Bill Text: FL S0056 | 2021 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Community Association Assessment Notices
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2021-06-17 - Chapter No. 2021-91, companion bill(s) passed, see CS/CS/SB 630 (Ch. 2021-99) [S0056 Detail]
Download: Florida-2021-S0056-Comm_Sub.html
Bill Title: Community Association Assessment Notices
Spectrum: Slight Partisan Bill (? 2-1)
Status: (Passed) 2021-06-17 - Chapter No. 2021-91, companion bill(s) passed, see CS/CS/SB 630 (Ch. 2021-99) [S0056 Detail]
Download: Florida-2021-S0056-Comm_Sub.html
Florida Senate - 2021 CS for CS for SB 56
By the Committees on Rules; and Community Affairs; and Senator
Rodriguez
595-02735-21 202156c2
1 A bill to be entitled
2 An act relating to community association assessment
3 notices; amending s. 718.111, F.S.; requiring
4 condominium associations to maintain specified
5 affirmative acknowledgments as official records of the
6 association; specifying that such acknowledgments are
7 not accessible to unit owners; amending s. 718.116,
8 F.S.; revising timeframes for foreclosure judgments;
9 conforming provisions to changes made by the act;
10 amending s. 718.121, F.S.; requiring condominium
11 associations to deliver certain invoices for
12 assessments or statements of account to unit owners in
13 a specified manner; requiring condominium associations
14 to give notice to unit owners before changing the
15 method of delivery for the invoices for assessments or
16 statements of account; providing requirements for the
17 notice; requiring unit owners to affirmatively
18 acknowledge the changes in delivery methods;
19 prohibiting condominium associations from requiring
20 the payment of attorney fees relating to past due
21 assessments without first providing a specified notice
22 to unit owners; providing requirements for the notice;
23 establishing a rebuttable presumption relating to
24 mailing the notice if a certain requirement is met;
25 revising the timeframe for condominium associations to
26 file liens against condominium units; conforming
27 provisions to changes made by the act; amending s.
28 719.104, F.S.; requiring cooperative associations to
29 maintain specified affirmative acknowledgments as
30 official records of the association; specifying that
31 such acknowledgments are not accessible to unit
32 owners; amending s. 719.108, F.S.; requiring
33 cooperative associations to deliver certain invoices
34 for assessments or statements of account to unit
35 owners in a specified manner; requiring cooperative
36 associations to give notice to unit owners before
37 changing the method of delivery for the invoices for
38 assessments or statements of account; providing
39 requirements for the notice; requiring unit owners to
40 affirmatively acknowledge the changes in delivery
41 methods; prohibiting cooperative associations from
42 requiring the payment of attorney fees relating to
43 past due assessments without first providing specified
44 notice to unit owners; providing requirements for the
45 notice; establishing a rebuttable presumption relating
46 to mailing the notice if a certain requirement is met;
47 revising the timeframe for cooperative associations to
48 file liens against cooperative parcels; conforming
49 provisions to changes made by the act; amending s.
50 720.303, F.S.; requiring homeowners’ associations to
51 maintain specified affirmative acknowledgments as
52 official records of the association; specifying that
53 such acknowledgments are not accessible to parcel
54 owners; amending s. 720.3085, F.S.; requiring
55 homeowners’ associations to deliver certain invoices
56 for assessments or statements of account to parcel
57 owners in a specified manner; requiring homeowners’
58 associations to give notice to parcel owners before
59 changing the method of delivery for the invoices for
60 assessments or statements of account; providing
61 requirements for the notice; requiring parcel owners
62 to affirmatively acknowledge the changes in delivery
63 methods; prohibiting homeowners’ associations from
64 requiring the payment of attorney fees relating to
65 past due assessments without first providing specified
66 notice to parcel owners; providing requirements for
67 the notice; establishing a rebuttable presumption
68 relating to mailing the notice if a certain
69 requirement is met; providing an effective date.
70
71 Be It Enacted by the Legislature of the State of Florida:
72
73 Section 1. Paragraphs (a) and (c) of subsection (12) of
74 section 718.111, Florida Statutes, are amended to read:
75 718.111 The association.—
76 (12) OFFICIAL RECORDS.—
77 (a) From the inception of the association, the association
78 shall maintain each of the following items, if applicable, which
79 constitutes the official records of the association:
80 1. A copy of the plans, permits, warranties, and other
81 items provided by the developer pursuant to s. 718.301(4).
82 2. A photocopy of the recorded declaration of condominium
83 of each condominium operated by the association and each
84 amendment to each declaration.
85 3. A photocopy of the recorded bylaws of the association
86 and each amendment to the bylaws.
87 4. A certified copy of the articles of incorporation of the
88 association, or other documents creating the association, and
89 each amendment thereto.
90 5. A copy of the current rules of the association.
91 6. A book or books that contain the minutes of all meetings
92 of the association, the board of administration, and the unit
93 owners.
94 7. A current roster of all unit owners and their mailing
95 addresses, unit identifications, voting certifications, and, if
96 known, telephone numbers. The association shall also maintain
97 the e-mail addresses and facsimile numbers of unit owners
98 consenting to receive notice by electronic transmission. The e
99 mail addresses and facsimile numbers are not accessible to unit
100 owners if consent to receive notice by electronic transmission
101 is not provided in accordance with sub-subparagraph (c)3.e.
102 However, the association is not liable for an inadvertent
103 disclosure of the e-mail address or facsimile number for
104 receiving electronic transmission of notices.
105 8. All current insurance policies of the association and
106 condominiums operated by the association.
