Florida 2022 Regular Session

Florida House Bill H0547 Compare Versions

Only one version of the bill is available at this time.

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3	3	HB 547 2022
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8	8	hb0547-00
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10	10	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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14	14	A bill to be entitled 1
15	15	An act relating to residential association board of 2
16	16	directors; amending s. 718.111, F.S.; conforming 3
17	17	provisions to changes made by the act; amending ss. 4
18	18	718.112, 719.106, and 720.3033, F.S.; revising 5
19	19	certification and education requirements for board 6
20	20	directors of residential condominium associations, 7
21	21	cooperative associations, and homeowners' 8
22	22	associations, respectively; conforming provisions to 9
23	23	changes made by the act; providing an effective date. 10
24	24	11
25	25	Be It Enacted by the Legislature of the State of Florida: 12
26	26	13
27	27	Section 1. Paragraph (g) of subsection (12) of section 14
28	28	718.111, Florida Statutes, is amended to read: 15
29	29	718.111 The association. — 16
30	30	(12) OFFICIAL RECORD S.— 17
31	31	(g)1. By January 1, 2019, an association managing a 18
32	32	condominium with 150 or more units which does not contain 19
33	33	timeshare units shall post digital copies of the documents 20
34	34	specified in subparagraph 2. on its website or make such 21
35	35	documents available thro ugh an application that can be 22
36	36	downloaded on a mobile device. 23
37	37	a. The association's website or application must be: 24
38	38	(I) An independent website, application, or web portal 25
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47	47	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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51	51	wholly owned and operated by the association; or 26
52	52	(II) A website, application, or web portal operated by a 27
53	53	third-party provider with whom the association owns, leases, 28
54	54	rents, or otherwise obtains the right to operate a web page, 29
55	55	subpage, web portal, collection of subpages or web portals, or 30
56	56	an application which is dedicated to the asso ciation's 31
57	57	activities and on which required notices, records, and documents 32
58	58	may be posted or made available by the association. 33
59	59	b. The association's website or application must be 34
60	60	accessible through the Internet and must contain a subpage, web 35
61	61	portal, or other protected electronic location that is 36
62	62	inaccessible to the general public and accessible only to unit 37
63	63	owners and employees of the association. 38
64	64	c. Upon a unit owner's written request, the association 39
65	65	must provide the unit owner with a username and pa ssword and 40
66	66	access to the protected sections of the association's website or 41
67	67	application which contain any notices, records, or documents 42
68	68	that must be electronically provided. 43
69	69	2. A current copy of the following documents must be 44
70	70	posted in digital format o n the association's website or 45
71	71	application: 46
72	72	a. The recorded declaration of condominium of each 47
73	73	condominium operated by the association and each amendment to 48
74	74	each declaration. 49
75	75	b. The recorded bylaws of the association and each 50
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84	84	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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86	86
87	87
88	88	amendment to the bylaws. 51
89	89	c. The articles of incorporation of the association, or 52
90	90	other documents creating the association, and each amendment to 53
91	91	the articles of incorporation or other documents. The copy 54
92	92	posted pursuant to this sub -subparagraph must be a copy of the 55
93	93	articles of incorporation filed with the Department of State. 56
94	94	d. The rules of the association. 57
95	95	e. A list of all executory contracts or documents to which 58
96	96	the association is a party or under which the association or the 59
97	97	unit owners have an obligation or responsibili ty and, after 60
98	98	bidding for the related materials, equipment, or services has 61
99	99	closed, a list of bids received by the association within the 62
100	100	past year. Summaries of bids for materials, equipment, or 63
101	101	services which exceed $500 must be maintained on the website or 64
102	102	application for 1 year. In lieu of summaries, complete copies of 65
103	103	the bids may be posted. 66
104	104	f. The annual budget required by s. 718.112(2)(f) and any 67
105	105	proposed budget to be considered at the annual meeting. 68
106	106	g. The financial report required by subsectio n (13) and 69
107	107	any monthly income or expense statement to be considered at a 70
108	108	meeting. 71
109	109	h. The affidavit and educational certificate certification 72
110	110	of each director required by s. 718.112(2)(d)4.b. 73
111	111	i. All contracts or transactions between the association 74
112	112	and any director, officer, corporation, firm, or association 75
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121	121	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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125	125	that is not an affiliated condominium association or any other 76
126	126	entity in which an association director is also a director or 77
127	127	officer and financially interested. 78
128	128	j. Any contract or document regardin g a conflict of 79
129	129	interest or possible conflict of interest as provided in ss. 80
130	130	468.436(2)(b)6. and 718.3027(3). 81
131	131	k. The notice of any unit owner meeting and the agenda for 82
