Florida Senate - 2010                                    SB 1222 
        
       By Senator Ring 
       32-01206A-10                                          20101222__ 
    1                        A bill to be entitled                       
    2         An act relating to condominiums; creating s. 627.714, 
    3         F.S.; requiring that coverage under a unit owner’s 
    4         policy for certain assessments include at least a 
    5         minimum amount of loss assessment coverage; requiring 
    6         that every property insurance policy to an individual 
    7         unit owner contain a specified provision; amending s. 
    8         633.0215, F.S.; providing an exemption for certain 
    9         condominiums from installing a manual fire alarm 
   10         system as required in the Life Safety Code if certain 
   11         conditions are met; amending s. 718.103, F.S.; 
   12         revising the definition of the term “developer” to 
   13         exclude a bulk assignee or bulk buyer; amending s. 
   14         718.111, F.S.; requiring that adequate property 
   15         insurance be based upon the replacement cost of the 
   16         property to be insured as determined by an independent 
   17         appraisal or update of a prior appraisal; requiring 
   18         that such replacement cost be determined at least once 
   19         within a specified period; providing means by which an 
   20         association may provide adequate property insurance; 
   21         prohibiting such coverage or program from existing 
   22         beyond a specified date; authorizing an association to 
   23         consider deductibles when determining an adequate 
   24         amount of property insurance; providing that failure 
   25         to maintain adequate property insurance constitutes a 
   26         breach of fiduciary duty by the members of the board 
   27         of directors of an association; revising the 
   28         procedures for the board to establish the amount of 
   29         deductibles; requiring that an association controlled 
   30         by unit owners operating as a residential condominium 
   31         use its best efforts to obtain and maintain adequate 
   32         property insurance to protect the association and 
   33         certain property; requiring that every property 
   34         insurance policy issued or renewed on or after a 
   35         specified date provide certain coverage; excluding 
   36         certain items from such requirement; providing that 
   37         excluded items and any insurance thereupon are the 
   38         responsibility of the unit owner; requiring that 
   39         condominium unit owners’ policies conform to certain 
   40         provisions of state law; deleting provisions relating 
   41         to certain hazard and casualty insurance policies; 
   42         conforming provisions to changes made by the act; 
   43         amending s. 718.112, F.S.; conforming cross 
   44         references; revising requirements for the 
   45         reappointment of certain board members; revising board 
   46         eligibility requirements; revising notice requirements 
   47         for board candidates; establishing requirements for 
   48         newly elected board members; deleting a provision 
   49         prohibiting an association from foregoing the 
   50         retrofitting with a fire sprinkler system of common 
   51         areas in a high-rise building; prohibiting local 
   52         authorities having jurisdiction from requiring 
   53         retrofitting with a sprinkler system or other 
   54         engineered lifesafety system before a specified date; 
   55         providing requirements for a special meeting of unit 
   56         owners that may be called every 3 years in order to 
   57         vote to forgo retrofitting of the sprinkler system or 
   58         other engineered lifesafety system; providing meeting 
   59         notice requirements; providing that certain directors 
   60         and officers delinquent in the payment of any fee, 
   61         fine, or regular or special assessments shall be 
   62         deemed to have abandoned their office; amending s. 
   63         718.115, F.S.; requiring that certain services 
   64         obtained pursuant to a bulk contract as provided in 
   65         the declaration be deemed a common expense; amending 
   66         s. 718.301, F.S.; revising conditions under which unit 
   67         owners other than the developer may elect not less 
   68         than a majority of the members of the board of 
   69         administration of an association; creating part VII of 
   70         ch. 718, F.S., relating to distressed condominium 
   71         relief; providing a short title; providing legislative 
   72         findings and intent; defining the terms “bulk 
   73         assignee” and “bulk buyer”; providing for the 
   74         assignment of developer rights to and the assumption 
   75         of developer rights by a bulk assignee; specifying 
   76         liabilities of bulk assignees and bulk buyers; 
   77         providing exceptions; providing additional 
   78         responsibilities of bulk assignees and bulk buyers; 
   79         authorizing certain entities to assign developer 
   80         rights to a bulk assignee; limiting the number of bulk 
   81         assignees at any given time; providing for the 
   82         transfer of control of a board of administration; 
   83         providing effects of such transfer on parcels acquired 
   84         by a bulk assignee; providing obligations of a bulk 
   85         assignee upon the transfer of control of a board of 
   86         administration; requiring that a bulk assignee certify 
   87         certain information in writing; providing for the 
   88         resolution of a conflict between specified provisions 
   89         of state law; providing that the failure of a bulk 
   90         assignee or bulk buyer to comply with specified 
   91         provisions of state law results in the loss of certain 
   92         protections and exemptions; requiring that a bulk 
   93         assignee or bulk buyer file certain information with 
   94         the Division of Florida Condominiums, Timeshares, and 
   95         Mobile Homes of the Department of Business and 
   96         Professional Regulation before offering any units for 
   97         sale or lease in excess of a specified term; requiring 
   98         that a copy of such information be provided to a 
   99         prospective purchaser; requiring that certain 
  100         contracts and disclosure statements contain specified 
  101         statements; requiring that a bulk assignee or bulk 
  102         buyer comply with certain disclosure requirements; 
  103         prohibiting a bulk assignee from taking certain 
  104         actions on behalf of an association while the bulk 
  105         assignee is in control of the board of administration 
  106         of the association and requiring that such bulk 
  107         assignee comply with certain requirements; requiring 
  108         that a bulk assignee or bulk buyer comply with certain 
  109         requirements regarding certain contracts; providing 
  110         unit owners with specified protections regarding 
  111         certain contracts; requiring that a bulk buyer comply 
  112         with certain requirements regarding the transfer of a 
  113         unit; prohibiting a person from being classified as a 
  114         bulk assignee or bulk buyer unless condominium parcels 
  115         were acquired before a specified date; providing for 
  116         the determination of the date of acquisition of a 
  117         parcel; providing that the assignment of developer 
  118         rights to a bulk assignee or bulk buyer does not 
  119         release a developer from certain liabilities; 
  120         preserving certain liabilities for certain parties; 
  121         repealing s. 553.509(2), F.S., relating to the 
  122         requirement that certain residential family dwellings 
  123         have at least one public elevator that is capable of 
  124         operating on an alternate power source for emergency 
  125         purposes; providing an effective date. 
  126   
  127  Be It Enacted by the Legislature of the State of Florida: 
  128   
  129         Section 1. Section 627.714, Florida Statutes, is created to 
  130  read: 
  131         627.714 Residential condominium unit owner coverage; loss 
  132  assessment coverage required; excess coverage provision 
  133  required.—For policies issued or renewed on or after July 1, 
  134  2010, coverage under a unit owner’s residential property policy 
  135  shall include property loss assessment coverage of at least 
  136  $2,000 for all assessments made as a result of the same direct 
  137  loss to the property, regardless of the number of assessments, 
  138  owned by all members of the association collectively when such 
  139  loss is of the type of loss covered by the unit owner’s 
  140  residential property insurance policy, to which a deductible 
  141  shall apply of no more than $250 per direct property loss. If a 
  142  deductible was or will be applied to other property loss 
  143  sustained by the unit owner resulting from the same direct loss 
  144  to the property, no deductible shall apply to the loss 
  145  assessment coverage. Every individual unit owner’s residential 
  146  property policy must contain a provision stating that the 
  147  coverage afforded by such policy is excess coverage over the 
  148  amount recoverable under any other policy covering the same 
  149  property. 