107 9. A current copy of any management agreement, lease, or
108 other contract to which the association is a party or under
109 which the association or the unit owners have an obligation or
110 responsibility.
111 10. Bills of sale or transfer for all property owned by the
112 association.
113 11. Accounting records for the association and separate
114 accounting records for each condominium that the association
115 operates. Any person who knowingly or intentionally defaces or
116 destroys such records, or who knowingly or intentionally fails
117 to create or maintain such records, with the intent of causing
118 harm to the association or one or more of its members, is
119 personally subject to a civil penalty pursuant to s.
120 718.501(1)(d). The accounting records must include, but are not
121 limited to:
122 a. Accurate, itemized, and detailed records of all receipts
123 and expenditures.
124 b. A current account and a monthly, bimonthly, or quarterly
125 statement of the account for each unit designating the name of
126 the unit owner, the due date and amount of each assessment, the
127 amount paid on the account, and the balance due.
128 c. All audits, reviews, accounting statements, and
129 financial reports of the association or condominium.
130 d. All contracts for work to be performed. Bids for work to
131 be performed are also considered official records and must be
132 maintained by the association.
133 12. Ballots, sign-in sheets, voting proxies, and all other
134 papers and electronic records relating to voting by unit owners,
135 which must be maintained for 1 year from the date of the
136 election, vote, or meeting to which the document relates,
137 notwithstanding paragraph (b).
138 13. All rental records if the association is acting as
139 agent for the rental of condominium units.
140 14. A copy of the current question and answer sheet as
141 described in s. 718.504.
142 15. All other written records of the association not
143 specifically included in the foregoing which are related to the
144 operation of the association.
145 16. A copy of the inspection report as described in s.
146 718.301(4)(p).
147 16.17. Bids for materials, equipment, or services.
148 17. All affirmative acknowledgments made pursuant to s.
149 718.121(4)(c).
150 18. All other written records of the association not
151 specifically included in the foregoing which are related to the
152 operation of the association.
153 (c)1. The official records of the association are open to
154 inspection by any association member or the authorized
155 representative of such member at all reasonable times. The right
156 to inspect the records includes the right to make or obtain
157 copies, at the reasonable expense, if any, of the member or
158 authorized representative of such member. A renter of a unit has
159 a right to inspect and copy the association’s bylaws and rules.
160 The association may adopt reasonable rules regarding the
161 frequency, time, location, notice, and manner of record
162 inspections and copying. The failure of an association to
163 provide the records within 10 working days after receipt of a
164 written request creates a rebuttable presumption that the
165 association willfully failed to comply with this paragraph. A
166 unit owner who is denied access to official records is entitled
167 to the actual damages or minimum damages for the association’s
168 willful failure to comply. Minimum damages are $50 per calendar
169 day for up to 10 days, beginning on the 11th working day after
170 receipt of the written request. The failure to permit inspection
171 entitles any person prevailing in an enforcement action to
172 recover reasonable attorney fees from the person in control of
173 the records who, directly or indirectly, knowingly denied access
174 to the records.
175 2. Any person who knowingly or intentionally defaces or
176 destroys accounting records that are required by this chapter to
177 be maintained during the period for which such records are
178 required to be maintained, or who knowingly or intentionally
179 fails to create or maintain accounting records that are required
180 to be created or maintained, with the intent of causing harm to
181 the association or one or more of its members, is personally
182 subject to a civil penalty pursuant to s. 718.501(1)(d).
183 3. The association shall maintain an adequate number of
184 copies of the declaration, articles of incorporation, bylaws,
185 and rules, and all amendments to each of the foregoing, as well
186 as the question and answer sheet as described in s. 718.504 and
187 year-end financial information required under this section, on
188 the condominium property to ensure their availability to unit
189 owners and prospective purchasers, and may charge its actual
190 costs for preparing and furnishing these documents to those
191 requesting the documents. An association shall allow a member or
192 his or her authorized representative to use a portable device,
193 including a smartphone, tablet, portable scanner, or any other
194 technology capable of scanning or taking photographs, to make an
195 electronic copy of the official records in lieu of the
196 association’s providing the member or his or her authorized
197 representative with a copy of such records. The association may
198 not charge a member or his or her authorized representative for
199 the use of a portable device. Notwithstanding this paragraph,
200 the following records are not accessible to unit owners:
201 a. Any record protected by the lawyer-client privilege as
202 described in s. 90.502 and any record protected by the work
203 product privilege, including a record prepared by an association
204 attorney or prepared at the attorney’s express direction, which
205 reflects a mental impression, conclusion, litigation strategy,
206 or legal theory of the attorney or the association, and which
207 was prepared exclusively for civil or criminal litigation or for
208 adversarial administrative proceedings, or which was prepared in
209 anticipation of such litigation or proceedings until the
210 conclusion of the litigation or proceedings.
211 b. Information obtained by an association in connection
212 with the approval of the lease, sale, or other transfer of a
213 unit.
214 c. Personnel records of association or management company
215 employees, including, but not limited to, disciplinary, payroll,
216 health, and insurance records. For purposes of this sub
217 subparagraph, the term “personnel records” does not include
218 written employment agreements with an association employee or
219 management company, or budgetary or financial records that
220 indicate the compensation paid to an association employee.
221 d. Medical records of unit owners.
222 e. Social security numbers, driver license numbers, credit
223 card numbers, e-mail addresses, telephone numbers, facsimile
224 numbers, emergency contact information, addresses of a unit
225 owner other than as provided to fulfill the association’s notice
226 requirements, and other personal identifying information of any
227 person, excluding the person’s name, unit designation, mailing
228 address, property address, and any address, e-mail address, or
229 facsimile number provided to the association to fulfill the
230 association’s notice requirements. Notwithstanding the
231 restrictions in this sub-subparagraph, an association may print
232 and distribute to parcel owners a directory containing the name,
233 parcel address, and all telephone numbers of each parcel owner.