132	132	the meeting, as required by s. 718.112(2)(d)3., no later than 14 83
133	133	days before the meet ing. The notice must be posted in plain view 84
134	134	on the front page of the website or application, or on a 85
135	135	separate subpage of the website or application labeled "Notices" 86
136	136	which is conspicuously visible and linked from the front page. 87
137	137	The association must also post on its website or application any 88
138	138	document to be considered and voted on by the owners during the 89
139	139	meeting or any document listed on the agenda at least 7 days 90
140	140	before the meeting at which the document or the information 91
141	141	within the document will be cons idered. 92
142	142	l. Notice of any board meeting, the agenda, and any other 93
143	143	document required for the meeting as required by s. 94
144	144	718.112(2)(c), which must be posted no later than the date 95
145	145	required for notice under s. 718.112(2)(c). 96
146	146	3. The association shall ensure that the information and 97
147	147	records described in paragraph (c), which are not allowed to be 98
148	148	accessible to unit owners, are not posted on the association's 99
149	149	website or application. If protected information or information 100
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158	158	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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160	160
161	161
162	162	restricted from being accessible to uni t owners is included in 101
163	163	documents that are required to be posted on the association's 102
164	164	website or application, the association shall ensure the 103
165	165	information is redacted before posting the documents. 104
166	166	Notwithstanding the foregoing, the association or its agent is 105
167	167	not liable for disclosing information that is protected or 106
168	168	restricted under this paragraph unless such disclosure was made 107
169	169	with a knowing or intentional disregard of the protected or 108
170	170	restricted nature of such information. 109
171	171	4. The failure of the associ ation to post information 110
172	172	required under subparagraph 2. is not in and of itself 111
173	173	sufficient to invalidate any action or decision of the 112
174	174	association's board or its committees. 113
175	175	Section 2. Paragraph (d) of subsection (2) of section 114
176	176	718.112, Florida Statut es, is amended to read: 115
177	177	718.112 Bylaws.— 116
178	178	(2) REQUIRED PROVISIONS. —The bylaws shall provide for the 117
179	179	following and, if they do not do so, shall be deemed to include 118
180	180	the following: 119
181	181	(d) Unit owner meetings. — 120
182	182	1. An annual meeting of the unit owners must be held at 121
183	183	the location provided in the association bylaws and, if the 122
184	184	bylaws are silent as to the location, the meeting must be held 123
185	185	within 45 miles of the condominium property. However, such 124
186	186	distance requirement does not apply to an association governin g 125
187	187
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195	195	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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197	197
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199	199	a timeshare condominium. 126
200	200	2. Unless the bylaws provide otherwise, a vacancy on the 127
201	201	board caused by the expiration of a director's term must be 128
202	202	filled by electing a new board member, and the election must be 129
203	203	by secret ballot. An election is not required if the number of 130
204	204	vacancies equals or exceeds the number of candidates. For 131
205	205	purposes of this paragraph, the term "candidate" means an 132
206	206	eligible person who has timely submitted the written notice, as 133
207	207	described in sub-subparagraph 4.a., of his or her intention to 134
208	208	become a candidate. Except in a timeshare or nonresidential 135
209	209	condominium, or if the staggered term of a board member does not 136
210	210	expire until a later annual meeting, or if all members' terms 137
211	211	would otherwise expire but there are no candidates, the terms of 138
212	212	all board members expire at the annual meeting, and such members 139
213	213	may stand for reelection unless prohibited by the bylaws. Board 140
214	214	members may serve terms longer than 1 year if permitted by the 141
215	215	bylaws or articles of incorporation. A board member may not 142
216	216	serve more than 8 consecutive years unless approved by an 143
217	217	affirmative vote of unit owners representing two -thirds of all 144
218	218	votes cast in the election or unless there are not enough 145
219	219	eligible candidates to fill the vacancies on the board at the 146
220	220	time of the vacancy. Only board service that occurs on or after 147
221	221	July 1, 2018, may be used when calculating a board member's term 148
222	222	limit. If the number of board members whose terms expire at the 149
223	223	annual meeting equals or exceeds the number of candidates, the 150
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232	232	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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236	236	candidates become members of the board effective upon the 151
237	237	adjournment of the annual meeting. Unless the bylaws provide 152
238	238	otherwise, any remaining vacancies shall be filled by the 153
239	239	affirmative vote of the majority of the directors making up the 154
240	240	newly constituted board even if th e directors constitute less 155
241	241	than a quorum or there is only one director. In a residential 156
242	242	condominium association of more than 10 units or in a 157
243	243	residential condominium association that does not include 158
