 718.301(4)(p).
161	(c)  The official records of the association are open to
162	inspection by any association member or the authorized
163	representative of such member at all reasonable times. The right
164	to inspect the records includes the right to make or obtain
165	copies, at the reasonable expense, if any, of the member. The
166	association may adopt reasonable rules regarding the frequency,
167	time, location, notice, and manner of record inspections and
168	copying. The failure of an association to provide the records
169	within 10 working days after receipt of a written request
170	creates a rebuttable presumption that the association willfully
171	failed to comply with this paragraph. A unit owner who is denied
172	access to official records is entitled to the actual damages or
173	minimum damages for the association's willful failure to comply.
174	Minimum damages are shall be $50 per calendar day for up to 10
175	days, beginning the calculation to begin on the 11th working day
176	after receipt of the written request. The failure to permit
177	inspection of the association records as provided herein
178	entitles any person prevailing in an enforcement action to
179	recover reasonable attorney's fees from the person in control of
180	the records who, directly or indirectly, knowingly denied access
181	to the records. Any person who knowingly or intentionally
182	defaces or destroys accounting records that are required by this
183	chapter to be maintained during the period for which such
184	records are required to be maintained, or who knowingly or
185	intentionally fails to create or maintain accounting records
186	that are required to be created or maintained, with the intent
187	of causing harm to the association or one or more of its
188	members, is personally subject to a civil penalty pursuant to s.
189	718.501(1)(d). The association shall maintain an adequate number
190	of copies of the declaration, articles of incorporation, bylaws,
191	and rules, and all amendments to each of the foregoing, as well
192	as the question and answer sheet as described provided for in s.
193	718.504 and year-end financial information required under in
194	this section, on the condominium property to ensure their
195	availability to unit owners and prospective purchasers, and may
196	charge its actual costs for preparing and furnishing these
197	documents to those requesting the documents. Notwithstanding the
198	provisions of this paragraph, the following records are not
199	accessible to unit owners:
200	1.  Any record protected by the lawyer-client privilege as
201	described in s. 90.502; and any record protected by the work-
202	product privilege, including a any record prepared by an
203	association attorney, or prepared at the attorney's express
204	direction,; which reflects a mental impression, conclusion,
205	litigation strategy, or legal theory of the attorney or the
206	association, and which was prepared exclusively for civil or
207	criminal litigation or for adversarial administrative
208	proceedings, or which was prepared in anticipation of such
209	imminent civil or criminal litigation or imminent adversarial
210	administrative proceedings until the conclusion of the
211	litigation or adversarial administrative proceedings.
212	2.  Information obtained by an association in connection
213	with the approval of the lease, sale, or other transfer of a
214	unit.
215	3.  Personnel records of association employees, including,
216	but not limited to, disciplinary, payroll, health, and insurance
217	records, but not including written employment agreements with an
218	association employee or budgetary or financial records that
219	indicate the compensation paid to an association employee.
220	4.  Medical records of unit owners.
221	5.  Social security numbers, driver's license numbers,
222	credit card numbers, e-mail addresses, telephone numbers,
223	facsimile numbers, emergency contact information, any addresses
224	of a unit owner other than as provided to fulfill the
225	association's notice requirements, and other personal
226	identifying information of any person, excluding the person's
227	name, unit designation, mailing address, and property address,
228	and any address, e-mail address, or facsimile number provided to
229	the association to fulfill the association's notice
230	requirements. However, an owner may consent to the disclosure of
231	protected information described in this subparagraph. The
232	association is not liable for the disclosure of information that
233	is protected under this subparagraph if the information is
234	included in other official records of the association which are
235	not protected.
236	6.  Any Electronic security measures measure that are is
237	used by the association to safeguard data, including passwords.
238	7.  The software and operating system used by the
239	association which allows the manipulation of data, even if the
240	owner owns a copy of the same software used by the association.
241	The data is part of the official records of the association.
242	Section 2.  Paragraphs (b), (c), and (d) of subsection (2)
243	of section 718.112, Florida Statutes, are amended to read:
244	718.112  Bylaws.-
245	(2)  REQUIRED PROVISIONS.-The bylaws shall provide for the
246	following and, if they do not do so, shall be deemed to include
247	the following:
248	(b)  Quorum; voting requirements; proxies.-
249	1.  Unless a lower number is provided in the bylaws, the
250	percentage of voting interests required to constitute a quorum
251	at a meeting of the members is shall be a majority of the voting
252	interests. Unless otherwise provided in this chapter or in the
253	declaration, articles of incorporation, or bylaws, and except as
254	provided in subparagraph (d)4. (d)3., decisions shall be made by
255	owners of a majority of the voting interests represented at a
256	meeting at which a quorum is present.
257	2.  Except as specifically otherwise provided herein, after
258	January 1, 1992, unit owners may not vote by general proxy, but
259	may vote by limited proxies substantially conforming to a
260	limited proxy form adopted by the division. A No voting interest
261	or consent right allocated to a unit owned by the association
262	may not shall be exercised or considered for any purpose,
263	whether for a quorum, an election, or otherwise. Limited proxies
264	and general proxies may be used to establish a quorum. Limited
265	proxies shall be used for votes taken to waive or reduce
266	reserves in accordance with subparagraph (f)2.; for votes taken
267	to waive the financial reporting requirements of s. 718.111(13);
268	for votes taken to amend the declaration pursuant to s. 718.110;
269	for votes taken to amend the articles of incorporation or bylaws
270	pursuant to this section; and for any other matter for which
271	this chapter requires or permits a vote of the unit owners.
272	Except as provided in paragraph (d), a after January 1, 1992, no
273	proxy, limited or general, may not shall be used in the election
274	of board members. General proxies may be used for other matters
275	for which limited proxies are not required, and may also be used
276	in voting for nonsubstantive changes to items for which a
277	limited proxy is required and given. Notwithstanding the
278	provisions of this subparagraph, unit owners may vote in person
279	at unit owner meetings. This subparagraph does not Nothing
280	contained herein shall limit the use of general proxies or
281	require the use of limited proxies for any agenda item or
282	election at any meeting of a timeshare condominium association.
283	3.  Any proxy given is shall be effective only for the
284	specific meeting for which originally given and any lawfully
285	adjourned meetings thereof. A In no event shall any proxy is not
286	be valid for a period longer than 90 days after the date of the
287	first meeting for which it was given. Every proxy is revocable
288	at any time at the pleasure of the unit owner executing it.
289	4.  A member of the board of administration or a committee
290	may submit in writing his or her agreement or disagreement with
291	any action taken at a meeting that the member did not attend.
292	This agreement or disagreement may not be used as a vote for or
293	against the action taken or to create and may not be used for
294	the purposes of creating a quorum.
295	5.  If When any of the board or committee members meet by
296	telephone conference, those board or committee members attending
297	by telephone conference may be counted toward obtaining a quorum
298	and may vote by telephone. A telephone speaker must be used so
299	that the conversation of those board or committee members
300	attending by telephone may be heard by the board or committee
301	members attending in person as well as by any unit owners
302	present at a meeting.
303	(c)  Board of administration meetings.-Meetings of the
304	board of administration at which a quorum of the members is
305	present are shall be open to all unit owners. A Any unit owner
306	may tape record or videotape the meetings of the board of
307	administration. The right to attend such meetings includes the
308	right to speak at such meetings with reference to all designated
309	agenda items. The division shall adopt reasonable rules
310	governing the tape recording and videotaping of the meeting. The
311	association may adopt written reasonable rules governing the
312	frequency, duration, and manner of unit owner statements.
313	1.  Adequate notice of all board meetings, which must
314	notice shall specifically identify all incorporate an
315	identification of agenda items, must shall be posted
316	conspicuously on the condominium property at least 48 continuous
317	hours before preceding the meeting except in an emergency. If 20
318	percent of the voting interests petition the board to address an
319	item of business, the board shall at its next regular board
320	meeting or at a special meeting of the board, but not later than
321	60 days after the receipt of the petition, shall place the item
322	on the agenda. Any item not included on the notice may be taken
323	up on an emergency basis by at least a majority plus one of the
324	board members of the board. Such emergency action must shall be
325	noticed and ratified at the next regular board meeting of the
326	board. However, written notice of any meeting at which
327	nonemergency special assessments, or at which amendment to rules
328	regarding unit use, will be considered must shall be mailed,
329	delivered, or electronically transmitted to the unit owners and
330	posted conspicuously on the condominium property at least not
331	less than 14 days before prior to the meeting. Evidence of
332	compliance with this 14-day notice requirement must shall be
333	made by an affidavit executed by the person providing the notice
334	and filed with among the official records of the association.