234 However, an owner may exclude his or her telephone numbers from
235 the directory by so requesting in writing to the association. An
236 owner may consent in writing to the disclosure of other contact
237 information described in this sub-subparagraph. The association
238 is not liable for the inadvertent disclosure of information that
239 is protected under this sub-subparagraph if the information is
240 included in an official record of the association and is
241 voluntarily provided by an owner and not requested by the
242 association.
243 f. Electronic security measures that are used by the
244 association to safeguard data, including passwords.
245 g. The software and operating system used by the
246 association which allow the manipulation of data, even if the
247 owner owns a copy of the same software used by the association.
248 The data is part of the official records of the association.
249 h. All affirmative acknowledgments made pursuant to s.
250 718.121(4)(c).
251 Section 2. Paragraph (b) of subsection (6) of section
252 718.116, Florida Statutes, is amended to read:
253 718.116 Assessments; liability; lien and priority;
254 interest; collection.—
255 (6)
256 (b) No foreclosure judgment may be entered until at least
257 45 30 days after the association gives written notice to the
258 unit owner of its intention to foreclose its lien to collect the
259 unpaid assessments. The notice must be in substantially the
260 following form:
261
262 DELINQUENT ASSESSMENT
263
264 This letter is to inform you a Claim of Lien has been
265 filed against your property because you have not paid
266 the ...(type of assessment)... assessment to ...(name
267 of association).... The association intends to
268 foreclose the lien and collect the unpaid amount
269 within 45 30 days of this letter being provided to
270 you.
271
272 You owe the interest accruing from ...(month/year)...
273 to the present. As of the date of this letter, the
274 total amount due with interest is $..... All costs of
275 any action and interest from this day forward will
276 also be charged to your account.
277
278 Any questions concerning this matter should be
279 directed to ...(insert name, addresses, and telephone
280 numbers of association representative)....
281
282 If this notice is not given at least 45 30 days before the
283 foreclosure action is filed, and if the unpaid assessments,
284 including those coming due after the claim of lien is recorded,
285 are paid before the entry of a final judgment of foreclosure,
286 the association shall not recover attorney attorney’s fees or
287 costs. The notice must be given by delivery of a copy of it to
288 the unit owner or by certified or registered mail, return
289 receipt requested, addressed to the unit owner at his or her
290 last known address; and, upon such mailing, the notice shall be
291 deemed to have been given, and the court shall proceed with the
292 foreclosure action and may award attorney attorney’s fees and
293 costs as permitted by law. The notice requirements of this
294 subsection are satisfied if the unit owner records a notice of
295 contest of lien as provided in subsection (5). The notice
296 requirements of this subsection do not apply if an action to
297 foreclose a mortgage on the condominium unit is pending before
298 any court; if the rights of the association would be affected by
299 such foreclosure; and if actual, constructive, or substitute
300 service of process has been made on the unit owner.
301 Section 3. Subsection (4) of section 718.121, Florida
302 Statutes, is amended, and subsections (5) and (6) are added to
303 that section, to read:
304 718.121 Liens.—
305 (4)(a) If an association sends out an invoice for
306 assessments or a unit’s statement of the account described in s.
307 718.111(12), the invoice for assessments or the unit’s statement
308 of account must be delivered to the unit owner by first-class
309 United States mail or by electronic transmission to the unit
310 owner’s e-mail address maintained in the association’s official
311 records.
312 (b) Before changing the method of delivery for an invoice
313 for assessments or the statement of the account, the association
314 must deliver a written notice of such change to each unit owner.
315 The written notice must be delivered to the unit owner at least
316 30 days before the association sends the invoice for assessments
317 or the statement of the account by the new delivery method. The
318 notice must be sent by first-class United States mail to the
319 unit owner at his or her last address as reflected in the
320 association’s records and, if such address is not the unit
321 address, must be sent by first-class United States mail to the
322 unit address. Notice is deemed to have been delivered upon
323 mailing as required by this paragraph.
324 (c) A unit owner must affirmatively acknowledge his or her
325 understanding that the association will change its method of
326 delivery of the invoice for assessments or the unit’s statement
327 of the account before the association may change the method of
328 delivering the statement of the account. The unit owner may make
329 the affirmative acknowledgment electronically or in writing.
330 (5) An association may not require payment of attorney fees
331 related to a past due assessment without first delivering a
332 written notice of late assessment to the unit owner which
333 specifies the amount owed the association and provides the unit
334 owner an opportunity to pay the amount owed without the
335 assessment of attorney fees. The notice of late assessment must
336 be sent by first-class United States mail to the unit owner at
337 his or her last address as reflected in the association’s
338 records and, if such address is not the unit address, must also
339 be sent by first-class United States mail to the unit address.
340 Notice is deemed to have been delivered upon mailing as required
341 by this subsection. A rebuttable presumption that an association
342 mailed a notice in accordance with this subsection is
343 established if a board member, officer, or agent of the
344 association, or a manager licensed under part VIII of chapter
345 468, provides a sworn affidavit attesting to such mailing. The
346 notice must be in substantially the following form:
347
348 NOTICE OF LATE ASSESSMENT
349
350 RE: Unit .... of ...(name of association)...
351
352 The following amounts are currently due on your
353 account to ...(name of association)..., and must be
354 paid within 30 days of the date of this letter. This
355 letter shall serve as the association’s notice of its
356 intent to proceed with further collection action
357 against your property no sooner than 30 days of the
358 date of this letter, unless you pay in full the
359 amounts set forth below:
360
361 Maintenance due ...(dates)... $.....
362 Late fee, if applicable $.....
363 Interest through ...(dates)...* $.....
364 TOTAL OUTSTANDING $.....
365
366 *Interest accrues at the rate of .... percent per annum.