244	244	timeshare units or timeshare interests, co -owners of a unit may 159
245	245	not serve as members of the board of directors at the same time 160
246	246	unless they own more than one unit or unless there are not 161
247	247	enough eligible candidates to fill the vacancies on the board at 162
248	248	the time of the vacancy. A unit owner in a residential 163
249	249	condominium desiring to be a candidate for board membership must 164
250	250	comply with sub-subparagraph 4.a. and must be eligible to be a 165
251	251	candidate to serve on the board of directors at the time of the 166
252	252	deadline for submitting a notice of intent to run in order to 167
253	253	have his or her name listed as a proper candidate on the ballot 168
254	254	or to serve on the board. A person who has been suspended or 169
255	255	removed by the division under this chapter, or who is delinquent 170
256	256	in the payment of any assessment due to the association, is not 171
257	257	eligible to be a candidate for board membership and may not be 172
258	258	listed on the ballot. For purposes of this paragraph, a person 173
259	259	is delinquent if a payment is not made by the due date as 174
260	260	specifically identified in the declaration of condominium, 175
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269	269	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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271	271
272	272
273	273	bylaws, or articles of incorporation. If a due date is not 176
274	274	specifically identified in the declaration of condominium, 177
275	275	bylaws, or articles of incorporation, the due date is the first 178
276	276	day of the assessment period. A person who has been convicted of 179
277	277	any felony in this state or i n a United States District or 180
278	278	Territorial Court, or who has been convicted of any offense in 181
279	279	another jurisdiction which would be considered a felony if 182
280	280	committed in this state, is not eligible for board membership 183
281	281	unless such felon's civil rights have been restored for at least 184
282	282	5 years as of the date such person seeks election to the board. 185
283	283	The validity of an action by the board is not affected if it is 186
284	284	later determined that a board member is ineligible for board 187
285	285	membership due to having been convicted of a felony. This 188
286	286	subparagraph does not limit the term of a member of the board of 189
287	287	a nonresidential or timeshare condominium. 190
288	288	3. The bylaws must provide the method of calling meetings 191
289	289	of unit owners, including annual meetings. Written notice of an 192
290	290	annual meeting must include an agenda; be mailed, hand 193
291	291	delivered, or electronically transmitted to each unit owner at 194
292	292	least 14 days before the annual meeting; and be posted in a 195
293	293	conspicuous place on the condominium property or association 196
294	294	property at least 14 contin uous days before the annual meeting. 197
295	295	Written notice of a meeting other than an annual meeting must 198
296	296	include an agenda; be mailed, hand delivered, or electronically 199
297	297	transmitted to each unit owner; and be posted in a conspicuous 200
298	298
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306	306	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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310	310	place on the condominium prope rty or association property within 201
311	311	the timeframe specified in the bylaws. If the bylaws do not 202
312	312	specify a timeframe for written notice of a meeting other than 203
313	313	an annual meeting, notice must be provided at least 14 204
314	314	continuous days before the meeting. Upon no tice to the unit 205
315	315	owners, the board shall, by duly adopted rule, designate a 206
316	316	specific location on the condominium property or association 207
317	317	property where all notices of unit owner meetings must be 208
318	318	posted. This requirement does not apply if there is no 209
319	319	condominium property for posting notices. In lieu of, or in 210
320	320	addition to, the physical posting of meeting notices, the 211
321	321	association may, by reasonable rule, adopt a procedure for 212
322	322	conspicuously posting and repeatedly broadcasting the notice and 213
323	323	the agenda on a clos ed-circuit cable television system serving 214
324	324	the condominium association. However, if broadcast notice is 215
325	325	used in lieu of a notice posted physically on the condominium 216
326	326	property, the notice and agenda must be broadcast at least four 217
327	327	times every broadcast hour of each day that a posted notice is 218
328	328	otherwise required under this section. If broadcast notice is 219
329	329	provided, the notice and agenda must be broadcast in a manner 220
330	330	and for a sufficient continuous length of time so as to allow an 221
331	331	average reader to observe the notice and read and comprehend the 222
332	332	entire content of the notice and the agenda. In addition to any 223
333	333	of the authorized means of providing notice of a meeting of the 224
334	334	board, the association may, by rule, adopt a procedure for 225
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343	343	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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347	347	conspicuously posting the meeting notice and the agenda on a 226
348	348	website serving the condominium association for at least the 227
349	349	minimum period of time for which a notice of a meeting is also 228
350	350	required to be physically posted on the condominium property. 229
351	351	Any rule adopted shall, in addition to othe r matters, include a 230
352	352	requirement that the association send an electronic notice in 231
