Florida 2022 Regular Session

Florida House Bill H1391 Compare Versions

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

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3	3	HB 1391 2022
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7	7	CODING: Words stricken are deletions; words underlined are additions.
8	8	hb1391-00
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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 community associations' building 2
16	16	inspections; amending ss. 718.112, 719.106, and 3
17	17	720.303, F.S.; requiring certain buildings to be 4
18	18	inspected upon the building reaching 30 years of age 5
19	19	and every 5 years thereafter; requiring the inspection 6
20	20	be completed by a specified architect or engineer; 7
21	21	requiring the boards of the respective community 8
22	22	associations to convene within a specified time after 9
23	23	receipt of the inspection report for a specified 10
24	24	purpose; requiring the associations to provide a copy 11
25	25	of the inspection report to the local authority having 12
26	26	jurisdiction and to make the report available for 13
27	27	inspection by its members within a specified time; 14
28	28	requiring a copy of the inspection report be 15
29	29	maintained in the associations' official records; 16
30	30	amending ss. 718.111 and 719.104, F.S.; requiring a 17
31	31	specified inspection report be maintained as an 18
32	32	official record of the association; amending ss. 19
33	33	718.301 and 720.307, F.S.; requiring a developer to 20
34	34	comply with certain building inspection requirements 21
35	35	and to provide a specified inspection report upon the 22
36	36	transition of association control under certain 23
37	37	circumstances; providing an effective date. 24
38	38	25
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40	40	HB 1391 2022
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44	44	CODING: Words stricken are deletions; words underlined are additions.
45	45	hb1391-00
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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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49	49
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51	51	Be It Enacted by the Legislature of the State of Florida: 26
52	52	27
53	53	Section 1. Paragraph (a) of subsection (12) of section 28
54	54	718.111, Florida Statutes, is amended to read: 29
55	55	718.111 The association. — 30
56	56	(12) OFFICIAL RECORDS. — 31
57	57	(a) From the inception of the association, the a ssociation 32
58	58	shall maintain each of the following items, if applicable, which 33
59	59	constitutes the official records of the association: 34
60	60	1. A copy of the plans, permits, warranties, and other 35
61	61	items provided by the developer under s. 718.301(4). 36
62	62	2. A photocopy of the recorded declaration of condominium 37
63	63	of each condominium operated by the association and each 38
64	64	amendment to each declaration. 39
65	65	3. A photocopy of the recorded bylaws of the association 40
66	66	and each amendment to the bylaws. 41
67	67	4. A certified copy of the art icles of incorporation of 42
68	68	the association, or other documents creating the association, 43
69	69	and each amendment thereto. 44
70	70	5. A copy of the current rules of the association. 45
71	71	6. A book or books that contain the minutes of all 46
72	72	meetings of the association, the b oard of administration, and 47
73	73	the unit owners. 48
74	74	7. A current roster of all unit owners and their mailing 49
75	75	addresses, unit identifications, voting certifications, and, if 50
76	76
77	77	HB 1391 2022
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79	79
80	80
81	81	CODING: Words stricken are deletions; words underlined are additions.
82	82	hb1391-00
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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
85	85
86	86
87	87
88	88	known, telephone numbers. The association shall also maintain 51
89	89	the e-mail addresses and f acsimile numbers of unit owners 52
90	90	consenting to receive notice by electronic transmission. The e -53
91	91	mail addresses and facsimile numbers are not accessible to unit 54
92	92	owners if consent to receive notice by electronic transmission 55
93	93	is not provided in accordance with sub-subparagraph (c)3.e. 56
94	94	However, the association is not liable for an inadvertent 57
95	95	disclosure of the e-mail address or facsimile number for 58
96	96	receiving electronic transmission of notices. 59
97	97	8. All current insurance policies of the association and 60
98	98	condominiums operated by the association. 61
99	99	9. A current copy of any management agreement, lease, or 62
100	100	other contract to which the association is a party or under 63
101	101	which the association or the unit owners have an obligation or 64
102	102	responsibility. 65
103	103	10. Bills of sale or transfer for all property owned by 66
104	104	the association. 67
105	105	11. Accounting records for the association and separate 68
106	106	accounting records for each condominium that the association 69
107	107	operates. Any person who knowingly or intentionally defaces or 70
108	108	destroys such records, or who knowingly or intentionally fails 71
109	109	to create or maintain such records, with the intent of causing 72
110	110	harm to the association or one or more of its members, is 73
111	111	personally subject to a civil penalty pursuant to s. 74
112	112	718.501(1)(d). The accounting records mus t include, but are not 75
113	113
114	114	HB 1391 2022
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118	118	CODING: Words stricken are deletions; words underlined are additions.
