Florida 2022 Regular Session

Florida House Bill H1397 Compare Versions

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

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3	3	HB 1397 2022
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8	8	hb1397-00
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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 condominium associations; amending 2
16	16	s. 718.111, F.S.; authorizing the person or entity 3
17	17	completing the financial report for an association to 4
18	18	rely on a specified inspection report; restricting an 5
19	19	association from waiving a financial report for more 6
20	20	than a specified period; amending s. 718.112, F.S.; 7
21	21	requiring an association to provide a candidate's 8
22	22	certification form to unit owners for specified 9
23	23	purposes; amending s. 718.113, F.S.; requiring the 10
24	24	board to have certain condominium buildings inspected 11
25	25	every 5 years by an architect or engineer; requiring 12
26	26	the architect or engineer to provide a certain report 13
27	27	back to the board; providing an exception; providing 14
28	28	an effective date. 15
29	29	16
30	30	Be It Enacted by the Legislature of the State of Florida: 17
31	31	18
32	32	Section 1. Subsection (13) of section 718.111, Florida 19
33	33	Statutes, is amended to read: 20
34	34	718.111 The association. — 21
35	35	(13) FINANCIAL REPORTING. —Within 90 days after the end of 22
36	36	the fiscal year, or annually on a date provided in the bylaws, 23
37	37	the association shall prepare and complete, or contract for the 24
38	38	preparation and completion of, a financial report for the 25
39	39
40	40	HB 1397 2022
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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
50	50
51	51	preceding fiscal year. Within 21 days after the final fin ancial 26
52	52	report is completed by the association or received from the 27
53	53	third party, but not later than 120 days after the end of the 28
54	54	fiscal year or other date as provided in the bylaws, the 29
55	55	association shall mail to each unit owner at the address last 30
56	56	furnished to the association by the unit owner, or hand deliver 31
57	57	to each unit owner, a copy of the most recent financial report 32
58	58	or a notice that a copy of the most recent financial report will 33
59	59	be mailed or hand delivered to the unit owner, without charge, 34
60	60	within 5 business days after receipt of a written request from 35
61	61	the unit owner. The division shall adopt rules setting forth 36
62	62	uniform accounting principles and standards to be used by all 37
63	63	associations and addressing the financial reporting requirements 38
64	64	for multicondominium associations. The rules must include, but 39
65	65	not be limited to, standards for presenting a summary of 40
66	66	association reserves, including a good faith estimate disclosing 41
67	67	the annual amount of reserve funds that would be necessary for 42
68	68	the association to ful ly fund reserves for each reserve item 43
69	69	based on the straight -line accounting method. This disclosure is 44
70	70	not applicable to reserves funded via the pooling method. The 45
71	71	person or entity preparing the financial report may rely on an 46
72	72	inspection report prepared for or provided to the association to 47
73	73	meet the fiscal and fiduciary standards of this chapter. In 48
74	74	adopting such rules, the division shall consider the number of 49
75	75	members and annual revenues of an association. Financial reports 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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88	88	shall be prepared as follows: 51
89	89	(a) An association that meets the criteria of this 52
90	90	paragraph shall prepare a complete set of financial statements 53
91	91	in accordance with generally accepted accounting principles. The 54
92	92	financial statements must be based upon the association's total 55
93	93	annual revenues, as follows: 56
94	94	1. An association with total annual revenues of $150,000 57
95	95	or more, but less than $300,000, shall prepare compiled 58
96	96	financial statements. 59
97	97	2. An association with total annual revenues of at least 60
98	98	$300,000, but less than $500,000, shall pr epare reviewed 61
99	99	financial statements. 62
100	100	3. An association with total annual revenues of $500,000 63
101	101	or more shall prepare audited financial statements. 64
102	102	(b)1. An association with total annual revenues of less 65
103	103	than $150,000 shall prepare a report of cash recei pts and 66
104	104	expenditures. 67
105	105	2. A report of cash receipts and disbursements must 68
106	106	disclose the amount of receipts by accounts and receipt 69
107	107	classifications and the amount of expenses by accounts and 70
108	108	expense classifications, including, but not limited to, the 71
109	109	following, as applicable: costs for security, professional and 72
110	110	management fees and expenses, taxes, costs for recreation 73
111	111	facilities, expenses for refuse collection and utility services, 74
112	112	expenses for lawn care, costs for building maintenance and 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	repair, insurance costs, administration and salary expenses, and 76