335	Upon notice to the unit owners, the board shall, by duly adopted
336	rule, designate a specific location on the condominium property
337	or association property where upon which all notices of board
338	meetings are to shall be posted. If there is no condominium
339	property or association property where upon which notices can be
340	posted, notices of board meetings shall be mailed, delivered, or
341	electronically transmitted at least 14 days before the meeting
342	to the owner of each unit. In lieu of or in addition to the
343	physical posting of the notice of any meeting of the board of
344	administration on the condominium property, the association may,
345	by reasonable rule, adopt a procedure for conspicuously posting
346	and repeatedly broadcasting the notice and the agenda on a
347	closed-circuit cable television system serving the condominium
348	association. However, if broadcast notice is used in lieu of a
349	notice posted physically posted on the condominium property, the
350	notice and agenda must be broadcast at least four times every
351	broadcast hour of each day that a posted notice is otherwise
352	required under this section. If When broadcast notice is
353	provided, the notice and agenda must be broadcast in a manner
354	and for a sufficient continuous length of time so as to allow an
355	average reader to observe the notice and read and comprehend the
356	entire content of the notice and the agenda. Notice of any
357	meeting in which regular or special assessments against unit
358	owners are to be considered for any reason must shall
359	specifically state that assessments will be considered and
360	provide the nature, estimated cost, and description of the
361	purposes for such assessments.
362	2.  Meetings of a committee to take final action on behalf
363	of the board or make recommendations to the board regarding the
364	association budget are subject to the provisions of this
365	paragraph. Meetings of a committee that does not take final
366	action on behalf of the board or make recommendations to the
367	board regarding the association budget are subject to the
368	provisions of this section, unless those meetings are exempted
369	from this section by the bylaws of the association.
370	3.  Notwithstanding any other law, the requirement that
371	board meetings and committee meetings be open to the unit owners
372	does not apply is inapplicable to:
373	a.  Meetings between the board or a committee and the
374	association's attorney, with respect to proposed or pending
375	litigation, if when the meeting is held for the purpose of
376	seeking or rendering legal advice; or
377	b.  Board meetings held for the purpose of discussing
378	personnel matters.
379	(d)  Unit owner meetings.-
380	1.  An annual meeting of the unit owners shall be held at
381	the location provided in the association bylaws and, if the
382	bylaws are silent as to the location, the meeting shall be held
383	within 45 miles of the condominium property. However, such
384	distance requirement does not apply to an association governing
385	a timeshare condominium.
386	2.  Unless the bylaws provide otherwise, a vacancy on the
387	board caused by the expiration of a director's term shall be
388	filled by electing a new board member, and the election must be
389	by secret ballot. An election is not required However, if the
390	number of vacancies equals or exceeds the number of candidates,
391	an election is not required. Except in a timeshare condominium,
392	the terms of all board members of the board expire at the annual
393	meeting and such board members may stand for reelection unless
394	otherwise permitted by the bylaws. If the bylaws permit
395	staggered terms of no more than 2 years and upon approval of a
396	majority of the total voting interests, the association board
397	members may serve 2-year staggered terms. If the number of board
398	members whose terms have expired exceeds the number of eligible
399	members showing interest in or demonstrating an intention to run
400	for the vacant positions, each board member whose term has
401	expired is eligible for reappointment to the board of
402	administration and need not stand for reelection. In a
403	condominium association of more than 10 units or in a
404	condominium association that does not include timeshare units or
405	timeshare interests, coowners of a unit may not serve as members
406	of the board of directors at the same time unless they own more
407	than one unit or unless there are not enough eligible candidates
408	to fill the vacancies on the board at the time of the vacancy.
409	Any unit owner desiring to be a candidate for board membership
410	must comply with sub-subparagraph 4.a. 3.a. A person who has
411	been suspended or removed by the division under this chapter, or
412	who is delinquent in the payment of any fee, fine, or special or
413	regular assessment as provided in paragraph (n), is not eligible
414	for board membership. A person who has been convicted of any
415	felony in this state or in a United States District or
416	Territorial Court, or who has been convicted of any offense in
417	another jurisdiction which that would be considered a felony if
418	committed in this state, is not eligible for board membership
419	unless such felon's civil rights have been restored for at least
420	5 years as of the date on which such person seeks election to
421	the board. The validity of an action by the board is not
422	affected if it is later determined that a board member of the
423	board is ineligible for board membership due to having been
424	convicted of a felony.
425	3.2.  The bylaws must provide the method of calling
426	meetings of unit owners, including annual meetings. Written
427	notice, which must include an agenda, must shall be mailed, hand
428	delivered, or electronically transmitted to each unit owner at
429	least 14 days before the annual meeting, and must be posted in a
430	conspicuous place on the condominium property at least 14
431	continuous days before preceding the annual meeting. Upon notice
432	to the unit owners, the board shall, by duly adopted rule,
433	designate a specific location on the condominium property or
434	association property where upon which all notices of unit owner
435	meetings shall be posted. This requirement does not apply
436	However, if there is no condominium property or association
437	property for posting upon which notices can be posted, this
438	requirement does not apply. In lieu of, or in addition to, the
439	physical posting of meeting notices, the association may, by
440	reasonable rule, adopt a procedure for conspicuously posting and
441	repeatedly broadcasting the notice and the agenda on a closed-
442	circuit cable television system serving the condominium
443	association. However, if broadcast notice is used in lieu of a
444	notice posted physically on the condominium property, the notice
445	and agenda must be broadcast at least four times every broadcast
446	hour of each day that a posted notice is otherwise required
447	under this section. If broadcast notice is provided, the notice
448	and agenda must be broadcast in a manner and for a sufficient
449	continuous length of time so as to allow an average reader to
450	observe the notice and read and comprehend the entire content of
451	the notice and the agenda. Unless a unit owner waives in writing
452	the right to receive notice of the annual meeting in writing,
453	such notice must be hand delivered, mailed, or electronically
454	transmitted to each unit owner. Notice for meetings and notice
455	for all other purposes must be mailed to each unit owner at the
456	address last furnished to the association by the unit owner, or
457	hand delivered to each unit owner. However, if a unit is owned
458	by more than one person, the association must shall provide
459	notice, for meetings and all other purposes, to the that one
460	address that which the developer initially identified identifies
461	for that purpose and thereafter as one or more of the owners of
462	the unit shall advise the association in writing, or if no
463	address is given or the owners of the unit do not agree, to the
464	address provided on the deed of record. An officer of the
465	association, or the manager or other person providing notice of
466	the association meeting, must shall provide an affidavit or
467	United States Postal Service certificate of mailing, to be
468	included in the official records of the association affirming
469	that the notice was mailed or hand delivered, in accordance with
470	this provision.
471	4.3.  The members of the board shall be elected by written
472	ballot or voting machine. Proxies may not be used in electing
473	the board in general elections or elections to fill vacancies
474	caused by recall, resignation, or otherwise, unless otherwise
475	provided in this chapter.
476	a.  At least 60 days before a scheduled election, the
477	association shall mail, deliver, or electronically transmit,
478	whether by separate association mailing or included in another
479	association mailing, delivery, or transmission, including
480	regularly published newsletters, to each unit owner entitled to
481	a vote, a first notice of the date of the election. Any unit
482	owner or other eligible person desiring to be a candidate for
483	the board must give written notice of his or her intent to be a
484	candidate to the association at least 40 days before a scheduled
485	election. Together with the written notice and agenda as set
486	forth in subparagraph 3. 2., the association shall mail,
487	deliver, or electronically transmit a second notice of the
488	election to all unit owners entitled to vote, together with a
489	ballot that lists all candidates. Upon request of a candidate,
490	an information sheet, no larger than 8 1/2 inches by 11 inches,
491	which must be furnished by the candidate at least 35 days before
492	the election, must be included with the mailing, delivery, or
493	transmission of the ballot, with the costs of mailing, delivery,
494	or electronic transmission and copying to be borne by the
495	association. The association is not liable for the contents of
496	the information sheets prepared by the candidates. In order to
497	reduce costs, the association may print or duplicate the
498	information sheets on both sides of the paper. The division
499	shall by rule establish voting procedures consistent with this
500	sub-subparagraph, including rules establishing procedures for
501	giving notice by electronic transmission and rules providing for
502	the secrecy of ballots. Elections shall be decided by a
503	plurality of those ballots cast. There is no quorum requirement;
504	however, at least 20 percent of the eligible voters must cast a
505	ballot in order to have a valid election of members of the
506	board. A unit owner may not permit any other person to vote his
507	or her ballot, and any ballots improperly cast are invalid. A,
508	provided any unit owner who violates this provision may be fined
509	by the association in accordance with s. 718.303. A unit owner
510	who needs assistance in casting the ballot for the reasons
511	stated in s. 101.051 may obtain such assistance. The regular
512	election must occur on the date of the annual meeting. This sub-
513	subparagraph does not apply to timeshare condominium
514	associations. Notwithstanding this sub-subparagraph, an election
515	is not required unless more candidates file notices of intent to
516	run or are nominated than board vacancies exist.
