| 51 | | - | timeframe; requiring an association to assi st in a law 26 |
|---|
| 52 | | - | enforcement investigation as allowed by law; requiring 27 |
|---|
| 53 | | - | certain associations to prepare audited financial 28 |
|---|
| 54 | | - | statements; prohibiting associations from preparing 29 |
|---|
| 55 | | - | financial statements for consecutive fiscal years; 30 |
|---|
| 56 | | - | prohibiting certain persons from usi ng a debit card 31 |
|---|
| 57 | | - | issued in the name of the association for certain 32 |
|---|
| 58 | | - | purposes; providing a criminal penalty; defining the 33 |
|---|
| 59 | | - | term "lawful obligation of the association"; amending 34 |
|---|
| 60 | | - | s. 720.3033, F.S.; providing education requirements 35 |
|---|
| 61 | | - | for newly elected or appointed directors; providing 36 |
|---|
| 62 | | - | requirements for the educational curriculum; requiring 37 |
|---|
| 63 | | - | certain directors to complete a certain number of 38 |
|---|
| 64 | | - | hours of continuing education annually; requiring the 39 |
|---|
| 65 | | - | Department of Business and Professional Regulation to 40 |
|---|
| 66 | | - | adopt certain rules; p roviding criminal penalties for 41 |
|---|
| 67 | | - | certain actions by an officer, a director, or a 42 |
|---|
| 68 | | - | manager of an association; defining the term 43 |
|---|
| 69 | | - | "kickback"; requiring a vacancy to be declared if a 44 |
|---|
| 70 | | - | director or an officer is charged by information for 45 |
|---|
| 71 | | - | any criminal violation und er the chapter; amending s. 46 |
|---|
| 72 | | - | 720.3035, F.S.; requiring an association or any 47 |
|---|
| 73 | | - | architectural, construction improvement, or other such 48 |
|---|
| 74 | | - | similar committee of an association to apply and 49 |
|---|
| 75 | | - | enforce certain standards reasonably and equitably; 50 |
|---|
| 51 | + | that certain associations use an independent certified 26 |
|---|
| 52 | + | public accountant to prepare its annual budget; 27 |
|---|
| 53 | + | requiring certain associations to retain an attorney 28 |
|---|
| 54 | + | for certain purposes; prohibiting certain persons from 29 |
|---|
| 55 | + | acting as the accountant or attorney; amending s. 30 |
|---|
| 56 | + | 720.3033, F.S.; providing education requirements fo r 31 |
|---|
| 57 | + | newly elected or appointed directors; providing 32 |
|---|
| 58 | + | requirements for the educational curriculum; requiring 33 |
|---|
| 59 | + | certain directors to complete a certain number of 34 |
|---|
| 60 | + | hours of continuing education annually; requiring the 35 |
|---|
| 61 | + | Department of Business and Professional Regulat ion to 36 |
|---|
| 62 | + | adopt certain rules; providing criminal penalties for 37 |
|---|
| 63 | + | certain actions by an officer, a director, or a 38 |
|---|
| 64 | + | manager of an association; amending s. 720.3035, F.S.; 39 |
|---|
| 65 | + | requiring an association or any architectural, 40 |
|---|
| 66 | + | construction improvement, or other such simil ar 41 |
|---|
| 67 | + | committee of an association to apply and enforce 42 |
|---|
| 68 | + | certain standards reasonably and equitably; requiring 43 |
|---|
| 69 | + | an association or any architectural, construction 44 |
|---|
| 70 | + | improvement, or other such similar committee of an 45 |
|---|
| 71 | + | association to provide certain written notice to a 46 |
|---|
| 72 | + | parcel owner; amending s. 720.3085, F.S.; conforming a 47 |
|---|
| 73 | + | cross-reference; providing an effective date. 48 |
|---|
| 74 | + | 49 |
|---|
| 75 | + | Be It Enacted by the Legislature of the State of Florida: 50 |
|---|
| 88 | | - | requiring an association or any architectural, 51 |
|---|
| 89 | | - | construction improvement, or other such similar 52 |
|---|
| 90 | | - | committee of an association to provide certain written 53 |
|---|
| 91 | | - | notice to a parcel owner; amending s. 720.3085, F.S.; 54 |
|---|
| 92 | | - | conforming a cross-reference; amending s. 720.317, 55 |
|---|
| 93 | | - | F.S.; providing that a ho meowner may consent to online 56 |
|---|
| 94 | | - | voting electronically, as well as in writing, and that 57 |
|---|
| 95 | | - | association boards must establish reasonable 58 |
|---|
| 96 | | - | procedures for giving such consent; providing an 59 |
|---|
| 97 | | - | effective date. 60 |
|---|
| 98 | | - | 61 |
|---|
| 99 | | - | Be It Enacted by the Legislature of the State of Florida : 62 |
|---|
| 100 | | - | 63 |
|---|
| 101 | | - | Section 1. Subsection (3) is added to section 468.4334, 64 |
|---|
| 102 | | - | Florida Statutes, to read: 65 |
|---|
| 103 | | - | 468.4334 Professional practice standards; liability ; 66 |
|---|
| 104 | | - | community association manager requirements .— 67 |
|---|
| 105 | | - | (3) A community association manager or community 68 |
|---|
| 106 | | - | association management firm that is authorized by contract to 69 |
|---|
| 107 | | - | provide community association management services to a 70 |
|---|
| 108 | | - | homeowners' association must do all of the following: 71 |
|---|
| 109 | | - | (a) Attend in person at least one member meeting or board 72 |
|---|
| 110 | | - | meeting of the homeowners' association a nnually. 73 |
|---|
| 111 | | - | (b) Provide to the members of the homeowners' association 74 |
|---|
| 112 | | - | the name and contact information for each community association 75 |
|---|
| 88 | + | 51 |
|---|
| 89 | + | Section 1. Subsection (3) is added to section 468.4334, 52 |
|---|
| 90 | + | Florida Statutes, to read: 53 |
|---|
| 91 | + | 468.4334 Professional practice standards; liability ; 54 |
|---|
| 92 | + | community association manager requirements .— 55 |
|---|
| 93 | + | (3) A community association manager or community 56 |
|---|
| 94 | + | association management firm that is authorized by contract to 57 |
|---|
| 95 | + | provide community association management serv ices to a 58 |
|---|
| 96 | + | homeowners' association must do all of the following: 59 |
|---|
| 97 | + | (a) Attend in person at least one member meeting or board 60 |
|---|
| 98 | + | meeting of the homeowners' association annually. 61 |
|---|
| 99 | + | (b) Provide to the members of the homeowners' association 62 |
|---|
| 100 | + | the name and contact in formation for each community association 63 |
|---|
| 101 | + | manager or representative of a community association management 64 |
|---|
| 102 | + | firm assigned to the homeowners' association, the manager's or 65 |
|---|
| 103 | + | representative's hours of availability, and a summary of the 66 |
|---|
| 104 | + | duties for which the manage r or representative is responsible. 67 |
|---|
| 105 | + | The homeowners' association must also post this information on 68 |
|---|
| 106 | + | the association's website or application required under s. 69 |
|---|
| 107 | + | 720.303(4)(b). The community association manager or community 70 |
|---|
| 108 | + | association management firm must upd ate the homeowners' 71 |
|---|
| 109 | + | association and its members within 14 business days after any 72 |
|---|
| 110 | + | change to such information. 73 |
|---|
| 111 | + | (c) Provide to any member upon request a copy of the 74 |
|---|
| 112 | + | contract between the community association manager or community 75 |
|---|
| 125 | | - | manager or representative of a community association management 76 |
|---|
| 126 | | - | firm assigned to the homeowners' association, the manager's or 77 |
|---|
| 127 | | - | representative's hours of availability, and a summary of the 78 |
|---|
| 128 | | - | duties for which the manager or representative is responsible. 79 |
|---|
| 129 | | - | The homeowners' association must also post this information on 80 |
|---|
| 130 | | - | the association's website or application required under s. 81 |
|---|
| 131 | | - | 720.303(4)(b). The community association manager or community 82 |
|---|