  150         Section 2. Subsection (13) is added to section 633.0215, 
  151  Florida Statutes, to read: 
  152         633.0215 Florida Fire Prevention Code.— 
  153         (13) A condominium that is one or two stories in height and 
  154  has an exterior means of egress corridor is exempt from 
  155  installing a manual fire alarm system as required in s. 9.6 of 
  156  the most recent edition of the Life Safety Code adopted in the 
  157  Florida Fire Prevention Code. 
  158         Section 3. Subsection (16) of section 718.103, Florida 
  159  Statutes, is amended to read: 
  160         718.103 Definitions.—As used in this chapter, the term: 
  161         (16) “Developer” means a person who creates a condominium 
  162  or offers condominium parcels for sale or lease in the ordinary 
  163  course of business, but does not include: 
  164         (a) An owner or lessee of a condominium or cooperative unit 
  165  who has acquired the unit for his or her own occupancy;, nor 
  166  does it include 
  167         (b) A cooperative association which creates a condominium 
  168  by conversion of an existing residential cooperative after 
  169  control of the association has been transferred to the unit 
  170  owners if, following the conversion, the unit owners will be the 
  171  same persons who were unit owners of the cooperative and no 
  172  units are offered for sale or lease to the public as part of the 
  173  plan of conversion;. 
  174         (c) A bulk assignee or bulk buyer as defined in s. 718.703; 
  175  or 
  176         (d) A state, county, or municipal entity is not a developer 
  177  for any purposes under this act when it is acting as a lessor 
  178  and not otherwise named as a developer in the declaration of 
  179  condominium association. 
  180         Section 4. Paragraphs (a), (b), (c), (d), (f), (g), (j), 
  181  and (n) of subsection (11) of section 718.111, Florida Statutes, 
  182  are amended to read: 
  183         718.111 The association.— 
  184         (11) INSURANCE.—In order to protect the safety, health, and 
  185  welfare of the people of the State of Florida and to ensure 
  186  consistency in the provision of insurance coverage to 
  187  condominiums and their unit owners, this subsection applies to 
  188  every residential condominium in the state, regardless of the 
  189  date of its declaration of condominium. It is the intent of the 
  190  Legislature to encourage lower or stable insurance premiums for 
  191  associations described in this subsection. 
  192         (a) Adequate property hazard insurance, regardless of any 
  193  requirement in the declaration of condominium for coverage by 
  194  the association for full insurable value, replacement cost, or 
  195  similar coverage, shall be based upon the replacement cost of 
  196  the property to be insured as determined by an independent 
  197  insurance appraisal or update of a prior appraisal. The 
  198  replacement cost full insurable value shall be determined at 
  199  least once every 36 months. 
  200         1. An association or group of associations may provide 
  201  adequate property hazard insurance through a self-insurance fund 
  202  that complies with the requirements of ss. 624.460-624.488. 
  203         2. The association may also provide adequate property 
  204  hazard insurance coverage for a group of no fewer than three 
  205  communities created and operating under this chapter, chapter 
  206  719, chapter 720, or chapter 721 by obtaining and maintaining 
  207  for such communities insurance coverage sufficient to cover an 
  208  amount equal to the probable maximum loss for the communities 
  209  for a 250-year windstorm event. Such probable maximum loss must 
  210  be determined through the use of a competent model that has been 
  211  accepted by the Florida Commission on Hurricane Loss Projection 
  212  Methodology. No policy or program providing such coverage shall 
  213  be issued or renewed after July 1, 2008, unless it has been 
  214  reviewed and approved by the Office of Insurance Regulation. The 
  215  review and approval shall include approval of the policy and 
  216  related forms pursuant to ss. 627.410 and 627.411, approval of 
  217  the rates pursuant to s. 627.062, a determination that the loss 
  218  model approved by the commission was accurately and 
  219  appropriately applied to the insured structures to determine the 
  220  250-year probable maximum loss, and a determination that 
  221  complete and accurate disclosure of all material provisions is 
  222  provided to condominium unit owners prior to execution of the 
  223  agreement by a condominium association. 
  224         3. When determining the adequate amount of property hazard 
  225  insurance coverage, the association may consider deductibles as 
  226  determined by this subsection. 
  227         (b) If an association is a developer-controlled 
  228  association, the association shall exercise its best efforts to 
  229  obtain and maintain insurance as described in paragraph (a). 
  230  Failure to obtain and maintain adequate property hazard 
  231  insurance during any period of developer control constitutes a 
  232  breach of fiduciary responsibility by the developer-appointed 
  233  members of the board of directors of the association, unless the 
  234  members can show that despite such failure, they have made their 
  235  best efforts to maintain the required coverage. 
  236         (c) Policies may include deductibles as determined by the 
  237  board. 
  238         1. The deductibles shall be consistent with industry 
  239  standards and prevailing practice for communities of similar 
  240  size and age, and having similar construction and facilities in 
  241  the locale where the condominium property is situated. 
  242         2. The deductibles may be based upon available funds, 
  243  including reserve accounts, or predetermined assessment 
  244  authority at the time the insurance is obtained. 
  245         3. The board shall establish the amount of deductibles 
  246  based upon the level of available funds and predetermined 
  247  assessment authority at a meeting of the board. Such meeting 
  248  shall be open to all unit owners in the manner set forth in s. 
  249  718.112(2)(e). The notice of such meeting must state the 
  250  proposed deductible and the available funds and the assessment 
  251  authority relied upon by the board and estimate any potential 
  252  assessment amount against each unit, if any. The meeting 
  253  described in this paragraph may be held in conjunction with a 
  254  meeting to consider the proposed budget or an amendment thereto. 
  255         (d) An association controlled by unit owners operating as a 
  256  residential condominium shall use its best efforts to obtain and 
  257  maintain adequate property insurance to protect the association, 
  258  the association property, the common elements, and the 
  259  condominium property that is required to be insured by the 
  260  association pursuant to this subsection. 
  261         (f) Every property hazard insurance policy issued or 
  262  renewed on or after January 1, 2009, for the purpose of 
  263  protecting the condominium shall provide primary coverage for: 
  264         1. All portions of the condominium property as originally 
  265  installed or replacement of like kind and quality, in accordance 
  266  with the original plans and specifications. 
  267         2. All alterations or additions made to the condominium 
  268  property or association property pursuant to s. 718.113(2). 
  269         3. The coverage shall exclude all personal property within 
  270  the unit or limited common elements, and floor, wall, and 
  271  ceiling coverings, electrical fixtures, appliances, water 
  272  heaters, water filters, built-in cabinets and countertops, and 
  273  window treatments, including curtains, drapes, blinds, hardware, 
  274  and similar window treatment components, or replacements of any 
  275  of the foregoing which are located within the boundaries of the 
  276  unit and serve only such unit. Such property and any insurance 
  277  thereupon shall be the responsibility of the unit owner. 
  278         (g) A condominium unit owner’s policy shall conform to the 
  279  requirements of s. 627.714. Every hazard insurance policy issued 
  280  or renewed on or after January 1, 2009, to an individual unit 
  281  owner must contain a provision stating that the coverage 
  282  afforded by such policy is excess coverage over the amount 
  283  recoverable under any other policy covering the same property. 
  284  Such policies must include special assessment coverage of no 
  285  less than $2,000 per occurrence. An insurance policy issued to 
  286  an individual unit owner providing such coverage does not 
  287  provide rights of subrogation against the condominium 
  288  association operating the condominium in which such individual’s 
  289  unit is located. 
  290         1. All improvements or additions to the condominium 
  291  property that benefit fewer than all unit owners shall be 
  292  insured by the unit owner or owners having the use thereof, or 
  293  may be insured by the association at the cost and expense of the 
  294  unit owners having the use thereof. 
