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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 homeowners' associations; amending 2
s. 468.4334, F.S.; providing requirements for certain 3
community association managers and community 4
association management firms; amending s. 468.4337, 5
F.S.; requiring certain community association manag ers 6
to take a specific number of hours of continuing 7
education biennially; amending s. 720.303, F.S.; 8
requiring official records of a homeowners' 9
association to be maintained for a certain number of 10
years; requiring an association to post certain 11
documents on its website or make such documents 12
available through an application by a date certain; 13
providing requirements for an association's website or 14
application; requiring an association to provide 15
certain information to parcel owners upon request; 16
requiring an association to ensure certain information 17
and records are not accessible on the website or 18
application; providing that an association or its 19
agent is not liable for the disclosure of certain 20
information; requiring an association to adopt certain 21
rules; requiring an association to provide or make 22
available subpoenaed records within a certain 23
timeframe; requiring an association to assist in a law 24
enforcement investigation as allowed by law; requiring 25
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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
that certain associations use an independent certified 26
public accountant to prepare its annual budget; 27
requiring certain associations to retain an attorney 28
for certain purposes; prohibiting certain persons from 29
acting as the accountant or attorney; amending s. 30
720.3033, F.S.; providing education requirements fo r 31
newly elected or appointed directors; providing 32
requirements for the educational curriculum; requiring 33
certain newly elected or appointed directors to 34
complete a certain number of hours of continuing 35
education annually; requiring the Department of 36
Business and Professional Regulation to adopt certain 37
rules; providing criminal penalties for certain 38
actions by an officer, a director, or a manager of an 39
association; amending s. 720.3035, F.S.; requiring an 40
association or any architectural, construction 41
improvement, or other such similar committee of an 42
association to apply and enforce certain standards 43
reasonably and equitably; requiring an association or 44
any architectural, construction improvement, or other 45
such similar committee of an association to provide 46
certain written notice to a parcel owner; amending s. 47
720.3085, F.S.; conforming a cross -reference; 48
providing an effective date. 49
50
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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: 51
52
Section 1. Subsection (3) is added to section 468.4334, 53
Florida Statutes, to read: 54
468.4334 Professional practice standards; liability ; 55
community association manager requirements .— 56
(3) A community association manager or community 57
association management firm that is authorized by contract to 58
provide community association management services to a 59
homeowners' association must do all of the following: 60
(a) Attend in person at least one member meeting or board 61
meeting of the homeowners' association annually. 62
(b) Provide to the members of the homeowners' associat ion 63
the name and contact information for each community association 64
manager or representative of a community association management 65
firm assigned to the homeowners' association, the manager's or 66
representative's hours of availability, and a summary of the 67
duties for which the manager or representative is responsible. 68
The homeowners' association must also post this information on 69
the association's website or application required under s. 70
720.303(4)(b). The community association manager or community 71
association management firm must update the homeowners' 72
association and its members within 14 business days after any 73
change to such information. 74
(c) Provide to any member upon request a copy of the 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
contract between the community association manager or community 76
association management firm and the homeowners' association and 77
include such contract with association's governing documents. 78
Section 2. Section 468.4337, Florida Statutes, is amended 79
to read: 80
468.4337 Continuing education. —The department may not 81
renew a license until the licensee submits proof that the 82
licensee has completed the requisite hours of continuing 83
education. No more than 10 hours of continuing education 84
annually shall be required for renewal of a license. The number 85
of continuing education hours, criteria, and course content 86
shall be approved by the council by rule. The council may not 87
require more than 10 hours of continuing education annually for 88
renewal of a license. A community association manager who 89
provides community association mana gement services to a 90
homeowners' association must biennially complete at least 5 91
hours of continuing education that pertains specifically to 92
homeowners' associations, 3 hours of which must relate to 93
recordkeeping. 94
Section 3. Subsections (4) and (5) and paragraphs (a), 95
(d), and (f) of subsection (6) of section 720.303, Florida 96
Statutes, are amended to read: 97
720.303 Association powers and duties; meetings of board; 98
official records; budgets; financial reporting; association 99
funds; recalls.— 100
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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
(4) OFFICIAL RECORDS.— 101