| 132 | | - | association management firm must update the homeowners' 83 |
|---|
| 133 | | - | association and its members within 14 business days after any 84 |
|---|
| 134 | | - | change to such information. 85 |
|---|
| 135 | | - | (c) Provide to any member upon request a copy of the 86 |
|---|
| 136 | | - | contract between the community association manager or community 87 |
|---|
| 137 | | - | association management firm and the homeowners' association and 88 |
|---|
| 138 | | - | include such contract with association's governing documents. 89 |
|---|
| 139 | | - | Section 2. Section 468.4337, Florida Statutes, is amended 90 |
|---|
| 140 | | - | to read: 91 |
|---|
| 141 | | - | 468.4337 Continuing education. —The department may not 92 |
|---|
| 142 | | - | renew a license until the licensee submits proof that the 93 |
|---|
| 143 | | - | licensee has completed the requisite hours of continuing 94 |
|---|
| 144 | | - | education. No more than 10 hours of continuing education 95 |
|---|
| 145 | | - | annually shall be requ ired for renewal of a license. The number 96 |
|---|
| 146 | | - | of continuing education hours, criteria, and course content 97 |
|---|
| 147 | | - | shall be approved by the council by rule. The council may not 98 |
|---|
| 148 | | - | require more than 10 hours of continuing education annually for 99 |
|---|
| 149 | | - | renewal of a license. A comm unity association manager who 100 |
|---|
| 125 | + | association management firm and the homeowners' association and 76 |
|---|
| 126 | + | include such contract with association's governing documents. 77 |
|---|
| 127 | + | Section 2. Section 468.4337, Florida Statutes, is amended 78 |
|---|
| 128 | + | to read: 79 |
|---|
| 129 | + | 468.4337 Continuing education. —The department may not 80 |
|---|
| 130 | + | renew a license until the lice nsee submits proof that the 81 |
|---|
| 131 | + | licensee has completed the requisite hours of continuing 82 |
|---|
| 132 | + | education. No more than 10 hours of continuing education 83 |
|---|
| 133 | + | annually shall be required for renewal of a license. The number 84 |
|---|
| 134 | + | of continuing education hours, criteria, and cours e content 85 |
|---|
| 135 | + | shall be approved by the council by rule. The council may not 86 |
|---|
| 136 | + | require more than 10 hours of continuing education annually for 87 |
|---|
| 137 | + | renewal of a license. A community association manager who 88 |
|---|
| 138 | + | provides community association management services to a 89 |
|---|
| 139 | + | homeowners' association must biennially complete at least 5 90 |
|---|
| 140 | + | hours of continuing education that pertains specifically to 91 |
|---|
| 141 | + | homeowners' associations, 3 hours of which must relate to 92 |
|---|
| 142 | + | recordkeeping. 93 |
|---|
| 143 | + | Section 3. Subsections (4) and (5) and paragraphs (a), 94 |
|---|
| 144 | + | (d), and (f) of subsection (6) of section 720.303, Florida 95 |
|---|
| 145 | + | Statutes, are amended to read: 96 |
|---|
| 146 | + | 720.303 Association powers and duties; meetings of board; 97 |
|---|
| 147 | + | official records; budgets; financial reporting; association 98 |
|---|
| 148 | + | funds; recalls.— 99 |
|---|
| 149 | + | (4) OFFICIAL RECORDS. — 100 |
|---|
| 162 | | - | provides community association management services to a 101 |
|---|
| 163 | | - | homeowners' association must biennially complete at least 5 102 |
|---|
| 164 | | - | hours of continuing education that pertains specifically to 103 |
|---|
| 165 | | - | homeowners' associations, 3 hours of which must re late to 104 |
|---|
| 166 | | - | recordkeeping. 105 |
|---|
| 167 | | - | Section 3. Subsections (4) and (5), paragraph (f) of 106 |
|---|
| 168 | | - | subsection (6), and paragraphs (a) and (d) of subsection (7) of 107 |
|---|
| 169 | | - | section 720.303, Florida Statutes, are amended, and subsection 108 |
|---|
| 170 | | - | (13) is added to that section, to read: 109 |
|---|
| 171 | | - | 720.303 Association powers and duties; meetings of board; 110 |
|---|
| 172 | | - | official records; budgets; financial reporting; association 111 |
|---|
| 173 | | - | funds; recalls.— 112 |
|---|
| 174 | | - | (4) OFFICIAL RECORDS. — 113 |
|---|
| 175 | | - | (a) The association shall maintain each of the following 114 |
|---|
| 176 | | - | items, when applicable, for at least 7 years , unless the 115 |
|---|
| 177 | | - | governing documents of the association require a longer period 116 |
|---|
| 178 | | - | of time, which constitute the official records of the 117 |
|---|
| 179 | | - | association: 118 |
|---|
| 180 | | - | 1.(a) Copies of any plans, specifications, permits, and 119 |
|---|
| 181 | | - | warranties related to improvements constructed on the common 120 |
|---|
| 182 | | - | areas or other property that the association is obligated to 121 |
|---|
| 183 | | - | maintain, repair, or replace. 122 |
|---|
| 184 | | - | 2.(b) A copy of the bylaws of the association and of each 123 |
|---|
| 185 | | - | amendment to the bylaws. 124 |
|---|
| 186 | | - | 3.(c) A copy of the articles of incorporation of the 125 |
|---|
| 162 | + | (a) The association shall maintain each of the following 101 |
|---|
| 163 | + | items, when applicable, for at least 7 years, unless the 102 |
|---|
| 164 | + | governing documents of the association require a longer period 103 |
|---|
| 165 | + | of time, which constitute the official records of the 104 |
|---|
| 166 | + | association: 105 |
|---|
| 167 | + | 1.(a) Copies of any plans, specifications, permits, and 106 |
|---|
| 168 | + | warranties related to improvements constructed on the common 107 |
|---|
| 169 | + | areas or other property that the association is obligated to 108 |
|---|
| 170 | + | maintain, repair, or replace. 109 |
|---|
| 171 | + | 2.(b) A copy of the bylaws of the association and of each 110 |
|---|
| 172 | + | amendment to the bylaws. 111 |
|---|
| 173 | + | 3.(c) A copy of the articles of incorporation of the 112 |
|---|
| 174 | + | association and of each amendment thereto. 113 |
|---|
| 175 | + | 4.(d) A copy of the declaration of covenants and a copy of 114 |
|---|
| 176 | + | each amendment thereto. 115 |
|---|
| 177 | + | 5.(e) A copy of the current rules of t he homeowners' 116 |
|---|
| 178 | + | association. 117 |
|---|
| 179 | + | 6.(f) The minutes of all meetings of the board of 118 |
|---|
| 180 | + | directors and of the members , which minutes must be retained for 119 |
|---|
| 181 | + | at least 7 years. 120 |
|---|
| 182 | + | 7.(g) A current roster of all members and their designated 121 |
|---|
| 183 | + | mailing addresses and parcel ide ntifications. A member's 122 |
|---|
| 184 | + | designated mailing address is the member's property address, 123 |
|---|
| 185 | + | unless the member has sent written notice to the association 124 |
|---|
| 186 | + | requesting that a different mailing address be used for all 125 |
|---|
| 199 | | - | association and of each amendment thereto. 126 |
|---|
| 200 | | - | 4.(d) A copy of the declaration of covenants and a copy of 127 |
|---|
| 201 | | - | each amendment thereto. 128 |
|---|
| 202 | | - | 5.(e) A copy of the current rules of t he homeowners' 129 |
|---|
| 203 | | - | association. 130 |
|---|
| 204 | | - | 6.(f) The minutes of all meetings of the board of 131 |
|---|
| 205 | | - | directors and of the members , which minutes must be retained for 132 |
|---|
| 206 | | - | at least 7 years. 133 |
|---|
| 207 | | - | 7.(g) A current roster of all members and their designated 134 |
|---|
| 208 | | - | mailing addresses and parcel ide ntifications. A member's 135 |
|---|
| 209 | | - | designated mailing address is the member's property address, 136 |
|---|
| 210 | | - | unless the member has sent written notice to the association 137 |
|---|
| 211 | | - | requesting that a different mailing address be used for all 138 |
|---|
| 212 | | - | required notices. The association shall also main tain the e-mail 139 |