517	b.  Within 90 days after being elected or appointed to the
518	board, each newly elected or appointed director shall certify in
519	writing to the secretary of the association that he or she has
520	read the association's declaration of condominium, articles of
521	incorporation, bylaws, and current written policies; that he or
522	she will work to uphold such documents and policies to the best
523	of his or her ability; and that he or she will faithfully
524	discharge his or her fiduciary responsibility to the
525	association's members. In lieu of this written certification,
526	within 90 days after being elected or appointed to the board,
527	the newly elected or appointed director may submit a certificate
528	of having satisfactorily completed satisfactory completion of
529	the educational curriculum administered by a division-approved
530	condominium education provider within 1 year before the date of
531	election or appointment. The written certification or
532	educational certificate is valid and does not have to be
533	resubmitted as long as the director continuously serves on the
534	board. A director who fails to timely file the written
535	certification or educational certificate is suspended from
536	service on the board until he or she complies with this sub-
537	subparagraph. The board may temporarily fill the vacancy during
538	the period of suspension. The secretary shall cause the
539	association to retain a director's written certification or
540	educational certificate for inspection by the members for 5
541	years after a director's election. Failure to have such written
542	certification or educational certificate on file does not affect
543	the validity of any board action.
544	5.4.  Any approval by unit owners called for by this
545	chapter or the applicable declaration or bylaws, including, but
546	not limited to, the approval requirement in s. 718.111(8), must
547	shall be made at a duly noticed meeting of unit owners and is
548	subject to all requirements of this chapter or the applicable
549	condominium documents relating to unit owner decisionmaking,
550	except that unit owners may take action by written agreement,
551	without meetings, on matters for which action by written
552	agreement without meetings is expressly allowed by the
553	applicable bylaws or declaration or any law statute that
554	provides for such action.
555	6.5.  Unit owners may waive notice of specific meetings if
556	allowed by the applicable bylaws or declaration or any law
557	statute. If authorized by the bylaws, notice of meetings of the
558	board of administration, unit owner meetings, except unit owner
559	meetings called to recall board members under paragraph (j), and
560	committee meetings may be given by e-mail electronic
561	transmission to unit owners who consent to receive notice by
562	electronic transmission.
563	7.6.  Unit owners may shall have the right to participate
564	in meetings of unit owners with reference to all designated
565	agenda items. However, the association may adopt reasonable
566	rules governing the frequency, duration, and manner of unit
567	owner participation.
568	8.7.  A Any unit owner may tape record or videotape a
569	meeting of the unit owners subject to reasonable rules adopted
570	by the division.
571	9.8.  Unless otherwise provided in the bylaws, any vacancy
572	occurring on the board before the expiration of a term may be
573	filled by the affirmative vote of the majority of the remaining
574	directors, even if the remaining directors constitute less than
575	a quorum, or by the sole remaining director. In the alternative,
576	a board may hold an election to fill the vacancy, in which case
577	the election procedures must conform to the requirements of sub-
578	subparagraph 4.a. 3.a. unless the association governs 10 units
579	or fewer and has opted out of the statutory election process, in
580	which case the bylaws of the association control. Unless
581	otherwise provided in the bylaws, a board member appointed or
582	elected under this section shall fill the vacancy for the
583	unexpired term of the seat being filled. Filling vacancies
584	created by recall is governed by paragraph (j) and rules adopted
585	by the division.
586
587	Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a.
588	(d)3.a., an association of 10 or fewer units may, by affirmative
589	vote of a majority of the total voting interests, provide for
590	different voting and election procedures in its bylaws, which
591	vote may be by a proxy specifically delineating the different
592	voting and election procedures. The different voting and
593	election procedures may provide for elections to be conducted by
594	limited or general proxy.
595	Section 3.  Section 718.114, Florida Statutes, is amended
596	to read:
597	718.114  Association powers.-An association may has the
598	power to enter into agreements, to acquire leaseholds,
599	memberships, and other possessory or use interests in lands or
600	facilities such as country clubs, golf courses, marinas, and
601	other recreational facilities,. It has this power whether or not
602	the lands or facilities are contiguous to the lands of the
603	condominium, if such lands and facilities they are intended to
604	provide enjoyment, recreation, or other use or benefit to the
605	unit owners. All of these leaseholds, memberships, and other
606	possessory or use interests existing or created at the time of
607	recording the declaration must be stated and fully described in
608	the declaration. Subsequent to the recording of the declaration,
609	agreements acquiring these leaseholds, memberships, or other
610	possessory or use interests which are not entered into within 12
611	months following the recording of the declaration are shall be
612	considered a material alteration or substantial addition to the
613	real property that is association property, and the association
614	may not acquire or enter into such agreements acquiring these
615	leaseholds, memberships, or other possessory or use interests
616	except upon a vote of, or written consent by, a majority of the
617	total voting interests as authorized by the declaration as
618	provided in s. 718.113. The declaration may provide that the
619	rental, membership fees, operations, replacements, and other
620	expenses are common expenses and may impose covenants and
621	restrictions concerning their use and may contain other
622	provisions not inconsistent with this chapter. A condominium
623	association may conduct bingo games as provided in s. 849.0931.
624	Section 4.  Subsection (3), paragraph (b) of subsection
625	(5), and subsection (11) of section 718.116, Florida Statutes,
626	are amended to read:
627	718.116  Assessments; liability; lien and priority;
628	interest; collection.-
629	(3)  Assessments and installments on assessments which are
630	not paid when due bear interest at the rate provided in the
631	declaration, from the due date until paid. The This rate may not
632	exceed the rate allowed by law, and, if no rate is provided in
633	the declaration, interest accrues at the rate of 18 percent per
634	year. Also, If provided by the declaration or bylaws, the
635	association may, in addition to such interest, charge an
636	administrative late fee of up to the greater of $25 or 5 percent
637	of each installment of the assessment for each delinquent
638	installment for which the payment is late. The association may
639	also charge for any reasonable expenses for collection services
640	incurred relating to the delinquent account. Any payment
641	received by an association must be applied first to any interest
642	accrued by the association, then to any administrative late fee,
643	then to any expenses for collection services, then to any costs
644	and reasonable attorney's fees incurred in collection, and then
645	to the delinquent assessment. The foregoing is applicable
646	notwithstanding any restrictive endorsement, designation, or
647	instruction placed on or accompanying a payment. A late fee is
648	not subject to chapter 687 or s. 718.303(4) 718.303(3).
649	(5)
650	(b)  To be valid, a claim of lien must state the
651	description of the condominium parcel, the name of the record
652	owner, the name and address of the association, the amount due,
653	and the due dates. It must be executed and acknowledged by an
654	officer or authorized agent of the association. The lien is not
655	effective longer than 1 year after the claim of lien was
656	recorded unless, within that time, an action to enforce the lien
657	is commenced. The 1-year period is automatically extended for
658	any length of time during which the association is prevented
659	from filing a foreclosure action by an automatic stay resulting
660	from a bankruptcy petition filed by the parcel owner or any
661	other person claiming an interest in the parcel. The claim of
662	lien secures all unpaid assessments that are due and that may
663	accrue after the claim of lien is recorded and through the entry
664	of a final judgment, as well as interest and all reasonable
665	costs and attorney's fees incurred by the association incident
666	to the collection process. The claim of lien also secures any
667	reasonable expenses for collection services relating to the
668	delinquent account which the association incurred before filing
669	a claim. Upon payment in full, the person making the payment is
670	entitled to a satisfaction of the lien.
671
672	After notice of contest of lien has been recorded, the clerk of
673	the circuit court shall mail a copy of the recorded notice to
674	the association by certified mail, return receipt requested, at
675	the address shown in the claim of lien or most recent amendment
676	to it and shall certify to the service on the face of the
677	notice. Service is complete upon mailing. After service, the
678	association has 90 days in which to file an action to enforce
679	the lien; and, if the action is not filed within the 90-day
680	period, the lien is void. However, the 90-day period shall be
681	extended for any length of time during which that the
682	association is prevented from filing its action because of an
683	automatic stay resulting from the filing of a bankruptcy
684	petition by the unit owner or by any other person claiming an
685	interest in the parcel.
686	(11)  If the unit is occupied by a tenant and the unit
687	owner is delinquent in paying any monetary obligation due to the
688	association, the association may make a written demand that the
689	tenant pay all unpaid rent due to the association the future
690	monetary obligations related to the condominium unit to the
691	association, and continue to the tenant must make such payment
692	until all monetary obligations of the unit owner related to the
693	unit have been paid in full to the association. The demand is
694	continuing in nature and, upon demand, The tenant must pay the
695	rent the monetary obligations to the association until the
696	association releases the tenant or the tenant discontinues
697	tenancy in the unit. The association must mail written notice to
698	the unit owner of the association's demand that the tenant make
699	payments to the association. The association shall, upon
700	request, provide the tenant with written receipts for payments
701	made. A tenant who acts in good faith in response to a written
702	demand from an association is immune from any claim by from the
703	unit owner. Any payment received from a tenant must be applied
704	to the unit owner's most delinquent monetary obligation.