  295         2. The association shall require each owner to provide 
  296  evidence of a currently effective policy of hazard and liability 
  297  insurance upon request, but not more than once per year. Upon 
  298  the failure of an owner to provide a certificate of insurance 
  299  issued by an insurer approved to write such insurance in this 
  300  state within 30 days after the date on which a written request 
  301  is delivered, the association may purchase a policy of insurance 
  302  on behalf of an owner. The cost of such a policy, together with 
  303  reconstruction costs undertaken by the association but which are 
  304  the responsibility of the unit owner, may be collected in the 
  305  manner provided for the collection of assessments in s. 718.116. 
  306         1.3. All reconstruction work after a property casualty loss 
  307  shall be undertaken by the association except as otherwise 
  308  authorized in this section. A unit owner may undertake 
  309  reconstruction work on portions of the unit with the prior 
  310  written consent of the board of administration. However, such 
  311  work may be conditioned upon the approval of the repair methods, 
  312  the qualifications of the proposed contractor, or the contract 
  313  that is used for that purpose. A unit owner shall obtain all 
  314  required governmental permits and approvals prior to commencing 
  315  reconstruction. 
  316         2.4. Unit owners are responsible for the cost of 
  317  reconstruction of any portions of the condominium property for 
  318  which the unit owner is required to carry property casualty 
  319  insurance, and any such reconstruction work undertaken by the 
  320  association shall be chargeable to the unit owner and 
  321  enforceable as an assessment pursuant to s. 718.116. The 
  322  association must be an additional named insured and loss payee 
  323  on all casualty insurance policies issued to unit owners in the 
  324  condominium operated by the association. 
  325         3.5. A multicondominium association may elect, by a 
  326  majority vote of the collective members of the condominiums 
  327  operated by the association, to operate such condominiums as a 
  328  single condominium for purposes of insurance matters, including, 
  329  but not limited to, the purchase of the property hazard 
  330  insurance required by this section and the apportionment of 
  331  deductibles and damages in excess of coverage. The election to 
  332  aggregate the treatment of insurance premiums, deductibles, and 
  333  excess damages constitutes an amendment to the declaration of 
  334  all condominiums operated by the association, and the costs of 
  335  insurance shall be stated in the association budget. The 
  336  amendments shall be recorded as required by s. 718.110. 
  337         (j) Any portion of the condominium property required to be 
  338  insured by the association against property casualty loss 
  339  pursuant to paragraph (f) which is damaged by casualty shall be 
  340  reconstructed, repaired, or replaced as necessary by the 
  341  association as a common expense. All property hazard insurance 
  342  deductibles, uninsured losses, and other damages in excess of 
  343  property hazard insurance coverage under the property hazard 
  344  insurance policies maintained by the association are a common 
  345  expense of the condominium, except that: 
  346         1. A unit owner is responsible for the costs of repair or 
  347  replacement of any portion of the condominium property not paid 
  348  by insurance proceeds, if such damage is caused by intentional 
  349  conduct, negligence, or failure to comply with the terms of the 
  350  declaration or the rules of the association by a unit owner, the 
  351  members of his or her family, unit occupants, tenants, guests, 
  352  or invitees, without compromise of the subrogation rights of any 
  353  insurer as set forth in paragraph (g). 
  354         2. The provisions of subparagraph 1. regarding the 
  355  financial responsibility of a unit owner for the costs of 
  356  repairing or replacing other portions of the condominium 
  357  property also apply to the costs of repair or replacement of 
  358  personal property of other unit owners or the association, as 
  359  well as other property, whether real or personal, which the unit 
  360  owners are required to insure under paragraph (g). 
  361         3. To the extent the cost of repair or reconstruction for 
  362  which the unit owner is responsible under this paragraph is 
  363  reimbursed to the association by insurance proceeds, and, to the 
  364  extent the association has collected the cost of such repair or 
  365  reconstruction from the unit owner, the association shall 
  366  reimburse the unit owner without the waiver of any rights of 
  367  subrogation. 
  368         4. The association is not obligated to pay for 
  369  reconstruction or repairs of property casualty losses as a 
  370  common expense if the property casualty losses were known or 
  371  should have been known to a unit owner and were not reported to 
  372  the association until after the insurance claim of the 
  373  association for that property casualty was settled or resolved 
  374  with finality, or denied on the basis that it was untimely 
  375  filed. 
  376         (n) The association is not obligated to pay for any 
  377  reconstruction or repair expenses due to property casualty loss 
  378  to any improvements installed by a current or former owner of 
  379  the unit or by the developer if the improvement benefits only 
  380  the unit for which it was installed and is not part of the 
  381  standard improvements installed by the developer on all units as 
  382  part of original construction, whether or not such improvement 
  383  is located within the unit. This paragraph does not relieve any 
  384  party of its obligations regarding recovery due under any 
  385  insurance implemented specifically for any such improvements. 
  386         Section 5. Paragraphs (b), (d), (l), and (n) of subsection 
  387  (2) of section 718.112, Florida Statutes, are amended to read: 
  388         718.112 Bylaws.— 
  389         (2) REQUIRED PROVISIONS.—The bylaws shall provide for the 
  390  following and, if they do not do so, shall be deemed to include 
  391  the following: 
  392         (b) Quorum; voting requirements; proxies.— 
  393         1. Unless a lower number is provided in the bylaws, the 
  394  percentage of voting interests required to constitute a quorum 
  395  at a meeting of the members shall be a majority of the voting 
  396  interests. Unless otherwise provided in this chapter or in the 
  397  declaration, articles of incorporation, or bylaws, and except as 
  398  provided in sub-subparagraph subparagraph (d)3.a., decisions 
  399  shall be made by owners of a majority of the voting interests 
  400  represented at a meeting at which a quorum is present. 
  401         2. Except as specifically otherwise provided herein, after 
  402  January 1, 1992, unit owners may not vote by general proxy, but 
  403  may vote by limited proxies substantially conforming to a 
  404  limited proxy form adopted by the division. No voting interest 
  405  or consent right allocated to a unit owned by the association 
  406  shall be exercised or considered for any purpose, whether for a 
  407  quorum, an election, or otherwise. Limited proxies and general 
  408  proxies may be used to establish a quorum. Limited proxies shall 
  409  be used for votes taken to waive or reduce reserves in 
  410  accordance with subparagraph (f)2.; for votes taken to waive the 
  411  financial reporting requirements of s. 718.111(13); for votes 
  412  taken to amend the declaration pursuant to s. 718.110; for votes 
  413  taken to amend the articles of incorporation or bylaws pursuant 
  414  to this section; and for any other matter for which this chapter 
  415  requires or permits a vote of the unit owners. Except as 
  416  provided in paragraph (d), after January 1, 1992, no proxy, 
  417  limited or general, shall be used in the election of board 
  418  members. General proxies may be used for other matters for which 
  419  limited proxies are not required, and may also be used in voting 
  420  for nonsubstantive changes to items for which a limited proxy is 
  421  required and given. Notwithstanding the provisions of this 
  422  subparagraph, unit owners may vote in person at unit owner 
  423  meetings. Nothing contained herein shall limit the use of 
  424  general proxies or require the use of limited proxies for any 
  425  agenda item or election at any meeting of a timeshare 
  426  condominium association. 
  427         3. Any proxy given shall be effective only for the specific 
  428  meeting for which originally given and any lawfully adjourned 
  429  meetings thereof. In no event shall any proxy be valid for a 
  430  period longer than 90 days after the date of the first meeting 
  431  for which it was given. Every proxy is revocable at any time at 
  432  the pleasure of the unit owner executing it. 
  433         4. A member of the board of administration or a committee 
  434  may submit in writing his or her agreement or disagreement with 
  435  any action taken at a meeting that the member did not attend. 
  436  This agreement or disagreement may not be used as a vote for or 
  437  against the action taken and may not be used for the purposes of 
  438  creating a quorum. 