353	353	the same manner as a notice for a meeting of the members, which 232
354	354	must include a hyperlink to the website where the notice is 233
355	355	posted, to unit owners whose e -mail addresses are included in 234
356	356	the association's official records. Unless a unit owner waives 235
357	357	in writing the right to receive notice of the annual meeting, 236
358	358	such notice must be hand delivered, mailed, or electronically 237
359	359	transmitted to each unit owner. Notice for meetings and notice 238
360	360	for all other purposes must be mailed to each unit owner at the 239
361	361	address last furnished to the association by the unit owner, or 240
362	362	hand delivered to each unit owner. However, if a unit is owned 241
363	363	by more than one person, the association must provide noti ce to 242
364	364	the address that the developer identifies for that purpose and 243
365	365	thereafter as one or more of the owners of the unit advise the 244
366	366	association in writing, or if no address is given or the owners 245
367	367	of the unit do not agree, to the address provided on the dee d of 246
368	368	record. An officer of the association, or the manager or other 247
369	369	person providing notice of the association meeting, must provide 248
370	370	an affidavit or United States Postal Service certificate of 249
371	371	mailing, to be included in the official records of the 250
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380	380	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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384	384	association affirming that the notice was mailed or hand 251
385	385	delivered in accordance with this provision. 252
386	386	4. The members of the board of a residential condominium 253
387	387	shall be elected by written ballot or voting machine. Proxies 254
388	388	may not be used in electing the board in general elections or 255
389	389	elections to fill vacancies caused by recall, resignation, or 256
390	390	otherwise, unless otherwise provided in this chapter. This 257
391	391	subparagraph does not apply to an association governing a 258
392	392	timeshare condominium. 259
393	393	a. At least 60 days before a sc heduled election, the 260
394	394	association shall mail, deliver, or electronically transmit, by 261
395	395	separate association mailing or included in another association 262
396	396	mailing, delivery, or transmission, including regularly 263
397	397	published newsletters, to each unit owner entitled to a vote, a 264
398	398	first notice of the date of the election. A unit owner or other 265
399	399	eligible person desiring to be a candidate for the board must 266
400	400	give written notice of his or her intent to be a candidate to 267
401	401	the association at least 40 days before a scheduled el ection. 268
402	402	Together with the written notice and agenda as set forth in 269
403	403	subparagraph 3., the association shall mail, deliver, or 270
404	404	electronically transmit a second notice of the election to all 271
405	405	unit owners entitled to vote, together with a ballot that lists 272
406	406	all candidates not less than 14 days or more than 34 days before 273
407	407	the date of the election. Upon request of a candidate, an 274
408	408	information sheet, no larger than 8 1/2 inches by 11 inches, 275
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417	417	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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421	421	which must be furnished by the candidate at least 35 days before 276
422	422	the election, must be included with the mailing, delivery, or 277
423	423	transmission of the ballot, with the costs of mailing, delivery, 278
424	424	or electronic transmission and copying to be borne by the 279
425	425	association. The association is not liable for the contents of 280
426	426	the information sheets prepared by the candidates. In order to 281
427	427	reduce costs, the association may print or duplicate the 282
428	428	information sheets on both sides of the paper. The division 283
429	429	shall by rule establish voting procedures consistent with this 284
430	430	sub-subparagraph, including rule s establishing procedures for 285
431	431	giving notice by electronic transmission and rules providing for 286
432	432	the secrecy of ballots. Elections shall be decided by a 287
433	433	plurality of ballots cast. There is no quorum requirement; 288
434	434	however, at least 20 percent of the eligible v oters must cast a 289
435	435	ballot in order to have a valid election. A unit owner may not 290
436	436	authorize any other person to vote his or her ballot, and any 291
437	437	ballots improperly cast are invalid. A unit owner who violates 292
438	438	this provision may be fined by the association in accordance 293
439	439	with s. 718.303. A unit owner who needs assistance in casting 294
440	440	the ballot for the reasons stated in s. 101.051 may obtain such 295
441	441	assistance. The regular election must occur on the date of the 296
442	442	annual meeting. Notwithstanding this sub -subparagraph, an 297
443	443	election is not required unless more candidates file notices of 298
444	444	intent to run or are nominated than board vacancies exist. 299
445	445	b. Within 90 days after being elected or appointed to the 300
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454	454	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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458	458	board of an association of a residential condominium, each newly 301
459	459	elected or appointed director shall do both of the following: 302
460	460	(I) Certify by affidavit in writing to the secretary of 303
461	461	the association that he or she has read the association's 304
462	462	declaration of condominium, articles of incorporation, bylaws, 305
