CS/HB 1243 2024 CODING: Words stricken are deletions; words underlined are additions. hb1243-01-c1 Page 1 of 23 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 CS/HB 1243 2024 CODING: Words stricken are deletions; words underlined are additions. hb1243-01-c1 Page 2 of 23 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 directors to complete a certain number of 34 hours of continuing education annually; requiring the 35 Department of Business and Professional Regulat ion to 36 adopt certain rules; providing criminal penalties for 37 certain actions by an officer, a director, or a 38 manager of an association; amending s. 720.3035, F.S.; 39 requiring an association or any architectural, 40 construction improvement, or other such simil ar 41 committee of an association to apply and enforce 42 certain standards reasonably and equitably; requiring 43 an association or any architectural, construction 44 improvement, or other such similar committee of an 45 association to provide certain written notice to a 46 parcel owner; amending s. 720.3085, F.S.; conforming a 47 cross-reference; providing an effective date. 48 49 Be It Enacted by the Legislature of the State of Florida: 50 CS/HB 1243 2024 CODING: Words stricken are deletions; words underlined are additions. hb1243-01-c1 Page 3 of 23 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 51 Section 1. Subsection (3) is added to section 468.4334, 52 Florida Statutes, to read: 53 468.4334 Professional practice standards; liability ; 54 community association manager requirements .— 55 (3) A community association manager or community 56 association management firm that is authorized by contract to 57 provide community association management serv ices to a 58 homeowners' association must do all of the following: 59 (a) Attend in person at least one member meeting or board 60 meeting of the homeowners' association annually. 61 (b) Provide to the members of the homeowners' association 62 the name and contact in formation for each community association 63 manager or representative of a community association management 64 firm assigned to the homeowners' association, the manager's or 65 representative's hours of availability, and a summary of the 66 duties for which the manage r or representative is responsible. 67 The homeowners' association must also post this information on 68 the association's website or application required under s. 69 720.303(4)(b). The community association manager or community 70 association management firm must upd ate the homeowners' 71 association and its members within 14 business days after any 72 change to such information. 73 (c) Provide to any member upon request a copy of the 74 contract between the community association manager or community 75 CS/HB 1243 2024 CODING: Words stricken are deletions; words underlined are additions. hb1243-01-c1 Page 4 of 23 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 management firm and the homeowners' association and 76 include such contract with association's governing documents. 77 Section 2. Section 468.4337, Florida Statutes, is amended 78 to read: 79 468.4337 Continuing education. —The department may not 80 renew a license until the lice nsee submits proof that the 81 licensee has completed the requisite hours of continuing 82 education. No more than 10 hours of continuing education 83 annually shall be required for renewal of a license. The number 84 of continuing education hours, criteria, and cours e content 85 shall be approved by the council by rule. The council may not 86 require more than 10 hours of continuing education annually for 87 renewal of a license. A community association manager who 88 provides community association management services to a 89 homeowners' association must biennially complete at least 5 90 hours of continuing education that pertains specifically to 91 homeowners' associations, 3 hours of which must relate to 92 recordkeeping. 93 Section 3. Subsections (4) and (5) and paragraphs (a), 94 (d), and (f) of subsection (6) of section 720.303, Florida 95 Statutes, are amended to read: 96 720.303 Association powers and duties; meetings of board; 97 official records; budgets; financial reporting; association 98 funds; recalls.— 99 (4) OFFICIAL RECORDS. — 100 CS/HB 1243 2024 CODING: Words stricken are deletions; words underlined are additions. hb1243-01-c1 Page 5 of 23 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) The association shall maintain each of the following 101 items, when applicable, for at least 7 years, unless the 102 governing documents of the association require a longer period 103 of time, which constitute the official records of the 104 association: 105 1.(a) Copies of any plans, specifications, permits, and 106 warranties related to improvements constructed on the common 107 areas or other property that the association is obligated to 108 maintain, repair, or replace. 109 2.(b) A copy of the bylaws of the association and of each 110 amendment to the bylaws. 111 3.(c) A copy of the articles of incorporation of the 112 association and of each amendment thereto. 