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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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123	123
124	124
125	125	limited to: 76
126	126	a. Accurate, itemized, and detailed records of all 77
127	127	receipts and expenditures. 78
128	128	b. A current account and a monthly, bimonthly, or 79
129	129	quarterly statement of the account for each unit designating the 80
130	130	name of the unit owner, the due date and amount of each 81
131	131	assessment, the amount paid on the account, and the balance due. 82
132	132	c. All audits, reviews, accounting statements, and 83
133	133	financial reports of the association or condominium. 84
134	134	d. All contracts for work to be performed. Bids for work 85
135	135	to be performed are also considered official records and must be 86
136	136	maintained by the association for at least 1 year after receipt 87
137	137	of the bid. 88
138	138	12. Ballots, sign-in sheets, voting proxies, and all other 89
139	139	papers and electronic records relating to voting by unit owners, 90
140	140	which must be maintained for 1 year from the date of the 91
141	141	election, vote, or meeting to which the document relates, 92
142	142	notwithstanding paragraph (b). 93
143	143	13. All rental records if the association is acting as 94
144	144	agent for the rental of condominium units. 95
145	145	14. A copy of the current question and answer sheet as 96
146	146	described in s. 718.504. 97
147	147	15. A copy of the inspection reports report as described 98
148	148	in ss. 718.112(2)(p) and 718.301(4)(p) s. 718.301(4)(p). 99
149	149	16. Bids for materials, equipment, or services. 100
150	150
151	151	HB 1391 2022
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155	155	CODING: Words stricken are deletions; words underlined are additions.
156	156	hb1391-00
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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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161	161
162	162	17. All affirmative acknowledgments made pursuant to s. 101
163	163	718.121(4)(c). 102
164	164	18. All other written records of the association not 103
165	165	specifically included in the foregoing which are related to the 104
166	166	operation of the association. 105
167	167	Section 2. Paragraph (p) is add ed to subsection (2) of 106
168	168	section 718.112, Florida Statutes, to read: 107
169	169	718.112 Bylaws.— 108
170	170	(2) REQUIRED PROVISIONS. —The bylaws shall provide for the 109
171	171	following and, if they do not do so, shall be deemed to include 110
172	172	the following: 111
173	173	(p) Building inspections. —An association must ensure 112
174	174	compliance with the Florida Building Code. 113
175	175	1. As to a residential condominium building that is four 114
176	176	stories or more in height and located within one -half mile 115
177	177	radius of the Gulf of Mexico or Atlantic coast shoreline of the 116
178	178	state, once the building reaches 30 years of age, and every 5 117
179	179	years thereafter, the board must have the condominium building 118
180	180	inspected by a licensed architect or engineer authorized to 119
181	181	practice in this state. 120
182	182	2. In accordance with the requirements of paragraph (c), 121
183	183	the board shall convene a board meeting within 21 days after the 122
184	184	date of receipt of the inspection report to vote on a plan to 123
185	185	repair the condominium building if the inspection report 124
186	186	indicates that repairs are needed. 125
187	187
188	188	HB 1391 2022
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190	190
191	191
192	192	CODING: Words stricken are deletions; words underlined are additions.
193	193	hb1391-00
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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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199	199	3. Within 5 days after the da te of receipt of the 126
200	200	inspection report, the board shall: 127
201	201	a. Provide a copy of the report to the local authority 128
202	202	having jurisdiction. 129
203	203	b. Make the report available for inspection by an 130
204	204	association member or an authorized representative of such 131
205	205	member as required under s. 718.111(12). 132
206	206	4. The association shall maintain a copy of the inspection 133
207	207	report as part of the association's official records in 134
208	208	accordance with s. 718.111(12). 135
209	209	Section 3. Paragraph (p) of subsection (4) of section 136
210	210	718.301, Florida Statutes, is amended to read: 137
211	211	718.301 Transfer of association control; claims of defect 138
212	212	by association.— 139
213	213	(4) At the time that unit owners other than the developer 140
214	214	elect a majority of the members of the board of administration 141
215	215	of an association, the deve loper shall relinquish control of the 142
216	216	association, and the unit owners shall accept control. 143
217	217	Simultaneously, or for the purposes of paragraph (c) not more 144
218	218	than 90 days thereafter, the developer shall deliver to the 145
219	219	association, at the developer's expense, all property of the 146
220	220	unit owners and of the association which is held or controlled 147
221	221	by the developer, including, but not limited to, the following 148
222	222	items, if applicable, as to each condominium operated by the 149
223	223	association: 150
224	224
225	225	HB 1391 2022
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228	228
229	229	CODING: Words stricken are deletions; words underlined are additions.