  439         5. When any of the board or committee members meet by 
  440  telephone conference, those board or committee members attending 
  441  by telephone conference may be counted toward obtaining a quorum 
  442  and may vote by telephone. A telephone speaker must be used so 
  443  that the conversation of those board or committee members 
  444  attending by telephone may be heard by the board or committee 
  445  members attending in person as well as by any unit owners 
  446  present at a meeting. 
  447         (d) Unit owner meetings.— 
  448         1. There shall be an annual meeting of the unit owners held 
  449  at the location provided in the association bylaws and, if the 
  450  bylaws are silent as to the location, the meeting shall be held 
  451  within 45 miles of the condominium property. However, such 
  452  distance requirement does not apply to an association governing 
  453  a timeshare condominium. Unless the bylaws provide otherwise, a 
  454  vacancy on the board caused by the expiration of a director’s 
  455  term shall be filled by electing a new board member, and the 
  456  election shall be by secret ballot; however, if the number of 
  457  vacancies equals or exceeds the number of candidates, no 
  458  election is required. Except in a timeshare condominium, the 
  459  terms of all members of the board shall expire at the annual 
  460  meeting and such board members may stand for reelection unless 
  461  otherwise permitted by the bylaws. In the event that the bylaws 
  462  permit staggered terms of no more than 2 years and upon approval 
  463  of a majority of the total voting interests, the association 
  464  board members may serve 2-year staggered terms. If the number no 
  465  person is interested in or demonstrates an intention to run for 
  466  the position of a board members member whose terms have term has 
  467  expired according to the provisions of this subparagraph exceeds 
  468  the number of eligible members showing interest in or 
  469  demonstrating an intention to run for the vacant positions, each 
  470  such board member whose term has expired shall become eligible 
  471  for reappointment be automatically reappointed to the board of 
  472  administration and need not stand for reelection. In a 
  473  condominium association of more than 10 units or in a 
  474  condominium association that does not include timeshare units, 
  475  coowners of a unit may not serve as members of the board of 
  476  directors at the same time unless they own more than one unit 
  477  and are not co-occupants of a unit. Any unit owner desiring to 
  478  be a candidate for board membership must shall comply with sub 
  479  subparagraph subparagraph 3.a. A person who has been suspended 
  480  or removed by the division under this chapter, or who is 
  481  delinquent in the payment of any fee, fine, or special or 
  482  regular assessment as provided in paragraph (n), is not eligible 
  483  for board membership. A person who has been convicted of any 
  484  felony in this state or in a United States District or 
  485  Territorial Court, or who has been convicted of any offense in 
  486  another jurisdiction that would be considered a felony if 
  487  committed in this state, is not eligible for board membership 
  488  unless such felon’s civil rights have been restored for a period 
  489  of no less than 5 years as of the date on which such person 
  490  seeks election to the board. The validity of an action by the 
  491  board is not affected if it is later determined that a member of 
  492  the board is ineligible for board membership due to having been 
  493  convicted of a felony. 
  494         2. The bylaws shall provide the method of calling meetings 
  495  of unit owners, including annual meetings. Written notice, which 
  496  notice must include an agenda, shall be mailed, hand delivered, 
  497  or electronically transmitted to each unit owner at least 14 
  498  days prior to the annual meeting and shall be posted in a 
  499  conspicuous place on the condominium property at least 14 
  500  continuous days preceding the annual meeting. Upon notice to the 
  501  unit owners, the board shall by duly adopted rule designate a 
  502  specific location on the condominium property or association 
  503  property upon which all notices of unit owner meetings shall be 
  504  posted; however, if there is no condominium property or 
  505  association property upon which notices can be posted, this 
  506  requirement does not apply. In lieu of or in addition to the 
  507  physical posting of notice of any meeting of the unit owners on 
  508  the condominium property, the association may, by reasonable 
  509  rule, adopt a procedure for conspicuously posting and repeatedly 
  510  broadcasting the notice and the agenda on a closed-circuit cable 
  511  television system serving the condominium association. However, 
  512  if broadcast notice is used in lieu of a notice posted 
  513  physically on the condominium property, the notice and agenda 
  514  must be broadcast at least four times every broadcast hour of 
  515  each day that a posted notice is otherwise required under this 
  516  section. When broadcast notice is provided, the notice and 
  517  agenda must be broadcast in a manner and for a sufficient 
  518  continuous length of time so as to allow an average reader to 
  519  observe the notice and read and comprehend the entire content of 
  520  the notice and the agenda. Unless a unit owner waives in writing 
  521  the right to receive notice of the annual meeting, such notice 
  522  shall be hand delivered, mailed, or electronically transmitted 
  523  to each unit owner. Notice for meetings and notice for all other 
  524  purposes shall be mailed to each unit owner at the address last 
  525  furnished to the association by the unit owner, or hand 
  526  delivered to each unit owner. However, if a unit is owned by 
  527  more than one person, the association shall provide notice, for 
  528  meetings and all other purposes, to that one address which the 
  529  developer initially identifies for that purpose and thereafter 
  530  as one or more of the owners of the unit shall so advise the 
  531  association in writing, or if no address is given or the owners 
  532  of the unit do not agree, to the address provided on the deed of 
  533  record. An officer of the association, or the manager or other 
  534  person providing notice of the association meeting, shall 
  535  provide an affidavit or United States Postal Service certificate 
  536  of mailing, to be included in the official records of the 
  537  association affirming that the notice was mailed or hand 
  538  delivered, in accordance with this provision. 
  539         3.a. The members of the board shall be elected by written 
  540  ballot or voting machine. Proxies shall in no event be used in 
  541  electing the board, either in general elections or elections to 
  542  fill vacancies caused by recall, resignation, or otherwise, 
  543  unless otherwise provided in this chapter. Not less than 60 days 
  544  before a scheduled election, the association shall mail, 
  545  deliver, or electronically transmit, whether by separate 
  546  association mailing or included in another association mailing, 
  547  delivery, or transmission, including regularly published 
  548  newsletters, to each unit owner entitled to a vote, a first 
  549  notice of the date of the election along with a certification 
  550  form provided by the division attesting that he or she has read 
  551  and understands, to the best of his or her ability, the 
  552  governing documents of the association and the provisions of 
  553  this chapter and any applicable rules. Any unit owner or other 
  554  eligible person desiring to be a candidate for the board must 
  555  give written notice of intent to be a candidate to the 
  556  association not less than 40 days before a scheduled election. 
  557  Together with the written notice and agenda as set forth in 
  558  subparagraph 2., the association shall mail, deliver, or 
  559  electronically transmit a second notice of the election to all 
  560  unit owners entitled to vote therein, together with a ballot 
  561  which shall list all candidates. Upon request of a candidate, 
  562  the association shall include an information sheet, no larger 
  563  than 8 1/2 inches by 11 inches, which must be furnished by the 
  564  candidate not less than 35 days before the election, shall along 
  565  with the signed certification form provided for in this 
  566  subparagraph, to be included with the mailing, delivery, or 
  567  transmission of the ballot, with the costs of mailing, delivery, 
  568  or electronic transmission and copying to be borne by the 
  569  association. The association is not liable for the contents of 
  570  the information sheets prepared by the candidates. In order to 
  571  reduce costs, the association may print or duplicate the 
  572  information sheets on both sides of the paper. The division 
  573  shall by rule establish voting procedures consistent with the 
  574  provisions contained herein, including rules establishing 
  575  procedures for giving notice by electronic transmission and 
  576  rules providing for the secrecy of ballots. Elections shall be 
  577  decided by a plurality of those ballots cast. There shall be no 
  578  quorum requirement; however, at least 20 percent of the eligible 
  579  voters must cast a ballot in order to have a valid election of 
  580  members of the board. No unit owner shall permit any other 
  581  person to vote his or her ballot, and any such ballots 
  582  improperly cast shall be deemed invalid, provided any unit owner 
  583  who violates this provision may be fined by the association in 
  584  accordance with s. 718.303. A unit owner who needs assistance in 
  585  casting the ballot for the reasons stated in s. 101.051 may 
  586  obtain assistance in casting the ballot. The regular election 
  587  shall occur on the date of the annual meeting. The provisions of 
  588  this sub-subparagraph subparagraph shall not apply to timeshare 
  589  condominium associations. Notwithstanding the provisions of this 
  590  sub-subparagraph subparagraph, an election is not required 
  591  unless more candidates file notices of intent to run or are 
  592  nominated than board vacancies exist. 