|---|
| 213 | | - | addresses and the facsimile numbers designated by members for 140 |
|---|
| 214 | | - | receiving notice sent by electronic transmission of those 141 |
|---|
| 215 | | - | members consenting to receive notice by electronic transmission. 142 |
|---|
| 216 | | - | A member's e-mail address is the e -mail address the mem ber 143 |
|---|
| 217 | | - | provided when consenting in writing to receiving notice by 144 |
|---|
| 218 | | - | electronic transmission, unless the member has sent written 145 |
|---|
| 219 | | - | notice to the association requesting that a different e -mail 146 |
|---|
| 220 | | - | address be used for all required notices. The e -mail addresses 147 |
|---|
| 221 | | - | and facsimile numbers provided by members to receive notice by 148 |
|---|
| 222 | | - | electronic transmission must be removed from association records 149 |
|---|
| 223 | | - | when the member revokes consent to receive notice by electronic 150 |
|---|
| 199 | + | required notices. The association shall also main tain the e-mail 126 |
|---|
| 200 | + | addresses and the facsimile numbers designated by members for 127 |
|---|
| 201 | + | receiving notice sent by electronic transmission of those 128 |
|---|
| 202 | + | members consenting to receive notice by electronic transmission. 129 |
|---|
| 203 | + | A member's e-mail address is the e -mail address the mem ber 130 |
|---|
| 204 | + | provided when consenting in writing to receiving notice by 131 |
|---|
| 205 | + | electronic transmission, unless the member has sent written 132 |
|---|
| 206 | + | notice to the association requesting that a different e -mail 133 |
|---|
| 207 | + | address be used for all required notices. The e -mail addresses 134 |
|---|
| 208 | + | and facsimile numbers provided by members to receive notice by 135 |
|---|
| 209 | + | electronic transmission must be removed from association records 136 |
|---|
| 210 | + | when the member revokes consent to receive notice by electronic 137 |
|---|
| 211 | + | transmission. However, the association is not liable for an 138 |
|---|
| 212 | + | erroneous disclosure of the e-mail address or the facsimile 139 |
|---|
| 213 | + | number for receiving electronic transmission of notices. 140 |
|---|
| 214 | + | 8.(h) All of the association's insurance policies or a 141 |
|---|
| 215 | + | copy thereof, which policies must be retained for at least 7 142 |
|---|
| 216 | + | years. 143 |
|---|
| 217 | + | 9.(i) A current copy of all contracts to which the 144 |
|---|
| 218 | + | association is a party, including, without limitation, any 145 |
|---|
| 219 | + | management agreement, lease, or other contract under which the 146 |
|---|
| 220 | + | association has any obligation or responsibility. Bids received 147 |
|---|
| 221 | + | by the association for work to be performed are must also be 148 |
|---|
| 222 | + | considered official records and must be kept for a period of 1 149 |
|---|
| 223 | + | year. 150 |
|---|
| 236 | | - | transmission. However, the association is not liable for an 151 |
|---|
| 237 | | - | erroneous disclosure of the e-mail address or the facsimile 152 |
|---|
| 238 | | - | number for receiving electronic transmission of notices. 153 |
|---|
| 239 | | - | 8.(h) All of the association's insurance policies or a 154 |
|---|
| 240 | | - | copy thereof, which policies must be retained for at least 7 155 |
|---|
| 241 | | - | years. 156 |
|---|
| 242 | | - | 9.(i) A current copy of all contracts to which the 157 |
|---|
| 243 | | - | association is a party, including, without limitation, any 158 |
|---|
| 244 | | - | management agreement, lease, or other contract under which the 159 |
|---|
| 245 | | - | association has any obligation or responsibility. Bids received 160 |
|---|
| 246 | | - | by the association for work to be performed are must also be 161 |
|---|
| 247 | | - | considered official records and must be kept for a period of 1 162 |
|---|
| 248 | | - | year. 163 |
|---|
| 249 | | - | 10.(j) The financial and accounting records of the 164 |
|---|
| 250 | | - | association, kept according to good accounting practices. All 165 |
|---|
| 251 | | - | financial and accounting records must be maintained for a period 166 |
|---|
| 252 | | - | of at least 7 years. The financial and accounting records must 167 |
|---|
| 253 | | - | include: 168 |
|---|
| 254 | | - | a.1. Accurate, itemized, and detailed records of all 169 |
|---|
| 255 | | - | receipts and expenditures. 170 |
|---|
| 256 | | - | b.2. A current account and a periodic statement of the 171 |
|---|
| 257 | | - | account for each member, designatin g the name and current 172 |
|---|
| 258 | | - | address of each member who is obligated to pay assessments, the 173 |
|---|
| 259 | | - | due date and amount of each assessment or other charge against 174 |
|---|
| 260 | | - | the member, the date and amount of each payment on the account, 175 |
|---|
| 236 | + | 10.(j) The financial and accounting records of the 151 |
|---|
| 237 | + | association, kept according to good accounting practices. All 152 |
|---|
| 238 | + | financial and accounting records must be maintained for a period 153 |
|---|
| 239 | + | of at least 7 years. The financial and accounting records must 154 |
|---|
| 240 | + | include: 155 |
|---|
| 241 | + | a.1. Accurate, itemized, and detailed records of all 156 |
|---|
| 242 | + | receipts and expenditures. 157 |
|---|
| 243 | + | b.2. A current account and a periodic statement of the 158 |
|---|
| 244 | + | account for each member, designatin g the name and current 159 |
|---|
| 245 | + | address of each member who is obligated to pay assessments, the 160 |
|---|
| 246 | + | due date and amount of each assessment or other charge against 161 |
|---|
| 247 | + | the member, the date and amount of each payment on the account, 162 |
|---|
| 248 | + | and the balance due. 163 |
|---|
| 249 | + | c.3. All tax returns, financial statements, and financial 164 |
|---|
| 250 | + | reports of the association. 165 |
|---|
| 251 | + | d.4. Any other records that identify, measure, record, or 166 |
|---|
| 252 | + | communicate financial information. 167 |
|---|
| 253 | + | 11.(k) A copy of the disclosure summary described in s. 168 |
|---|
| 254 | + | 720.401(1). 169 |
|---|
| 255 | + | 12.(l) Ballots, sign-in sheets, voting proxies, and all 170 |
|---|
| 256 | + | other papers and electronic records relating to voting by parcel 171 |
|---|
| 257 | + | owners, which must be maintained for at least 1 year after the 172 |
|---|
| 258 | + | date of the election, vote, or meeting. 173 |
|---|
| 259 | + | 13.(m) All affirmative acknowledgme nts made pursuant to s. 174 |
|---|
| 260 | + | 720.3085(3)(c)3. 175 |
|---|
| 273 | | - | and the balance due. 176 |
|---|
| 274 | | - | c.3. All tax returns, financial statements, and financial 177 |
|---|
| 275 | | - | reports of the association. 178 |
|---|
| 276 | | - | d.4. Any other records that identify, measure, record, or 179 |
|---|
| 277 | | - | communicate financial information. 180 |
|---|
| 278 | | - | 11.(k) A copy of the disclosure summary described in s. 181 |
|---|
| 279 | | - | 720.401(1). 182 |
|---|
| 280 | | - | 12.(l) Ballots, sign-in sheets, voting proxies, and all 183 |
|---|
| 281 | | - | other papers and electronic records relating to voting by parcel 184 |
|---|
| 282 | | - | owners, which must be maintained for at least 1 year after the 185 |
|---|
| 283 | | - | date of the election, vote, or meeting. 186 |
|---|
| 284 | | - | 13.(m) All affirmative acknowledgme nts made pursuant to s. 187 |
|---|
| 285 | | - | 720.3085(3)(c)3. 188 |
|---|
| 286 | | - | 14.(n) All other written records of the association not 189 |
|---|
| 287 | | - | specifically included in this subsection which are related to 190 |
|---|
| 288 | | - | the operation of the association. 191 |
|---|
| 289 | | - | (b)1. By January 1, 2025, an association that has 100 192 |
|---|