113 4.(d) A copy of the declaration of covenants and a copy of 114 each amendment thereto. 115 5.(e) A copy of the current rules of t he homeowners' 116 association. 117 6.(f) The minutes of all meetings of the board of 118 directors and of the members , which minutes must be retained for 119 at least 7 years. 120 7.(g) A current roster of all members and their designated 121 mailing addresses and parcel ide ntifications. A member's 122 designated mailing address is the member's property address, 123 unless the member has sent written notice to the association 124 requesting that a different mailing address be used for all 125 CS/HB 1243 2024 CODING: Words stricken are deletions; words underlined are additions. hb1243-01-c1 Page 6 of 23 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 required notices. The association shall also main tain the e-mail 126 addresses and the facsimile numbers designated by members for 127 receiving notice sent by electronic transmission of those 128 members consenting to receive notice by electronic transmission. 129 A member's e-mail address is the e -mail address the mem ber 130 provided when consenting in writing to receiving notice by 131 electronic transmission, unless the member has sent written 132 notice to the association requesting that a different e -mail 133 address be used for all required notices. The e -mail addresses 134 and facsimile numbers provided by members to receive notice by 135 electronic transmission must be removed from association records 136 when the member revokes consent to receive notice by electronic 137 transmission. However, the association is not liable for an 138 erroneous disclosure of the e-mail address or the facsimile 139 number for receiving electronic transmission of notices. 140 8.(h) All of the association's insurance policies or a 141 copy thereof, which policies must be retained for at least 7 142 years. 143 9.(i) A current copy of all contracts to which the 144 association is a party, including, without limitation, any 145 management agreement, lease, or other contract under which the 146 association has any obligation or responsibility. Bids received 147 by the association for work to be performed are must also be 148 considered official records and must be kept for a period of 1 149 year. 150 CS/HB 1243 2024 CODING: Words stricken are deletions; words underlined are additions. hb1243-01-c1 Page 7 of 23 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.(j) The financial and accounting records of the 151 association, kept according to good accounting practices. All 152 financial and accounting records must be maintained for a period 153 of at least 7 years. The financial and accounting records must 154 include: 155 a.1. Accurate, itemized, and detailed records of all 156 receipts and expenditures. 157 b.2. A current account and a periodic statement of the 158 account for each member, designatin g the name and current 159 address of each member who is obligated to pay assessments, the 160 due date and amount of each assessment or other charge against 161 the member, the date and amount of each payment on the account, 162 and the balance due. 163 c.3. All tax returns, financial statements, and financial 164 reports of the association. 165 d.4. Any other records that identify, measure, record, or 166 communicate financial information. 167 11.(k) A copy of the disclosure summary described in s. 168 720.401(1). 169 12.(l) Ballots, sign-in sheets, voting proxies, and all 170 other papers and electronic records relating to voting by parcel 171 owners, which must be maintained for at least 1 year after the 172 date of the election, vote, or meeting. 173 13.(m) All affirmative acknowledgme nts made pursuant to s. 174 720.3085(3)(c)3. 175 CS/HB 1243 2024 CODING: Words stricken are deletions; words underlined are additions. hb1243-01-c1 Page 8 of 23 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 14.(n) All other written records of the association not 176 specifically included in this subsection which are related to 177 the operation of the association. 178 (b)1. By January 1, 2025, an association shall post a 179 current digital copy of the documents specified in paragraph (a) 180 on its website or make such documents available through an 181 application that can be downloaded on a mobile device. 182 2. The association's website or application must be 183 accessible through the Inter net and must contain a subpage, web 184 portal, or other protected electronic location that is 185 inaccessible to the general public and accessible only to parcel 186 owners and employees of the association. 187 3. Upon written request by a parcel owner, the associatio n 188 must provide the parcel owner with a username and password and 189 access to the protected sections of the association's website or 190 application which contains the official documents of the 191 association. 