705	(a)  If the tenant prepaid rent to the unit owner before
706	receiving the demand from the association and provides written
707	evidence of prepaying paying the rent to the association within
708	14 days after receiving the demand, the tenant shall receive
709	credit for the prepaid rent for the applicable period but and
710	must make any subsequent rental payments to the association to
711	be credited against the monetary obligations of the unit owner
712	to the association.
713	(b)  The tenant is not liable for increases in the amount
714	of the monetary obligations due unless the tenant was notified
715	in writing of the increase at least 10 days before the date the
716	rent is due. The liability of the tenant may not exceed the
717	amount due from the tenant to the tenant's landlord. The
718	tenant's landlord shall provide the tenant a credit against
719	rents due to the unit owner in the amount of moneys paid to the
720	association under this section.
721	(c)  The association may issue notices under s. 83.56 and
722	may sue for eviction under ss. 83.59-83.625 as if the
723	association were a landlord under part II of chapter 83 if the
724	tenant fails to pay a required payment to the association.
725	However, the association is not otherwise considered a landlord
726	under chapter 83 and specifically has no obligations duties
727	under s. 83.51.
728	(d)  The tenant does not, by virtue of payment of rent
729	monetary obligations to the association, have any of the rights
730	of a unit owner to vote in any election or to examine the books
731	and records of the association.
732	(e)  A court may supersede the effect of this subsection by
733	appointing a receiver.
734	Section 5.  Subsections (3), (4), and (11), paragraphs (a)
735	and (d) of subsection (12), subsection (14), paragraph (a) of
736	subsection (17), and subsections (18) and (19) of section
737	718.117, Florida Statutes, are amended to read:
738	718.117  Termination of condominium.-
739	(3)  OPTIONAL TERMINATION.-Except as provided in subsection
740	(2) or unless the declaration provides for a lower percentage,
741	the condominium form of ownership of the property may be
742	terminated for all or a portion of the condominium property
743	pursuant to a plan of termination approved by at least 80
744	percent of the total voting interests of the condominium if no
745	not more than 10 percent of the total voting interests of the
746	condominium have rejected the plan of termination by negative
747	vote or by providing written objections thereto. This subsection
748	does not apply to condominiums in which 75 percent or more of
749	the units are timeshare units.
750	(4)  EXEMPTION.-A plan of termination is not an amendment
751	subject to s. 718.110(4). In a partial termination, a plan of
752	termination is not an amendment subject to s. 718.110(4) if the
753	ownership share of the common elements of a surviving unit in
754	the condominium remains in the same proportion to the surviving
755	units as it was before the partial termination.
756	(11)  PLAN OF TERMINATION; OPTIONAL PROVISIONS; CONDITIONAL
757	TERMINATION.-
758	(a)  The plan of termination may provide that each unit
759	owner retains the exclusive right of possession to the portion
760	of the real estate which that formerly constituted the unit if,
761	in which case the plan specifies must specify the conditions of
762	possession. In a partial termination, the plan of termination as
763	specified in subsection (10) must also identify the units that
764	survive the partial termination and provide that such units
765	remain in the condominium form of ownership pursuant to an
766	amendment to the declaration of condominium or an amended and
767	restated declaration. In a partial termination, title to the
768	surviving units and common elements that remain part of the
769	condominium property specified in the plan of termination remain
770	vested in the ownership shown in the public records and do not
771	vest in the termination trustee.
772	(b)  In a conditional termination, the plan must specify
773	the conditions for termination. A conditional plan does not vest
774	title in the termination trustee until the plan and a
775	certificate executed by the association with the formalities of
776	a deed, confirming that the conditions in the conditional plan
777	have been satisfied or waived by the requisite percentage of the
778	voting interests, have been recorded. In a partial termination,
779	the plan does not vest title to the surviving units or common
780	elements that remain part of the condominium property in the
781	termination trustee.
782	(12)  ALLOCATION OF PROCEEDS OF SALE OF CONDOMINIUM
783	PROPERTY.-
784	(a)  Unless the declaration expressly provides for the
785	allocation of the proceeds of sale of condominium property, the
786	plan of termination must first apportion the proceeds between
787	the aggregate value of all units and the value of the common
788	elements, based on their respective fair market values
789	immediately before the termination, as determined by one or more
790	independent appraisers selected by the association or
791	termination trustee. In a partial termination, the aggregate
792	values of the units and common elements that are being
793	terminated must be separately determined, and the plan of
794	termination must specify the allocation of the proceeds of sale
795	for the units and common elements.
796	(d)  Liens that encumber a unit shall be transferred to the
797	proceeds of sale of the condominium property and the proceeds of
798	sale or other distribution of association property, common
799	surplus, or other association assets attributable to such unit
800	in their same priority. In a partial termination, liens that
801	encumber a unit being terminated must be transferred to the
802	proceeds of sale of that portion of the condominium property
803	being terminated which are attributable to such unit. The
804	proceeds of any sale of condominium property pursuant to a plan
805	of termination may not be deemed to be common surplus or
806	association property.
807	(14)  TITLE VESTED IN TERMINATION TRUSTEE.-If termination
808	is pursuant to a plan of termination under subsection (2) or
809	subsection (3), the unit owners' rights and title to as tenants
810	in common in undivided interests in the condominium property
811	being terminated vests vest in the termination trustee when the
812	plan is recorded or at a later date specified in the plan. The
813	unit owners thereafter become the beneficiaries of the proceeds
814	realized from the plan of termination as set forth in the plan.
815	The termination trustee may deal with the condominium property
816	being terminated or any interest therein if the plan confers on
817	the trustee the authority to protect, conserve, manage, sell, or
818	dispose of the condominium property. The trustee, on behalf of
819	the unit owners, may contract for the sale of real property
820	being terminated, but the contract is not binding on the unit
821	owners until the plan is approved pursuant to subsection (2) or
822	subsection (3).
823	(17)  DISTRIBUTION.-
824	(a)  Following termination of the condominium, the
825	condominium property, association property, common surplus, and
826	other assets of the association shall be held by the termination
827	trustee pursuant to the plan of termination, as trustee for unit
828	owners and holders of liens on the units, in their order of
829	priority unless otherwise set forth in the plan of termination.
830	(18)  ASSOCIATION STATUS.-The termination of a condominium
831	does not change the corporate status of the association that
832	operated the condominium property. The association continues to
833	exist to conclude its affairs, prosecute and defend actions by
834	or against it, collect and discharge obligations, dispose of and
835	convey its property, and collect and divide its assets, but not
836	to act except as necessary to conclude its affairs. In a partial
837	termination, the association may continue as the condominium
838	association for the property that remains subject to a
839	declaration of condominium.
840	(19)  CREATION OF ANOTHER CONDOMINIUM.-The termination or
841	partial termination of a condominium does not bar the filing of
842	a declaration of condominium or an amended and restated
843	declaration of condominium by the termination trustee or the
844	trustee's successor in interest which affects affecting any
845	portion of the same property that does not continue under the
846	condominium form of ownership pursuant to the plan of
847	termination. The partial termination may provide for the
848	simultaneous filing of an amendment to the declaration of
849	condominium or an amended and restated declaration of
850	condominium by the condominium association for any portion of
851	the property remaining in the condominium form of ownership.
852	Section 6.  Subsections (3), (4), and (5) of section
853	718.303, Florida Statutes, are amended, and subsection (6) is
854	added to that section, to read:
855	718.303  Obligations of owners and occupants; remedies.-
856	(3)  If a unit owner is delinquent for more than 90 days in
857	paying a monetary obligation due to the association, the
858	association may suspend the right of a unit owner or a unit's
859	occupant, licensee, or invitee to use common elements, common
860	facilities, or any other association property until the monetary
861	obligation is paid. This subsection does not apply to limited
862	common elements intended to be used only by that unit, common
863	elements that must be used to access the unit, utility services
864	provided to the unit, parking spaces, or elevators. The
865	association may also levy reasonable fines for the failure of
866	the owner of the unit, or its occupant, licensee, or invitee, to
867	comply with any provision of the declaration, the association
868	bylaws, or reasonable rules of the association. A fine may does
869	not become a lien against a unit. A fine may not exceed $100 per
870	violation. However, A fine may be levied on the basis of each
871	day of a continuing violation, with a single notice and
872	opportunity for hearing. However, the fine may not exceed $100
873	per violation, or $1,000 in the aggregate exceed $1,000. A fine
874	may not be levied and a suspension may not be imposed unless the
875	association first provides at least 14 days' written notice and
876	an opportunity for a hearing to the unit owner and, if
877	applicable, its occupant, licensee, or invitee. The hearing must
878	be held before a committee of other unit owners who are neither
879	board members nor persons residing in a board member's
880	household. If the committee does not agree with the fine or
881	suspension, the fine or suspension may not be levied or imposed.