| 290 | | - | parcels or more shall post a current digital copy of the 193 |
|---|
| 291 | | - | documents specified in subparagraph 3. on its website or make 194 |
|---|
| 292 | | - | such documents available through an application that can be 195 |
|---|
| 293 | | - | downloaded on a mobile device. 196 |
|---|
| 294 | | - | 2. The association's website or application must be 197 |
|---|
| 295 | | - | accessible through the Internet and must contain a subpage, web 198 |
|---|
| 296 | | - | portal, or other protected electronic location that is 199 |
|---|
| 297 | | - | inaccessible to the general public and accessible only to parcel 200 |
|---|
| 273 | + | 14.(n) All other written records of the association not 176 |
|---|
| 274 | + | specifically included in this subsection which are related to 177 |
|---|
| 275 | + | the operation of the association. 178 |
|---|
| 276 | + | (b)1. By January 1, 2025, an association shall post a 179 |
|---|
| 277 | + | current digital copy of the documents specified in paragraph (a) 180 |
|---|
| 278 | + | on its website or make such documents available through an 181 |
|---|
| 279 | + | application that can be downloaded on a mobile device. 182 |
|---|
| 280 | + | 2. The association's website or application must be 183 |
|---|
| 281 | + | accessible through the Inter net and must contain a subpage, web 184 |
|---|
| 282 | + | portal, or other protected electronic location that is 185 |
|---|
| 283 | + | inaccessible to the general public and accessible only to parcel 186 |
|---|
| 284 | + | owners and employees of the association. 187 |
|---|
| 285 | + | 3. Upon written request by a parcel owner, the associatio n 188 |
|---|
| 286 | + | must provide the parcel owner with a username and password and 189 |
|---|
| 287 | + | access to the protected sections of the association's website or 190 |
|---|
| 288 | + | application which contains the official documents of the 191 |
|---|
| 289 | + | association. 192 |
|---|
| 290 | + | 4. The association shall ensure that the information a nd 193 |
|---|
| 291 | + | records described in paragraph (5)(d), which are not allowed to 194 |
|---|
| 292 | + | be accessible to parcel owners, are not posted on the 195 |
|---|
| 293 | + | association's website or application. If protected information 196 |
|---|
| 294 | + | or information restricted from being accessible to parcel owners 197 |
|---|
| 295 | + | is included in documents that are required to be posted on the 198 |
|---|
| 296 | + | association's website or application, the association must 199 |
|---|
| 297 | + | ensure the information is redacted before posting the documents. 200 |
|---|
| 310 | | - | owners and employees of the association. 201 |
|---|
| 311 | | - | 3. A current copy of the f ollowing documents must be 202 |
|---|
| 312 | | - | posted in digital format on the association's website or 203 |
|---|
| 313 | | - | application: 204 |
|---|
| 314 | | - | a. The articles of incorporation of the association and 205 |
|---|
| 315 | | - | each amendment thereto. 206 |
|---|
| 316 | | - | b. The recorded bylaws of the association and each 207 |
|---|
| 317 | | - | amendment thereto. 208 |
|---|
| 318 | | - | c. The declaration of covenants and a copy of each 209 |
|---|
| 319 | | - | amendment thereto. 210 |
|---|
| 320 | | - | d. The current rules of the association. 211 |
|---|
| 321 | | - | e. A list of all current executory contracts or documents 212 |
|---|
| 322 | | - | to which the association is a party or under which the 213 |
|---|
| 323 | | - | association or the parcel owner s have an obligation or 214 |
|---|
| 324 | | - | responsibility and, after bidding for the related materials, 215 |
|---|
| 325 | | - | equipment, or services has closed, a list of bids received by 216 |
|---|
| 326 | | - | the association within the past year. 217 |
|---|
| 327 | | - | f. The annual budget required by subsection (6) and any 218 |
|---|
| 328 | | - | proposed budget to be considered at the annual meeting. 219 |
|---|
| 329 | | - | g. The financial report required by subsection (7) and any 220 |
|---|
| 330 | | - | monthly income or expense statement to be considered at a 221 |
|---|
| 331 | | - | meeting. 222 |
|---|
| 332 | | - | h. The association's current insurance policies. 223 |
|---|
| 333 | | - | i. The certification of each director as required by s. 224 |
|---|
| 334 | | - | 720.3033(1)(a). 225 |
|---|
| 310 | + | Notwithstanding the foregoing, the association or its authorized 201 |
|---|
| 311 | + | agent is not liable for disclosing information that is protected 202 |
|---|
| 312 | + | or restricted under paragraph (5)(d) unless such disclosure was 203 |
|---|
| 313 | + | made with a knowing or intentional disregard of the protected or 204 |
|---|
| 314 | + | restricted nature of such information. 205 |
|---|
| 315 | + | (c) The association shall adopt written rules governing 206 |
|---|
| 316 | + | the method or policy by which the official records of the 207 |
|---|
| 317 | + | association are to be retained and for how long such records 208 |
|---|
| 318 | + | must be retained. Such information must be made available to the 209 |
|---|
| 319 | + | parcel owners through the association's website or application. 210 |
|---|
| 320 | + | (5) INSPECTION AND COPYING OF RECORDS. —Unless otherwise 211 |
|---|
| 321 | + | provided by law or the governing documents of the association, 212 |
|---|
| 322 | + | the official records must shall be maintained within the state 213 |
|---|
| 323 | + | for at least 7 years and shall be made available to a pa rcel 214 |
|---|
| 324 | + | owner for inspection or photocopying within 45 miles of the 215 |
|---|
| 325 | + | community or within the county in which the association is 216 |
|---|
| 326 | + | located within 10 business days after receipt by the board or 217 |
|---|
| 327 | + | its designee of a written request from the parcel owner . This 218 |
|---|
| 328 | + | subsection may be complied with by having a copy of the official 219 |
|---|
| 329 | + | records available for inspection or copying in the community or , 220 |
|---|
| 330 | + | at the option of the association, by making the records 221 |
|---|
| 331 | + | available to a parcel owner electronically via the association's 222 |
|---|
| 332 | + | website or application Internet or by allowing the records to be 223 |
|---|
| 333 | + | viewed in electronic format on a computer screen and printed 224 |
|---|
| 334 | + | upon request. If the association has a photocopy machine 225 |
|---|
| 347 | | - | j. All contracts or transactions between the association 226 |
|---|
| 348 | | - | and any director, officer, corporation, firm, or association 227 |
|---|
| 349 | | - | that is not an affiliated homeowners' association or any other 228 |
|---|
| 350 | | - | entity in which a director of an association is also a director 229 |
|---|
| 351 | | - | or officer and has a financial interest. 230 |
|---|
| 352 | | - | k. Any contract or document regarding a conflict of 231 |
|---|
| 353 | | - | interest or possible conflict of interest as provided in ss. 232 |
|---|
| 354 | | - | 468.436(2)(b)6. and 720.3033(2). 233 |
|---|
| 355 | | - | l. Notice of any scheduled meet ing of members and the 234 |
|---|
| 356 | | - | agenda for the meeting, as required by s. 720.306, no later than 235 |
|---|
| 357 | | - | 14 days before such meeting. The notice must be posted in plain 236 |
|---|
| 358 | | - | view on the homepage of the website or application, or on a 237 |
|---|
| 359 | | - | separate subpage of the website or applicati on labeled "Notices" 238 |
|---|
| 360 | | - | which is conspicuously visible and linked from the homepage. The 239 |
|---|
| 361 | | - | association must also post on its website or application any 240 |
|---|
| 362 | | - | document to be considered and voted on by the members during the 241 |
|---|
| 363 | | - | meeting or any document listed on the meetin g agenda at least 7 242 |
|---|