230	230	hb1391-00
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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	(p)1. A report included in the off icial records, under 151
237	237	seal of an architect or engineer authorized to practice in this 152
238	238	state, attesting to required maintenance, useful life, and 153
239	239	replacement costs of the following applicable common elements 154
240	240	comprising a turnover inspection report: 155
241	241	a.1. Roof. 156
242	242	b.2. Structure. 157
243	243	c.3. Fireproofing and fire protection systems. 158
244	244	d.4. Elevators. 159
245	245	e.5. Heating and cooling systems. 160
246	246	f.6. Plumbing. 161
247	247	g.7. Electrical systems. 162
248	248	h.8. Swimming pool or spa and equipment. 163
249	249	i.9. Seawalls. 164
250	250	j.10. Pavement and parking areas. 165
251	251	k.11. Drainage systems. 166
252	252	l.12. Painting. 167
253	253	m.13. Irrigation systems. 168
254	254	2. If a residential condominium building requires an 169
255	255	inspection under s. 718.112(2)(p) before a developer 170
256	256	relinquishes control of the association, the d eveloper must 171
257	257	comply with s. 718.112(2)(p) and provide a copy of any 172
258	258	inspection reports generated to the association when the 173
259	259	developer relinquishes control. 174
260	260	Section 4. Paragraph (a) of subsection (2) of section 175
261	261
262	262	HB 1391 2022
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265	265
266	266	CODING: Words stricken are deletions; words underlined are additions.
267	267	hb1391-00
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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	719.104, Florida Statutes, is amended to read: 176
274	274	719.104 Cooperatives; access to units; records; financial 177
275	275	reports; assessments; purchase of leases. — 178
276	276	(2) OFFICIAL RECORDS. — 179
277	277	(a) From the inception of the association, the association 180
278	278	shall maintain a copy of each of the following, where 181
279	279	applicable, which shall constitute the official records of the 182
280	280	association: 183
281	281	1. The plans, permits, warranties, and other items 184
282	282	provided by the developer pursuant to s. 719.301(4). 185
283	283	2. A photocopy of the cooperative documents. 186
284	284	3. A copy of the current rules of the association. 187
285	285	4. A book or books containing the minutes of all meetings 188
286	286	of the association, of the board of directors, and of the unit 189
287	287	owners. 190
288	288	5. A current roster of all unit owners and their mailing 191
289	289	addresses, unit identifications, voting certif ications, and, if 192
290	290	known, telephone numbers. The association shall also maintain 193
291	291	the e-mail addresses and the numbers designated by unit owners 194
292	292	for receiving notice sent by electronic transmission of those 195
293	293	unit owners consenting to receive notice by electro nic 196
294	294	transmission. The e-mail addresses and numbers provided by unit 197
295	295	owners to receive notice by electronic transmission shall be 198
296	296	removed from association records when consent to receive notice 199
297	297	by electronic transmission is revoked. However, the association 200
298	298
299	299	HB 1391 2022
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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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308	308
309	309
310	310	is not liable for an erroneous disclosure of the e -mail address 201
311	311	or the number for receiving electronic transmission of notices. 202
312	312	6. All current insurance policies of the association. 203
313	313	7. A current copy of any management agreement, lease, or 204
314	314	other contract to which the association is a party or under 205
315	315	which the association or the unit owners have an obligation or 206
316	316	responsibility. 207
317	317	8. Bills of sale or transfer for all property owned by the 208
318	318	association. 209
319	319	9. Accounting records for the association and separat e 210
320	320	accounting records for each unit it operates, according to good 211
321	321	accounting practices. The accounting records shall include, but 212
322	322	not be limited to: 213
323	323	a. Accurate, itemized, and detailed records of all 214
324	324	receipts and expenditures. 215
325	325	b. A current account and a monthly, bimonthly, or 216
326	326	quarterly statement of the account for each unit designating the 217
327	327	name of the unit owner, the due date and amount of each 218
328	328	assessment, the amount paid upon the account, and the balance 219
329	329	due. 220
330	330	c. All audits, reviews, accounting statem ents, and 221
331	331	financial reports of the association. 222
332	332	d. All contracts for work to be performed. Bids for work 223
333	333	to be performed shall also be considered official records and 224
334	334	shall be maintained for a period of 1 year. 225
335	335
336	336	HB 1391 2022
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340	340	CODING: Words stricken are deletions; words underlined are additions.