882	(4)  If a unit owner is more than 90 days delinquent in
883	paying a monetary obligation due to the association, the
884	association may suspend the right of the unit owner or the
885	unit's occupant, licensee, or invitee to use common elements,
886	common facilities, or any other association property until the
887	monetary obligation is paid. This subsection does not apply to
888	limited common elements intended to be used only by that unit,
889	common elements needed to access the unit, utility services
890	provided to the unit, parking spaces, or elevators. The notice
891	and hearing requirements under subsection (3) do not apply to
892	suspensions imposed under this subsection.
893	(4)  The notice and hearing requirements of subsection (3)
894	do not apply to the imposition of suspensions or fines against a
895	unit owner or a unit's occupant, licensee, or invitee because of
896	failing to pay any amounts due the association. If such a fine
897	or suspension is imposed, the association must levy the fine or
898	impose a reasonable suspension at a properly noticed board
899	meeting, and after the imposition of such fine or suspension,
900	the association must notify the unit owner and, if applicable,
901	the unit's occupant, licensee, or invitee by mail or hand
902	delivery.
903	(5)  An association may also suspend the voting rights of a
904	member due to nonpayment of any monetary obligation due to the
905	association which is more than 90 days delinquent. The
906	suspension ends upon full payment of all obligations currently
907	due or overdue the association. The notice and hearing
908	requirements under subsection (3) do not apply to a suspension
909	imposed under this subsection.
910	(6)  All suspensions imposed pursuant to subsection (4) or
911	subsection (5) must be approved at a properly noticed board
912	meeting. Upon approval, the association must notify the unit
913	owner and, if applicable, the unit's occupant, licensee, or
914	invitee by mail or hand delivery.
915	Section 7.  Section 718.703, Florida Statutes, is amended
916	to read:
917	718.703  Definitions.-As used in this part, the term:
918	(1)  "Bulk assignee" means a person who is not a bulk buyer
919	and who:
920	(a)  Acquires more than seven condominium parcels in a
921	single condominium as set forth in s. 718.707; and
922	(b)  Receives an assignment of any of the developer rights,
923	other than or in addition to those rights described in
924	subsection (2), some or all of the rights of the developer as
925	set forth in the declaration of condominium or this chapter: by
926	1.  By a written instrument recorded as part of, or an
927	exhibit to the deed; or as
928	2.  By a separate instrument recorded in the public records
929	of the county in which the condominium is located; or
930	3.  Pursuant to a final judgment or certificate of title
931	issued in favor of a purchaser at a foreclosure sale.
932
933	A mortgagee or its assignee may not be deemed a bulk assignee or
934	a developer by reason of the acquisition of condominium units
935	and receipt of an assignment of some or all of a developer
936	rights unless the mortgagee or its assignee exercises any of the
937	developer rights other than those described in subsection (2).
938	(2)  "Bulk buyer" means a person who acquires more than
939	seven condominium parcels in a single condominium as set forth
940	in s. 718.707, but who does not receive an assignment of any
941	developer rights, or receives only some or all of the following
942	rights: other than
943	(a)  The right to conduct sales, leasing, and marketing
944	activities within the condominium;
945	(b)  The right to be exempt from the payment of working
946	capital contributions to the condominium association arising out
947	of, or in connection with, the bulk buyer's acquisition of the a
948	bulk number of units; and
949	(c)  The right to be exempt from any rights of first
950	refusal which may be held by the condominium association and
951	would otherwise be applicable to subsequent transfers of title
952	from the bulk buyer to a third party purchaser concerning one or
953	more units.
954	Section 8.  Section 718.704, Florida Statutes, is amended
955	to read:
956	718.704  Assignment and assumption of developer rights by
957	bulk assignee; bulk buyer.-
958	(1)  A bulk assignee is deemed to have assumed assumes and
959	is liable for all duties and responsibilities of the developer
960	under the declaration and this chapter upon its acquisition of
961	title to units, except that it is not liable for:
962	(a)  Warranties of the developer under s. 718.203(1) or s.
963	718.618, except as expressly provided by the bulk assignee in a
964	prospectus or offering circular, or the contract for purchase
965	and sale executed with a purchaser, or for design, construction,
966	development, or repair work performed by or on behalf of the
967	such bulk assignee.;
968	(b)  The obligation to:
969	1.  Fund converter reserves under s. 718.618 for a unit
970	that was not acquired by the bulk assignee; or
971	2.  Provide implied converter warranties on any portion of
972	the condominium property except as expressly provided by the
973	bulk assignee in a prospectus or offering circular, or the
974	contract for purchase and sale executed with a purchaser, or for
975	and pertaining to any design, construction, development, or
976	repair work performed by or on behalf of the bulk assignee.;
977	(c)  The requirement to provide the association with a
978	cumulative audit of the association's finances from the date of
979	formation of the condominium association as required by s.
980	718.301(4)(c). However, the bulk assignee must provide an audit
981	for the period during which the bulk assignee elects or appoints
982	a majority of the members of the board of administration.;
983	(d)  Any liability arising out of or in connection with
984	actions taken by the board of administration or the developer-
985	appointed directors before the bulk assignee elects or appoints
986	a majority of the members of the board of administration.; and
987	(e)  Any liability for or arising out of the developer's
988	failure to fund previous assessments or to resolve budgetary
989	deficits in relation to a developer's right to guarantee
990	assessments, except as otherwise provided in subsection (2).
991
992	The bulk assignee is also responsible only for delivering
993	documents and materials in accordance with s. 718.705(3). A bulk
994	assignee may expressly assume some or all of the developer
995	obligations of the developer described in paragraphs (a)-(e).
996	(2)  A bulk assignee assigned the developer rights
997	receiving the assignment of the rights of the developer to
998	guarantee the level of assessments and fund budgetary deficits
999	pursuant to s. 718.116 assumes and is liable for all obligations
1000	of the developer with respect to such guarantee upon its
1001	acquisition of title to the units, including any applicable
1002	funding of reserves to the extent required by law, for as long
1003	as the guarantee remains in effect. A bulk assignee not
1004	receiving such assignment, or a bulk buyer, does not assume and
1005	is not liable for the obligations of the developer with respect
1006	to such guarantee, but is responsible for payment of assessments
1007	due on or after acquisition of the units in the same manner as
1008	all other owners of condominium parcels or as otherwise provided
1009	in s. 718.116.
1010	(3)  A bulk buyer is liable for the duties and
1011	responsibilities of a the developer under the declaration and
1012	this chapter only to the extent that such provided in this part,
1013	together with any other duties or responsibilities are of the
1014	developer expressly assumed in writing by the bulk buyer.
1015	(4)  An acquirer of condominium parcels is not a bulk
1016	assignee or a bulk buyer if the transfer to such acquirer was
1017	made:
1018	(a)  Before the effective date of this part;
1019	(b)  With the intent to hinder, delay, or defraud any
1020	purchaser, unit owner, or the association;, or if the acquirer
1021	is
1022	(c)  By a person who would be considered an insider under
1023	s. 726.102(7).
1024	(5)  An assignment of developer rights to a bulk assignee
1025	may be made by a the developer, a previous bulk assignee, a
1026	mortgagee or assignee who has acquired title to the units and
1027	received an assignment of rights, or a court acting on behalf of
1028	the developer or the previous bulk assignee if such developer
1029	rights are held by the predecessor in title to the bulk
1030	assignee. At any particular time, there may not be no more than
1031	one bulk assignee within a condominium; however, but there may
1032	be more than one bulk buyer. If more than one acquirer of
1033	condominium parcels in the same condominium receives an
1034	assignment of developer rights in addition to those rights
1035	described in s. 718.703(2) from the same person, the bulk
1036	assignee is the acquirer whose instrument of assignment is
1037	recorded first in the public records of the county in which the
1038	condominium is located, and any subsequent purported bulk
1039	assignee may still qualify as a bulk buyer.
1040	Section 9.  Subsections (1) and (3) of section 718.705,
1041	Florida Statutes, are amended to read:
1042	718.705  Board of administration; transfer of control.-
1043	(1)  If, at the time the bulk assignee acquires title to
1044	the units and receives an assignment of developer rights, the
1045	developer has not relinquished control of the board of
1046	administration, for purposes of determining the timing for
1047	transfer of control of the board of administration of the
1048	association to unit owners other than the developer under s.
1049	718.301(1)(a) and (b), if a bulk assignee is entitled to elect a
1050	majority of the members of the board, a condominium parcel
1051	acquired by the bulk assignee is not deemed to be conveyed to a
1052	purchaser, or owned by an owner other than the developer, until
1053	the condominium parcel is conveyed to an owner who is not a bulk
1054	assignee.
1055	(3)  If a bulk assignee relinquishes control of the board
1056	of administration as set forth in s. 718.301, the bulk assignee
1057	must deliver all of those items required by s. 718.301(4).