(a) The association shall maintain each of the following 102
items, when applicable, for at least 7 years, unless the 103
governing documents of the association require a longer period 104
of time, which constitute the official records of the 105
association: 106
1.(a) Copies of any plans, specifications, permits, and 107
warranties related to improvements constructed on the common 108
areas or other property that the association is obligated to 109
maintain, repair, or replace. 110
2.(b) A copy of the bylaws of the association and of each 111
amendment to the bylaws. 112
3.(c) A copy of the articles of incorporation of the 113
association and of each amendment thereto. 114
4.(d) A copy of the declaration of covenants and a copy of 115
each amendment thereto. 116
5.(e) A copy of the current rules of the homeowners' 117
association. 118
6.(f) The minutes of all meetings of the board of 119
directors and of the members , which minutes must be retained for 120
at least 7 years. 121
7.(g) A current roster of all members and the ir designated 122
mailing addresses and parcel identifications. A member's 123
designated mailing address is the member's property address, 124
unless the member has sent written notice to the association 125
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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
requesting that a different mailing address be used for all 126
required notices. The association shall also maintain the e -mail 127
addresses and the facsimile numbers designated by members for 128
receiving notice sent by electronic transmission of those 129
members consenting to receive notice by electronic transmission. 130
A member's e-mail address is the e -mail address the member 131
provided when consenting in writing to receiving notice by 132
electronic transmission, unless the member has sent written 133
notice to the association requesting that a different e -mail 134
address be used for all re quired notices. The e -mail addresses 135
and facsimile numbers provided by members to receive notice by 136
electronic transmission must be removed from association records 137
when the member revokes consent to receive notice by electronic 138
transmission. However, the association is not liable for an 139
erroneous disclosure of the e -mail address or the facsimile 140
number for receiving electronic transmission of notices. 141
8.(h) All of the association's insurance policies or a 142
copy thereof, which policies must be retained for at least 7 143
years. 144
9.(i) A current copy of all contracts to which the 145
association is a party, including, without limitation, any 146
management agreement, lease, or other contract under which the 147
association has any obligation or responsibility. Bids receive d 148
by the association for work to be performed are must also be 149
considered official records and must be kept for a period of 1 150
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year. 151
10.(j) The financial and accounting records of the 152
association, kept according to good accounting practices. All 153
financial and accounting records must be maintained for a period 154
of at least 7 years. The financial and accounting records must 155
include: 156
a.1. Accurate, itemized, and detailed records of all 157
receipts and expenditures. 158
b.2. A current account and a periodic statem ent of the 159
account for each member, designating the name and current 160
address of each member who is obligated to pay assessments, the 161
due date and amount of each assessment or other charge against 162
the member, the date and amount of each payment on the accou nt, 163
and the balance due. 164
c.3. All tax returns, financial statements, and financial 165
reports of the association. 166
d.4. Any other records that identify, measure, record, or 167
communicate financial information. 168
11.(k) A copy of the disclosure summary descri bed in s. 169
720.401(1). 170
12.(l) Ballots, sign-in sheets, voting proxies, and all 171
other papers and electronic records relating to voting by parcel 172
owners, which must be maintained for at least 1 year after the 173
date of the election, vote, or meeting. 174
13.(m) All affirmative acknowledgments made pursuant to s. 175
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720.3085(3)(c)3. 176
14.(n) All other written records of the association not 177
specifically included in this subsection which are related to 178
the operation of the association. 179
(b)1. By January 1, 2025, an association shall post a 180
current digital copy of the documents specified in paragraph (a) 181
on its website or make such documents available through an 182
application that can be downloaded on a mobile device. 183
2. The association's website or application must b e 184
accessible through the Internet and must contain a subpage, web 185
portal, or other protected electronic location that is 186
inaccessible to the general public and accessible only to parcel 187
owners and employees of the association. 188
3. Upon written request by a parcel owner, the association 189
must provide the parcel owner with a username and password and 190
access to the protected sections of the association's website or 191
application which contains the official documents of the 192
association. 193
4. The association shall ensure that the information and 194
records described in paragraph (5)(d), which are not allowed to 195
be accessible to parcel owners, are not posted on the 196
association's website or application. If protected information 197
or information restricted from being acces sible to parcel owners 198
is included in documents that are required to be posted on the 199
association's website or application, the association must 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
