Bill Text: FL S1780 | 2022 | Regular Session | Introduced
Bill Title: Community Associations' Building Inspections
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2022-03-14 - Died in Regulated Industries [S1780 Detail]
Download: Florida-2022-S1780-Introduced.html
Florida Senate - 2022 SB 1780 By Senator Pizzo 38-00162-22 20221780__ 1 A bill to be entitled 2 An act relating to community associations’ building 3 inspections; amending ss. 718.112, 719.106, and 4 720.303, F.S.; requiring that residential condominium, 5 residential cooperative, and homeowners’ association 6 buildings be inspected upon reaching 30 years of age 7 and every 5 years thereafter; requiring that the 8 inspection be completed by a specified architect or 9 engineer; requiring the boards of a condominium 10 association, cooperative association, and homeowners’ 11 association, respectively, to convene within a 12 specified time after receipt of the inspection report 13 for a specified purpose; requiring such associations 14 to provide a copy of the inspection report to the 15 local authority having jurisdiction and to make the 16 report available for inspection by their members 17 within a specified time; requiring that a copy of the 18 inspection report be maintained in the associations’ 19 official records; amending ss. 718.111 and 719.104, 20 F.S.; requiring that a specified inspection report be 21 maintained as an official record of condominium 22 associations and cooperative associations, 23 respectively; amending ss. 718.301 and 720.307, F.S.; 24 requiring a developer to comply with certain building 25 inspection requirements and to provide a specified 26 inspection report upon the transition of association 27 control under certain circumstances; providing an 28 effective date. 29 30 Be It Enacted by the Legislature of the State of Florida: 31 32 Section 1. Paragraph (a) of subsection (12) of section 33 718.111, Florida Statutes, is amended to read: 34 718.111 The association.— 35 (12) OFFICIAL RECORDS.— 36 (a) From the inception of the association, the association 37 shall maintain each of the following items, if applicable, which 38 constitutes the official records of the association: 39 1. A copy of the plans, permits, warranties, and other 40 items provided by the developer under s. 718.301(4). 41 2. A photocopy of the recorded declaration of condominium 42 of each condominium operated by the association and each 43 amendment to each declaration. 44 3. A photocopy of the recorded bylaws of the association 45 and each amendment to the bylaws. 46 4. A certified copy of the articles of incorporation of the 47 association, or other documents creating the association, and 48 each amendment thereto. 49 5. A copy of the current rules of the association. 50 6. A book or books that contain the minutes of all meetings 51 of the association, the board of administration, and the unit 52 owners. 53 7. A current roster of all unit owners and their mailing 54 addresses, unit identifications, voting certifications, and, if 55 known, telephone numbers. The association shall also maintain 56 the e-mail addresses and facsimile numbers of unit owners 57 consenting to receive notice by electronic transmission. The e 58 mail addresses and facsimile numbers are not accessible to unit 59 owners if consent to receive notice by electronic transmission 60 is not provided in accordance with sub-subparagraph (c)3.e. 61 However, the association is not liable for an inadvertent 62 disclosure of the e-mail address or facsimile number for 63 receiving electronic transmission of notices. 64 8. All current insurance policies of the association and 65 condominiums operated by the association. 66 9. A current copy of any management agreement, lease, or 67 other contract to which the association is a party or under 68 which the association or the unit owners have an obligation or 69 responsibility. 70 10. Bills of sale or transfer for all property owned by the 71 association. 72 11. Accounting records for the association and separate 73 accounting records for each condominium that the association 74 operates. Any person who knowingly or intentionally defaces or 75 destroys such records, or who knowingly or intentionally fails 76 to create or maintain such records, with the intent of causing 77 harm to the association or one or more of its members, is 78 personally subject to a civil penalty pursuant to s. 79 718.501(1)(d). The accounting records must include, but are not 80 limited to: 81 a. Accurate, itemized, and detailed records of all receipts 82 and expenditures. 83 b. A current account and a monthly, bimonthly, or quarterly 84 statement of the account for each unit designating the name of 85 the unit owner, the due date and amount of each assessment, the 86 amount paid on the account, and the balance due. 87 c. All audits, reviews, accounting statements, and 88 financial reports of the association or condominium. 