1058	However, the bulk assignee is not required to deliver items and
1059	documents not in the possession of the bulk assignee if some
1060	items were or should have been in existence before the bulk
1061	assignee's acquisition of the units during the period during
1062	which the bulk assignee was entitled to elect at least a
1063	majority of the members of the board of administration. In
1064	conjunction with the acquisition of units condominium parcels, a
1065	bulk assignee shall undertake a good faith effort to obtain the
1066	documents and materials that must be provided to the association
1067	pursuant to s. 718.301(4). If the bulk assignee is not able to
1068	obtain all of such documents and materials, the bulk assignee
1069	must certify in writing to the association the names or
1070	descriptions of the documents and materials that were not
1071	obtainable by the bulk assignee. Delivery of the certificate
1072	relieves the bulk assignee of responsibility for delivering the
1073	documents and materials referenced in the certificate as
1074	otherwise required under ss. 718.112 and 718.301 and this part.
1075	The responsibility of the bulk assignee for the audit required
1076	by s. 718.301(4) commences as of the date on which the bulk
1077	assignee elected or appointed a majority of the members of the
1078	board of administration.
1079	Section 10.  Section 718.706, Florida Statutes, is amended
1080	to read:
1081	718.706  Specific provisions pertaining to offering of
1082	units by a bulk assignee or bulk buyer.-
1083	(1)  Before offering more than seven any units in a single
1084	condominium for sale or for lease for a term exceeding 5 years,
1085	a bulk assignee or a bulk buyer must file the following
1086	documents with the division and provide such documents to a
1087	prospective purchaser or tenant:
1088	(a)  An updated prospectus or offering circular, or a
1089	supplement to the prospectus or offering circular, filed by the
1090	original developer prepared in accordance with s. 718.504, which
1091	must include the form of contract for sale and for lease in
1092	compliance with s. 718.503(2);
1093	(b)  An updated Frequently Asked Questions and Answers
1094	sheet;
1095	(c)  The executed escrow agreement if required under s.
1096	718.202; and
1097	(d)  The financial information required by s. 718.111(13).
1098	However, if a financial information report did does not exist
1099	for the fiscal year before the acquisition of title by the bulk
1100	assignee or bulk buyer, and or accounting records that cannot be
1101	obtained in good faith by the bulk assignee or the bulk buyer
1102	which would permit preparation of the required financial
1103	information report for that period cannot be obtained despite
1104	good faith efforts by the bulk assignee or the bulk buyer, the
1105	bulk assignee or bulk buyer is excused from the requirement of
1106	this paragraph. However, the bulk assignee or bulk buyer must
1107	include in the purchase contract the following statement in
1108	conspicuous type:
1109
1110	ALL OR A PORTION OF THE FINANCIAL INFORMATION REPORT
1111	REQUIRED UNDER S. 718.111(13) FOR THE TIME PERIOD
1112	BEFORE THE SELLER'S ACQUISITION OF THE UNIT
1113	IMMEDIATELY PRECEDING FISCAL YEAR OF THE ASSOCIATION
1114	IS NOT AVAILABLE OR CANNOT BE OBTAINED DESPITE THE
1115	GOOD FAITH EFFORTS OF CREATED BY THE SELLER DUE TO THE
1116	INSUFFICIENT ACCOUNTING RECORDS OF THE ASSOCIATION.
1117
1118	(2)  Before offering more than seven any units in a single
1119	condominium for sale or for lease for a term exceeding 5 years,
1120	a bulk assignee or a bulk buyer must file with the division and
1121	provide to a prospective purchaser or tenant under a lease for a
1122	term exceeding 5 years a disclosure statement that includes, but
1123	is not limited to:
1124	(a)  A description of any rights of the developer rights
1125	that developer which have been assigned to the bulk assignee or
1126	bulk buyer;
1127	(b)  The following statement in conspicuous type:
1128
1129	THE SELLER IS NOT OBLIGATED FOR ANY WARRANTIES OF THE
1130	DEVELOPER UNDER S. 718.203(1) OR S. 718.618, AS
1131	APPLICABLE, EXCEPT FOR DESIGN, CONSTRUCTION,
1132	DEVELOPMENT, OR REPAIR WORK PERFORMED BY OR ON BEHALF
1133	OF THE SELLER; and
1134
1135	(c)  If the condominium is a conversion subject to part VI,
1136	the following statement in conspicuous type:
1137
1138	THE SELLER HAS NO OBLIGATION TO FUND CONVERTER
1139	RESERVES OR TO PROVIDE CONVERTER WARRANTIES UNDER S.
1140	718.618 ON ANY PORTION OF THE CONDOMINIUM PROPERTY
1141	EXCEPT AS MAY BE EXPRESSLY REQUIRED OF THE SELLER IN
1142	THE CONTRACT FOR PURCHASE AND SALE EXECUTED BY THE
1143	SELLER AND THE PREVIOUS DEVELOPER AND PERTAINING TO
1144	ANY DESIGN, CONSTRUCTION, DEVELOPMENT, OR REPAIR WORK
1145	PERFORMED BY OR ON BEHALF OF THE SELLER.
1146
1147	(3)  A bulk assignee, while it is in control of the board
1148	of administration of the association, may not authorize, on
1149	behalf of the association:
1150	(a)  The waiver of reserves or the reduction of funding of
1151	the reserves pursuant to s. 718.112(2)(f)2., unless approved by
1152	a majority of the voting interests not controlled by the
1153	developer, bulk assignee, and bulk buyer; or
1154	(b)  The use of reserve expenditures for other purposes
1155	pursuant to s. 718.112(2)(f)3., unless approved by a majority of
1156	the voting interests not controlled by the developer, bulk
1157	assignee, and bulk buyer.
1158	(4)  A bulk assignee or a bulk buyer must comply with all
1159	the requirements of s. 718.302 regarding any contracts entered
1160	into by the association during the period the bulk assignee or
1161	bulk buyer maintains control of the board of administration.
1162	Unit owners shall be provided afforded all of the rights and the
1163	protections contained in s. 718.302 regarding agreements entered
1164	into by the association which are under the control of before
1165	unit owners other than the developer, bulk assignee, or bulk
1166	buyer elected a majority of the board of administration.
1167	(5)  Notwithstanding any other provision of this part, a
1168	bulk assignee or a bulk buyer is not required to comply with the
1169	filing or disclosure requirements of subsections (1) and (2) if
1170	all of the units owned by the bulk assignee or bulk buyer are
1171	offered and conveyed to a single purchaser in a single
1172	transaction. A bulk buyer must comply with the requirements
1173	contained in the declaration regarding any transfer of a unit,
1174	including sales, leases, and subleases. A bulk buyer is not
1175	entitled to any exemptions afforded a developer or successor
1176	developer under this chapter regarding the transfer of a unit,
1177	including sales, leases, or subleases.
1178	Section 11.  Section 718.707, Florida Statutes, is amended
1179	to read:
1180	718.707  Time limitation for classification as bulk
1181	assignee or bulk buyer.-A person acquiring condominium parcels
1182	may not be classified as a bulk assignee or bulk buyer unless
1183	the condominium parcels were acquired on or after July 1, 2010,
1184	but before July 1, 2012. The date of such acquisition shall be
1185	determined by the date of recording of a deed or other
1186	instrument of conveyance for such parcels in the public records
1187	of the county in which the condominium is located, or by the
1188	date of issuing issuance of a certificate of title in a
1189	foreclosure proceeding with respect to such condominium parcels.
1190	Section 12.  Subsection (10) of section 719.108, Florida
1191	Statutes, is amended to read:
1192	719.108  Rents and assessments; liability; lien and
1193	priority; interest; collection; cooperative ownership.-
1194	(10)  If the unit is occupied by a tenant and the unit
1195	owner is delinquent in paying any monetary obligation due to the
1196	association, the association may make a written demand that the
1197	tenant pay all unpaid rent due to the association the future
1198	monetary obligations related to the unit cooperative share to
1199	the association and continue to the tenant must make such
1200	payment until all monetary obligations of the unit owner related
1201	to the unit have been paid in full to the association. The
1202	demand is continuing in nature, and upon demand, The tenant must
1203	pay the rent the monetary obligations to the association until
1204	the association releases the tenant or the tenant discontinues
1205	tenancy in the unit. The association must mail written notice to
1206	the unit owner of the association's demand that the tenant make
1207	payments to the association. The association shall, upon
1208	request, provide the tenant with written receipts for payments
1209	made. A tenant who acts in good faith in response to a written
1210	demand from an association is immune from any claim by from the
1211	unit owner. Any payment received from a tenant by the
1212	association must be applied to the unit owner's most delinquent
1213	monetary obligation.
1214	(a)  If the tenant prepaid rent to the unit owner before
1215	receiving the demand from the association and provides written
1216	evidence of prepaying paying the rent to the association within
1217	14 days after receiving the demand, the tenant shall receive
1218	credit for the prepaid rent for the applicable period but and
1219	must make any subsequent rental payments to the association to
1220	be credited against the monetary obligations of the unit owner
1221	to the association.