192 4. The association shall ensure that the information a nd 193 records described in paragraph (5)(d), which are not allowed to 194 be accessible to parcel owners, are not posted on the 195 association's website or application. If protected information 196 or information restricted from being accessible to parcel owners 197 is included in documents that are required to be posted on the 198 association's website or application, the association must 199 ensure the information is redacted before posting the documents. 200 CS/HB 1243 2024 CODING: Words stricken are deletions; words underlined are additions. hb1243-01-c1 Page 9 of 23 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 Notwithstanding the foregoing, the association or its authorized 201 agent is not liable for disclosing information that is protected 202 or restricted under paragraph (5)(d) unless such disclosure was 203 made with a knowing or intentional disregard of the protected or 204 restricted nature of such information. 205 (c) The association shall adopt written rules governing 206 the method or policy by which the official records of the 207 association are to be retained and for how long such records 208 must be retained. Such information must be made available to the 209 parcel owners through the association's website or application. 210 (5) INSPECTION AND COPYING OF RECORDS. —Unless otherwise 211 provided by law or the governing documents of the association, 212 the official records must shall be maintained within the state 213 for at least 7 years and shall be made available to a pa rcel 214 owner for inspection or photocopying within 45 miles of the 215 community or within the county in which the association is 216 located within 10 business days after receipt by the board or 217 its designee of a written request from the parcel owner . This 218 subsection may be complied with by having a copy of the official 219 records available for inspection or copying in the community or , 220 at the option of the association, by making the records 221 available to a parcel owner electronically via the association's 222 website or application Internet or by allowing the records to be 223 viewed in electronic format on a computer screen and printed 224 upon request. If the association has a photocopy machine 225 CS/HB 1243 2024 CODING: Words stricken are deletions; words underlined are additions. hb1243-01-c1 Page 10 of 23 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 available where the records are maintained, it must provide 226 parcel owners with copies on request during the inspection if 227 the entire request is limited to no more than 25 pages. An 228 association shall allow a member or his or her authorized 229 representative to use a portable device, including a smartphone, 230 tablet, portable scanner, or any other technology capable of 231 scanning or taking photographs, to make an electronic copy of 232 the official records in lieu of the association's providing the 233 member or his or her authorized representative with a copy of 234 such records. The association may not charge a fee to a member 235 or his or her authorized representative for the use of a 236 portable device. 237 (a) The failure of an association to provide access to the 238 records within 10 business days after receipt of a written 239 request submitted by certified mail, return receipt requested, 240 creates a rebuttable presumption that the association willfully 241 failed to comply with this subsection. 242 (b) A member who is denied access to official records is 243 entitled to the actual damages or minimum damages for the 244 association's willful failure to comply with this subsection. 245 The minimum damages are to be $50 per calendar day up to 10 246 days, the calculation to begin on the 11th business day after 247 receipt of the written request. 248 (c) The association may adopt reasonable written rules 249 governing the frequency, time, location, notice, records to be 250 CS/HB 1243 2024 CODING: Words stricken are deletions; words underlined are additions. hb1243-01-c1 Page 11 of 23 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 inspected, and manner of inspections, but may not require a 251 parcel owner to demonstrate any proper purpose for the 252 inspection, state any reason for the inspection, or limit a 253 parcel owner's right to inspect records to less than one 8 -hour 254 business day per month. The association may impose fees to cover 255 the costs of providing copies of the official records, including 256 the costs of copying and the costs required for personnel to 257 retrieve and copy the records if the time spent retrieving and 258 copying the records exceeds one -half hour and if the personnel 259 costs do not exceed $20 per hour. Personnel costs may not be 260 charged for records requests that result in the copying of 25 or 261 fewer pages. The associ ation may charge up to 25 cents per page 262 for copies made on the association's photocopier. If the 263 association does not have a photocopy machine available where 264 the records are kept, or if the records requested to be copied 265 exceed 25 pages in length, the as sociation may have copies made 266 by an outside duplicating service and may charge the actual cost 267 of copying, as supported by the vendor invoice. The association 268 shall maintain an adequate number of copies of the recorded 269 governing documents, to ensure their availability to members and 270 prospective members. 