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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	10. Ballots, sign-in sheets, voting proxies, and all other 226
348	348	papers and electronic records relating to voting by unit owners, 227
349	349	which shall be maintained for a period of 1 year after the date 228
350	350	of the election, vote, or meeting to which the document relates. 229
351	351	11. All rental records where the asso ciation is acting as 230
352	352	agent for the rental of units. 231
353	353	12. A copy of the current question and answer sheet as 232
354	354	described in s. 719.504. 233
355	355	13. All affirmative acknowledgments made pursuant to s. 234
356	356	719.108(3)(b)3. 235
357	357	14. A copy of the inspection report as describ ed in s. 236
358	358	719.106(1)(n). 237
359	359	15.14. All other written records of the association not 238
360	360	specifically included in the foregoing which are related to the 239
361	361	operation of the association. 240
362	362	Section 5. Paragraph (n) is added to subsection (1) of 241
363	363	section 719.106, Florida Statutes, to read: 242
364	364	719.106 Bylaws; cooperative ownership. — 243
365	365	(1) MANDATORY PROVISIONS. —The bylaws or other cooperative 244
366	366	documents shall provide for the following, and if they do not, 245
367	367	they shall be deemed to include the following: 246
368	368	(n) Building inspections.—An association must ensure 247
369	369	compliance with the Florida Building Code. 248
370	370	1. As to a residential cooperative building that is four 249
371	371	stories or more in height and located within one -half mile 250
372	372
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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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382	382
383	383
384	384	radius of the Gulf of Mexico or Atlantic coast shoreline of the 251
385	385	state, once the building reaches 30 years of age, and every 5 252
386	386	years thereafter, the board of administration must have the 253
387	387	building inspected by a licensed architect or engineer 254
388	388	authorized to practice in this state. 255
389	389	2. In accordance with the requir ements of paragraph (c), 256
390	390	the board of administration shall convene a board meeting within 257
391	391	21 days after the date of receipt of the inspection report to 258
392	392	vote on a plan to repair the cooperative building if the 259
393	393	inspection report indicates that repairs are ne eded. 260
394	394	3. Within 5 days after the date of receipt of the 261
395	395	inspection report, the board of administration shall: 262
396	396	a. Provide a copy of the report to the local authority 263
397	397	having jurisdiction. 264
398	398	b. Make the report available for inspection by an 265
399	399	association member or an authorized representative of such 266
400	400	member as required under s. 719.104(2). 267
401	401	4. The association shall maintain a copy of the inspection 268
402	402	report as part of the association's official records in 269
403	403	accordance with s. 719.104(2). 270
404	404	Section 6. Paragrap h (n) of subsection (4) of section 271
405	405	720.303, Florida Statutes, is redesignated as paragraph (o), 272
406	406	subsection (1) is amended, and a new paragraph (n) is added to 273
407	407	subsection (4) of that section, to read: 274
408	408	720.303 Association powers and duties; meetings of boa rd; 275
409	409
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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	official records; budgets; financial reporting; association 276
422	422	funds; recalls.— 277
423	423	(1) POWERS AND DUTIES. — 278
424	424	(a) An association which operates a community as defined 279
425	425	in s. 720.301, must be operated by an association that is a 280
426	426	Florida corporation. After Oct ober 1, 1995, the association must 281
427	427	be incorporated and the initial governing documents must be 282
428	428	recorded in the official records of the county in which the 283
429	429	community is located. An association may operate more than one 284
430	430	community. The officers and directors of an association have a 285
431	431	fiduciary relationship to the members who are served by the 286
432	432	association. The powers and duties of an association include 287
433	433	those set forth in this chapter and, except as expressly limited 288
434	434	or restricted in this chapter, those set fort h in the governing 289
435	435	documents. After control of the association is obtained by 290
436	436	members other than the developer, the association may institute, 291
437	437	maintain, settle, or appeal actions or hearings in its name on 292
438	438	behalf of all members concerning matters of common interest to 293
439	439	the members, including, but not limited to, the common areas; 294
440	440	roof or structural components of a building, or other 295