ensure the information is redacted before posting the documents. 201
Notwithstanding the foregoing, the association or its authorized 202
agent is not liable for disclosing information that is protected 203
or restricted under paragraph (5)(d) unless such disclosure was 204
made with a knowing or intentional disregard of the protected or 205
restricted nature of such information. 206
(c) The association shall adopt written rules governing 207
the method or policy by which the official records of the 208
association are to be retained and for how long such records 209
must be retained. Such information must be made available to the 210
parcel owners through the association's website or application. 211
(5) INSPECTION AND COPYING OF RECORDS. —Unless otherwise 212
provided by law or the governing documents of the association, 213
the official records must shall be maintained within the state 214
for at least 7 years and shall be made available to a parcel 215
owner for inspection or photocopying within 45 miles of the 216
community or within the county in which the association is 217
located within 10 business days after receipt by the board or 218
its designee of a written request from the parcel owner. This 219
subsection may be complied with by having a copy of the official 220
records available for inspection or copying in the community or , 221
at the option of the association, by making the records 222
available to a parcel owner electronically via t he association's 223
website or application Internet or by allowing the records to be 224
viewed in electronic format on a computer screen and printed 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
upon request. If the association has a photocopy machine 226
available where the records are maintained, it must prov ide 227
parcel owners with copies on request during the inspection if 228
the entire request is limited to no more than 25 pages. An 229
association shall allow a member or his or her authorized 230
representative to use a portable device, including a smartphone, 231
tablet, portable scanner, or any other technology capable of 232
scanning or taking photographs, to make an electronic copy of 233
the official records in lieu of the association's providing the 234
member or his or her authorized representative with a copy of 235
such records. The association may not charge a fee to a member 236
or his or her authorized representative for the use of a 237
portable device. 238
(a) The failure of an association to provide access to the 239
records within 10 business days after receipt of a written 240
request submitted by certified mail, return receipt requested, 241
creates a rebuttable presumption that the association willfully 242
failed to comply with this subsection. 243
(b) A member who is denied access to official records is 244
entitled to the actual damages or minimum dam ages for the 245
association's willful failure to comply with this subsection. 246
The minimum damages are to be $50 per calendar day up to 10 247
days, the calculation to begin on the 11th business day after 248
receipt of the written request. 249
(c) The association may a dopt reasonable written rules 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
governing the frequency, time, location, notice, records to be 251
inspected, and manner of inspections, but may not require a 252
parcel owner to demonstrate any proper purpose for the 253
inspection, state any reason for the inspection, or limit a 254
parcel owner's right to inspect records to less than one 8 -hour 255
business day per month. The association may impose fees to cover 256
the costs of providing copies of the official records, including 257
the costs of copying and the costs required for pe rsonnel to 258
retrieve and copy the records if the time spent retrieving and 259
copying the records exceeds one -half hour and if the personnel 260
costs do not exceed $20 per hour. Personnel costs may not be 261
charged for records requests that result in the copying of 25 or 262
fewer pages. The association may charge up to 25 cents per page 263
for copies made on the association's photocopier. If the 264
association does not have a photocopy machine available where 265
the records are kept, or if the records requested to be copied 266
exceed 25 pages in length, the association may have copies made 267
by an outside duplicating service and may charge the actual cost 268
of copying, as supported by the vendor invoice. The association 269
shall maintain an adequate number of copies of the recorded 270
governing documents, to ensure their availability to members and 271
prospective members. 272
(d) Notwithstanding this subsection paragraph, the 273
following records are not accessible to members or parcel 274
owners: 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
1. Any record protected by the lawyer -client privilege as 276
described in s. 90.502 and any record protected by the work -277
product privilege, including, but not limited to, a record 278
prepared by an association attorney or prepared at the 279
attorney's express direction which reflects a mental impression, 280
conclusion, litigation strategy, or legal theory of the attorney 281
or the association and which was prepared exclusively for civil 282
or criminal litigation or for adversarial administrative 283
proceedings or which was prepared in anticipation of such 284
litigation or proceedings until the conclusion of the litigation 285
or proceedings. 286
2. Information obtained by an association in connection 287
with the approval of the lease, sale, or other transfer of a 288
parcel. 289
3. Information an association obtains in a gated community 290
in connection with guests' visits to parcel owners or community 291
residents. 292