  593         b. Within 90 days after being elected to the board, each 
  594  newly elected director shall certify in writing to the secretary 
  595  of the association that he or she has read the association’s 
  596  declarations of covenants and restrictions, articles of 
  597  incorporation, bylaws, and current written policies; that he or 
  598  she will work to uphold such documents and policies to the best 
  599  of his or her ability; and that he or she will faithfully 
  600  discharge his or her fiduciary responsibility to the 
  601  association’s members. In lieu of this written certification, 
  602  the newly elected director may submit a certificate of 
  603  satisfactory completion of the educational curriculum 
  604  administered by a division-approved condominium education 
  605  provider. Failure to timely file the written certification or 
  606  educational certificate automatically disqualifies the director 
  607  from service on the board. The secretary shall cause the 
  608  association to retain a director’s written certification or 
  609  educational certificate for inspection by the members for 5 
  610  years after a director’s election. Failure to have such written 
  611  certification or educational certificate on file does not affect 
  612  the validity of any appropriate action. 
  613         4. Any approval by unit owners called for by this chapter 
  614  or the applicable declaration or bylaws, including, but not 
  615  limited to, the approval requirement in s. 718.111(8), shall be 
  616  made at a duly noticed meeting of unit owners and shall be 
  617  subject to all requirements of this chapter or the applicable 
  618  condominium documents relating to unit owner decisionmaking, 
  619  except that unit owners may take action by written agreement, 
  620  without meetings, on matters for which action by written 
  621  agreement without meetings is expressly allowed by the 
  622  applicable bylaws or declaration or any statute that provides 
  623  for such action. 
  624         5. Unit owners may waive notice of specific meetings if 
  625  allowed by the applicable bylaws or declaration or any statute. 
  626  If authorized by the bylaws, notice of meetings of the board of 
  627  administration, unit owner meetings, except unit owner meetings 
  628  called to recall board members under paragraph (j), and 
  629  committee meetings may be given by electronic transmission to 
  630  unit owners who consent to receive notice by electronic 
  631  transmission. 
  632         6. Unit owners shall have the right to participate in 
  633  meetings of unit owners with reference to all designated agenda 
  634  items. However, the association may adopt reasonable rules 
  635  governing the frequency, duration, and manner of unit owner 
  636  participation. 
  637         7. Any unit owner may tape record or videotape a meeting of 
  638  the unit owners subject to reasonable rules adopted by the 
  639  division. 
  640         8. Unless otherwise provided in the bylaws, any vacancy 
  641  occurring on the board before the expiration of a term may be 
  642  filled by the affirmative vote of the majority of the remaining 
  643  directors, even if the remaining directors constitute less than 
  644  a quorum, or by the sole remaining director. In the alternative, 
  645  a board may hold an election to fill the vacancy, in which case 
  646  the election procedures must conform to the requirements of sub 
  647  subparagraph subparagraph 3.a. unless the association governs 10 
  648  units or fewer less and has opted out of the statutory election 
  649  process, in which case the bylaws of the association control. 
  650  Unless otherwise provided in the bylaws, a board member 
  651  appointed or elected under this section shall fill the vacancy 
  652  for the unexpired term of the seat being filled. Filling 
  653  vacancies created by recall is governed by paragraph (j) and 
  654  rules adopted by the division. 
  655   
  656  Notwithstanding subparagraph subparagraphs (b)2. and sub 
  657  subparagraph (d)3.a., an association of 10 or fewer units may, 
  658  by the affirmative vote of a majority of the total voting 
  659  interests, provide for different voting and election procedures 
  660  in its bylaws, which vote may be by a proxy specifically 
  661  delineating the different voting and election procedures. The 
  662  different voting and election procedures may provide for 
  663  elections to be conducted by limited or general proxy. 
  664         (l) Certificate of compliance.—There shall be a provision 
  665  that a certificate of compliance from a licensed electrical 
  666  contractor or electrician may be accepted by the association’s 
  667  board as evidence of compliance of the condominium units with 
  668  the applicable fire and life safety code. Notwithstanding the 
  669  provisions of chapter 633 or of any other code, statute, 
  670  ordinance, administrative rule, or regulation, or any 
  671  interpretation of the foregoing, an association, condominium, or 
  672  unit owner is not obligated to retrofit the common elements or 
  673  units of a residential condominium with a fire sprinkler system 
  674  or other engineered lifesafety system in a building that has 
  675  been certified for occupancy by the applicable governmental 
  676  entity, if the unit owners have voted to forego such 
  677  retrofitting and engineered lifesafety system by the affirmative 
  678  vote of two-thirds of all voting interests in the affected 
  679  condominium. However, a condominium association may not vote to 
  680  forego the retrofitting with a fire sprinkler system of common 
  681  areas in a high-rise building. For purposes of this subsection, 
  682  the term “high-rise building” means a building that is greater 
  683  than 75 feet in height where the building height is measured 
  684  from the lowest level of fire department access to the floor of 
  685  the highest occupiable story. For purposes of this subsection, 
  686  the term “common areas” means any enclosed hallway, corridor, 
  687  lobby, stairwell, or entryway. In no event shall the local 
  688  authority having jurisdiction require completion of retrofitting 
  689  of common areas with a sprinkler system or other engineered 
  690  lifesafety system before the end of 2019 2014. 
  691         1. A vote to forego retrofitting may be obtained by limited 
  692  proxy or by a ballot personally cast at a duly called membership 
  693  meeting, or by execution of a written consent by the member, and 
  694  shall be effective upon the recording of a certificate attesting 
  695  to such vote in the public records of the county where the 
  696  condominium is located. The association shall mail, hand 
  697  deliver, or electronically transmit to each unit owner written 
  698  notice at least 14 days prior to such membership meeting in 
  699  which the vote to forego retrofitting of the required fire 
  700  sprinkler system is to take place. Within 30 days after the 
  701  association’s opt-out vote, notice of the results of the opt-out 
  702  vote shall be mailed, hand delivered, or electronically 
  703  transmitted to all unit owners. Evidence of compliance with this 
  704  30-day notice shall be made by an affidavit executed by the 
  705  person providing the notice and filed among the official records 
  706  of the association. After such notice is provided to each owner, 
  707  a copy of such notice shall be provided by the current owner to 
  708  a new owner prior to closing and shall be provided by a unit 
  709  owner to a renter prior to signing a lease. 
  710         2. A vote to forego retrofitting may be obtained at a 
  711  special meeting of the unit owners called by a petition of at 
  712  least 25 percent of the voting interests, once every 3 years. 
  713  Notice shall be provided as required for any regularly called 
  714  meeting of the unit owners, and the notice shall state the 
  715  purpose of the meeting. Electronic transmission may not be used 
  716  as a method of giving notice of a meeting called in whole or in 
  717  part for this purpose. 
  718         3.2. As part of the information collected annually from 
  719  condominiums, the division shall require condominium 
  720  associations to report the membership vote and recording of a 
  721  certificate under this subsection and, if retrofitting has been 
  722  undertaken, the per-unit cost of such work. The division shall 
  723  annually report to the Division of State Fire Marshal of the 
  724  Department of Financial Services the number of condominiums that 
  725  have elected to forego retrofitting. 