271 (d) Notwithstanding this subsection paragraph, the 272 following records are not accessible to members or parcel 273 owners: 274 1. Any record protected by the lawyer -client privilege as 275 CS/HB 1243 2024 CODING: Words stricken are deletions; words underlined are additions. hb1243-01-c1 Page 12 of 23 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 described in s. 90.502 and any record protected by the work -276 product privilege, including, but not limited to, a record 277 prepared by an association attorney or prepared at the 278 attorney's express direction which reflects a mental impression, 279 conclusion, litigation strategy, or legal t heory of the attorney 280 or the association and which was prepared exclusively for civil 281 or criminal litigation or for adversarial administrative 282 proceedings or which was prepared in anticipation of such 283 litigation or proceedings until the conclusion of the l itigation 284 or proceedings. 285 2. Information obtained by an association in connection 286 with the approval of the lease, sale, or other transfer of a 287 parcel. 288 3. Information an association obtains in a gated community 289 in connection with guests' visits to parcel owners or community 290 residents. 291 4. Personnel records of association or management company 292 employees, including, but not limited to, disciplinary, payroll, 293 health, and insurance records. For purposes of this 294 subparagraph, the term "personnel records " does not include 295 written employment agreements with an association or management 296 company employee or budgetary or financial records that indicate 297 the compensation paid to an association or management company 298 employee. 299 5. Medical records of parcel owner s or community 300 CS/HB 1243 2024 CODING: Words stricken are deletions; words underlined are additions. hb1243-01-c1 Page 13 of 23 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 residents. 301 6. Social security numbers, driver license numbers, credit 302 card numbers, electronic mailing addresses, telephone numbers, 303 facsimile numbers, emergency contact information, any addresses 304 for a parcel owner other than as provided for association notice 305 requirements, and other personal identifying information of any 306 person, excluding the person's name, parcel designation, mailing 307 address, and property address. Notwithstanding the restrictions 308 in this subparagraph, an association may print and distribute to 309 parcel owners a directory containing the name, parcel address, 310 and all telephone numbers of each parcel owner. However, an 311 owner may exclude his or her telephone numbers from the 312 directory by so requesting in writing to the associa tion. An 313 owner may consent in writing to the disclosure of other contact 314 information described in this subparagraph. The association is 315 not liable for the disclosure of information that is protected 316 under this subparagraph if the information is included in an 317 official record of the association and is voluntarily provided 318 by an owner and not requested by the association. 319 7. Any electronic security measure that is used by the 320 association to safeguard data, including passwords. 321 8. The software and operatin g system used by the 322 association which allows the manipulation of data, even if the 323 owner owns a copy of the same software used by the association. 324 The data is part of the official records of the association. 325 CS/HB 1243 2024 CODING: Words stricken are deletions; words underlined are additions. hb1243-01-c1 Page 14 of 23 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 9. All affirmative acknowledgments made pursu ant to s. 326 720.3085(3)(c)3. 327 (e)(d) The association or its authorized agent is not 328 required to provide a prospective purchaser or lienholder with 329 information about the residential subdivision or the association 330 other than information or documents required by this chapter to 331 be made available or disclosed. The association or its 332 authorized agent may charge a reasonable fee to the prospective 333 purchaser or lienholder or the current parcel owner or member 334 for providing good faith responses to requests for infor mation 335 by or on behalf of a prospective purchaser or lienholder, other 336 than that required by law, if the fee does not exceed $150 plus 337 the reasonable cost of photocopying and any attorney fees 338 incurred by the association in connection with the response. 