89 d. All contracts for work to be performed. Bids for work to 90 be performed are also considered official records and must be 91 maintained by the association for at least 1 year after receipt 92 of the bid. 93 12. Ballots, sign-in sheets, voting proxies, and all other 94 papers and electronic records relating to voting by unit owners, 95 which must be maintained for 1 year from the date of the 96 election, vote, or meeting to which the document relates, 97 notwithstanding paragraph (b). 98 13. All rental records if the association is acting as 99 agent for the rental of condominium units. 100 14. A copy of the current question and answer sheet as 101 described in s. 718.504. 102 15. A copy of the inspection reportsreportas described in 103 ss. 718.112(2)(p) and 718.301(4)(p)s. 718.301(4)(p). 104 16. Bids for materials, equipment, or services. 105 17. All affirmative acknowledgments made pursuant to s. 106 718.121(4)(c). 107 18. All other written records of the association not 108 specifically included in the foregoing which are related to the 109 operation of the association. 110 Section 2. Paragraph (p) is added to subsection (2) of 111 section 718.112, Florida Statutes, to read: 112 718.112 Bylaws.— 113 (2) REQUIRED PROVISIONS.—The bylaws shall provide for the 114 following and, if they do not do so, shall be deemed to include 115 the following: 116 (p) Building inspections.—An association must ensure 117 compliance with the Florida Building Code. 118 1. As to a residential condominium building that is four 119 stories or more in height and located within a one-half mile 120 radius of the Gulf of Mexico or Atlantic coast shoreline of the 121 state, once the building reaches 30 years of age, and every 5 122 years thereafter, the board must have the condominium building 123 inspected by a licensed architect or engineer authorized to 124 practice in this state. 125 2. In accordance with the requirements of paragraph (c), 126 the board shall convene a board meeting within 21 days after the 127 date of receipt of the inspection report to vote on a plan to 128 repair the condominium building if the inspection report 129 indicates that repairs are needed. 130 3. Within 5 days after the date of receipt of the 131 inspection report, the board shall: 132 a. Provide a copy of the report to the local authority 133 having jurisdiction; and 134 b. Make the report available for inspection by any 135 association member or an authorized representative of such 136 member as required under s. 718.111(12). 137 4. The association shall maintain a copy of the inspection 138 report as part of the association’s official records in 139 accordance with s. 718.111(12). 140 Section 3. Paragraph (p) of subsection (4) of section 141 718.301, Florida Statutes, is amended to read: 142 718.301 Transfer of association control; claims of defect 143 by association.— 144 (4) At the time that unit owners other than the developer 145 elect a majority of the members of the board of administration 146 of an association, the developer shall relinquish control of the 147 association, and the unit owners shall accept control. 148 Simultaneously, or for the purposes of paragraph (c) not more 149 than 90 days thereafter, the developer shall deliver to the 150 association, at the developer’s expense, all property of the 151 unit owners and of the association which is held or controlled 152 by the developer, including, but not limited to, the following 153 items, if applicable, as to each condominium operated by the 154 association: 155 (p)1. A report included in the official records, under seal 156 of an architect or engineer authorized to practice in this 157 state, attesting to required maintenance, useful life, and 158 replacement costs of the following applicable common elements 159 comprising a turnover inspection report: 160 a.1.Roof. 161 b.2.Structure. 162 c.3.Fireproofing and fire protection systems. 163 d.4.Elevators. 164 e.5.Heating and cooling systems. 165 f.6.Plumbing. 166 g.7.Electrical systems. 167 h.8.Swimming pool or spa and equipment. 168 i.9.Seawalls. 169 j.10.Pavement and parking areas. 170 k.11.Drainage systems. 171 l.12.Painting. 172 m.13.Irrigation systems. 173 2. If a residential condominium building requires an 174 inspection under s. 718.112(2)(p) before a developer 175 relinquishes control of the association, the developer must 176 comply with that paragraph and provide a copy of any inspection 177 reports generated to the association when the developer 178 relinquishes control of the association. 179 Section 4. Paragraph (a) of subsection (2) of section 180 719.104, Florida Statutes, is amended to read: 181 719.104 Cooperatives; access to units; records; financial 182 reports; assessments; purchase of leases.— 183 (2) OFFICIAL RECORDS.— 184 (a) From the inception of the association, the association 185 shall maintain a copy of each of the following, where 186 applicable, which shall constitute the official records of the 187 association: 188 1. The plans, permits, warranties, and other items provided 189 by the developer pursuant to s. 719.301(4). 