  726         (n) Director or officer delinquencies.—A director or 
  727  officer more than 90 days delinquent in the payment of any fee, 
  728  fine, or regular or special assessments shall be deemed to have 
  729  abandoned the office, creating a vacancy in the office to be 
  730  filled according to law. 
  731         Section 6. Paragraph (d) of subsection (1) of section 
  732  718.115, Florida Statutes, is amended to read: 
  733         718.115 Common expenses and common surplus.— 
  734         (1) 
  735         (d) If the association is authorized pursuant to so 
  736  provided in the declaration to enter into a bulk contract for 
  737  communications services as defined in chapter 202, information 
  738  services, or Internet services, the costs charged for such 
  739  services, the cost of a master antenna television system or duly 
  740  franchised cable television service obtained pursuant to a bulk 
  741  contract shall be deemed a common expense. If the declaration 
  742  does not authorize the association to enter into a bulk contract 
  743  for provide for the cost of communications services as defined 
  744  in chapter 202, information services, or Internet services a 
  745  master antenna television system or duly franchised cable 
  746  television service obtained under a bulk contract as a common 
  747  expense, the board may enter into such a contract for such 
  748  services., and The cost of the services under a bulk contract 
  749  service will be a common expense but allocated on a per-unit 
  750  basis rather than a percentage basis if the declaration provides 
  751  for other than an equal sharing of common expenses, and any 
  752  contract entered into before July 1, 1998, in which the cost of 
  753  the service is not equally divided among all unit owners, may be 
  754  changed by vote of a majority of the voting interests present at 
  755  a regular or special meeting of the association, to allocate the 
  756  cost equally among all units. The contract shall be for a term 
  757  of not less than 2 years. 
  758         1. Any contract made by the board after the effective date 
  759  hereof for communications services as defined in chapter 202, 
  760  information services, or Internet services a community antenna 
  761  system or duly franchised cable television service may be 
  762  canceled by a majority of the voting interests present at the 
  763  next regular or special meeting of the association. Any member 
  764  may make a motion to cancel the said contract, but if no motion 
  765  is made or if such motion fails to obtain the required majority 
  766  at the next regular or special meeting, whichever occurs is 
  767  sooner, following the making of the contract, then such contract 
  768  shall be deemed ratified for the term therein expressed. Any 
  769  contract made by the association prior to assumption of control 
  770  of the association by unit owners other than the developer may 
  771  be canceled within 120 days after unit owners other than the 
  772  developer elect a majority of the board of directors consistent 
  773  with the provisions of s. 718.302(1). 
  774         2. Any such contract shall provide, and shall be deemed to 
  775  provide if not expressly set forth, that any hearing-impaired or 
  776  legally blind unit owner who does not occupy the unit with a 
  777  non-hearing-impaired or sighted person, or any unit owner 
  778  receiving supplemental security income under Title XVI of the 
  779  Social Security Act or food stamps as administered by the 
  780  Department of Children and Family Services pursuant to s. 
  781  414.31, may discontinue the cable or video service without 
  782  incurring disconnect fees, penalties, or subsequent service 
  783  charges, and, as to such units, the owners shall not be required 
  784  to pay any common expenses charge related to such service. If 
  785  less than all members of an association share the expenses of 
  786  cable or video service television, the expense shall be shared 
  787  equally by all participating unit owners. The association may 
  788  use the provisions of s. 718.116 to enforce payment of the 
  789  shares of such costs by the unit owners receiving cable or video 
  790  service television. 
  791         Section 7. Subsection (1) of section 718.301, Florida 
  792  Statutes, is amended to read: 
  793         718.301 Transfer of association control; claims of defect 
  794  by association.— 
  795         (1) When unit owners other than the developer own 15 
  796  percent or more of the units in a condominium that will be 
  797  operated ultimately by an association, the unit owners other 
  798  than the developer shall be entitled to elect no less than one 
  799  third of the members of the board of administration of the 
  800  association. Unit owners other than the developer are entitled 
  801  to elect not less than a majority of the members of the board of 
  802  administration of an association: 
  803         (a) Three years after 50 percent of the units that will be 
  804  operated ultimately by the association have been conveyed to 
  805  purchasers; 
  806         (b) Three months after 90 percent of the units that will be 
  807  operated ultimately by the association have been conveyed to 
  808  purchasers; 
  809         (c) When all the units that will be operated ultimately by 
  810  the association have been completed, some of them have been 
  811  conveyed to purchasers, and none of the others are being offered 
  812  for sale by the developer in the ordinary course of business; 
  813         (d) When some of the units have been conveyed to purchasers 
  814  and none of the others are being constructed or offered for sale 
  815  by the developer in the ordinary course of business; 
  816         (e) When the developer files a petition seeking protection 
  817  in bankruptcy; 
  818         (f) When a receiver for the developer is appointed by a 
  819  circuit court and is not discharged within 30 days after such 
  820  appointment, unless the court determines within 30 days after 
  821  appointment of the receiver that transfer of control would be 
  822  detrimental to the association or its members; or 
  823         (g) Seven years after recordation of the declaration of 
  824  condominium; or, in the case of an association which may 
  825  ultimately operate more than one condominium, 7 years after 
  826  recordation of the declaration for the first condominium it 
  827  operates; or, in the case of an association operating a phase 
  828  condominium created pursuant to s. 718.403, 7 years after 
  829  recordation of the declaration creating the initial phase, 
  830   
  831  whichever occurs first. The developer is entitled to elect at 
  832  least one member of the board of administration of an 
  833  association as long as the developer holds for sale in the 
  834  ordinary course of business at least 5 percent, in condominiums 
  835  with fewer than 500 units, and 2 percent, in condominiums with 
  836  more than 500 units, of the units in a condominium operated by 
  837  the association. Following the time the developer relinquishes 
  838  control of the association, the developer may exercise the right 
  839  to vote any developer-owned units in the same manner as any 
  840  other unit owner except for purposes of reacquiring control of 
  841  the association or selecting the majority members of the board 
  842  of administration. 
  843         Section 8. Part VII of chapter 718, Florida Statutes, 
  844  consisting of sections 718.701, 718.702, 718.703, 718.704, 
  845  718.705, 718.706, 718.707, and 718.708, is created to read: 
  846                              PART VII                              
  847                    DISTRESSED CONDOMINIUM RELIEF                   
  848         718.701 Short title.—This part may be cited as the 
  849  “Distressed Condominium Relief Act.” 
  850         718.702 Legislative intent.— 
  851         (1) The Legislature acknowledges the massive downturn in 
  852  the condominium market which has transpired throughout the state 
  853  and the impact of such downturn on developers, lenders, unit 
  854  owners, and condominium associations. Numerous condominium 
  855  projects have either failed or are in the process of failing, 
  856  whereby the condominium has a small percentage of third-party 
  857  unit owners as compared to the unsold inventory of units. As a 
  858  result of the inability to find purchasers for this inventory of 
  859  units, which results in part from the devaluing of real estate 
  860  in this state, developers are unable to satisfy the requirements 
  861  of their lenders, leading to defaults on mortgages. 
  862  Consequently, lenders are faced with the task of finding a 
  863  solution to the problem in order to be paid for their 
  864  investments. 
  865         (2) The Legislature recognizes that all of the factors 
  866  listed in this section lead to condominiums becoming distressed, 
  867  resulting in detriment to the unit owners and the condominium 
  868  association on account of the resulting shortage of assessment 
  869  moneys available to support the financial requirements for 
  870  proper maintenance of the condominium. Such shortage and the 
  871  resulting lack of proper maintenance further erode property 
  872  values. The Legislature finds that individuals and entities 
  873  within Florida and in other states have expressed interest in 
  874  purchasing unsold inventory in one or more condominium projects, 
  875  but are reticent to do so because of accompanying liabilities 
  876  inherited from the original developer, which are by definition 
  877  imputed to the successor purchaser, including a foreclosing 
  878  mortgagee. This results in the potential purchaser having 
  879  unknown and unquantifiable risks, and potential successor 
  880  purchasers are unwilling to accept such risks. The result is 
  881  that condominium projects stagnate, leaving all parties involved 
  882  at an impasse without the ability to find a solution. 