463	463	and current written p olicies; that he or she will work to uphold 306
464	464	such documents and policies to the best of his or her ability; 307
465	465	and that he or she will faithfully discharge his or her 308
466	466	fiduciary responsibility to the association's members. In lieu 309
467	467	of this written certification, within 90 days after being 310
468	468	elected or appointed to the board, the newly elected or 311
469	469	appointed director may 312
470	470	(II) Submit to the secretary of the association a 313
471	471	certificate of having satisfactorily completed the educational 314
472	472	curriculum administered by a divis ion-approved condominium 315
473	473	education provider within 1 year before or 90 days after the 316
474	474	date of election or appointment. 317
475	475	318
476	476	The affidavit and written certification or educational 319
477	477	certificate are is valid and do does not have to be resubmitted 320
478	478	as long as the director serves on the board without 321
479	479	interruption. A director of an association of a residential 322
480	480	condominium who fails to timely file the affidavit and written 323
481	481	certification or educational certificate is suspended from 324
482	482	service on the board until he or she co mplies with this sub -325
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491	491	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
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495	495	subparagraph. The board may temporarily fill the vacancy during 326
496	496	the period of suspension. The secretary shall cause the 327
497	497	association must to retain a director's affidavit and written 328
498	498	certification or educational certificate for inspecti on by the 329
499	499	members for 5 years after a director's election or the duration 330
500	500	of the director's uninterrupted tenure, whichever is longer. 331
501	501	Failure to have such affidavit and written certification or 332
502	502	educational certificate on file does not affect the validity of 333
503	503	any board action. 334
504	504	c. Any challenge to the election process must be commenced 335
505	505	within 60 days after the election results are announced. 336
506	506	5. Any approval by unit owners called for by this chapter 337
507	507	or the applicable declaration or bylaws, including, but n ot 338
508	508	limited to, the approval requirement in s. 718.111(8), must be 339
509	509	made at a duly noticed meeting of unit owners and is subject to 340
510	510	all requirements of this chapter or the applicable condominium 341
511	511	documents relating to unit owner decisionmaking, except that 342
512	512	unit owners may take action by written agreement, without 343
513	513	meetings, on matters for which action by written agreement 344
514	514	without meetings is expressly allowed by the applicable bylaws 345
515	515	or declaration or any law that provides for such action. 346
516	516	6. Unit owners may waive notice of specific meetings if 347
517	517	allowed by the applicable bylaws or declaration or any law. 348
518	518	Notice of meetings of the board of administration, unit owner 349
519	519	meetings, except unit owner meetings called to recall board 350
520	520
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528	528	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
529	529
530	530
531	531
532	532	members under paragraph (j), and comm ittee meetings may be given 351
533	533	by electronic transmission to unit owners who consent to receive 352
534	534	notice by electronic transmission. A unit owner who consents to 353
535	535	receiving notices by electronic transmission is solely 354
536	536	responsible for removing or bypassing filter s that block receipt 355
537	537	of mass e-mails sent to members on behalf of the association in 356
538	538	the course of giving electronic notices. 357
539	539	7. Unit owners have the right to participate in meetings 358
540	540	of unit owners with reference to all designated agenda items. 359
541	541	However, the association may adopt reasonable rules governing 360
542	542	the frequency, duration, and manner of unit owner participation. 361
543	543	8. A unit owner may tape record or videotape a meeting of 362
544	544	the unit owners subject to reasonable rules adopted by the 363
545	545	division. 364
546	546	9. Unless otherwise provided in the bylaws, any vacancy 365
547	547	occurring on the board before the expiration of a term may be 366
548	548	filled by the affirmative vote of the majority of the remaining 367
549	549	directors, even if the remaining directors constitute less than 368
550	550	a quorum, or by the sole remaining director. In the alternative, 369
551	551	a board may hold an election to fill the vacancy, in which case 370
552	552	the election procedures must conform to sub -subparagraph 4.a. 371
553	553	unless the association governs 10 units or fewer and has opted 372
554	554	out of the statutory election process, in which case the bylaws 373
555	555	of the association control. Unless otherwise provided in the 374
556	556	bylaws, a board member appointed or elected under this section 375
557	557
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565	565	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
566	566
567	567
568	568
569	569	shall fill the vacancy for the unexpired term of the seat being 376
570	570	filled. Filling vacanci es created by recall is governed by 377
571	571	paragraph (j) and rules adopted by the division. 378
572	572	10. This chapter does not limit the use of general or 379
573	573	limited proxies, require the use of general or limited proxies, 380
574	574	or require the use of a written ballot or voting ma chine for any 381
575	575	agenda item or election at any meeting of a timeshare 382