126	126	reserves accumulated and expended for capital expenditures, 77
127	127	deferred maintenance, and any other category for which the 78
128	128	association maintains reserves. 79
129	129	(c) An association may prepare, without a meeting of o r 80
130	130	approval by the unit owners: 81
131	131	1. Compiled, reviewed, or audited financial statements, if 82
132	132	the association is required to prepare a report of cash receipts 83
133	133	and expenditures; 84
134	134	2. Reviewed or audited financial statements, if the 85
135	135	association is required to prepare compiled financial 86
136	136	statements; or 87
137	137	3. Audited financial statements if the association is 88
138	138	required to prepare reviewed financial statements. 89
139	139	(d) If approved by a majority of the voting interests 90
140	140	present at a properly called meeting of the association, an 91
141	141	association may prepare: 92
142	142	1. A report of cash receipts and expenditures in lieu of a 93
143	143	compiled, reviewed, or audited financial statement; 94
144	144	2. A report of cash receipts and expenditures or a 95
145	145	compiled financial statement in lieu of a reviewe d or audited 96
146	146	financial statement; or 97
147	147	3. A report of cash receipts and expenditures, a compiled 98
148	148	financial statement, or a reviewed financial statement in lieu 99
149	149	of an audited financial statement. 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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162	162	101
163	163	Such meeting and approval must occur before the end of the 102
164	164	fiscal year and is effective only for the fiscal year in which 103
165	165	the vote is taken, except that the approval may also be 104
166	166	effective for the following fiscal year. If the developer has 105
167	167	not turned over control of the association, all unit owners, 106
168	168	including the developer, may vote on issues related to the 107
169	169	preparation of the association's financial reports, from the 108
170	170	date of incorporation of the association through the end of the 109
171	171	second fiscal year after the fiscal year in which the 110
172	172	certificate of a surveyor and map per is recorded pursuant to s. 111
173	173	718.104(4)(e) or an instrument that transfers title to a unit in 112
174	174	the condominium which is not accompanied by a recorded 113
175	175	assignment of developer rights in favor of the grantee of such 114
176	176	unit is recorded, whichever occurs first. Thereafter, all unit 115
177	177	owners except the developer may vote on such issues until 116
178	178	control is turned over to the association by the developer. Any 117
179	179	audit or review prepared under this section shall be paid for by 118
180	180	the developer if done before turnover of control of the 119
181	181	association. An association may not waive the financial 120
182	182	reporting requirements of this subsection for more than 3 121
183	183	consecutive years. 122
184	184	(e) A unit owner may provide written notice to the 123
185	185	division of the association's failure to mail or hand deliver 124
186	186	him or her a copy of the most recent financial report within 5 125
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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
198	198
199	199	business days after he or she submitted a written request to the 126
200	200	association for a copy of such report. If the division 127
201	201	determines that the association failed to mail or hand deliver a 128
202	202	copy of the most recent financial report to the unit owner, the 129
203	203	division shall provide written notice to the association that 130
204	204	the association must mail or hand deliver a copy of the most 131
205	205	recent financial report to the unit owner and the division 132
206	206	within 5 business days after it receives such notice from the 133
207	207	division. An association that fails to comply with the 134
208	208	division's request may not waive the financial reporting 135
209	209	requirement provided in paragraph (d) for the fiscal year in 136
210	210	which the unit owner's request was made and the following fiscal 137
211	211	year. A financial report received by the division pursuant to 138
212	212	this paragraph shall be maintained, and the division shall 139
213	213	provide a copy of such report to an association member upon his 140
214	214	or her request. 141
215	215	Section 2. Paragraph (d) of subsection (2) of section 142
216	216	718.112, Florida Statutes, is amended to read: 143
217	217	718.112 Bylaws.— 144
218	218	(2) REQUIRED PROVISIONS. —The bylaws shall provide for the 145
219	219	following and, if they do not do so, shall be deemed to include 146
220	220	the following: 147
221	221	(d) Unit owner meeti ngs.— 148
222	222	1. An annual meeting of the unit owners must be held at 149
223	223	the location provided in the association bylaws and, if 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	bylaws are silent as to the location, the meeting must be held 151
237	237	within 45 miles of the condominium property. However, such 152
238	238	distance requirement does not apply to an association governing 153
239	239	a timeshare condominium. 154
240	240	2. Unless the bylaws provide otherwise, a vacancy on the 155