4. Personnel records of association or management company 293
employees, including, but not limited to, disciplinary, payroll, 294
health, and insurance records. For purposes of this 295
subparagraph, the term "personnel records" does not include 296
written employment agreements with an association or management 297
company employee or budgetary or financial records that indicate 298
the compensation paid to an association or management company 299
employee. 300
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5. Medical records of parcel owners or community 301
residents. 302
6. Social security numbers, driver license numbers, credit 303
card numbers, electronic mailing addresses, telephone numbers, 304
facsimile numbers, emergency contact information, any addresses 305
for a parcel owner other than as provided for association notice 306
requirements, and other personal identifying information of any 307
person, excluding the person's name, parcel designation, mailing 308
address, and property address. Notwithstanding the restrictions 309
in this subparagraph, an association may print and distribute to 310
parcel owners a directory containing the name, parcel address, 311
and all telephone numbers of each parcel owner. However, an 312
owner may exclude his or her telephone numbers from the 313
directory by so requesting in writing to the association. An 314
owner may consent in writing to the disclosure of other contact 315
information described in this subparagraph. The association is 316
not liable for the disclosure of information that is protected 317
under this subparagraph if the information is included in an 318
official record of the association and is voluntarily provided 319
by an owner and not requested by the association. 320
7. Any electronic security measure that is used by the 321
association to safeguard data, including passwor ds. 322
8. The software and operating system used by the 323
association which allows the manipulation of data, even if the 324
owner owns a copy of the same software used by the association. 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
The data is part of the official records of the association. 326
9. All affirmative acknowledgments made pursuant to s. 327
720.3085(3)(c)3. 328
(e)(d) The association or its authorized agent is not 329
required to provide a prospective purchaser or lienholder with 330
information about the residential subdivision or the association 331
other than information or documents required by this chapter to 332
be made available or disclosed. The association or its 333
authorized agent may charge a reasonable fee to the prospective 334
purchaser or lienholder or the current parcel owner or member 335
for providing good fai th responses to requests for information 336
by or on behalf of a prospective purchaser or lienholder, other 337
than that required by law, if the fee does not exceed $150 plus 338
the reasonable cost of photocopying and any attorney fees 339
incurred by the association i n connection with the response. 340
(f) If an association receives a subpoena for records from 341
a law enforcement agency, the association must provide a copy of 342
such records or otherwise make the records available for 343
inspection and copying to a law enforceme nt agency within 5 344
business days after receipt of the subpoena, unless otherwise 345
specified by the law enforcement agency or subpoena. An 346
association must assist a law enforcement agency in its 347
investigation to the extent permissible by law. 348
(6) BUDGETS.— 349
(a)1. The association shall prepare an annual budget that 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
sets out the annual operating expenses. The budget must reflect 351
the estimated revenues and expenses for that year and the 352
estimated surplus or deficit as of the end of the current year. 353
The budget must set out separately all fees or charges paid for 354
by the association for recreational amenities, whether owned by 355
the association, the developer, or another person. The 356
association shall provide each member with a copy of the annual 357
budget or a written notice that a copy of the budget is 358
available upon request at no charge to the member. The copy must 359
be provided to the member within the time limits set forth in 360
subsection (5). 361
2. An association that has 2,500 members or more must use 362
an independent certified public accountant to prepare the 363
association's annual budget. Such association must also retain 364
an attorney to advise the association and its members on 365
procedural matters relating to the annual budget and to foster 366
communications between the boa rd and the members of the 367
association. The independent certified public accountant or 368
attorney required under this subparagraph may not be: 369
a. The community association manager or an employee of the 370
community association management firm providing communi ty 371
association management services to the association; or 372
b. An officer or a director of the association or an 373
immediate family member of an officer or a director. 374
(d) An association is deemed to have provided for reserve 375
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accounts upon the affirmative approval of a majority of the 376
total voting interests of the association. Such approval may be 377
obtained by vote of the members at a duly called meeting of the 378
membership or by the written consent of a majority of the total 379
voting interests of the associatio n. The approval action of the 380
membership must state that reserve accounts shall be provided 381
for in the budget and must designate the components for which 382
the reserve accounts are to be established. Upon approval by the 383
membership, the board of directors or the independent certified 384