576	576	condominium association or nonresidential condominium 383
577	577	association. 384
578	578	385
579	579	Notwithstanding subparagraph (b)2. and sub -subparagraph 4.a., an 386
580	580	association of 10 or fewer units may, by affirmative vo te of a 387
581	581	majority of the total voting interests, provide for different 388
582	582	voting and election procedures in its bylaws, which may be by a 389
583	583	proxy specifically delineating the different voting and election 390
584	584	procedures. The different voting and election procedures may 391
585	585	provide for elections to be conducted by limited or general 392
586	586	proxy. 393
587	587	Section 3. Paragraph (d) of subsection (1) of section 394
588	588	719.106, Florida Statutes, is amended to read: 395
589	589	719.106 Bylaws; cooperative ownership. — 396
590	590	(1) MANDATORY PROVISIONS. —The bylaws or other cooperative 397
591	591	documents shall provide for the following, and if they do not, 398
592	592	they shall be deemed to include the following: 399
593	593	(d) Shareholder meetings. —There shall be an annual meeting 400
594	594
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602	602	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
603	603
604	604
605	605
606	606	of the shareholders. All members of the board of administration 401
607	607	shall be elected at the annual meeting unless the bylaws provide 402
608	608	for staggered election terms or for their election at another 403
609	609	meeting. Any unit owner desiring to be a candidate for board 404
610	610	membership must comply with subparagraph 1. The bylaws must 405
611	611	provide the method for calling meetings, including annual 406
612	612	meetings. Written notice, which must incorporate an 407
613	613	identification of agenda items, shall be given to each unit 408
614	614	owner at least 14 days before the annual meeting and posted in a 409
615	615	conspicuous place on the coo perative property at least 14 410
616	616	continuous days preceding the annual meeting. Upon notice to the 411
617	617	unit owners, the board must by duly adopted rule designate a 412
618	618	specific location on the cooperative property upon which all 413
619	619	notice of unit owner meetings are poste d. In lieu of or in 414
620	620	addition to the physical posting of the meeting notice, the 415
621	621	association may, by reasonable rule, adopt a procedure for 416
622	622	conspicuously posting and repeatedly broadcasting the notice and 417
623	623	the agenda on a closed -circuit cable television syst em serving 418
624	624	the cooperative association. However, if broadcast notice is 419
625	625	used in lieu of a posted notice, the notice and agenda must be 420
626	626	broadcast at least four times every broadcast hour of each day 421
627	627	that a posted notice is otherwise required under this sect ion. 422
628	628	If broadcast notice is provided, the notice and agenda must be 423
629	629	broadcast in a manner and for a sufficient continuous length of 424
630	630	time to allow an average reader to observe the notice and read 425
631	631
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639	639	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
640	640
641	641
642	642
643	643	and comprehend the entire content of the notice and the agend a. 426
644	644	In addition to any of the authorized means of providing notice 427
645	645	of a meeting of the shareholders, the association may, by rule, 428
646	646	adopt a procedure for conspicuously posting the meeting notice 429
647	647	and the agenda on a website serving the cooperative association 430
648	648	for at least the minimum period of time for which a notice of a 431
649	649	meeting is also required to be physically posted on the 432
650	650	cooperative property. Any rule adopted shall, in addition to 433
651	651	other matters, include a requirement that the association send 434
652	652	an electronic notice in the same manner as a notice for a 435
653	653	meeting of the members, which must include a hyperlink to the 436
654	654	website where the notice is posted, to unit owners whose e -mail 437
655	655	addresses are included in the association's official records. 438
656	656	Unless a unit owner w aives in writing the right to receive 439
657	657	notice of the annual meeting, the notice of the annual meeting 440
658	658	must be sent by mail, hand delivered, or electronically 441
659	659	transmitted to each unit owner. An officer of the association 442
660	660	must provide an affidavit or United S tates Postal Service 443
661	661	certificate of mailing, to be included in the official records 444
662	662	of the association, affirming that notices of the association 445
663	663	meeting were mailed, hand delivered, or electronically 446
664	664	transmitted, in accordance with this provision, to each unit 447
665	665	owner at the address last furnished to the association. 448
666	666	1. The board of administration shall be elected by written 449
667	667	ballot or voting machine. A proxy may not be used in electing 450
668	668
669	669	HB 547 2022
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676	676	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
677	677
678	678
679	679
680	680	the board of administration in general elections or elections to 451
681	681	fill vacancies caused by recall, resignation, or otherwise 452
682	682	unless otherwise provided in this chapter. 453
683	683	a. At least 60 days before a scheduled election, the 454
684	684	association shall mail, deliver, or transmit, whether by 455
685	685	separate association mailing, delivery, or elect ronic 456
686	686	transmission or included in another association mailing, 457
687	687	delivery, or electronic transmission, including regularly 458
688	688	published newsletters, to each unit owner entitled to vote, a 459
689	689	first notice of the date of the election. Any unit owner or 460