241	241	board caused by the expiration of a director's term must be 156
242	242	filled by electing a new board member, and the election mu st be 157
243	243	by secret ballot. An election is not required if the number of 158
244	244	vacancies equals or exceeds the number of candidates. For 159
245	245	purposes of this paragraph, the term "candidate" means an 160
246	246	eligible person who has timely submitted the written notice, as 161
247	247	described in sub-subparagraph 4.a., of his or her intention to 162
248	248	become a candidate. Except in a timeshare or nonresidential 163
249	249	condominium, or if the staggered term of a board member does not 164
250	250	expire until a later annual meeting, or if all members' terms 165
251	251	would otherwise expire but there are no candidates, the terms of 166
252	252	all board members expire at the annual meeting, and such members 167
253	253	may stand for reelection unless prohibited by the bylaws. Board 168
254	254	members may serve terms longer than 1 year if permitted by the 169
255	255	bylaws or articles of incorporation. A board member may not 170
256	256	serve more than 8 consecutive years unless approved by an 171
257	257	affirmative vote of unit owners representing two -thirds of all 172
258	258	votes cast in the election or unless there are not enough 173
259	259	eligible candidates to fill t he vacancies on the board at the 174
260	260	time of the vacancy. Only board service that occurs on or after 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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273	273	July 1, 2018, may be used when calculating a board member's term 176
274	274	limit. If the number of board members whose terms expire at the 177
275	275	annual meeting equals or excee ds the number of candidates, the 178
276	276	candidates become members of the board effective upon the 179
277	277	adjournment of the annual meeting. Unless the bylaws provide 180
278	278	otherwise, any remaining vacancies shall be filled by the 181
279	279	affirmative vote of the majority of the direct ors making up the 182
280	280	newly constituted board even if the directors constitute less 183
281	281	than a quorum or there is only one director. In a residential 184
282	282	condominium association of more than 10 units or in a 185
283	283	residential condominium association that does not include 186
284	284	timeshare units or timeshare interests, co -owners of a unit may 187
285	285	not serve as members of the board of directors at the same time 188
286	286	unless they own more than one unit or unless there are not 189
287	287	enough eligible candidates to fill the vacancies on the board at 190
288	288	the time of the vacancy. A unit owner in a residential 191
289	289	condominium desiring to be a candidate for board membership must 192
290	290	comply with sub-subparagraph 4.a. and must be eligible to be a 193
291	291	candidate to serve on the board of directors at the time of the 194
292	292	deadline for submitting a notice of intent to run in order to 195
293	293	have his or her name listed as a proper candidate on the ballot 196
294	294	or to serve on the board. A person who has been suspended or 197
295	295	removed by the division under this chapter, or who is delinquent 198
296	296	in the payment of any assessment due to the association, is not 199
297	297	eligible to be a candidate for board membership and may not be 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	listed on the ballot. For purposes of this paragraph, a person 201
311	311	is delinquent if a payment is not made by the due date as 202
312	312	specifically identified in the declaration of condominium, 203
313	313	bylaws, or articles of incorporation. If a due date is not 204
314	314	specifically identified in the declaration of condominium, 205
315	315	bylaws, or articles of incorporation, the due date is the first 206
316	316	day of the assessment period. A person who has been convicted of 207
317	317	any felony in this state or in a United States District or 208
318	318	Territorial Court, or who has been convicted of any offense in 209
319	319	another jurisdiction which would be considered a felony if 210
320	320	committed in this state, is not eligible for board m embership 211
321	321	unless such felon's civil rights have been restored for at least 212
322	322	5 years as of the date such person seeks election to the board. 213
323	323	The validity of an action by the board is not affected if it is 214
324	324	later determined that a board member is ineligible fo r board 215
325	325	membership due to having been convicted of a felony. This 216
326	326	subparagraph does not limit the term of a member of the board of 217
327	327	a nonresidential or timeshare condominium. 218
328	328	3. The bylaws must provide the method of calling meetings 219
329	329	of unit owners, includ ing annual meetings. Written notice of an 220
330	330	annual meeting must include an agenda; be mailed, hand 221
331	331	delivered, or electronically transmitted to each unit owner at 222
332	332	least 14 days before the annual meeting; and be posted in a 223
333	333	conspicuous place on the condominium property or association 224
334	334	property at least 14 continuous days before the annual meeting. 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	Written notice of a meeting other than an annual meeting must 226