367 (6) Except as otherwise provided in this chapter, no lien
368 may be filed by the association against a condominium unit until
369 45 30 days after the date on which a notice of intent to file a
370 lien has been delivered to the owner by registered or certified
371 mail, return receipt requested, and by first-class United States
372 mail to the owner at his or her last address as reflected in the
373 association’s records and, if such address is not the unit
374 address, by first-class United States mail to the unit address
375 of the association, if the address is within the United States,
376 and delivered to the owner at the address of the unit if the
377 owner’s address as reflected in the records of the association
378 is not the unit address. If the address reflected in the records
379 is outside the United States, sending the notice to that address
380 and to the unit address by first-class United States mail is
381 sufficient. Delivery of the notice shall be deemed given upon
382 mailing as required by this subsection. The notice must be in
383 substantially the following form:
384
385 NOTICE OF INTENT
386 TO RECORD A CLAIM OF LIEN
387
388 RE: Unit .... of ...(name of association)...
389
390 The following amounts are currently due on your
391 account to ...(name of association)..., and must be
392 paid within 45 30 days after your receipt of this
393 letter. This letter shall serve as the association’s
394 notice of intent to record a Claim of Lien against
395 your property no sooner than 45 30 days after your
396 receipt of this letter, unless you pay in full the
397 amounts set forth below:
398
399 Maintenance due ...(dates)... $.....
400 Late fee, if applicable $.....
401 Interest through ...(dates)...* $.....
402 Certified mail charges $.....
403 Other costs $.....
404 TOTAL OUTSTANDING $.....
405
406 *Interest accrues at the rate of .... percent per
407 annum.
408 Section 4. Paragraphs (a) and (c) of subsection (2) of
409 section 719.104, Florida Statutes, are amended to read:
410 719.104 Cooperatives; access to units; records; financial
411 reports; assessments; purchase of leases.—
412 (2) OFFICIAL RECORDS.—
413 (a) From the inception of the association, the association
414 shall maintain a copy of each of the following, where
415 applicable, which shall constitute the official records of the
416 association:
417 1. The plans, permits, warranties, and other items provided
418 by the developer pursuant to s. 719.301(4).
419 2. A photocopy of the cooperative documents.
420 3. A copy of the current rules of the association.
421 4. A book or books containing the minutes of all meetings
422 of the association, of the board of directors, and of the unit
423 owners.
424 5. A current roster of all unit owners and their mailing
425 addresses, unit identifications, voting certifications, and, if
426 known, telephone numbers. The association shall also maintain
427 the e-mail addresses and the numbers designated by unit owners
428 for receiving notice sent by electronic transmission of those
429 unit owners consenting to receive notice by electronic
430 transmission. The e-mail addresses and numbers provided by unit
431 owners to receive notice by electronic transmission shall be
432 removed from association records when consent to receive notice
433 by electronic transmission is revoked. However, the association
434 is not liable for an erroneous disclosure of the e-mail address
435 or the number for receiving electronic transmission of notices.
436 6. All current insurance policies of the association.
437 7. A current copy of any management agreement, lease, or
438 other contract to which the association is a party or under
439 which the association or the unit owners have an obligation or
440 responsibility.
441 8. Bills of sale or transfer for all property owned by the
442 association.
443 9. Accounting records for the association and separate
444 accounting records for each unit it operates, according to good
445 accounting practices. The accounting records shall include, but
446 not be limited to:
447 a. Accurate, itemized, and detailed records of all receipts
448 and expenditures.
449 b. A current account and a monthly, bimonthly, or quarterly
450 statement of the account for each unit designating the name of
451 the unit owner, the due date and amount of each assessment, the
452 amount paid upon the account, and the balance due.
453 c. All audits, reviews, accounting statements, and
454 financial reports of the association.
455 d. All contracts for work to be performed. Bids for work to
456 be performed shall also be considered official records and shall
457 be maintained for a period of 1 year.
458 10. Ballots, sign-in sheets, voting proxies, and all other
459 papers and electronic records relating to voting by unit owners,
460 which shall be maintained for a period of 1 year after the date
461 of the election, vote, or meeting to which the document relates.
462 11. All rental records where the association is acting as
463 agent for the rental of units.
464 12. A copy of the current question and answer sheet as
465 described in s. 719.504.
466 13. All affirmative acknowledgments made pursuant to s.
467 719.108(3)(b)3.
468 14. All other written records of the association not
469 specifically included in the foregoing which are related to the
470 operation of the association.