  883         (3) The Legislature finds and declares that it is the 
  884  public policy of this state to protect the interests of 
  885  developers, lenders, unit owners, and condominium associations 
  886  with regard to distressed condominiums, and that there is a need 
  887  for relief from certain provisions of the Florida Condominium 
  888  Act geared toward enabling economic opportunities within these 
  889  condominiums for successor purchasers, including foreclosing 
  890  mortgagees. Such relief would benefit existing unit owners and 
  891  condominium associations. The Legislature further finds and 
  892  declares that this situation cannot be open-ended without 
  893  potentially prejudicing the rights of unit owners and 
  894  condominium associations, and thereby declares that the 
  895  provisions of this part shall be used by purchasers of 
  896  condominium inventory for a specific and defined period. 
  897         718.703 Definitions.—As used in this part, the term: 
  898         (1) “Bulk assignee” means a person who: 
  899         (a) Acquires more than seven condominium parcels as set 
  900  forth in s. 718.707; and 
  901         (b) Receives an assignment of some or all of the rights of 
  902  the developer as are set forth in the declaration of condominium 
  903  or in this chapter by a written instrument recorded as an 
  904  exhibit to the deed or as a separate instrument in the public 
  905  records of the county in which the condominium is located. 
  906         (2) “Bulk buyer” means a person who acquires more than 
  907  seven condominium parcels as set forth in s. 718.707 but who 
  908  does not receive an assignment of any developer rights other 
  909  than the right to conduct sales, leasing, and marketing 
  910  activities within the condominium. 
  911         718.704 Assignment of developer rights to and assumption of 
  912  developer rights by bulk assignee; bulk buyer.— 
  913         (1) A bulk assignee shall be deemed to have assumed and is 
  914  liable for all duties and responsibilities of the developer 
  915  under the declaration and this chapter, except: 
  916         (a) Warranties of the developer under s. 718.203(1) or s. 
  917  718.618, except for design, construction, development, or repair 
  918  work performed by or on behalf of such bulk assignee. 
  919         (b) The obligation to: 
  920         1. Fund converter reserves under s. 718.618 for a unit 
  921  which was not acquired by the bulk assignee; or 
  922         2. Provide converter warranties on any portion of the 
  923  condominium property except as may be expressly provided by the 
  924  bulk assignee in the contract for purchase and sale executed 
  925  with a purchaser and pertaining to any design, construction, 
  926  development, or repair work performed by or on behalf of the 
  927  bulk assignee. 
  928         (c) The requirement to provide the association with a 
  929  cumulative audit of the association’s finances from the date of 
  930  formation of the condominium association as required by s. 
  931  718.301. However, the bulk assignee shall provide an audit for 
  932  the period for which the bulk assignee elects a majority of the 
  933  members of the board of administration. 
  934         (d) Any liability arising out of or in connection with 
  935  actions taken by the board of administration or the developer 
  936  appointed directors before the bulk assignee elects a majority 
  937  of the members of the board of administration. 
  938         (e) Any liability for or arising out of the developer’s 
  939  failure to fund previous assessments or to resolve budgetary 
  940  deficits in relation to a developer’s right to guarantee 
  941  assessments, except as otherwise provided in subsection (2). 
  942   
  943  Further, the bulk assignee is responsible for delivering 
  944  documents and materials in accordance with s. 718.705(3). A bulk 
  945  assignee may expressly assume some or all of the obligations of 
  946  the developer described in paragraphs (a)-(e). 
  947         (2) A bulk assignee receiving the assignment of the rights 
  948  of the developer to guarantee the level of assessments and fund 
  949  budgetary deficits pursuant to s. 718.116 shall be deemed to 
  950  have assumed and is liable for all obligations of the developer 
  951  with respect to such guarantee, including any applicable funding 
  952  of reserves to the extent required by law, for as long as the 
  953  guarantee remains in effect. A bulk assignee not receiving an 
  954  assignment of the right of the developer to guarantee the level 
  955  of assessments and fund budgetary deficits pursuant to s. 
  956  718.116 or a bulk buyer is not deemed to have assumed and is not 
  957  liable for the obligations of the developer with respect to such 
  958  guarantee, but is responsible for payment of assessments in the 
  959  same manner as all other owners of condominium parcels. 
  960         (3) A bulk buyer is liable for the duties and 
  961  responsibilities of the developer under the declaration and this 
  962  chapter only to the extent provided in this part, together with 
  963  any other duties or responsibilities of the developer expressly 
  964  assumed in writing by the bulk buyer. 
  965         (4) An acquirer of condominium parcels is not considered a 
  966  bulk assignee or a bulk buyer if the transfer to such acquirer 
  967  was made with the intent to hinder, delay, or defraud any 
  968  purchaser, unit owner, or the association, or if the acquirer is 
  969  a person who would constitute an insider under s. 726.102(7). 
  970         (5) An assignment of developer rights to a bulk assignee 
  971  may be made by the developer, a previous bulk assignee, or a 
  972  court of competent jurisdiction acting on behalf of the 
  973  developer or the previous bulk assignee. At any particular time, 
  974  there may be no more than one bulk assignee within a 
  975  condominium, but there may be more than one bulk buyer. If more 
  976  than one acquirer of condominium parcels receives an assignment 
  977  of developer rights from the same person, the bulk assignee is 
  978  the acquirer whose instrument of assignment is recorded first in 
  979  applicable public records. 
  980         718.705 Board of administration; transfer of control.— 
  981         (1) For purposes of determining the timing for transfer of 
  982  control of the board of administration of the association to 
  983  unit owners other than the developer under s. 718.301(1)(a) or 
  984  (b), if a bulk assignee is entitled to elect a majority of the 
  985  members of the board, a condominium parcel acquired by the bulk 
  986  assignee shall not be deemed to be conveyed to a purchaser, or 
  987  to be owned by an owner other than the developer, until such 
  988  condominium parcel is conveyed to an owner who is not a bulk 
  989  assignee. 
  990         (2) Unless control of the board of administration of the 
  991  association has already been relinquished pursuant to s. 
  992  718.301(1), the bulk assignee is obligated to relinquish control 
  993  of the association in accordance with s. 718.301 and this part. 
  994         (3) When a bulk assignee relinquishes control of the board 
  995  of administration as set forth in s. 718.301, the bulk assignee 
  996  shall deliver all of those items required by s. 718.301(4). 
  997  However, the bulk assignee is not required to deliver items and 
  998  documents not in the possession of the bulk assignee during the 
  999  period during which the bulk assignee was the owner of 
 1000  condominium parcels. In conjunction with the acquisition of 
 1001  condominium parcels, a bulk assignee shall undertake a good 
 1002  faith effort to obtain the documents and materials required to 
 1003  be provided to the association pursuant to s. 718.301(4). To the 
 1004  extent the bulk assignee is not able to obtain all of such 
 1005  documents and materials, the bulk assignee shall certify in 
 1006  writing to the association the names or descriptions of the 
 1007  documents and materials that were not obtainable by the bulk 
 1008  assignee. Delivery of the certificate relieves the bulk assignee 
 1009  of responsibility for the delivery of the documents and 
 1010  materials referenced in the certificate as otherwise required 
 1011  under ss. 718.112 and 718.301 and this part. The responsibility 
 1012  of the bulk assignee for the audit required by s. 718.301(4) 
 1013  shall commence as of the date on which the bulk assignee elected 
 1014  a majority of the members of the board of administration. 