348	348	include an agenda; be mailed, hand delivered, or electronically 227
349	349	transmitted to each unit owner; and be po sted in a conspicuous 228
350	350	place on the condominium property or association property within 229
351	351	the timeframe specified in the bylaws. If the bylaws do not 230
352	352	specify a timeframe for written notice of a meeting other than 231
353	353	an annual meeting, notice must be provided at least 14 232
354	354	continuous days before the meeting. Upon notice to the unit 233
355	355	owners, the board shall, by duly adopted rule, designate a 234
356	356	specific location on the condominium property or association 235
357	357	property where all notices of unit owner meetings must be 236
358	358	posted. This requirement does not apply if there is no 237
359	359	condominium property for posting notices. In lieu of, or in 238
360	360	addition to, the physical posting of meeting notices, the 239
361	361	association may, by reasonable rule, adopt a procedure for 240
362	362	conspicuously posting and repeate dly broadcasting the notice and 241
363	363	the agenda on a closed -circuit cable television system serving 242
364	364	the condominium association. However, if broadcast notice is 243
365	365	used in lieu of a notice posted physically on the condominium 244
366	366	property, the notice and agenda must b e broadcast at least four 245
367	367	times every broadcast hour of each day that a posted notice is 246
368	368	otherwise required under this section. If broadcast notice is 247
369	369	provided, the notice and agenda must be broadcast in a manner 248
370	370	and for a sufficient continuous length of t ime so as to allow an 249
371	371	average reader to observe the notice and read and comprehend 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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382	382
383	383
384	384	entire content of the notice and the agenda. In addition to any 251
385	385	of the authorized means of providing notice of a meeting of the 252
386	386	board, the association may, by rule, adop t a procedure for 253
387	387	conspicuously posting the meeting notice and the agenda on a 254
388	388	website serving the condominium association for at least the 255
389	389	minimum period of time for which a notice of a meeting is also 256
390	390	required to be physically posted on the condominium p roperty. 257
391	391	Any rule adopted shall, in addition to other matters, include a 258
392	392	requirement that the association send an electronic notice in 259
393	393	the same manner as a notice for a meeting of the members, which 260
394	394	must include a hyperlink to the website where the notice is 261
395	395	posted, to unit owners whose e -mail addresses are included in 262
396	396	the association's official records. Unless a unit owner waives 263
397	397	in writing the right to receive notice of the annual meeting, 264
398	398	such notice must be hand delivered, mailed, or electronically 265
399	399	transmitted to each unit owner. Notice for meetings and notice 266
400	400	for all other purposes must be mailed to each unit owner at the 267
401	401	address last furnished to the association by the unit owner, or 268
402	402	hand delivered to each unit owner. However, if a unit is owned 269
403	403	by more than one person, the association must provide notice to 270
404	404	the address that the developer identifies for that purpose and 271
405	405	thereafter as one or more of the owners of the unit advise the 272
406	406	association in writing, or if no address is given or the owners 273
407	407	of the unit do not agree, to the address provided on the deed of 274
408	408	record. An officer of the association, or the manager or other 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	person providing notice of the association meeting, must provide 276
422	422	an affidavit or United States Postal Service certificate of 277
423	423	mailing, to be included in the official records of the 278
424	424	association affirming that the notice was mailed or hand 279
425	425	delivered in accordance with this provision. 280
426	426	4. The members of the board of a residential condominium 281
427	427	shall be elected by written ballot or voting machin e. Proxies 282
428	428	may not be used in electing the board in general elections or 283
429	429	elections to fill vacancies caused by recall, resignation, or 284
430	430	otherwise, unless otherwise provided in this chapter. This 285
431	431	subparagraph does not apply to an association governing a 286
432	432	timeshare condominium. 287
433	433	a. At least 60 days before a scheduled election, the 288
434	434	association shall mail, deliver, or electronically transmit, by 289
435	435	separate association mailing or included in another association 290
436	436	mailing, delivery, or transmission, including regularl y 291
437	437	published newsletters, to each unit owner entitled to a vote, a 292
438	438	first notice of the date of the election. A unit owner or other 293
439	439	eligible person desiring to be a candidate for the board must 294
440	440	give written notice of his or her intent to be a candidate to 295
441	441	the association at least 40 days before a scheduled election. 296