690	690	other eligible person desiring to be a candidate for the board 461
691	691	of administration must give written notice to the association at 462
692	692	least 40 days before a scheduled election. Together with the 463
693	693	written notice and agenda as set forth in this section, the 464
694	694	association shall ma il, deliver, or electronically transmit a 465
695	695	second notice of election to all unit owners entitled to vote, 466
696	696	together with a ballot that lists all candidates. Upon request 467
697	697	of a candidate, the association shall include an information 468
698	698	sheet, no larger than 8 1/2 inches by 11 inches, which must be 469
699	699	furnished by the candidate at least 35 days before the election, 470
700	700	to be included with the mailing, delivery, or electronic 471
701	701	transmission of the ballot, with the costs of mailing, delivery, 472
702	702	or transmission and copying to be borne by the association. The 473
703	703	association is not liable for the contents of the information 474
704	704	sheets provided by the candidates. In order to reduce costs, the 475
705	705
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713	713	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
714	714
715	715
716	716
717	717	association may print or duplicate the information sheets on 476
718	718	both sides of the paper. The division shall by rule establish 477
719	719	voting procedures consistent with this subparagraph, including 478
720	720	rules establishing procedures for giving notice by electronic 479
721	721	transmission and rules providing for the secrecy of ballots. 480
722	722	Elections shall be decided by a plurality of those ballots cast. 481
723	723	There is no quorum requirement. However, at least 20 percent of 482
724	724	the eligible voters must cast a ballot in order to have a valid 483
725	725	election. A unit owner may not permit any other person to vote 484
726	726	his or her ballot, and any such ballots impro perly cast are 485
727	727	invalid. A unit owner who needs assistance in casting the ballot 486
728	728	for the reasons stated in s. 101.051 may obtain assistance in 487
729	729	casting the ballot. Any unit owner violating this provision may 488
730	730	be fined by the association in accordance with s. 719.303. The 489
731	731	regular election must occur on the date of the annual meeting. 490
732	732	This subparagraph does not apply to timeshare cooperatives. 491
733	733	Notwithstanding this subparagraph, an election and balloting are 492
734	734	not required unless more candidates file a notice of in tent to 493
735	735	run or are nominated than vacancies exist on the board. Any 494
736	736	challenge to the election process must be commenced within 60 495
737	737	days after the election results are announced. 496
738	738	b. Within 90 days after being elected or appointed to the 497
739	739	board, each new director shall do both of the following: 498
740	740	(I) Certify by affidavit in writing to the secretary of 499
741	741	the association that he or she has read the association's 500
742	742
743	743	HB 547 2022
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745	745
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750	750	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
751	751
752	752
753	753
754	754	bylaws, articles of incorporation, proprietary lease, and 501
755	755	current written policies; that he or she wil l work to uphold 502
756	756	such documents and policies to the best of his or her ability; 503
757	757	and that he or she will faithfully discharge his or her 504
758	758	fiduciary responsibility to the association's members. Within 90 505
759	759	days after being elected or appointed to the board, in lieu of 506
760	760	this written certification, the newly elected or appointed 507
761	761	director may 508
762	762	(II) Submit to the secretary of the association a 509
763	763	certificate of having satisfactorily completed the educational 510
764	764	curriculum administered by an education provider as approved by 511
765	765	the division pursuant to the requirements established in chapter 512
766	766	718 within 1 year before or 90 days after the date of election 513
767	767	or appointment. 514
768	768	515
769	769	The affidavit and educational certificate are is valid and do 516
770	770	does not have to be resubmitted as long as the director serves 517
771	771	on the board without interruption. A director who fails to 518
772	772	timely file the affidavit and written certification or 519
773	773	educational certificate is suspended from service on the board 520
774	774	until he or she comp lies with this sub-subparagraph. The board 521
775	775	may temporarily fill the vacancy during the period of 522
776	776	suspension. The secretary of the association must shall cause 523
777	777	the association to retain a director's affidavit and written 524
778	778	certification or educational certificate for inspection by the 525
779	779
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787	787	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
788	788
789	789
790	790
791	791	members for 5 years after a director's election or the duration 526
792	792	of the director's uninterrupted tenure, whichever is longer. 527
793	793	Failure to have such affidavit and written certification or 528
794	794	educational certificate on file does not aff ect the validity of 529
795	795	any board action. 530
796	796	2. Any approval by unit owners called for by this chapter, 531
797	797	or the applicable cooperative documents, must be made at a duly 532
798	798	noticed meeting of unit owners and is subject to this chapter or 533
799	799	the applicable cooperative d ocuments relating to unit owner 534
800	800	decisionmaking, except that unit owners may take action by 535