| 364 | | - | days before the meeting at which such document or information 243 |
|---|
| 365 | | - | within the document will be considered. 244 |
|---|
| 366 | | - | m. Notice of any board meeting, the agenda, and any other 245 |
|---|
| 367 | | - | document required for such meeting as required by subsection 246 |
|---|
| 368 | | - | (3), which must be posted on the website or application no later 247 |
|---|
| 369 | | - | than the date required for notice under subsection (3). 248 |
|---|
| 370 | | - | 4. Upon written request by a parcel owner, the association 249 |
|---|
| 371 | | - | must provide the parcel owner with a username and password and 250 |
|---|
| 347 | + | available where the records are maintained, it must provide 226 |
|---|
| 348 | + | parcel owners with copies on request during the inspection if 227 |
|---|
| 349 | + | the entire request is limited to no more than 25 pages. An 228 |
|---|
| 350 | + | association shall allow a member or his or her authorized 229 |
|---|
| 351 | + | representative to use a portable device, including a smartphone, 230 |
|---|
| 352 | + | tablet, portable scanner, or any other technology capable of 231 |
|---|
| 353 | + | scanning or taking photographs, to make an electronic copy of 232 |
|---|
| 354 | + | the official records in lieu of the association's providing the 233 |
|---|
| 355 | + | member or his or her authorized representative with a copy of 234 |
|---|
| 356 | + | such records. The association may not charge a fee to a member 235 |
|---|
| 357 | + | or his or her authorized representative for the use of a 236 |
|---|
| 358 | + | portable device. 237 |
|---|
| 359 | + | (a) The failure of an association to provide access to the 238 |
|---|
| 360 | + | records within 10 business days after receipt of a written 239 |
|---|
| 361 | + | request submitted by certified mail, return receipt requested, 240 |
|---|
| 362 | + | creates a rebuttable presumption that the association willfully 241 |
|---|
| 363 | + | failed to comply with this subsection. 242 |
|---|
| 364 | + | (b) A member who is denied access to official records is 243 |
|---|
| 365 | + | entitled to the actual damages or minimum damages for the 244 |
|---|
| 366 | + | association's willful failure to comply with this subsection. 245 |
|---|
| 367 | + | The minimum damages are to be $50 per calendar day up to 10 246 |
|---|
| 368 | + | days, the calculation to begin on the 11th business day after 247 |
|---|
| 369 | + | receipt of the written request. 248 |
|---|
| 370 | + | (c) The association may adopt reasonable written rules 249 |
|---|
| 371 | + | governing the frequency, time, location, notice, records to be 250 |
|---|
| 384 | | - | access to the protected sections of the association's website or 251 |
|---|
| 385 | | - | application which contains the official documents of the 252 |
|---|
| 386 | | - | association. 253 |
|---|
| 387 | | - | 5. The association shall ensure that the information and 254 |
|---|
| 388 | | - | records described in paragraph (5)(d), which are not allowed to 255 |
|---|
| 389 | | - | be accessible to parce l owners, are not posted on the 256 |
|---|
| 390 | | - | association's website or application. If protected information 257 |
|---|
| 391 | | - | or information restricted from being accessible to parcel owners 258 |
|---|
| 392 | | - | is included in documents that are required to be posted on the 259 |
|---|
| 393 | | - | association's website or applicat ion, the association must 260 |
|---|
| 394 | | - | ensure the information is redacted before posting the documents. 261 |
|---|
| 395 | | - | Notwithstanding the foregoing, the association or its authorized 262 |
|---|
| 396 | | - | agent is not liable for disclosing information that is protected 263 |
|---|
| 397 | | - | or restricted under paragraph (5)(d ) unless such disclosure was 264 |
|---|
| 398 | | - | made with a knowing or intentional disregard of the protected or 265 |
|---|
| 399 | | - | restricted nature of such information. 266 |
|---|
| 400 | | - | (c) The association shall adopt written rules governing 267 |
|---|
| 401 | | - | the method or policy by which the official records of the 268 |
|---|
| 402 | | - | association are to be retained and for how long such records 269 |
|---|
| 403 | | - | must be retained pursuant to paragraph (a). Such information 270 |
|---|
| 404 | | - | must be made available to the parcel owners through the 271 |
|---|
| 405 | | - | association's website or application. 272 |
|---|
| 406 | | - | (5) INSPECTION AND COPYING OF RECORDS. — 273 |
|---|
| 407 | | - | (a) Unless otherwise provided by law or the governing 274 |
|---|
| 408 | | - | documents of the association, the official records must shall be 275 |
|---|
| 384 | + | inspected, and manner of inspections, but may not require a 251 |
|---|
| 385 | + | parcel owner to demonstrate any proper purpose for the 252 |
|---|
| 386 | + | inspection, state any reason for the inspection, or limit a 253 |
|---|
| 387 | + | parcel owner's right to inspect records to less than one 8 -hour 254 |
|---|
| 388 | + | business day per month. The association may impose fees to cover 255 |
|---|
| 389 | + | the costs of providing copies of the official records, including 256 |
|---|
| 390 | + | the costs of copying and the costs required for personnel to 257 |
|---|
| 391 | + | retrieve and copy the records if the time spent retrieving and 258 |
|---|
| 392 | + | copying the records exceeds one -half hour and if the personnel 259 |
|---|
| 393 | + | costs do not exceed $20 per hour. Personnel costs may not be 260 |
|---|
| 394 | + | charged for records requests that result in the copying of 25 or 261 |
|---|
| 395 | + | fewer pages. The associ ation may charge up to 25 cents per page 262 |
|---|
| 396 | + | for copies made on the association's photocopier. If the 263 |
|---|
| 397 | + | association does not have a photocopy machine available where 264 |
|---|
| 398 | + | the records are kept, or if the records requested to be copied 265 |
|---|
| 399 | + | exceed 25 pages in length, the as sociation may have copies made 266 |
|---|
| 400 | + | by an outside duplicating service and may charge the actual cost 267 |
|---|
| 401 | + | of copying, as supported by the vendor invoice. The association 268 |
|---|
| 402 | + | shall maintain an adequate number of copies of the recorded 269 |
|---|
| 403 | + | governing documents, to ensure their availability to members and 270 |
|---|
| 404 | + | prospective members. 271 |
|---|
| 405 | + | (d) Notwithstanding this subsection paragraph, the 272 |
|---|
| 406 | + | following records are not accessible to members or parcel 273 |
|---|
| 407 | + | owners: 274 |
|---|
| 408 | + | 1. Any record protected by the lawyer -client privilege as 275 |
|---|
| 421 | | - | maintained within the state for at least 7 years and shall be 276 |
|---|
| 422 | | - | made available to a parcel owner for inspection or photocopying 277 |
|---|
| 423 | | - | within 45 miles of the community or within the county in which 278 |
|---|
| 424 | | - | the association is located within 10 business days after receipt 279 |
|---|
| 425 | | - | by the board or its designee of a written request from the 280 |
|---|
| 426 | | - | parcel owner. This subsection may be complied with by having a 281 |
|---|
| 427 | | - | copy of the official records available for inspection or copying 282 |
|---|
| 428 | | - | in the community or, at the option of the association, by making 283 |
|---|
| 429 | | - | the records available to a parcel owner electronically via the 284 |
|---|
| 430 | | - | Internet or by allowing the records to be viewed in electronic 285 |
|---|
| 431 | | - | format on a computer screen and printed upon request. If the 286 |
|---|
| 432 | | - | association has a photocopy machine available where the records 287 |
|---|
| 433 | | - | are maintained, it must provide parcel owners with copies on 288 |
|---|
| 434 | | - | request during the inspection if the entire request is limited 289 |