471 (c) The official records of the association are open to
472 inspection by any association member or the authorized
473 representative of such member at all reasonable times. The right
474 to inspect the records includes the right to make or obtain
475 copies, at the reasonable expense, if any, of the association
476 member. The association may adopt reasonable rules regarding the
477 frequency, time, location, notice, and manner of record
478 inspections and copying. The failure of an association to
479 provide the records within 10 working days after receipt of a
480 written request creates a rebuttable presumption that the
481 association willfully failed to comply with this paragraph. A
482 unit owner who is denied access to official records is entitled
483 to the actual damages or minimum damages for the association’s
484 willful failure to comply. The minimum damages are $50 per
485 calendar day for up to 10 days, beginning on the 11th working
486 day after receipt of the written request. The failure to permit
487 inspection entitles any person prevailing in an enforcement
488 action to recover reasonable attorney fees from the person in
489 control of the records who, directly or indirectly, knowingly
490 denied access to the records. Any person who knowingly or
491 intentionally defaces or destroys accounting records that are
492 required by this chapter to be maintained during the period for
493 which such records are required to be maintained, or who
494 knowingly or intentionally fails to create or maintain
495 accounting records that are required to be created or
496 maintained, with the intent of causing harm to the association
497 or one or more of its members, is personally subject to a civil
498 penalty pursuant to s. 719.501(1)(d). The association shall
499 maintain an adequate number of copies of the declaration,
500 articles of incorporation, bylaws, and rules, and all amendments
501 to each of the foregoing, as well as the question and answer
502 sheet as described in s. 719.504 and year-end financial
503 information required by the department, on the cooperative
504 property to ensure their availability to unit owners and
505 prospective purchasers, and may charge its actual costs for
506 preparing and furnishing these documents to those requesting the
507 same. An association shall allow a member or his or her
508 authorized representative to use a portable device, including a
509 smartphone, tablet, portable scanner, or any other technology
510 capable of scanning or taking photographs, to make an electronic
511 copy of the official records in lieu of the association
512 providing the member or his or her authorized representative
513 with a copy of such records. The association may not charge a
514 member or his or her authorized representative for the use of a
515 portable device. Notwithstanding this paragraph, the following
516 records shall not be accessible to unit owners:
517 1. Any record protected by the lawyer-client privilege as
518 described in s. 90.502 and any record protected by the work
519 product privilege, including any record prepared by an
520 association attorney or prepared at the attorney’s express
521 direction which reflects a mental impression, conclusion,
522 litigation strategy, or legal theory of the attorney or the
523 association, and which was prepared exclusively for civil or
524 criminal litigation or for adversarial administrative
525 proceedings, or which was prepared in anticipation of such
526 litigation or proceedings until the conclusion of the litigation
527 or proceedings.
528 2. Information obtained by an association in connection
529 with the approval of the lease, sale, or other transfer of a
530 unit.
531 3. Personnel records of association or management company
532 employees, including, but not limited to, disciplinary, payroll,
533 health, and insurance records. For purposes of this
534 subparagraph, the term “personnel records” does not include
535 written employment agreements with an association employee or
536 management company, or budgetary or financial records that
537 indicate the compensation paid to an association employee.
538 4. Medical records of unit owners.
539 5. Social security numbers, driver license numbers, credit
540 card numbers, e-mail addresses, telephone numbers, facsimile
541 numbers, emergency contact information, addresses of a unit
542 owner other than as provided to fulfill the association’s notice
543 requirements, and other personal identifying information of any
544 person, excluding the person’s name, unit designation, mailing
545 address, property address, and any address, e-mail address, or
546 facsimile number provided to the association to fulfill the
547 association’s notice requirements. Notwithstanding the
548 restrictions in this subparagraph, an association may print and
549 distribute to unit parcel owners a directory containing the
550 name, unit parcel address, and all telephone numbers of each
551 unit parcel owner. However, an owner may exclude his or her
552 telephone numbers from the directory by so requesting in writing
553 to the association. An owner may consent in writing to the
554 disclosure of other contact information described in this
555 subparagraph. The association is not liable for the inadvertent
556 disclosure of information that is protected under this
557 subparagraph if the information is included in an official
558 record of the association and is voluntarily provided by an
559 owner and not requested by the association.
560 6. Electronic security measures that are used by the
561 association to safeguard data, including passwords.
562 7. The software and operating system used by the
563 association which allow the manipulation of data, even if the
564 owner owns a copy of the same software used by the association.
565 The data is part of the official records of the association.
566 8. All affirmative acknowledgments made pursuant to s.
567 719.108(3)(b)3.
568 Section 5. Subsections (3) and (4) of section 719.108,
569 Florida Statutes, are amended to read:
570 719.108 Rents and assessments; liability; lien and
571 priority; interest; collection; cooperative ownership.—
572 (3)(a) Rents and assessments, and installments on them, not
573 paid when due bear interest at the rate provided in the
574 cooperative documents from the date due until paid. This rate
575 may not exceed the rate allowed by law and, if a rate is not
576 provided in the cooperative documents, accrues at 18 percent per
577 annum. If the cooperative documents or bylaws so provide, the
578 association may charge an administrative late fee in addition to
579 such interest, not to exceed the greater of $25 or 5 percent of
580 each installment of the assessment for each delinquent
581 installment that the payment is late. Any payment received by an
582 association must be applied first to any interest accrued by the
583 association, then to any administrative late fee, then to any
584 costs and reasonable attorney fees incurred in collection, and
585 then to the delinquent assessment. The foregoing applies
586 notwithstanding s. 673.3111, any purported accord and
587 satisfaction, or any restrictive endorsement, designation, or
588 instruction placed on or accompanying a payment. The preceding
589 sentence is intended to clarify existing law. A late fee is not
590 subject to chapter 687 or s. 719.303(4).
591 (b)1. If an association sends out an invoice for
592 assessments or a unit’s statement of the account described in s.
593 719.104(2)(a)9.b., the invoice for assessments or the unit’s
594 statement of account must be delivered to the unit owner by
595 first-class United States mail or by electronic transmission to
596 the unit owner’s e-mail address maintained in the association’s
597 official records.
598 2. Before changing the method of delivery for an invoice
599 for assessments or the statement of the account, the association
600 must deliver a written notice of such change to each unit owner.