441	441	improvements for which the association is responsible; 296
442	442	mechanical, electrical, or plumbing elements serving an 297
443	443	improvement or building for which the association is 298
444	444	responsible; representations of the developer pertaining to any 299
445	445	existing or proposed commonly used facility; and protesting ad 300
446	446
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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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457	457
458	458	valorem taxes on commonly used facilities. The association may 301
459	459	defend actions in eminent dom ain or bring inverse condemnation 302
460	460	actions. Before commencing litigation against any party in the 303
461	461	name of the association involving amounts in controversy in 304
462	462	excess of $100,000, the association must obtain the affirmative 305
463	463	approval of a majority of the votin g interests at a meeting of 306
464	464	the membership at which a quorum has been attained. This 307
465	465	subsection does not limit any statutory or common -law right of 308
466	466	any individual member or class of members to bring any action 309
467	467	without participation by the association. A me mber does not have 310
468	468	authority to act for the association by virtue of being a 311
469	469	member. An association may have more than one class of members 312
470	470	and may issue membership certificates. An association of 15 or 313
471	471	fewer parcel owners may enforce only the requirements of those 314
472	472	deed restrictions established prior to the purchase of each 315
473	473	parcel upon an affected parcel owner or owners. 316
474	474	(b) An association must ensure compliance with the Florida 317
475	475	Building Code. 318
476	476	1. As to a building for which the association is 319
477	477	responsible, which is four stories or more in height and located 320
478	478	within one-half mile radius of the Gulf of Mexico or Atlantic 321
479	479	coast shoreline of the state, once the building reaches 30 years 322
480	480	of age, and every 5 years thereafter, the board of 323
481	481	administration must have the building inspected by a licensed 324
482	482	architect or engineer authorized to practice in this state. 325
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488	488	CODING: Words stricken are deletions; words underlined are additions.
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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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493	493
494	494
495	495	2. In accordance with the requirements of subsection (2), 326
496	496	the board of administration shall convene a board meeting within 327
497	497	21 days after the date of receipt of the inspection report to 328
498	498	vote on a plan to repair the building if the inspection report 329
499	499	indicates that repairs are needed. 330
500	500	3. Within 5 days after the date of receipt of the 331
501	501	inspection report, the board of administration shall: 332
502	502	a. Provide a copy of the report to the local authority 333
503	503	having jurisdiction. 334
504	504	b. Make the report available for inspection by a parcel 335
505	505	owner as required under subsection (5). 336
506	506	4. The association shall maintain a copy of the inspection 337
507	507	report as part of the association's offici al records in 338
508	508	accordance with subsection (5). 339
509	509	(4) OFFICIAL RECORDS. —The association shall maintain each 340
510	510	of the following items, when applicable, which constitute the 341
511	511	official records of the association: 342
512	512	(n) A copy of the inspection report as described in 343
513	513	paragraph (1)(b). 344
514	514	Section 7. Paragraph (u) is added to subsection (4) of 345
515	515	section 720.307, Florida Statutes, to read: 346
516	516	720.307 Transition of association control in a community. —347
517	517	With respect to homeowners' associations: 348
518	518	(4) At the time the members are entitled to elect at least 349
519	519	a majority of the board of directors of the homeowners' 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
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531	531
532	532	association, the developer shall, at the developer's expense, 351
533	533	within no more than 90 days deliver the following documents to 352
534	534	the board: 353
535	535	(u) If a building for which the association is responsible 354
536	536	requires an inspection under s. 720.303(1)(b) before a developer 355
537	537	relinquishes control of the association, the developer must 356
538	538	comply with s. 720.303(1)(b) and provide a copy of any 357
539	539	inspection reports generated to the association when the 358
540	540	developer relinquishes control. 359
541	541	Section 8. This act shall take effect July 1, 2022. 360