339 (f) If an association receives a subpoena for records from 340 a law enforcement agency, the association must provide a copy of 341 such records or otherwise make the records available for 342 inspection and copying to a law enforcement agency within 5 343 business days after receipt of the subpoena, unless otherwise 344 specified by the law enforcement agency or subpoena. An 345 association must assist a law enforcement agency in its 346 investigation to the extent permissible by law. 347 (6) BUDGETS.— 348 (a)1. The association shall pre pare an annual budget that 349 sets out the annual operating expenses. The budget must reflect 350 CS/HB 1243 2024 CODING: Words stricken are deletions; words underlined are additions. hb1243-01-c1 Page 15 of 23 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 estimated revenues and expenses for that year and the 351 estimated surplus or deficit as of the end of the current year. 352 The budget must set out separately all fees or charges paid for 353 by the association for recreational amenities, whether owned by 354 the association, the developer, or another person. The 355 association shall provide each member with a copy of the annual 356 budget or a written notice that a copy of the budget is 357 available upon request at no charge to the member. The copy must 358 be provided to the member within the time limits set forth in 359 subsection (5). 360 2. An association that has 2,500 members or more must use 361 an independent certified public accountant to pre pare the 362 association's annual budget. Such association must also retain 363 an attorney to advise the association and its members on 364 procedural matters relating to the annual budget and to foster 365 communications between the board and the members of the 366 association. The independent certified public accountant or 367 attorney required under this subparagraph may not be: 368 a. The community association manager or an employee of the 369 community association management firm providing community 370 association management services to the association; or 371 b. An officer or a director of the association or an 372 immediate family member of an officer or a director. 373 (d) An association is deemed to have provided for reserve 374 accounts upon the affirmative approval of a majority of the 375 CS/HB 1243 2024 CODING: Words stricken are deletions; words underlined are additions. hb1243-01-c1 Page 16 of 23 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 total voting interests of the association. Such approval may be 376 obtained by vote of the members at a duly called meeting of the 377 membership or by the written consent of a majority of the total 378 voting interests of the association. The approval action of the 379 membership must state that reserve accounts shall be provided 380 for in the budget and must designate the components for which 381 the reserve accounts are to be established. Upon approval by the 382 membership, the board of directors or the independent certified 383 public accountant, if required under paragraph (a), shall 384 include the required reserve accounts in the budget in the next 385 fiscal year following the approval and each year thereafter. 386 Once established as provided in this subsection, the reserve 387 accounts must be funded or maintained or have their funding 388 waived in the manner provided in paragraph (f). 389 (f) After one or more reserve accounts are established, 390 the membership of the association, upon a majority vote at a 391 meeting at which a quorum is present, may provid e for no 392 reserves or less reserves than required by this section. If a 393 meeting of the parcel unit owners has been called to determine 394 whether to waive or reduce the funding of reserves and such 395 result is not achieved or a quorum is not present, the reserve s 396 as included in the budget go into effect. After the turnover, 397 the developer may vote its voting interest to waive or reduce 398 the funding of reserves. Any vote taken pursuant to this 399 subsection to waive or reduce reserves is applicable only to one 400 CS/HB 1243 2024 CODING: Words stricken are deletions; words underlined are additions. hb1243-01-c1 Page 17 of 23 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 budget year. 401 Section 4. Subsections (1) and (3) of section 720.3033, 402 Florida Statutes, are amended to read: 403 720.3033 Officers and directors. — 404 (1)(a) Within 90 days after being elected or appointed to 405 the board, each director shall certify in writing to the 406 secretary of the association that he or she has read the 407 association's declaration of covenants, articles of 408 incorporation, bylaws, and current written rules and policies; 409 that he or she will work to uphold such documents and policies 410 to the best of his o r her ability; and that he or she will 411 faithfully discharge his or her fiduciary responsibility to the 412 association's members. Within 90 days after being elected or 413 appointed to the board, in lieu of such written certification, 414 the newly elected or appointe d director must may submit a 415 certificate of having satisfactorily completed the educational 416 curriculum administered by a department-approved division-417 approved education provider. 