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