public accountant, if required under paragraph (a), shall 385
include the required reserve accounts in the budget in the next 386
fiscal year following the approval and each year thereafter. 387
Once established as provided in this subsectio n, the reserve 388
accounts must be funded or maintained or have their funding 389
waived in the manner provided in paragraph (f). 390
(f) After one or more reserve accounts are established, 391
the membership of the association, upon a majority vote at a 392
meeting at which a quorum is present, may provide for no 393
reserves or less reserves than required by this section. If a 394
meeting of the parcel unit owners has been called to determine 395
whether to waive or reduce the funding of reserves and such 396
result is not achieved or a quorum is not present, the reserves 397
as included in the budget go into effect. After the turnover, 398
the developer may vote its voting interest to waive or reduce 399
the funding of reserves. Any vote taken pursuant to this 400
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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
subsection to waive or reduce reserves is applicable only to one 401
budget year. 402
Section 4. Subsections (1) and (3) of section 720.3033, 403
Florida Statutes, are amended to read: 404
720.3033 Officers and directors. — 405
(1)(a) Within 90 days after being elected or appointed to 406
the board, each director shall certify in writing to the 407
secretary of the association that he or she has read the 408
association's declaration of covenants, articles of 409
incorporation, bylaws, and current written rules and policies; 410
that he or she will work to uphold such documents and policies 411
to the best of his or her ability; and that he or she will 412
faithfully discharge his or her fiduciary responsibility to the 413
association's members. Within 90 days after being elected or 414
appointed to the board, in lieu of such written certificat ion, 415
the newly elected or appointed director must may submit a 416
certificate of having satisfactorily completed the educational 417
curriculum administered by a department-approved division-418
approved education provider. 419
1. The newly elected or appointed directo r must complete 420
the department-approved education within 90 days after being 421
elected or appointed. 422
2. The certificate of completion is valid for a maximum of 423
4 years. 424
3. A director must complete such education at least every 425
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4 years. 426
4. The department-approved educational curriculum must 427
include training relating to financial literacy and 428
transparency, recordkeeping, levying of fines, and notice and 429
meeting requirements. 430
5. A newly elected or appointed director of an association 431
that has fewer than 1,000 members must complete at least 4 hours 432
of continuing education annually. 433
6. A newly elected or appointed director of an association 434
that has 1,000 members or more must complete at least 8 hours of 435
continuing education annually within 1 year before or 90 days 436
after the date of election or appointment . 437
(b) The written certification or educational certificate 438
is valid for the uninterrupted tenure of the director on the 439
board. A director who does not timely file the written 440
certification or educational certificate is shall be suspended 441
from the board until he or she complies with the requirement. 442
The board may temporarily fill the vacancy during the period of 443
suspension. 444
(c) The association shall retain each director's written 445
certification or educational certificate for inspection by the 446
members for 5 years after the director's election. However, the 447
failure to have the written certification or educational 448
certificate on file does not affect the validity of any board 449
action. 450
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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
(d) The department shall adopt rules to implement and 451
administer the educational curriculum and continuing education 452
requirements under this subsection. 453
(3) An officer, a director, or a manager may not solicit, 454
offer to accept, or accept, or receive any thing or service of 455
value for which consideration has not been provided for his or 456
her benefit or for the benefit of a member of his or her 457
immediate family from any person providing or proposing to 458
provide goods or services to the association. An off icer, a 459
director, or a manager who knowingly solicits, offers to accept, 460
or accepts, or receives any thing or service of value or 461
kickback that is at least $25 but not more than $1,000 for which 462
consideration has not been provided for his or her own benefi t 463
or that of his or her immediate family from any person providing 464
or proposing to provide goods or services to the association 465
commits a misdemeanor of the first degree, punishable as 466
provided in s. 775.082 or s. 775.083 and is subject to monetary 467
damages under s. 617.0834. If such thing or kickback is valued 468
at $1,000 or more, the officer, director, or manager commits a 469
felony of the third degree, punishable as provided in s. 470
775.082, s. 775.083, or s. 775.084 and is subject to monetary 471
damages under s. 617.0834. If the board finds that an officer or 472
a director has violated this subsection, the board shall 473
immediately remove the officer or director from office. The 474
vacancy shall be filled according to law until the end of the 475
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officer's or director's term o f office. However, an officer, a 476