418 1. The newly elected or appointed director must complete 419 the department-approved education for newly elected or appointed 420 directors within 90 days after being elected or appointed. 421 2. The certificate of completion is valid for a maximum of 422 4 years. 423 3. A director must complete the education specific to 424 newly elected or appoint ed directors at least every 4 years. 425 CS/HB 1243 2024 CODING: Words stricken are deletions; words underlined are additions. hb1243-01-c1 Page 18 of 23 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. The department-approved educational curriculum specific 426 to newly elected or appointed directors must include training 427 relating to financial literacy and transparency, recordkeeping, 428 levying of fines, and notice and meeting requirements. 429 5. In addition to the educational curriculum specific to 430 newly elected or appointed directors: 431 a. A director of an association that has fewer than 2,500 432 members must complete at least 4 hours of continuing education 433 annually. 434 b. A director of an association that has 2,500 members or 435 more must complete at least 8 hours of continuing education 436 annually within 1 year before or 90 days after the date of 437 election or appointment . 438 (b) The written certification or educational certificate 439 is valid for the uninterrupted tenure of the director on the 440 board. A director who does not timely file the written 441 certification or educational certificate is shall be suspended 442 from the board until he or she complies with the requirement. 443 The board may temporarily fill the vacancy during the period of 444 suspension. 445 (c) The association shall retain each director's written 446 certification or educational certificate for inspection by the 447 members for 5 years after the director's election. However, t he 448 failure to have the written certification or educational 449 certificate on file does not affect the validity of any board 450 CS/HB 1243 2024 CODING: Words stricken are deletions; words underlined are additions. hb1243-01-c1 Page 19 of 23 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 action. 451 (d) The department shall adopt rules to implement and 452 administer the educational curriculum and continuing education 453 requirements under this subsection. 454 (3) An officer, a director, or a manager may not solicit, 455 offer to accept, or accept, or receive any thing or service of 456 value for which consideration has not been provided for his or 457 her benefit or for the benefit of a member of his or her 458 immediate family from any person providing or proposing to 459 provide goods or services to the association. An officer, a 460 director, or a manager who knowingly solicits, offers to accept, 461 or accepts, or receives any thing or service of v alue or 462 kickback that is at least $25 but not more than $1,000 for which 463 consideration has not been provided for his or her own benefit 464 or that of his or her immediate family from any person providing 465 or proposing to provide goods or services to the associ ation 466 commits a misdemeanor of the first degree, punishable as 467 provided in s. 775.082 or s. 775.083 and is subject to monetary 468 damages under s. 617.0834. If such thing or kickback is valued 469 at $1,000 or more, the officer, director, or manager commits a 470 felony of the third degree, punishable as provided in s. 471 775.082, s. 775.083, or s. 775.084 and is subject to monetary 472 damages under s. 617.0834. If the board finds that an officer or 473 a director has violated this subsection, the board shall 474 immediately remove the officer or director from office. The 475 CS/HB 1243 2024 CODING: Words stricken are deletions; words underlined are additions. hb1243-01-c1 Page 20 of 23 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 vacancy shall be filled according to law until the end of the 476 officer's or director's term of office. However, an officer, a 477 director, or a manager may accept food to be consumed at a 478 business meeting with a value of less than $25 per individual or 479 a service or good received in connection with trade fairs or 480 education programs. 481 Section 5. Subsections (1) and (4) of section 720.3035, 482 Florida Statutes, are amended to read: 483 720.3035 Architectural control covenant s; parcel owner 484 improvements; rights and privileges. — 485 (1) The authority of an association or any architectural, 486 construction improvement, or other such similar committee of an 487 association to review and approve plans and specifications for 488 the location, size, type, or appearance of any structure or 489 other improvement on a parcel, or to enforce standards for the 490 external appearance of any structure or improvement located on a 491 parcel, is shall be permitted only to the extent that the 492 authority is specifically stated or reasonably inferred as to 493 such location, size, type, or appearance in the declaration of 494 covenants or other published guidelines and standards authorized 495 by the declaration of covenants. An association or any 496 architectural, construction improvem ent, or similar committee of 497 an association must reasonably and equitably apply and enforce 498 on all parcel owners the architectural and construction 499 improvement standards authorized by the declaration of covenants 500 CS/HB 1243 2024 CODING: Words stricken are deletions; words underlined are additions. hb1243-01-c1 Page 21 of 23 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 or other published guidelines and standards authorized by the 501 declaration of covenants. 