190 2. A photocopy of the cooperative documents. 191 3. A copy of the current rules of the association. 192 4. A book or books containing the minutes of all meetings 193 of the association, of the board of directors, and of the unit 194 owners. 195 5. A current roster of all unit owners and their mailing 196 addresses, unit identifications, voting certifications, and, if 197 known, telephone numbers. The association shall also maintain 198 the e-mail addresses and the numbers designated by unit owners 199 for receiving notice sent by electronic transmission of those 200 unit owners consenting to receive notice by electronic 201 transmission. The e-mail addresses and numbers provided by unit 202 owners to receive notice by electronic transmission shall be 203 removed from association records when consent to receive notice 204 by electronic transmission is revoked. However, the association 205 is not liable for an erroneous disclosure of the e-mail address 206 or the number for receiving electronic transmission of notices. 207 6. All current insurance policies of the association. 208 7. A current copy of any management agreement, lease, or 209 other contract to which the association is a party or under 210 which the association or the unit owners have an obligation or 211 responsibility. 212 8. Bills of sale or transfer for all property owned by the 213 association. 214 9. Accounting records for the association and separate 215 accounting records for each unit it operates, according to good 216 accounting practices. The accounting records shall include, but 217 not be limited to: 218 a. Accurate, itemized, and detailed records of all receipts 219 and expenditures. 220 b. A current account and a monthly, bimonthly, or quarterly 221 statement of the account for each unit designating the name of 222 the unit owner, the due date and amount of each assessment, the 223 amount paid upon the account, and the balance due. 224 c. All audits, reviews, accounting statements, and 225 financial reports of the association. 226 d. All contracts for work to be performed. Bids for work to 227 be performed shall also be considered official records and shall 228 be maintained for a period of 1 year. 229 10. Ballots, sign-in sheets, voting proxies, and all other 230 papers and electronic records relating to voting by unit owners, 231 which shall be maintained for a period of 1 year after the date 232 of the election, vote, or meeting to which the document relates. 233 11. All rental records where the association is acting as 234 agent for the rental of units. 235 12. A copy of the current question and answer sheet as 236 described in s. 719.504. 237 13. All affirmative acknowledgments made pursuant to s. 238 719.108(3)(b)3. 239 14. A copy of the inspection report as described in s. 240 719.106(1)(n). 241 15.14.All other written records of the association not 242 specifically included in the foregoing which are related to the 243 operation of the association. 244 Section 5. Paragraph (n) is added to subsection (1) of 245 section 719.106, Florida Statutes, to read: 246 719.106 Bylaws; cooperative ownership.— 247 (1) MANDATORY PROVISIONS.—The bylaws or other cooperative 248 documents shall provide for the following, and if they do not, 249 they shall be deemed to include the following: 250 (n) Building inspections.—An association must ensure 251 compliance with the Florida Building Code. 252 1. As to a residential cooperative building that is four 253 stories or more in height and located within a one-half mile 254 radius of the Gulf of Mexico or Atlantic coast shoreline of the 255 state, once the building reaches 30 years of age, and every 5 256 years thereafter, the board of administration must have the 257 building inspected by a licensed architect or engineer 258 authorized to practice in this state. 259 2. In accordance with the requirements of paragraph (c), 260 the board of administration shall convene a board meeting within 261 21 days after the date of receipt of the inspection report to 262 vote on a plan to repair the cooperative building if the 263 inspection report indicates that repairs are needed. 264 3. Within 5 days after the date of receipt of the 265 inspection report, the board of administration shall: 266 a. Provide a copy of the report to the local authority 267 having jurisdiction; and 268 b. Make the report available for inspection by any 269 association member or an authorized representative of such 270 member as required under s. 719.104(2). 271 4. The association shall maintain a copy of the inspection 272 report as part of the association’s official records in 273 accordance with s. 719.104(2). 274 Section 6. Present paragraph (n) of subsection (4) of 275 section 720.303, Florida Statutes, is redesignated as paragraph 276 (o) and a new paragraph (n) is added to that subsection, and 277 subsection (1) of that section is amended, to read: 278 720.303 Association powers and duties; meetings of board; 279 official records; budgets; financial reporting; association 280 funds; recalls.