|---|
| 435 | | - | to no more than 25 pages. A n association shall allow a member or 290 |
|---|
| 436 | | - | his or her authorized representative to use a portable device, 291 |
|---|
| 437 | | - | including a smartphone, tablet, portable scanner, or any other 292 |
|---|
| 438 | | - | technology capable of scanning or taking photographs, to make an 293 |
|---|
| 439 | | - | electronic copy of the offi cial records in lieu of the 294 |
|---|
| 440 | | - | association's providing the member or his or her authorized 295 |
|---|
| 441 | | - | representative with a copy of such records. The association may 296 |
|---|
| 442 | | - | not charge a fee to a member or his or her authorized 297 |
|---|
| 443 | | - | representative for the use of a portable device. 298 |
|---|
| 444 | | - | (b)(a) The failure of an association to provide access to 299 |
|---|
| 445 | | - | the records within 10 business days after receipt of a written 300 |
|---|
| 421 | + | described in s. 90.502 and any record protected by the work -276 |
|---|
| 422 | + | product privilege, including, but not limited to, a record 277 |
|---|
| 423 | + | prepared by an association attorney or prepared at the 278 |
|---|
| 424 | + | attorney's express direction which reflects a mental impression, 279 |
|---|
| 425 | + | conclusion, litigation strategy, or legal t heory of the attorney 280 |
|---|
| 426 | + | or the association and which was prepared exclusively for civil 281 |
|---|
| 427 | + | or criminal litigation or for adversarial administrative 282 |
|---|
| 428 | + | proceedings or which was prepared in anticipation of such 283 |
|---|
| 429 | + | litigation or proceedings until the conclusion of the l itigation 284 |
|---|
| 430 | + | or proceedings. 285 |
|---|
| 431 | + | 2. Information obtained by an association in connection 286 |
|---|
| 432 | + | with the approval of the lease, sale, or other transfer of a 287 |
|---|
| 433 | + | parcel. 288 |
|---|
| 434 | + | 3. Information an association obtains in a gated community 289 |
|---|
| 435 | + | in connection with guests' visits to parcel owners or community 290 |
|---|
| 436 | + | residents. 291 |
|---|
| 437 | + | 4. Personnel records of association or management company 292 |
|---|
| 438 | + | employees, including, but not limited to, disciplinary, payroll, 293 |
|---|
| 439 | + | health, and insurance records. For purposes of this 294 |
|---|
| 440 | + | subparagraph, the term "personnel records " does not include 295 |
|---|
| 441 | + | written employment agreements with an association or management 296 |
|---|
| 442 | + | company employee or budgetary or financial records that indicate 297 |
|---|
| 443 | + | the compensation paid to an association or management company 298 |
|---|
| 444 | + | employee. 299 |
|---|
| 445 | + | 5. Medical records of parcel owner s or community 300 |
|---|
| 458 | | - | request submitted by certified mail, return receipt requested, 301 |
|---|
| 459 | | - | creates a rebuttable presumption that the association willfully 302 |
|---|
| 460 | | - | failed to comply with this subsection. 303 |
|---|
| 461 | | - | (c)(b) A member who is denied access to official records 304 |
|---|
| 462 | | - | is entitled to the actual damages or minimum damages for the 305 |
|---|
| 463 | | - | association's willful failure to comply with this subsection. 306 |
|---|
| 464 | | - | The minimum damages are to be $50 per cale ndar day up to 10 307 |
|---|
| 465 | | - | days, the calculation to begin on the 11th business day after 308 |
|---|
| 466 | | - | receipt of the written request. 309 |
|---|
| 467 | | - | (d) Any director or member of the board or association or 310 |
|---|
| 468 | | - | a community association manager who knowingly, willfully, and 311 |
|---|
| 469 | | - | repeatedly violates pa ragraph (a), with the intent of causing 312 |
|---|
| 470 | | - | harm to the association or one or more of its members, commits a 313 |
|---|
| 471 | | - | misdemeanor of the second degree, punishable as provided in s. 314 |
|---|
| 472 | | - | 775.082 or s. 775.083. For purposes of this paragraph, the term 315 |
|---|
| 473 | | - | "repeatedly" means two o r more violations within a 12 -month 316 |
|---|
| 474 | | - | period. 317 |
|---|
| 475 | | - | (e) Any person who knowingly and intentionally defaces or 318 |
|---|
| 476 | | - | destroys accounting records during the period in which such 319 |
|---|
| 477 | | - | records are required to be maintained, or who knowingly or 320 |
|---|
| 478 | | - | intentionally fails to create or maintain accounting records 321 |
|---|
| 479 | | - | that are required to be created or maintained, with the intent 322 |
|---|
| 480 | | - | of causing harm to the association or one or more of its 323 |
|---|
| 481 | | - | members, commits a misdemeanor of the first degree, punishable 324 |
|---|
| 482 | | - | as provided in s. 775.082 or s. 775.083. 325 |
|---|
| 458 | + | residents. 301 |
|---|
| 459 | + | 6. Social security numbers, driver license numbers, credit 302 |
|---|
| 460 | + | card numbers, electronic mailing addresses, telephone numbers, 303 |
|---|
| 461 | + | facsimile numbers, emergency contact information, any addresses 304 |
|---|
| 462 | + | for a parcel owner other than as provided for association notice 305 |
|---|
| 463 | + | requirements, and other personal identifying information of any 306 |
|---|
| 464 | + | person, excluding the person's name, parcel designation, mailing 307 |
|---|
| 465 | + | address, and property address. Notwithstanding the restrictions 308 |
|---|
| 466 | + | in this subparagraph, an association may print and distribute to 309 |
|---|
| 467 | + | parcel owners a directory containing the name, parcel address, 310 |
|---|
| 468 | + | and all telephone numbers of each parcel owner. However, an 311 |
|---|
| 469 | + | owner may exclude his or her telephone numbers from the 312 |
|---|
| 470 | + | directory by so requesting in writing to the associa tion. An 313 |
|---|
| 471 | + | owner may consent in writing to the disclosure of other contact 314 |
|---|
| 472 | + | information described in this subparagraph. The association is 315 |
|---|
| 473 | + | not liable for the disclosure of information that is protected 316 |
|---|
| 474 | + | under this subparagraph if the information is included in an 317 |
|---|
| 475 | + | official record of the association and is voluntarily provided 318 |
|---|
| 476 | + | by an owner and not requested by the association. 319 |
|---|
| 477 | + | 7. Any electronic security measure that is used by the 320 |
|---|
| 478 | + | association to safeguard data, including passwords. 321 |
|---|
| 479 | + | 8. The software and operatin g system used by the 322 |
|---|
| 480 | + | association which allows the manipulation of data, even if the 323 |
|---|
| 481 | + | owner owns a copy of the same software used by the association. 324 |
|---|
| 482 | + | The data is part of the official records of the association. 325 |
|---|
| 495 | | - | (f) Any person who willfully and knowingly refuses to 326 |
|---|
| 496 | | - | release or otherwise produce association records with the intent 327 |
|---|
| 497 | | - | to avoid or escape detection, arrest, trial, or punishment for 328 |
|---|
| 498 | | - | the commission of a crime, or to assist another person with such 329 |
|---|
| 499 | | - | avoidance or escape, commits a felony of the third degree, 330 |
|---|
| 500 | | - | punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 331 |
|---|
| 501 | | - | (g)(c) The association may adopt reasonable written rules 332 |
|---|
| 502 | | - | governing the frequency, time, location, notice, records to be 333 |
|---|
| 503 | | - | inspected, and manne r of inspections, but may not require a 334 |
|---|
| 504 | | - | parcel owner to demonstrate any proper purpose for the 335 |
|---|
| 505 | | - | inspection, state any reason for the inspection, or limit a 336 |
|---|