601 The written notice must be delivered to the unit owner at least
602 30 days before the association sends the invoice for assessments
603 or the statement of the account by the new delivery method. The
604 notice must be sent by first-class United States mail to the
605 unit owner at his or her last address as reflected in the
606 association’s records and, if such address is not the unit
607 address, must be sent by first-class United States mail to the
608 unit address. Notice is deemed to have been delivered upon
609 mailing as required by this subparagraph.
610 3. A unit owner must affirmatively acknowledge his or her
611 understanding that the association will change its method of
612 delivery of the invoice for assessments or the unit’s statement
613 of the account before the association may change the method of
614 delivering the invoice for assessments or the statement of the
615 account. The unit owner may make the affirmative acknowledgment
616 electronically or in writing.
617 (c) An association may not require payment of attorney fees
618 related to a past due assessment without first delivering a
619 written notice of late assessment to the owner which specifies
620 the amount owed the association and provides the unit owner an
621 opportunity to pay the amount owed without the assessment of
622 attorney fees. The notice of late assessment must be sent by
623 first-class United States mail to the unit owner at his or her
624 last address as reflected in the association’s records and, if
625 such address is not the unit address, must also be sent by
626 first-class United States mail to the unit address. Notice is
627 deemed to have been delivered upon mailing as required by this
628 paragraph. A rebuttable presumption that an association mailed a
629 notice in accordance with this paragraph is established if a
630 board member, officer, or agent of the association, or a manager
631 licensed under part VIII of chapter 468, provides a sworn
632 affidavit attesting to such mailing. The notice must be in
633 substantially the following form:
634
635 NOTICE OF LATE ASSESSMENT
636
637 RE: Unit .... of ...(name of association)...
638
639 The following amounts are currently due on your
640 account to ...(name of association)..., and must be
641 paid within 30 days of the date of this letter. This
642 letter shall serve as the association’s notice to
643 proceed with further collection action against your
644 property no sooner than 30 days of the date of this
645 letter, unless you pay in full the amounts set forth
646 below:
647
648 Maintenance due ...(dates)... $.....
649 Late fee, if applicable $.....
650 Interest through ...(dates)...* $.....
651 TOTAL OUTSTANDING $.....
652
653 *Interest accrues at the rate of .... percent per annum.
654 (4) The association has a lien on each cooperative parcel
655 for any unpaid rents and assessments, plus interest, and any
656 administrative late fees. If authorized by the cooperative
657 documents, the lien also secures reasonable attorney fees
658 incurred by the association incident to the collection of the
659 rents and assessments or enforcement of such lien. The lien is
660 effective from and after recording a claim of lien in the public
661 records in the county in which the cooperative parcel is located
662 which states the description of the cooperative parcel, the name
663 of the unit owner, the amount due, and the due dates. Except as
664 otherwise provided in this chapter, a lien may not be filed by
665 the association against a cooperative parcel until 45 30 days
666 after the date on which a notice of intent to file a lien has
667 been delivered to the owner.
668 (a) The notice must be sent to the unit owner at the
669 address of the unit by first-class United States mail, and the
670 notice must be in substantially the following form:
671
672 NOTICE OF INTENT
673 TO RECORD A CLAIM OF LIEN
674
675 RE: Unit ...(unit number)... of ...(name of
676 cooperative)...
677
678 The following amounts are currently due on your
679 account to ...(name of association)..., and must be
680 paid within 45 30 days after your receipt of this
681 letter. This letter shall serve as the association’s
682 notice of intent to record a Claim of Lien against
683 your property no sooner than 45 30 days after your
684 receipt of this letter, unless you pay in full the
685 amounts set forth below:
686
687 Maintenance due ...(dates)... $.....
688 Late fee, if applicable $.....
689 Interest through ...(dates)...* $.....
690 Certified mail charges $.....
691 Other costs $.....
692 TOTAL OUTSTANDING $.....
693
694 *Interest accrues at the rate of .... percent per
695 annum.
696 1. If the most recent address of the unit owner on the
697 records of the association is the address of the unit, the
698 notice must be sent by certified mail, return receipt requested,
699 to the unit owner at the address of the unit.
700 2. If the most recent address of the unit owner on the
701 records of the association is in the United States, but is not
702 the address of the unit, the notice must be sent by certified
703 mail, return receipt requested, to the unit owner at his or her
704 most recent address.
705 3. If the most recent address of the unit owner on the
706 records of the association is not in the United States, the
707 notice must be sent by first-class United States mail to the
708 unit owner at his or her most recent address.
709 (b) A notice that is sent pursuant to this subsection is
710 deemed delivered upon mailing. A claim of lien must be executed
711 and acknowledged by an officer or authorized agent of the
712 association. The lien is not effective 1 year after the claim of
713 lien was recorded unless, within that time, an action to enforce
714 the lien is commenced. The 1-year period is automatically
715 extended for any length of time during which the association is
716 prevented from filing a foreclosure action by an automatic stay
717 resulting from a bankruptcy petition filed by the parcel owner
718 or any other person claiming an interest in the parcel. The
719 claim of lien secures all unpaid rents and assessments that are
720 due and that may accrue after the claim of lien is recorded and
721 through the entry of a final judgment, as well as interest and
722 all reasonable costs and attorney fees incurred by the
723 association incident to the collection process. Upon payment in
724 full, the person making the payment is entitled to a
725 satisfaction of the lien.