1222	(b)  The tenant is not liable for increases in the amount
1223	of the regular monetary obligations due unless the tenant was
1224	notified in writing of the increase at least 10 days before the
1225	date on which the rent is due. The liability of the tenant may
1226	not exceed the amount due from the tenant to the tenant's
1227	landlord. The tenant's landlord shall provide the tenant a
1228	credit against rents due to the unit owner in the amount of
1229	moneys paid to the association under this section.
1230	(c)  The association may issue notices under s. 83.56 and
1231	may sue for eviction under ss. 83.59-83.625 as if the
1232	association were a landlord under part II of chapter 83 if the
1233	tenant fails to pay a required payment. However, the association
1234	is not otherwise considered a landlord under chapter 83 and
1235	specifically has no obligations duties under s. 83.51.
1236	(d)  The tenant does not, by virtue of payment of monetary
1237	obligations, have any of the rights of a unit owner to vote in
1238	any election or to examine the books and records of the
1239	association.
1240	(e)  A court may supersede the effect of this subsection by
1241	appointing a receiver.
1242	Section 13.  Subsection (3) of section 719.303, Florida
1243	Statutes, is amended, and subsections (4), (5), and (6) are
1244	added to that section, to read:
1245	719.303  Obligations of owners.-
1246	(3)  If the cooperative documents so provide, The
1247	association may levy reasonable fines against a unit owner for
1248	failure of the unit owner or the unit's occupant, his or her
1249	licensee, or invitee or the unit's occupant to comply with any
1250	provision of the cooperative documents or reasonable rules of
1251	the association. A fine may not No fine shall become a lien
1252	against a unit. No fine shall exceed $100 per violation.
1253	However, A fine may be levied on the basis of each day of a
1254	continuing violation, with a single notice and opportunity for
1255	hearing. However, the fine may not exceed $100 per violation, or
1256	$1,000 provided that no such fine shall in the aggregate exceed
1257	$1,000. A No fine may not be levied except after giving
1258	reasonable notice and opportunity for a hearing to the unit
1259	owner and, if applicable, the unit's his or her licensee or
1260	invitee. The hearing must shall be held before a committee of
1261	other unit owners. If the committee does not agree with the
1262	fine, it may shall not be levied. This subsection does not apply
1263	to unoccupied units.
1264	(4)  If a unit owner is more than 90 days delinquent in
1265	paying a monetary obligation due to the association, the
1266	association may suspend the right of the unit owner or the
1267	unit's occupant, licensee, or invitee to use common elements,
1268	common facilities, or any other association property until the
1269	monetary obligation is paid. This subsection does not apply to
1270	limited common elements intended to be used only by that unit,
1271	common elements needed to access the unit, utility services
1272	provided to the unit, parking spaces, or elevators. The notice
1273	and hearing requirements under subsection (3) do not apply to
1274	suspensions imposed under this subsection.
1275	(5)  An association may suspend the voting rights of a
1276	member due to nonpayment of any monetary obligation due to the
1277	association which is more than 90 days delinquent. The
1278	suspension ends upon full payment of all obligations currently
1279	due or overdue the association. The notice and hearing
1280	requirements under subsection (3) do not apply to a suspension
1281	imposed under this subsection.
1282	(6)  All suspensions imposed pursuant to subsection (4) or
1283	subsection (5) must be approved at a properly noticed board
1284	meeting. Upon approval, the association must notify the unit
1285	owner and, if applicable, the unit's occupant, licensee, or
1286	invitee by mail or hand delivery.
1287	Section 14.  Paragraph (c) of subsection (5) of section
1288	720.303, Florida Statutes, is amended to read:
1289	720.303  Association powers and duties; meetings of board;
1290	official records; budgets; financial reporting; association
1291	funds; recalls.-
1292	(5)  INSPECTION AND COPYING OF RECORDS.-The official
1293	records shall be maintained within the state and must be open to
1294	inspection and available for photocopying by members or their
1295	authorized agents at reasonable times and places within 10
1296	business days after receipt of a written request for access.
1297	This subsection may be complied with by having a copy of the
1298	official records available for inspection or copying in the
1299	community. If the association has a photocopy machine available
1300	where the records are maintained, it must provide parcel owners
1301	with copies on request during the inspection if the entire
1302	request is limited to no more than 25 pages.
1303	(c)  The association may adopt reasonable written rules
1304	governing the frequency, time, location, notice, records to be
1305	inspected, and manner of inspections, but may not require a
1306	parcel owner to demonstrate any proper purpose for the
1307	inspection, state any reason for the inspection, or limit a
1308	parcel owner's right to inspect records to less than one 8-hour
1309	business day per month. The association may impose fees to cover
1310	the costs of providing copies of the official records,
1311	including, without limitation, the costs of copying. The
1312	association may charge up to 50 cents per page for copies made
1313	on the association's photocopier. If the association does not
1314	have a photocopy machine available where the records are kept,
1315	or if the records requested to be copied exceed 25 pages in
1316	length, the association may have copies made by an outside
1317	vendor or association management company personnel and may
1318	charge the actual cost of copying, including any reasonable
1319	costs involving personnel fees and charges at an hourly rate for
1320	vendor or employee time to cover administrative costs to the
1321	vendor or association. The association shall maintain an
1322	adequate number of copies of the recorded governing documents,
1323	to ensure their availability to members and prospective members.
1324	Notwithstanding this paragraph, the following records are not
1325	accessible to members or parcel owners:
1326	1.  Any record protected by the lawyer-client privilege as
1327	described in s. 90.502 and any record protected by the work-
1328	product privilege, including, but not limited to, a any record
1329	prepared by an association attorney or prepared at the
1330	attorney's express direction which reflects a mental impression,
1331	conclusion, litigation strategy, or legal theory of the attorney
1332	or the association and which was prepared exclusively for civil
1333	or criminal litigation or for adversarial administrative
1334	proceedings or which was prepared in anticipation of such
1335	imminent civil or criminal litigation or imminent adversarial
1336	administrative proceedings until the conclusion of the
1337	litigation or administrative proceedings.
1338	2.  Information obtained by an association in connection
1339	with the approval of the lease, sale, or other transfer of a
1340	parcel.
1341	3.  Personnel records of the association's employees,
1342	including, but not limited to, disciplinary, payroll, health,
1343	and insurance records, but not including written employment
1344	agreements with an association employee or budgetary or
1345	financial records that indicate the compensation paid to an
1346	association employee.
1347	4.  Medical records of parcel owners or community
1348	residents.
1349	5.  Social security numbers, driver's license numbers,
1350	credit card numbers, e-mail electronic mailing addresses,
1351	telephone numbers, facsimile numbers, emergency contact
1352	information, any addresses for a parcel owner other than as
1353	provided for association notice requirements, and other personal
1354	identifying information of any person, excluding the person's
1355	name, parcel designation, mailing address, and property address.
1356	6.  Any electronic security measure that is used by the
1357	association to safeguard data, including passwords.
1358	7.  The software and operating system used by the
1359	association which allows the manipulation of data, even if the
1360	owner owns a copy of the same software used by the association.
1361	The data is part of the official records of the association.
1362	Section 15.  Subsections (2) and (3) of section 720.305,
1363	Florida Statutes, are amended and renumbered as subsections (3)
1364	and (4), respectively, and subsection (5) is added to that
1365	section, to read:
1366	720.305  Obligations of members; remedies at law or in
1367	equity; levy of fines and suspension of use rights.-
1368	(2)  The association If a member is delinquent for more
1369	than 90 days in paying a monetary obligation due the
1370	association, an association may suspend, until such monetary
1371	obligation is paid, the rights of a member or a member's
1372	tenants, guests, or invitees, or both, to use common areas and
1373	facilities and may levy reasonable fines of up to $100 per
1374	violation, against any member or any member's tenant, guest, or
1375	invitee for the failure of the owner of the parcel, or its
1376	occupant, licensee, or invitee, to comply with any provision of
1377	the declaration, the association bylaws, or reasonable rules of
1378	the association. A fine may be levied for each day of a
1379	continuing violation, with a single notice and opportunity for
1380	hearing, except that the a fine may not exceed $1,000 in the
1381	aggregate unless otherwise provided in the governing documents.
1382	A fine of less than $1,000 may not become a lien against a
1383	parcel. In any action to recover a fine, the prevailing party is
1384	entitled to collect its reasonable attorney's fees and costs
1385	from the nonprevailing party as determined by the court.
1386	(a)  If the governing documents so provide, an association
1387	may suspend, for a reasonable period of time, the rights of a
1388	member or a member's tenant, guest, or invitee, to use common
1389	areas and facilities for the failure of the owner of the parcel,
1390	or its occupant, licensee, or invitee, to comply with any
1391	provision of the declaration, the association bylaws, or
1392	reasonable rules of the association. The provisions regarding
1393	the suspension-of-use rights do not apply to the portion of
1394	common areas that must be used to provide access to the parcel
1395	or utility services provided to the parcel.