| 506 | | - | parcel owner's right to inspect records to less than one 8 -hour 337 |
|---|
| 507 | | - | business day per month. The associati on may impose fees to cover 338 |
|---|
| 508 | | - | the costs of providing copies of the official records, including 339 |
|---|
| 509 | | - | the costs of copying and the costs required for personnel to 340 |
|---|
| 510 | | - | retrieve and copy the records if the time spent retrieving and 341 |
|---|
| 511 | | - | copying the records exceeds one -half hour and if the personnel 342 |
|---|
| 512 | | - | costs do not exceed $20 per hour. Personnel costs may not be 343 |
|---|
| 513 | | - | charged for records requests that result in the copying of 25 or 344 |
|---|
| 514 | | - | fewer pages. The association may charge up to 25 cents per page 345 |
|---|
| 515 | | - | for copies made on the association's photo copier. If the 346 |
|---|
| 516 | | - | association does not have a photocopy machine available where 347 |
|---|
| 517 | | - | the records are kept, or if the records requested to be copied 348 |
|---|
| 518 | | - | exceed 25 pages in length, the association may have copies made 349 |
|---|
| 519 | | - | by an outside duplicating service and may charge the actual cost 350 |
|---|
| 495 | + | 9. All affirmative acknowledgments made pursu ant to s. 326 |
|---|
| 496 | + | 720.3085(3)(c)3. 327 |
|---|
| 497 | + | (e)(d) The association or its authorized agent is not 328 |
|---|
| 498 | + | required to provide a prospective purchaser or lienholder with 329 |
|---|
| 499 | + | information about the residential subdivision or the association 330 |
|---|
| 500 | + | other than information or documents required by this chapter to 331 |
|---|
| 501 | + | be made available or disclosed. The association or its 332 |
|---|
| 502 | + | authorized agent may charge a reasonable fee to the prospective 333 |
|---|
| 503 | + | purchaser or lienholder or the current parcel owner or member 334 |
|---|
| 504 | + | for providing good faith responses to requests for infor mation 335 |
|---|
| 505 | + | by or on behalf of a prospective purchaser or lienholder, other 336 |
|---|
| 506 | + | than that required by law, if the fee does not exceed $150 plus 337 |
|---|
| 507 | + | the reasonable cost of photocopying and any attorney fees 338 |
|---|
| 508 | + | incurred by the association in connection with the response. 339 |
|---|
| 509 | + | (f) If an association receives a subpoena for records from 340 |
|---|
| 510 | + | a law enforcement agency, the association must provide a copy of 341 |
|---|
| 511 | + | such records or otherwise make the records available for 342 |
|---|
| 512 | + | inspection and copying to a law enforcement agency within 5 343 |
|---|
| 513 | + | business days after receipt of the subpoena, unless otherwise 344 |
|---|
| 514 | + | specified by the law enforcement agency or subpoena. An 345 |
|---|
| 515 | + | association must assist a law enforcement agency in its 346 |
|---|
| 516 | + | investigation to the extent permissible by law. 347 |
|---|
| 517 | + | (6) BUDGETS.— 348 |
|---|
| 518 | + | (a)1. The association shall pre pare an annual budget that 349 |
|---|
| 519 | + | sets out the annual operating expenses. The budget must reflect 350 |
|---|
| 532 | | - | of copying, as supported by the vendor invoice. The association 351 |
|---|
| 533 | | - | shall maintain an adequate number of copies of the recorded 352 |
|---|
| 534 | | - | governing documents, to ensure their availability to members and 353 |
|---|
| 535 | | - | prospective members. Notwithstanding this subsection paragraph, 354 |
|---|
| 536 | | - | the following records are not accessible to members or parcel 355 |
|---|
| 537 | | - | owners: 356 |
|---|
| 538 | | - | 1. Any record protected by the lawyer -client privilege as 357 |
|---|
| 539 | | - | described in s. 90.502 and any record protected by the work -358 |
|---|
| 540 | | - | product privilege, including, but not limited to, a reco rd 359 |
|---|
| 541 | | - | prepared by an association attorney or prepared at the 360 |
|---|
| 542 | | - | attorney's express direction which reflects a mental impression, 361 |
|---|
| 543 | | - | conclusion, litigation strategy, or legal theory of the attorney 362 |
|---|
| 544 | | - | or the association and which was prepared exclusively for civil 363 |
|---|
| 545 | | - | or criminal litigation or for adversarial administrative 364 |
|---|
| 546 | | - | proceedings or which was prepared in anticipation of such 365 |
|---|
| 547 | | - | litigation or proceedings until the conclusion of the litigation 366 |
|---|
| 548 | | - | or proceedings. 367 |
|---|
| 549 | | - | 2. Information obtained by an association in connection 368 |
|---|
| 550 | | - | with the approval of the lease, sale, or other transfer of a 369 |
|---|
| 551 | | - | parcel. 370 |
|---|
| 552 | | - | 3. Information an association obtains in a gated community 371 |
|---|
| 553 | | - | in connection with guests' visits to parcel owners or community 372 |
|---|
| 554 | | - | residents. 373 |
|---|
| 555 | | - | 4. Personnel records of association or management compa ny 374 |
|---|
| 556 | | - | employees, including, but not limited to, disciplinary, payroll, 375 |
|---|
| 532 | + | the estimated revenues and expenses for that year and the 351 |
|---|
| 533 | + | estimated surplus or deficit as of the end of the current year. 352 |
|---|
| 534 | + | The budget must set out separately all fees or charges paid for 353 |
|---|
| 535 | + | by the association for recreational amenities, whether owned by 354 |
|---|
| 536 | + | the association, the developer, or another person. The 355 |
|---|
| 537 | + | association shall provide each member with a copy of the annual 356 |
|---|
| 538 | + | budget or a written notice that a copy of the budget is 357 |
|---|
| 539 | + | available upon request at no charge to the member. The copy must 358 |
|---|
| 540 | + | be provided to the member within the time limits set forth in 359 |
|---|
| 541 | + | subsection (5). 360 |
|---|
| 542 | + | 2. An association that has 2,500 members or more must use 361 |
|---|
| 543 | + | an independent certified public accountant to pre pare the 362 |
|---|
| 544 | + | association's annual budget. Such association must also retain 363 |
|---|
| 545 | + | an attorney to advise the association and its members on 364 |
|---|
| 546 | + | procedural matters relating to the annual budget and to foster 365 |
|---|
| 547 | + | communications between the board and the members of the 366 |
|---|
| 548 | + | association. The independent certified public accountant or 367 |
|---|
| 549 | + | attorney required under this subparagraph may not be: 368 |
|---|
| 550 | + | a. The community association manager or an employee of the 369 |
|---|
| 551 | + | community association management firm providing community 370 |
|---|
| 552 | + | association management services to the association; or 371 |
|---|
| 553 | + | b. An officer or a director of the association or an 372 |
|---|
| 554 | + | immediate family member of an officer or a director. 373 |
|---|
| 555 | + | (d) An association is deemed to have provided for reserve 374 |
|---|
| 556 | + | accounts upon the affirmative approval of a majority of the 375 |
|---|
| 569 | | - | health, and insurance records. For purposes of this 376 |
|---|
| 570 | | - | subparagraph, the term "personnel records" does not include 377 |
|---|
| 571 | | - | written employment agreements with an association or management 378 |
|---|
| 572 | | - | company employee or budgetary or financial records that indicate 379 |
|---|
| 573 | | - | the compensation paid to an association or management company 380 |
|---|
| 574 | | - | employee. 381 |
|---|
| 575 | | - | 5. Medical records of parcel owners or community 382 |
|---|
| 576 | | - | residents. 383 |
|---|
| 577 | | - | 6. Social security numbers, driver license numbers, credit 384 |
|---|
| 578 | | - | card numbers, electronic mailing addresses, telephone numbers, 385 |