726 (c) By recording a notice in substantially the following
727 form, a unit owner or the unit owner’s agent or attorney may
728 require the association to enforce a recorded claim of lien
729 against his or her cooperative parcel:
730
731 NOTICE OF CONTEST OF LIEN
732
733 TO: ...(Name and address of association)...:
734
735 You are notified that the undersigned contests the
736 claim of lien filed by you on ...., ...(year)..., and
737 recorded in Official Records Book .... at Page ....,
738 of the public records of .... County, Florida, and
739 that the time within which you may file suit to
740 enforce your lien is limited to 90 days from the date
741 of service of this notice. Executed this .... day of
742 ...., ...(year)....
743 Signed: ...(Owner or Attorney)...
744
745 After notice of contest of lien has been recorded, the clerk of
746 the circuit court shall mail a copy of the recorded notice to
747 the association by certified mail, return receipt requested, at
748 the address shown in the claim of lien or most recent amendment
749 to it and shall certify to the service on the face of the
750 notice. Service is complete upon mailing. After service, the
751 association has 90 days in which to file an action to enforce
752 the lien. If the action is not filed within the 90-day period,
753 the lien is void. However, the 90-day period shall be extended
754 for any length of time during which the association is prevented
755 from filing its action because of an automatic stay resulting
756 from the filing of a bankruptcy petition by the unit owner or by
757 any other person claiming an interest in the parcel.
758 (d) A release of lien must be in substantially the
759 following form:
760
761 RELEASE OF LIEN
762
763 The undersigned lienor, in consideration of the final payment in
764 the amount of $...., hereby waives and releases its lien and
765 right to claim a lien for unpaid assessments through ....,
766 ...(year)..., recorded in the Official Records Book .... at Page
767 ...., of the public records of .... County, Florida, for the
768 following described real property:
769
770 THAT COOPERATIVE PARCEL WHICH INCLUDES UNIT NO. ....
771 OF ...(NAME OF COOPERATIVE)..., A COOPERATIVE AS SET
772 FORTH IN THE COOPERATIVE DOCUMENTS AND THE EXHIBITS
773 ANNEXED THERETO AND FORMING A PART THEREOF, RECORDED
774 IN OFFICIAL RECORDS BOOK ...., PAGE ...., OF THE
775 PUBLIC RECORDS OF .... COUNTY, FLORIDA.
776
777 ...(Signature of Authorized Agent)... ...(Signature of
778 Witness)...
779 ...(Print Name)... ...(Print Name)...
780
781 ...(Signature of Witness)...
782 ...(Print Name)...
783
784 Sworn to (or affirmed) and subscribed before me this .... day of
785 ...., ...(year)..., by ...(name of person making statement)....
786 ...(Signature of Notary Public)...
787 ...(Print, type, or stamp commissioned name of Notary Public)...
788 Personally Known .... OR Produced .... as identification.
789 Section 6. Present paragraph (l) of subsection (4) of
790 section 720.303, Florida Statutes, is redesignated as paragraph
791 (m), a new paragraph (l) is added to that subsection, and
792 paragraph (c) of subsection (5) of that section is amended, to
793 read:
794 720.303 Association powers and duties; meetings of board;
795 official records; budgets; financial reporting; association
796 funds; recalls.—
797 (4) OFFICIAL RECORDS.—The association shall maintain each
798 of the following items, when applicable, which constitute the
799 official records of the association:
800 (l) All affirmative acknowledgments made pursuant to s.
801 720.3085(3)(c)3.
802 (5) INSPECTION AND COPYING OF RECORDS.—The official records
803 shall be maintained within the state for at least 7 years and
804 shall be made available to a parcel owner for inspection or
805 photocopying within 45 miles of the community or within the
806 county in which the association is located within 10 business
807 days after receipt by the board or its designee of a written
808 request. This subsection may be complied with by having a copy
809 of the official records available for inspection or copying in
810 the community or, at the option of the association, by making
811 the records available to a parcel owner electronically via the
812 Internet or by allowing the records to be viewed in electronic
813 format on a computer screen and printed upon request. If the
814 association has a photocopy machine available where the records
815 are maintained, it must provide parcel owners with copies on
816 request during the inspection if the entire request is limited
817 to no more than 25 pages. An association shall allow a member or
818 his or her authorized representative to use a portable device,
819 including a smartphone, tablet, portable scanner, or any other
820 technology capable of scanning or taking photographs, to make an
821 electronic copy of the official records in lieu of the
822 association’s providing the member or his or her authorized
823 representative with a copy of such records. The association may
824 not charge a fee to a member or his or her authorized
825 representative for the use of a portable device.
826 (c) The association may adopt reasonable written rules
827 governing the frequency, time, location, notice, records to be
828 inspected, and manner of inspections, but may not require a
829 parcel owner to demonstrate any proper purpose for the
830 inspection, state any reason for the inspection, or limit a
831 parcel owner’s right to inspect records to less than one 8-hour
832 business day per month. The association may impose fees to cover
833 the costs of providing copies of the official records, including
834 the costs of copying and the costs required for personnel to
835 retrieve and copy the records if the time spent retrieving and
836 copying the records exceeds one-half hour and if the personnel
837 costs do not exceed $20 per hour. Personnel costs may not be
838 charged for records requests that result in the copying of 25 or
839 fewer pages. The association may charge up to 25 cents per page
840 for copies made on the association’s photocopier. If the
841 association does not have a photocopy machine available where
842 the records are kept, or if the records requested to be copied
843 exceed 25 pages in length, the association may have copies made
844 by an outside duplicating service and may charge the actual cost
845 of copying, as supported by the vendor invoice. The association
846 shall maintain an adequate number of copies of the recorded
847 governing documents, to ensure their availability to members and
848 prospective members. Notwithstanding this paragraph, the
849 following records are not accessible to members or parcel
850 owners:
851 1. Any record protected by the lawyer-client privilege as
852 described in s. 90.502 and any record protected by the work
853 product privilege, including, but not limited to, a record
854 prepared by an association attorney or prepared at the
855 attorney’s express direction which reflects a mental impression,
856 conclusion, litigation strategy, or legal theory of the attorney
857 or the association and which was prepared exclusively for civil
858 or criminal litigation or for adversarial administrative
859 proceedings or which was prepared in anticipation of such
860 litigation or proceedings until the conclusion of the litigation
861 or proceedings.