— 281 (1) POWERS AND DUTIES.— 282 (a) An association which operates a community as defined in 283 s. 720.301, must be operated by an association that is a Florida 284 corporation. After October 1, 1995, the association must be 285 incorporated and the initial governing documents must be 286 recorded in the official records of the county in which the 287 community is located. An association may operate more than one 288 community. The officers and directors of an association have a 289 fiduciary relationship to the members who are served by the 290 association. The powers and duties of an association include 291 those set forth in this chapter and, except as expressly limited 292 or restricted in this chapter, those set forth in the governing 293 documents. After control of the association is obtained by 294 members other than the developer, the association may institute, 295 maintain, settle, or appeal actions or hearings in its name on 296 behalf of all members concerning matters of common interest to 297 the members, including, but not limited to, the common areas; 298 roof or structural components of a building, or other 299 improvements for which the association is responsible; 300 mechanical, electrical, or plumbing elements serving an 301 improvement or building for which the association is 302 responsible; representations of the developer pertaining to any 303 existing or proposed commonly used facility; and protesting ad 304 valorem taxes on commonly used facilities. The association may 305 defend actions in eminent domain or bring inverse condemnation 306 actions. Before commencing litigation against any party in the 307 name of the association involving amounts in controversy in 308 excess of $100,000, the association must obtain the affirmative 309 approval of a majority of the voting interests at a meeting of 310 the membership at which a quorum has been attained. This 311 subsection does not limit any statutory or common-law right of 312 any individual member or class of members to bring any action 313 without participation by the association. A member does not have 314 authority to act for the association by virtue of being a 315 member. An association may have more than one class of members 316 and may issue membership certificates. An association of 15 or 317 fewer parcel owners may enforce only the requirements of those 318 deed restrictions established prior to the purchase of each 319 parcel upon an affected parcel owner or owners. 320 (b) An association must ensure compliance with the Florida 321 Building Code. 322 1. As to a building for which the association is 323 responsible, which is four stories or more in height and located 324 within one-half mile radius of the Gulf of Mexico or Atlantic 325 coast shoreline of the state, once the building reaches 30 years 326 of age, and every 5 years thereafter, the board of 327 administration must have the building inspected by a licensed 328 architect or engineer authorized to practice in this state. 329 2. In accordance with the requirements of subsection (2), 330 the board of administration shall convene a board meeting within 331 21 days after the date of receipt of the inspection report to 332 vote on a plan to repair the building if the inspection report 333 indicates that repairs are needed. 334 3. Within 5 days after the date of receipt of the 335 inspection report, the board of administration shall: 336 a. Provide a copy of the report to the local authority 337 having jurisdiction; and 338 b. Make the report available for inspection by any parcel 339 owner as required under subsection (5). 340 4. The association shall maintain a copy of the inspection 341 report as part of the association’s official records in 342 accordance with subsection (5). 343 (4) OFFICIAL RECORDS.—The association shall maintain each 344 of the following items, when applicable, which constitute the 345 official records of the association: 346 (n) A copy of the inspection report as described in 347 paragraph (1)(b). 348 Section 7. Paragraph (u) is added to subsection (4) of 349 section 720.307, Florida Statutes, to read: 350 720.307 Transition of association control in a community. 351 With respect to homeowners’ associations: 352 (4) At the time the members are entitled to elect at least 353 a majority of the board of directors of the homeowners’ 354 association, the developer shall, at the developer’s expense, 355 within no more than 90 days deliver the following documents to 356 the board: 357 (u) If a building for which the association is responsible 358 requires an inspection under s. 720.303(1)(b) before a developer 359 relinquishes control of the association, the developer must 360 comply with s. 720.303(1)(b) and provide a copy of any such 361 inspection reports to the association when the developer 362 relinquishes control of the association. 363 Section 8. This act shall take effect July 1, 2022.