 1015         (4) If a conflict arises between the provisions or 
 1016  application of this section and s. 718.301, this section shall 
 1017  prevail. 
 1018         (5) Failure of a bulk assignee or bulk buyer to comply with 
 1019  all the requirements contained in this part shall result in the 
 1020  loss of any and all protections or exemptions provided under 
 1021  this part. 
 1022         718.706 Specific provisions pertaining to offering of units 
 1023  by a bulk assignee or bulk buyer.— 
 1024         (1) Before offering any units for sale or for lease for a 
 1025  term exceeding 5 years, a bulk assignee or bulk buyer must file 
 1026  the following documents with the division and provide such 
 1027  documents to a prospective purchaser: 
 1028         (a) An updated prospectus or offering circular, or a 
 1029  supplement to the prospectus or offering circular, filed by the 
 1030  creating developer prepared in accordance with s. 718.504, which 
 1031  shall include the form of contract for purchase and sale in 
 1032  compliance with s. 718.503(2). 
 1033         (b) An updated Frequently Asked Questions and Answers 
 1034  sheet. 
 1035         (c) The executed escrow agreement if required under s. 
 1036  718.202. 
 1037         (d) The financial information required by s. 718.111(13). 
 1038  However, if a financial information report does not exist for 
 1039  the fiscal year before acquisition of title by the bulk assignee 
 1040  or bulk buyer, or accounting records cannot be obtained in good 
 1041  faith by the bulk assignee or bulk buyer which would permit 
 1042  preparation of the required financial information report, the 
 1043  bulk assignee or bulk buyer is excused from the requirement of 
 1044  this paragraph. However, the bulk assignee or bulk buyer must 
 1045  include in the purchase contract the following statement in 
 1046  conspicuous type: 
 1047   
 1048         THE FINANCIAL INFORMATION REPORT REQUIRED UNDER 
 1049         SECTION 718.111(13), FLORIDA STATUTES, FOR THE 
 1050         IMMEDIATELY PRECEDING FISCAL YEAR OF THE ASSOCIATION 
 1051         IS NOT AVAILABLE OR CANNOT BE CREATED BY THE SELLER AS 
 1052         A RESULT OF INSUFFICIENT ACCOUNTING RECORDS OF THE 
 1053         ASSOCIATION. 
 1054   
 1055         (2) Before offering any units for sale or for lease for a 
 1056  term exceeding 5 years, a bulk assignee must file with the 
 1057  division and provide to a prospective purchaser a disclosure 
 1058  statement that must include, but is not limited to: 
 1059         (a) A description to the purchaser of any rights of the 
 1060  developer which have been assigned to the bulk assignee. 
 1061         (b) The following statement in conspicuous type: 
 1062   
 1063         SELLER IS NOT OBLIGATED FOR ANY WARRANTIES OF THE 
 1064         DEVELOPER UNDER SECTION 718.203(1) OR SECTION 718.618, 
 1065         FLORIDA STATUTES, AS APPLICABLE, EXCEPT FOR DESIGN, 
 1066         CONSTRUCTION, DEVELOPMENT, OR REPAIR WORK PERFORMED BY 
 1067         OR ON BEHALF OF SELLER. 
 1068   
 1069         (c) If the condominium is a conversion subject to part VI, 
 1070  the following statement in conspicuous type: 
 1071   
 1072         SELLER HAS NO OBLIGATION TO FUND CONVERTER 
 1073         RESERVES OR TO PROVIDE CONVERTER WARRANTIES UNDER 
 1074         SECTION 718.618, FLORIDA STATUTES, ON ANY PORTION OF 
 1075         THE CONDOMINIUM PROPERTY EXCEPT AS MAY BE EXPRESSLY 
 1076         REQUIRED OF THE SELLER IN THE CONTRACT FOR PURCHASE 
 1077         AND SALE EXECUTED BY THE SELLER AND THE PREVIOUS 
 1078         DEVELOPER AND PERTAINING TO ANY DESIGN, CONSTRUCTION, 
 1079         DEVELOPMENT, OR REPAIR WORK PERFORMED BY OR ON BEHALF 
 1080         OF THE SELLER. 
 1081   
 1082         (3) In addition to the requirements set forth in subsection 
 1083  (1), a bulk assignee or bulk buyer must comply with the 
 1084  nondeveloper disclosure requirements set forth in s. 718.503(2) 
 1085  before offering any units for sale or for lease for a term 
 1086  exceeding 5 years. 
 1087         (4) A bulk assignee, while in control of the board of 
 1088  administration of the association, may not authorize, on behalf 
 1089  of the association: 
 1090         (a) The waiver of reserves or the reduction of funding of 
 1091  the reserves in accordance with s. 718.112(2)(f)2., unless 
 1092  approved by a majority of the voting interests not controlled by 
 1093  the developer, bulk assignee, or bulk buyer; or 
 1094         (b) The use of reserve expenditures for other purposes in 
 1095  accordance with s. 718.112(2)(f)3., unless approved by a 
 1096  majority of the voting interests not controlled by the 
 1097  developer, bulk assignee, or bulk buyer. 
 1098         (5) A bulk assignee, while in control of the board of 
 1099  administration of the association, must comply with the 
 1100  requirements imposed upon developers to transfer control of the 
 1101  association to the unit owners in accordance with s. 718.301. 
 1102         (6) A bulk assignee or bulk buyer must comply with all the 
 1103  requirements of s. 718.302 regarding any contracts entered into 
 1104  by the association during the period the bulk assignee or bulk 
 1105  buyer maintains control of the board of administration. Unit 
 1106  owners shall be afforded all the protections contained in s. 
 1107  718.302 regarding agreements entered into by the association 
 1108  before unit owners other than the developer, bulk assignee, or 
 1109  bulk buyer elected a majority of the board of administration. 
 1110         (7) A bulk buyer must comply with the requirements 
 1111  contained in the declaration regarding any transfer of a unit, 
 1112  including sales, leases, and subleases. A bulk buyer is not 
 1113  entitled to any exemptions afforded a developer or successor 
 1114  developer under this chapter regarding any transfer of a unit, 
 1115  including sales, leases, or subleases. 
 1116         718.707 Time limitation for classification as bulk assignee 
 1117  or bulk buyer.—A person acquiring condominium parcels may not be 
 1118  classified as a bulk assignee or bulk buyer unless the 
 1119  condominium parcels were acquired before July 1, 2011. The date 
 1120  of such acquisition shall be determined by the date of recording 
 1121  of a deed or other instrument of conveyance for such parcels in 
 1122  the public records of the county in which the condominium is 
 1123  located or by the date of issuance of a certificate of title in 
 1124  a foreclosure proceeding with respect to such condominium 
 1125  parcels. 
 1126         718.708 Liability of developers and others.—An assignment 
 1127  of developer rights to a bulk assignee or bulk buyer does not 
 1128  release the developer from any liabilities under the declaration 
 1129  or this chapter. This part does not limit the liability of the 
 1130  developer for claims brought by unit owners, bulk assignees, or 
 1131  bulk buyers for violations of this chapter by the developer, 
 1132  unless specifically excluded in this part. Nothing contained 
 1133  within this part waives, releases, compromises, or limits the 
 1134  liability of contractors, subcontractors, materialmen, 
 1135  manufacturers, architects, engineers, or any participant in the 
 1136  design or construction of a condominium for any claim brought by 
 1137  an association, unit owners, bulk assignees, or bulk buyers 
 1138  arising from the design of the condominium, construction 
 1139  defects, misrepresentations associated with condominium 
 1140  property, or violations of this chapter, unless specifically 
 1141  excluded in this part. 
 1142         Section 9. Subsection (2) of section 553.509, Florida 
 1143  Statutes, is repealed. 
 1144         Section 10. This act shall take effect upon becoming a law.