862 2. Information obtained by an association in connection
863 with the approval of the lease, sale, or other transfer of a
864 parcel.
865 3. Personnel records of association or management company
866 employees, including, but not limited to, disciplinary, payroll,
867 health, and insurance records. For purposes of this
868 subparagraph, the term “personnel records” does not include
869 written employment agreements with an association or management
870 company employee or budgetary or financial records that indicate
871 the compensation paid to an association or management company
872 employee.
873 4. Medical records of parcel owners or community residents.
874 5. Social security numbers, driver license numbers, credit
875 card numbers, electronic mailing addresses, telephone numbers,
876 facsimile numbers, emergency contact information, any addresses
877 for a parcel owner other than as provided for association notice
878 requirements, and other personal identifying information of any
879 person, excluding the person’s name, parcel designation, mailing
880 address, and property address. Notwithstanding the restrictions
881 in this subparagraph, an association may print and distribute to
882 parcel owners a directory containing the name, parcel address,
883 and all telephone numbers of each parcel owner. However, an
884 owner may exclude his or her telephone numbers from the
885 directory by so requesting in writing to the association. An
886 owner may consent in writing to the disclosure of other contact
887 information described in this subparagraph. The association is
888 not liable for the disclosure of information that is protected
889 under this subparagraph if the information is included in an
890 official record of the association and is voluntarily provided
891 by an owner and not requested by the association.
892 6. Any electronic security measure that is used by the
893 association to safeguard data, including passwords.
894 7. The software and operating system used by the
895 association which allows the manipulation of data, even if the
896 owner owns a copy of the same software used by the association.
897 The data is part of the official records of the association.
898 8. All affirmative acknowledgments made pursuant to s.
899 720.3085(3)(c)3.
900 Section 7. Paragraphs (c) and (d) are added to subsection
901 (3) of section 720.3085, Florida Statutes, to read:
902 720.3085 Payment for assessments; lien claims.—
903 (3) Assessments and installments on assessments that are
904 not paid when due bear interest from the due date until paid at
905 the rate provided in the declaration of covenants or the bylaws
906 of the association, which rate may not exceed the rate allowed
907 by law. If no rate is provided in the declaration or bylaws,
908 interest accrues at the rate of 18 percent per year.
909 (c)1. If an association sends out an invoice for
910 assessments or a parcel’s statement of the account described in
911 s. 720.303(4)(j)2., the invoice for assessments or the parcel’s
912 statement of account must be delivered to the parcel owner by
913 first-class United States mail or by electronic transmission to
914 the parcel owner’s e-mail address maintained in the
915 association’s official records.
916 2. Before changing the method of delivery for an invoice
917 for assessments or the statement of the account, the association
918 must deliver a written notice of such change to each parcel
919 owner. The written notice must be delivered to the parcel owner
920 at least 30 days before the association sends the invoice for
921 assessments or the statement of the account by the new delivery
922 method. The notice must be sent by first-class United States
923 mail to the owner at his or her last address as reflected in the
924 association’s records and, if such address is not the parcel
925 address, must be sent by first-class United States mail to the
926 parcel address. Notice is deemed to have been delivered upon
927 mailing as required by this subparagraph.
928 3. A parcel owner must affirmatively acknowledge his or her
929 understanding that the association will change its method of
930 delivery of the invoice for assessments or the statement of the
931 account before the association may change the method of
932 delivering the statement of the account. The parcel owner may
933 make the affirmative acknowledgment electronically or in
934 writing.
935 (d) An association may not require payment of attorney fees
936 related to a past due assessment without first delivering a
937 written notice of late assessment to the parcel owner which
938 specifies the amount owed the association and provides the
939 parcel owner an opportunity to pay the amount owed without the
940 assessment of attorney fees. The notice of late assessment must
941 be sent by first-class United States mail to the owner at his or
942 her last address as reflected in the association’s records and,
943 if such address is not the parcel address, must also be sent by
944 first-class United States mail to the parcel address. Notice is
945 deemed to have been delivered upon mailing as required by this
946 paragraph. A rebuttable presumption that an association mailed a
947 notice in accordance with this paragraph is established if a
948 board member, officer, or agent of the association, or a manager
949 licensed under part VIII of chapter 468, provides a sworn
950 affidavit attesting to such mailing. The notice must be in
951 substantially the following form:
952
953 NOTICE OF LATE ASSESSMENT
954
955 RE: Parcel .... of ...(name of association)...
956
957 The following amounts are currently due on your
958 account to ...(name of association)..., and must be
959 paid within 30 days after the date of this letter.
960 This letter shall serve as the association’s notice to
961 proceed with further collection action against your
962 property no sooner than 30 days after the date of this
963 letter, unless you pay in full the amounts set forth
964 below:
965
966 Maintenance due ...(dates)... $.....
967 Late fee, if applicable $.....
968 Interest through ...(dates)...* $.....
969 TOTAL OUTSTANDING $.....
970
971 *Interest accrues at the rate of .... percent per annum.
972 Section 8. This act shall take effect July 1, 2021.