442	442	Together with the written notice and agenda as set forth in 297
443	443	subparagraph 3., the association shall mail, deliver, or 298
444	444	electronically transmit a second notice of the election to all 299
445	445	unit owners entitled to vote, together with a ballot that lists 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	all candidates and each candidate's certification form provided 301
459	459	by the division on which the candidate attests that he or she 302
460	460	has read and understands, to the best of his or her ability, the 303
461	461	governing documents of the association, the provisions of this 304
462	462	chapter, and any applicable rules not less than 14 days or more 305
463	463	than 34 days before the date of the election. Upon request of a 306
464	464	candidate, an information sheet, no larger than 8 1/2 inches by 307
465	465	11 inches, which must be furnished by the candidate at least 35 308
466	466	days before the election, must be included with the mailing, 309
467	467	delivery, or transmission of the ballot, with the costs of 310
468	468	mailing, delivery, or electronic transmission and copying to be 311
469	469	borne by the association. The association is not liable for the 312
470	470	contents of the information sheets prepared by the candidates. 313
471	471	In order to reduce costs, the association may print or duplicate 314
472	472	the information sheets on both sides of the paper. The division 315
473	473	shall by rule establish vo ting procedures consistent with this 316
474	474	sub-subparagraph, including rules establishing procedures for 317
475	475	giving notice by electronic transmission and rules providing for 318
476	476	the secrecy of ballots. Elections shall be decided by a 319
477	477	plurality of ballots cast. There is no quorum requirement; 320
478	478	however, at least 20 percent of the eligible voters must cast a 321
479	479	ballot in order to have a valid election. A unit owner may not 322
480	480	authorize any other person to vote his or her ballot, and any 323
481	481	ballots improperly cast are invalid. A unit owner who violates 324
482	482	this provision may be fined by the association in accordance 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	with s. 718.303. A unit owner who needs assistance in casting 326
496	496	the ballot for the reasons stated in s. 101.051 may obtain such 327
497	497	assistance. The regular election must occur on the date of the 328
498	498	annual meeting. Notwithstanding this sub -subparagraph, an 329
499	499	election is not required unless more candidates file notices of 330
500	500	intent to run or are nominated than board vacancies exist. 331
501	501	b. Within 90 days after being elected or appointed to the 332
502	502	board of an association of a residential condominium, each newly 333
503	503	elected or appointed director shall certify in writing to the 334
504	504	secretary of the association that he or she has read the 335
505	505	association's declaration of condominium, articles of 336
506	506	incorporation, bylaw s, and current written policies; that he or 337
507	507	she will work to uphold such documents and policies to the best 338
508	508	of his or her ability; and that he or she will faithfully 339
509	509	discharge his or her fiduciary responsibility to the 340
510	510	association's members. In lieu of thi s written certification, 341
511	511	within 90 days after being elected or appointed to the board, 342
512	512	the newly elected or appointed director may submit a certificate 343
513	513	of having satisfactorily completed the educational curriculum 344
514	514	administered by a division -approved condominium education 345
515	515	provider within 1 year before or 90 days after the date of 346
516	516	election or appointment. The written certification or 347
517	517	educational certificate is valid and does not have to be 348
518	518	resubmitted as long as the director serves on the board without 349
519	519	interruption. A director of an association of a residential 350
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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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532	532	condominium who fails to timely file the written certification 351
533	533	or educational certificate is suspended from service on the 352
534	534	board until he or she complies with this sub -subparagraph. The 353
535	535	board may temporarily fill the vacancy during the period of 354
536	536	suspension. The secretary shall cause the association to retain 355
537	537	a director's written certification or educational certificate 356
538	538	for inspection by the members for 5 years after a director's 357
539	539	election or the duration of the director's uninterrupted tenure, 358
540	540	whichever is longer. Failure to have such written certification 359
541	541	or educational certificate on file does not affect the validity 360
542	542	of any board action. 361
543	543	c. Any challenge to the election process must be commenced 362
544	544	within 60 days after the election results are announced. 363
545	545	5. Any approval by unit owners called for by this chapter 364
546	546	or the applicable declaration or bylaws, including, but not 365
547	547	limited to, the approval requirement in s. 718.111(8), must be 366