1396	(b)(a)  A fine or suspension may not be imposed without at
1397	least 14 days' notice to the person sought to be fined or
1398	suspended and an opportunity for a hearing before a committee of
1399	at least three members appointed by the board who are not
1400	officers, directors, or employees of the association, or the
1401	spouse, parent, child, brother, or sister of an officer,
1402	director, or employee. If the committee, by majority vote, does
1403	not approve a proposed fine or suspension, it may not be
1404	imposed. If the association imposes a fine or suspension, the
1405	association must provide written notice of such fine or
1406	suspension by mail or hand delivery to the parcel owner and, if
1407	applicable, to any tenant, licensee, or invitee of the parcel
1408	owner.
1409	(3)  If a member is more than 90 days delinquent in paying
1410	a monetary obligation due the association, the association may
1411	suspend the rights of a member, or a member's tenant, guest, or
1412	invitee, to use common areas and facilities until the monetary
1413	obligation is paid. The subsection does not apply to that
1414	portion of common areas used to provide access to the parcel or
1415	to utility services provided to the parcel.
1416	(b)  Suspension does of common-area-use rights do not
1417	impair the right of an owner or tenant of a parcel to have
1418	vehicular and pedestrian ingress to and egress from the parcel,
1419	including, but not limited to, the right to park. The notice and
1420	hearing requirements under subsection (2) do not apply to a
1421	suspension imposed under this subsection.
1422	(4)(3)  If the governing documents so provide, An
1423	association may suspend the voting rights of a member for the
1424	nonpayment of any monetary obligation that is more than regular
1425	annual assessments that are delinquent in excess of 90 days
1426	delinquent. The notice and hearing requirements under subsection
1427	(2) do not apply to a suspension imposed under this subsection.
1428	The suspension ends upon full payment of all obligations
1429	currently due or overdue the association.
1430	(5)  All suspensions imposed pursuant to subsection (3) or
1431	subsection (4) must be approved at a properly noticed board
1432	meeting. Upon approval, the association must notify the parcel
1433	owner and, if applicable, the parcel's occupant, licensee, or
1434	invitee by mail or hand delivery.
1435	Section 16.  Paragraph (a) of subsection (1) and subsection
1436	(8) of section 720.3085, Florida Statutes, are amended to read:
1437	720.3085  Payment for assessments; lien claims.-
1438	(1)  When authorized by the governing documents, the
1439	association has a lien on each parcel to secure the payment of
1440	assessments and other amounts provided for by this section.
1441	Except as otherwise set forth in this section, the lien is
1442	effective from and shall relate back to the date on which the
1443	original declaration of the community was recorded. However, as
1444	to first mortgages of record, the lien is effective from and
1445	after recording of a claim of lien in the public records of the
1446	county in which the parcel is located. This subsection does not
1447	bestow upon any lien, mortgage, or certified judgment of record
1448	on July 1, 2008, including the lien for unpaid assessments
1449	created in this section, a priority that, by law, the lien,
1450	mortgage, or judgment did not have before July 1, 2008.
1451	(a)  To be valid, a claim of lien must state the
1452	description of the parcel, the name of the record owner, the
1453	name and address of the association, the assessment amount due,
1454	and the due date. The claim of lien secures shall secure all
1455	unpaid assessments that are due and that may accrue subsequent
1456	to the recording of the claim of lien and before entry of a
1457	certificate of title, as well as interest, late charges, and
1458	reasonable costs and attorney's fees incurred by the association
1459	incident to the collection process. The claim of lien also
1460	secures any reasonable expenses for collection services relating
1461	to the delinquent account which the association incurred before
1462	filing a claim. The person making the payment is entitled to a
1463	satisfaction of the lien upon payment in full.
1464	(8)  If the parcel is occupied by a tenant and the parcel
1465	owner is delinquent in paying any monetary obligation due to the
1466	association, the association may demand that the tenant pay all
1467	unpaid rent due to the association the future monetary
1468	obligations related to the parcel until all the monetary
1469	obligations of the parcel owner related to the parcel have been
1470	paid. The demand is continuing in nature, and upon demand, the
1471	tenant must continue to pay the rent to the association the
1472	monetary obligations until the association releases the tenant
1473	or the tenant discontinues tenancy in the parcel. A tenant who
1474	acts in good faith in response to a written demand from an
1475	association is immune from any claim by from the parcel owner.
1476	Any payment received from a tenant by the association must be
1477	applied to the parcel owner's most delinquent monetary
1478	obligation.
1479	(a)  If the tenant prepaid rent to the parcel owner before
1480	receiving the demand from the association and provides written
1481	evidence of prepaying paying the rent to the association within
1482	14 days after receiving the demand, the tenant shall receive
1483	credit for the prepaid rent for the applicable period but and
1484	must make any subsequent rental payments to the association to
1485	be credited against the monetary obligations of the parcel owner
1486	to the association. The association shall, upon request, provide
1487	the tenant with written receipts for payments made. The
1488	association shall mail written notice to the parcel owner of the
1489	association's demand that the tenant pay monetary obligations to
1490	the association.
1491	(b)  The tenant is not liable for increases in the amount
1492	of the monetary obligations due unless the tenant was notified
1493	in writing of the increase at least 10 days before the date on
1494	which the rent is due. The tenant shall be given a credit
1495	against rents due to the parcel owner in the amount of
1496	assessments paid to the association.
1497	(c)  The association may issue notices under s. 83.56 and
1498	may sue for eviction under ss. 83.59-83.625 as if the
1499	association were a landlord under part II of chapter 83 if the
1500	tenant fails to pay a monetary obligation. However, the
1501	association is not otherwise considered a landlord under chapter
1502	83 and specifically has no obligations duties under s. 83.51.
1503	(d)  The tenant does not, by virtue of payment of monetary
1504	obligations, have any of the rights of a parcel owner to vote in
1505	any election or to examine the books and records of the
1506	association.
1507	(e)  A court may supersede the effect of this subsection by
1508	appointing a receiver.
1509	Section 17.  Section 720.309, Florida Statutes, is amended
1510	to read:
1511	720.309  Agreements entered into by the association.-
1512	(1)  Any grant or reservation made by any document, and any
1513	contract that has with a term greater than in excess of 10
1514	years, that is made by an association before control of the
1515	association is turned over to the members other than the
1516	developer, and that provides which provide for the operation,
1517	maintenance, or management of the association or common areas,
1518	must be fair and reasonable.
1519	(2)  If the governing documents provide for the cost of
1520	communication services as defined in s. 202.11, information
1521	services, or Internet services obtained pursuant to a bulk
1522	contract shall be deemed an operating expense of the
1523	association. If the governing documents do not provide for such
1524	services, the board may contract for the services and the cost
1525	shall be deemed an operating expense of the association but must
1526	be allocated on a per-parcel basis rather than a percentage
1527	basis notwithstanding that the governing documents provide for
1528	other than an equal sharing of operating expenses. Any contract
1529	entered into before July 1, 2011, in which the cost of the
1530	service is not equally divided among all parcel owners may be
1531	changed by a majority of the voting interests present at a
1532	regular or special meeting of the association in order to
1533	allocate the cost equally among all parcels.
1534	(a)  Any contract entered into may be canceled by a
1535	majority of the voting interests present at the next regular or
1536	special meeting of the association, whichever occurs first. Any
1537	member may make a motion to cancel such contract, but if no
1538	motion is made or if such motion fails to obtain the required
1539	vote, the contract shall be deemed ratified for the term
1540	expressed therein.
1541	(b)  Any contract entered into must provide, and shall be
1542	deemed to provide if not expressly set forth therein, that a
1543	hearing-impaired or legally blind parcel owner who does not
1544	occupy the parcel with a non-hearing-impaired or sighted person,
1545	or any parcel owner receiving supplemental security income under
1546	Title XVI of the Social Security Act or food stamps as
1547	administered by the Department of Children and Family Services
1548	pursuant to s. 414.31, may discontinue the service without
1549	incurring disconnect fees, penalties, or subsequent service
1550	charges, and may not be required to pay any operating expenses
1551	charge related to such service for those parcels. If fewer than
1552	all parcel owners share the expenses of the communication
1553	services, information services, or Internet services, the
1554	expense must be shared by all participating parcel owners. The
1555	association may use the provisions of s. 720.3085 to enforce
1556	payment by the parcel owners receiving such services.
1557	(c)  A resident of any parcel, whether a tenant or parcel
1558	owner, may not be denied access to available franchised,
1559	licensed, or certificated cable or video service providers if
1560	the resident pays the provider directly for services. A resident
1561	or cable or video service provider may not be required to pay
1562	anything of value in order to obtain or provide such service
1563	except for the charges normally paid for like services by
1564	residents of single-family homes located outside the community
1565	but within the same franchised, licensed, or certificated area,
1566	and except for installation charges agreed to between the
1567	resident and the service provider.
1568	Section 18.  This act shall take effect July 1, 2011.

CODING: Words stricken are deletions; words underlined are additions.