502 (4) Each parcel owner is shall be entitled to the rights 503 and privileges set forth in the declaration of covenants or 504 other published guidelines and standards authorized by the 505 declaration of covenants concerni ng the architectural use of the 506 parcel, and the construction of permitted structures and 507 improvements on the parcel and such rights and privileges may 508 shall not be unreasonably infringed upon or impaired by the 509 association or any architectural, constructio n improvement, or 510 other such similar committee of the association. If the 511 association or any architectural, construction improvement, or 512 other such similar committee of the association denies a parcel 513 owner's request or application for the construction of a 514 structure or other improvement on a parcel, the association or 515 committee must provide written notice to the parcel owner 516 stating with specificity the rule or covenant on which the 517 association or committee relied when denying the request or 518 application and the specific aspect or part of the proposed 519 improvement that does not conform to such rule or covenant. If 520 the association or any architectural, construction improvement, 521 or other such similar committee of the association should 522 unreasonably, knowingly, and willfully infringe upon or impair 523 the rights and privileges set forth in the declaration of 524 covenants or other published guidelines and standards authorized 525 CS/HB 1243 2024 CODING: Words stricken are deletions; words underlined are additions. hb1243-01-c1 Page 22 of 23 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 by the declaration of covenants, the adversely affected parcel 526 owner is shall be entitled to recover damages caused by such 527 infringement or impairment, including any costs and reasonable 528 attorney attorney's fees incurred in preserving or restoring the 529 rights and privileges of the parcel owner set forth in the 530 declaration of covenants or other publis hed guidelines and 531 standards authorized by the declaration of covenants. 532 Section 6. Paragraph (c) of subsection (3) of section 533 720.3085, Florida Statutes, is amended to read: 534 720.3085 Payment for assessments; lien claims. — 535 (3) Assessments and insta llments on assessments that are 536 not paid when due bear interest from the due date until paid at 537 the rate provided in the declaration of covenants or the bylaws 538 of the association, which rate may not exceed the rate allowed 539 by law. If no rate is provided in the declaration or bylaws, 540 interest accrues at the rate of 18 percent per year. 541 (c)1. If an association sends out an invoice for 542 assessments or a parcel's statement of the account described in 543 s. 720.303(4)(a)10.b. s. 720.303(4)(j)2., the invoice for 544 assessments or the parcel's statement of account must be 545 delivered to the parcel owner by first -class United States mail 546 or by electronic transmission to the parcel owner's e -mail 547 address maintained in the association's official records. 548 2. Before changing the method of delivery for an invoice 549 for assessments or the statement of the account, the association 550 CS/HB 1243 2024 CODING: Words stricken are deletions; words underlined are additions. hb1243-01-c1 Page 23 of 23 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 must deliver a written notice of such change to each parcel 551 owner. The written notice must be delivered to the parcel owner 552 at least 30 days before the association sends the invoice for 553 assessments or the statement of the account by the new delivery 554 method. The notice must be sent by first -class United States 555 mail to the owner at his or her last address as reflected in the 556 association's records and, if su ch address is not the parcel 557 address, must be sent by first -class United States mail to the 558 parcel address. Notice is deemed to have been delivered upon 559 mailing as required by this subparagraph. 560 3. A parcel owner must affirmatively acknowledge his or 561 her understanding that the association will change its method of 562 delivery of the invoice for assessments or the statement of the 563 account before the association may change the method of 564 delivering an invoice for assessments or the statement of 565 account. The parcel owner may make the affirmative 566 acknowledgment electronically or in writing. 567 Section 7. This act shall take effect July 1, 2024. 568