548	548	made at a duly noticed meeting of unit owners and is subject to 367
549	549	all requirements of this chapter or the applicable condominium 368
550	550	documents relating to unit owner decisionmaking, except that 369
551	551	unit owners may take action by written agreement, without 370
552	552	meetings, on matters for which a ction by written agreement 371
553	553	without meetings is expressly allowed by the applicable bylaws 372
554	554	or declaration or any law that provides for such action. 373
555	555	6. Unit owners may waive notice of specific meetings if 374
556	556	allowed by the applicable bylaws or declaration or any law. 375
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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
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569	569	Notice of meetings of the board of administration, unit owner 376
570	570	meetings, except unit owner meetings called to recall board 377
571	571	members under paragraph (j), and committee meetings may be given 378
572	572	by electronic transmission to unit owners who consent to rec eive 379
573	573	notice by electronic transmission. A unit owner who consents to 380
574	574	receiving notices by electronic transmission is solely 381
575	575	responsible for removing or bypassing filters that block receipt 382
576	576	of mass e-mails sent to members on behalf of the association in 383
577	577	the course of giving electronic notices. 384
578	578	7. Unit owners have the right to participate in meetings 385
579	579	of unit owners with reference to all designated agenda items. 386
580	580	However, the association may adopt reasonable rules governing 387
581	581	the frequency, duration, and manner of unit owner participation. 388
582	582	8. A unit owner may tape record or videotape a meeting of 389
583	583	the unit owners subject to reasonable rules adopted by the 390
584	584	division. 391
585	585	9. Unless otherwise provided in the bylaws, any vacancy 392
586	586	occurring on the board before the expir ation of a term may be 393
587	587	filled by the affirmative vote of the majority of the remaining 394
588	588	directors, even if the remaining directors constitute less than 395
589	589	a quorum, or by the sole remaining director. In the alternative, 396
590	590	a board may hold an election to fill the vacancy, in which case 397
591	591	the election procedures must conform to sub -subparagraph 4.a. 398
592	592	unless the association governs 10 units or fewer and has opted 399
593	593	out of the statutory election process, in which case the bylaws 400
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605	605
606	606	of the association control. Unless otherwis e provided in the 401
607	607	bylaws, a board member appointed or elected under this section 402
608	608	shall fill the vacancy for the unexpired term of the seat being 403
609	609	filled. Filling vacancies created by recall is governed by 404
610	610	paragraph (j) and rules adopted by the division. 405
611	611	10. This chapter does not limit the use of general or 406
612	612	limited proxies, require the use of general or limited proxies, 407
613	613	or require the use of a written ballot or voting machine for any 408
614	614	agenda item or election at any meeting of a timeshare 409
615	615	condominium associat ion or nonresidential condominium 410
616	616	association. 411
617	617	412
618	618	Notwithstanding subparagraph (b)2. and sub -subparagraph 4.a., an 413
619	619	association of 10 or fewer units may, by affirmative vote of a 414
620	620	majority of the total voting interests, provide for different 415
621	621	voting and election procedures in its bylaws, which may be by a 416
622	622	proxy specifically delineating the different voting and election 417
623	623	procedures. The different voting and election procedures may 418
624	624	provide for elections to be conducted by limited or general 419
625	625	proxy. 420
626	626	Section 3. Subsection (10) is added to section 718.113, 421
627	627	Florida Statutes, to read: 422
628	628	718.113 Maintenance; limitation upon improvement; display 423
629	629	of flag; hurricane shutters and protection; display of religious 424
630	630	decorations.— 425
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643	643	(10) As to a condominium building that is taller than 426
644	644	three stories in height, at least every 5 years, and within 5 427
645	645	years if such building is not available for inspection on or 428
646	646	before July 1, 2022, the board shall have the condominium 429
647	647	building inspected by an architect or engineer authorized to 430
648	648	practice in the state. The architect or engineer shall provide a 431
649	649	report under his or her seal to the board attesting to the 432
650	650	required maintenance, useful life, and replacements costs of the 433
651	651	common elements of the condominium building. However, an 434
652	652	association may waive this requirement if the decision to waive 435
653	653	is approved by a majority of the voting interests present at a 436
654	654	properly called meeting of the association. The meeting and 437
655	655	approval must occur before the end of the 5 -year period and such 438
656	656	approval is effective only for that 5 -year period. 439
657	657	Section 4. This act shall take effect July 1, 2022. 440