801	801	written agreement, without meetings, on matters for which action 536
802	802	by written agreement without meetings is expressly allowed by 537
803	803	the applicable cooperative documents o r law which provides for 538
804	804	the unit owner action. 539
805	805	3. Unit owners may waive notice of specific meetings if 540
806	806	allowed by the applicable cooperative documents or law. Notice 541
807	807	of meetings of the board of administration, shareholder 542
808	808	meetings, except shareholder me etings called to recall board 543
809	809	members under paragraph (f), and committee meetings may be given 544
810	810	by electronic transmission to unit owners who consent to receive 545
811	811	notice by electronic transmission. A unit owner who consents to 546
812	812	receiving notices by electronic transmission is solely 547
813	813	responsible for removing or bypassing filters that may block 548
814	814	receipt of mass emails sent to members on behalf of the 549
815	815	association in the course of giving electronic notices. 550
816	816
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824	824	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
825	825
826	826
827	827
828	828	4. Unit owners have the right to participate in meetings 551
829	829	of unit owners with reference to all designated agenda items. 552
830	830	However, the association may adopt reasonable rules governing 553
831	831	the frequency, duration, and manner of unit owner participation. 554
832	832	5. Any unit owner may tape record or videotape meetings of 555
833	833	the unit owners subject to reasonable rules adopted by the 556
834	834	division. 557
835	835	6. Unless otherwise provided in the bylaws, a vacancy 558
836	836	occurring on the board before the expiration of a term may be 559
837	837	filled by the affirmative vote of the majority of the remaining 560
838	838	directors, even if the remaining directors constitute less than 561
839	839	a quorum, or by the sole remaining director. In the alternative, 562
840	840	a board may hold an election to fill the vacancy, in which case 563
841	841	the election procedures must conform to the requirements of 564
842	842	subparagraph 1. unless the association has opted out of the 565
843	843	statutory election process, in which case the bylaws of the 566
844	844	association control. Unless otherwise provided in the bylaws, a 567
845	845	board member appointed or elected under this subparagraph shall 568
846	846	fill the vacancy for th e unexpired term of the seat being 569
847	847	filled. Filling vacancies created by recall is governed by 570
848	848	paragraph (f) and rules adopted by the division. 571
849	849	572
850	850	Notwithstanding subparagraphs (b)2. and (d)1., an association 573
851	851	may, by the affirmative vote of a majority of the total voting 574
852	852	interests, provide for a different voting and election procedure 575
853	853
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861	861	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
862	862
863	863
864	864
865	865	in its bylaws, which vote may be by a proxy specifically 576
866	866	delineating the different voting and election procedures. The 577
867	867	different voting and election procedures may provide for 578
868	868	elections to be conducted by limited or general proxy. 579
869	869	Section 4. Subsection (1) of section 720.3033, Florida 580
870	870	Statutes, is amended to read: 581
871	871	720.3033 Officers and directors. — 582
872	872	(1)(a) Within 90 days after being elected or appointed to 583
873	873	the board of a homeowners' association with at least 10 parcels , 584
874	874	each director shall do both of the following: 585
875	875	1. Certify by affidavit in writing to the secretary of the 586
876	876	association that he or she has read the association's 587
877	877	declaration of covenants, articles of incorporat ion, bylaws, and 588
878	878	current written rules and policies; that he or she will work to 589
879	879	uphold such documents and policies to the best of his or her 590
880	880	ability; and that he or she will faithfully discharge his or her 591
881	881	fiduciary responsibility to the association's mem bers. Within 90 592
882	882	days after being elected or appointed to the board, in lieu of 593
883	883	such written certification, the newly elected or appointed 594
884	884	director may 595
885	885	2. Submit to the secretary of the association a 596
886	886	certificate of having satisfactorily completed the educ ational 597
887	887	curriculum administered by a division -approved education 598
888	888	provider within 1 year before or 90 days after the date of 599
889	889	election or appointment. 600
890	890
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898	898	F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
899	899
900	900
901	901
902	902	(b) The affidavit and written certification or educational 601
903	903	certificate are is valid and do not have to be resubmitted for 602
904	904	the uninterrupted tenure of the director on the board. A 603
905	905	director who does not timely file the affidavit and written 604
906	906	certification or educational certificate is shall be suspended 605
907	907	from the board until he or she complies with the requiremen t. 606
908	908	The board may temporarily fill the vacancy during the period of 607
909	909	suspension. 608
910	910	(c) The association must shall retain each director's 609
911	911	affidavit and written certification or educational certificate 610
912	912	for inspection by the members for 5 years after the direct or's 611
913	913	election. However, the failure to have the affidavit and written 612
914	914	certification or educational certificate on file does not affect 613
915	915	the validity of any board action. 614
916	916	Section 5. This act shall take effect July 1, 2022. 615