director, or a manager may accept food to be consumed at a 477
business meeting with a value of less than $25 per individual or 478
a service or good received in connection with trade fairs or 479
education programs. 480
Section 5. Subsections (1) and (4) of section 720.3035, 481
Florida Statutes, are amended to read: 482
720.3035 Architectural control covenants; parcel owner 483
improvements; rights and privileges. — 484
(1) The authority of an association or any architectural, 485
construction improve ment, or other such similar committee of an 486
association to review and approve plans and specifications for 487
the location, size, type, or appearance of any structure or 488
other improvement on a parcel, or to enforce standards for the 489
external appearance of any structure or improvement located on a 490
parcel, is shall be permitted only to the extent that the 491
authority is specifically stated or reasonably inferred as to 492
such location, size, type, or appearance in the declaration of 493
covenants or other published guide lines and standards authorized 494
by the declaration of covenants. An association or any 495
architectural, construction improvement, or similar committee of 496
an association must reasonably and equitably apply and enforce 497
on all parcel owners the architectural and construction 498
improvement standards authorized by the declaration of covenants 499
or other published guidelines and standards authorized by the 500
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declaration of covenants. 501
(4) Each parcel owner is shall be entitled to the rights 502
and privileges set forth in th e declaration of covenants or 503
other published guidelines and standards authorized by the 504
declaration of covenants concerning the architectural use of the 505
parcel, and the construction of permitted structures and 506
improvements on the parcel and such rights an d privileges may 507
shall not be unreasonably infringed upon or impaired by the 508
association or any architectural, construction improvement, or 509
other such similar committee of the association. If the 510
association or any architectural, construction improvement, or 511
other such similar committee of the association denies a parcel 512
owner's request or application for the construction of a 513
structure or other improvement on a parcel, the association or 514
committee must provide written notice to the parcel owner 515
stating with specificity the rule or covenant on which the 516
association or committee relied when denying the request or 517
application and the specific aspect or part of the proposed 518
improvement that does not conform to such rule or covenant. If 519
the association or any ar chitectural, construction improvement, 520
or other such similar committee of the association should 521
unreasonably, knowingly, and willfully infringe upon or impair 522
the rights and privileges set forth in the declaration of 523
covenants or other published guideline s and standards authorized 524
by the declaration of covenants, the adversely affected parcel 525
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owner is shall be entitled to recover damages caused by such 526
infringement or impairment, including any costs and reasonable 527
attorney attorney's fees incurred in prese rving or restoring the 528
rights and privileges of the parcel owner set forth in the 529
declaration of covenants or other published guidelines and 530
standards authorized by the declaration of covenants. 531
Section 6. Paragraph (c) of subsection (3) of section 532
720.3085, Florida Statutes, is amended to read: 533
720.3085 Payment for assessments; lien claims. — 534
(3) Assessments and installments on assessments that are 535
not paid when due bear interest from the due date until paid at 536
the rate provided in the declaration o f covenants or the bylaws 537
of the association, which rate may not exceed the rate allowed 538
by law. If no rate is provided in the declaration or bylaws, 539
interest accrues at the rate of 18 percent per year. 540
(c)1. If an association sends out an invoice for 541
assessments or a parcel's statement of the account described in 542
s. 720.303(4)(a)10.b. s. 720.303(4)(j)2., the invoice for 543
assessments or the parcel's statement of account must be 544
delivered to the parcel owner by first -class United States mail 545
or by electronic transmission to the parcel owner's e -mail 546
address maintained in the association's official records. 547
2. Before changing the method of delivery for an invoice 548
for assessments or the statement of the account, the association 549
must deliver a written notice of such change to each parcel 550
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owner. The written notice must be delivered to the parcel owner 551
at least 30 days before the association sends the invoice for 552
assessments or the statement of the account by the new delivery 553
method. The notice must be sent by f irst-class United States 554
mail to the owner at his or her last address as reflected in the 555
association's records and, if such address is not the parcel 556
address, must be sent by first -class United States mail to the 557
parcel address. Notice is deemed to have b een delivered upon 558
mailing as required by this subparagraph. 559
3. A parcel owner must affirmatively acknowledge his or 560
her understanding that the association will change its method of 561
delivery of the invoice for assessments or the statement of the 562
account before the association may change the method of 563
delivering an invoice for assessments or the statement of 564
account. The parcel owner may make the affirmative 565
acknowledgment electronically or in writing. 566
Section 7. This act shall take effect July 1, 2024. 567