|---|
| 579 | | - | facsimile numbers, emergency contact information, any addresses 386 |
|---|
| 580 | | - | for a parcel owner other than as provided for association notice 387 |
|---|
| 581 | | - | requirements, and other personal identifying information of any 388 |
|---|
| 582 | | - | person, excluding the person's name, parcel designation, mailing 389 |
|---|
| 583 | | - | address, and property address. Notwithstanding the restrictions 390 |
|---|
| 584 | | - | in this subparagraph, an association may print and distribute to 391 |
|---|
| 585 | | - | parcel owners a directory containing the name, parcel address, 392 |
|---|
| 586 | | - | and all telephone numbers of each parcel owner. However, an 393 |
|---|
| 587 | | - | owner may exclude his or her telephone numbers from the 394 |
|---|
| 588 | | - | directory by so requesting in writing to the association. An 395 |
|---|
| 589 | | - | owner may consent in writing to the disclosure of other contact 396 |
|---|
| 590 | | - | information described in this subparagraph. The association is 397 |
|---|
| 591 | | - | not liable for the disclosure of information that is protected 398 |
|---|
| 592 | | - | under this subparagraph if the information is included in an 399 |
|---|
| 593 | | - | official record of the association and is voluntarily provided 400 |
|---|
| 569 | + | total voting interests of the association. Such approval may be 376 |
|---|
| 570 | + | obtained by vote of the members at a duly called meeting of the 377 |
|---|
| 571 | + | membership or by the written consent of a majority of the total 378 |
|---|
| 572 | + | voting interests of the association. The approval action of the 379 |
|---|
| 573 | + | membership must state that reserve accounts shall be provided 380 |
|---|
| 574 | + | for in the budget and must designate the components for which 381 |
|---|
| 575 | + | the reserve accounts are to be established. Upon approval by the 382 |
|---|
| 576 | + | membership, the board of directors or the independent certified 383 |
|---|
| 577 | + | public accountant, if required under paragraph (a), shall 384 |
|---|
| 578 | + | include the required reserve accounts in the budget in the next 385 |
|---|
| 579 | + | fiscal year following the approval and each year thereafter. 386 |
|---|
| 580 | + | Once established as provided in this subsection, the reserve 387 |
|---|
| 581 | + | accounts must be funded or maintained or have their funding 388 |
|---|
| 582 | + | waived in the manner provided in paragraph (f). 389 |
|---|
| 583 | + | (f) After one or more reserve accounts are established, 390 |
|---|
| 584 | + | the membership of the association, upon a majority vote at a 391 |
|---|
| 585 | + | meeting at which a quorum is present, may provid e for no 392 |
|---|
| 586 | + | reserves or less reserves than required by this section. If a 393 |
|---|
| 587 | + | meeting of the parcel unit owners has been called to determine 394 |
|---|
| 588 | + | whether to waive or reduce the funding of reserves and such 395 |
|---|
| 589 | + | result is not achieved or a quorum is not present, the reserve s 396 |
|---|
| 590 | + | as included in the budget go into effect. After the turnover, 397 |
|---|
| 591 | + | the developer may vote its voting interest to waive or reduce 398 |
|---|
| 592 | + | the funding of reserves. Any vote taken pursuant to this 399 |
|---|
| 593 | + | subsection to waive or reduce reserves is applicable only to one 400 |
|---|
| 606 | | - | by an owner and not requeste d by the association. 401 |
|---|
| 607 | | - | 7. Any electronic security measure that is used by the 402 |
|---|
| 608 | | - | association to safeguard data, including passwords. 403 |
|---|
| 609 | | - | 8. The software and operating system used by the 404 |
|---|
| 610 | | - | association which allows the manipulation of data, even if the 405 |
|---|
| 611 | | - | owner owns a copy of the same software used by the association. 406 |
|---|
| 612 | | - | The data is part of the official records of the association. 407 |
|---|
| 613 | | - | 9. All affirmative acknowledgments made pursuant to s. 408 |
|---|
| 614 | | - | 720.3085(3)(c)3. 409 |
|---|
| 615 | | - | (h)(d) The association or its authorized agent is not 410 |
|---|
| 616 | | - | required to provide a prospective purchaser or lienholder with 411 |
|---|
| 617 | | - | information about the residential subdivision or the association 412 |
|---|
| 618 | | - | other than information or documents required by this chapter to 413 |
|---|
| 619 | | - | be made available or disclosed. The association or its 414 |
|---|
| 620 | | - | authorized agent may charge a reasonable fee to the prospective 415 |
|---|
| 621 | | - | purchaser or lienholder or the current parcel owner or member 416 |
|---|
| 622 | | - | for providing good faith responses to requests for information 417 |
|---|
| 623 | | - | by or on behalf of a prospective purchaser or lienholder, other 418 |
|---|
| 624 | | - | than that required by la w, if the fee does not exceed $150 plus 419 |
|---|
| 625 | | - | the reasonable cost of photocopying and any attorney fees 420 |
|---|
| 626 | | - | incurred by the association in connection with the response. 421 |
|---|
| 627 | | - | (i) If an association receives a subpoena for records from 422 |
|---|
| 628 | | - | a law enforcement agency, the associ ation must provide a copy of 423 |
|---|
| 629 | | - | such records or otherwise make the records available for 424 |
|---|
| 630 | | - | inspection and copying to a law enforcement agency within 5 425 |
|---|
| 606 | + | budget year. 401 |
|---|
| 607 | + | Section 4. Subsections (1) and (3) of section 720.3033, 402 |
|---|
| 608 | + | Florida Statutes, are amended to read: 403 |
|---|
| 609 | + | 720.3033 Officers and directors. — 404 |
|---|
| 610 | + | (1)(a) Within 90 days after being elected or appointed to 405 |
|---|
| 611 | + | the board, each director shall certify in writing to the 406 |
|---|
| 612 | + | secretary of the association that he or she has read the 407 |
|---|
| 613 | + | association's declaration of covenants, articles of 408 |
|---|
| 614 | + | incorporation, bylaws, and current written rules and policies; 409 |
|---|
| 615 | + | that he or she will work to uphold such documents and policies 410 |
|---|
| 616 | + | to the best of his o r her ability; and that he or she will 411 |
|---|
| 617 | + | faithfully discharge his or her fiduciary responsibility to the 412 |
|---|
| 618 | + | association's members. Within 90 days after being elected or 413 |
|---|
| 619 | + | appointed to the board, in lieu of such written certification, 414 |
|---|
| 620 | + | the newly elected or appointe d director must may submit a 415 |
|---|
| 621 | + | certificate of having satisfactorily completed the educational 416 |
|---|
| 622 | + | curriculum administered by a department-approved division-417 |
|---|
| 623 | + | approved education provider. 418 |
|---|
| 624 | + | 1. The newly elected or appointed director must complete 419 |
|---|
| 625 | + | the department-approved education for newly elected or appointed 420 |
|---|
| 626 | + | directors within 90 days after being elected or appointed. 421 |
|---|
| 627 | + | 2. The certificate of completion is valid for a maximum of 422 |
|---|
| 628 | + | 4 years. 423 |
|---|
| 629 | + | 3. A director must complete the education specific to 424 |
|---|
| 630 | + | newly elected or appoint ed directors at least every 4 years. 425 |
|---|
| 643 | | - | business days after receipt of the subpoena, unless otherwise 426 |
|---|
| 644 | | - | specified by the law enforcement agency or subpo ena. An 427 |
|---|
| 645 | | - | association must assist a law enforcement agency in its 428 |
|---|
| 646 | | - | investigation to the extent permissible by law. 429 |
|---|
| 647 | | - | (6) BUDGETS.— 430 |
|---|
| 648 | | - | (f) After one or more reserve accounts are established, 431 |
|---|
| 649 | | - | the membership of the association, upon a majority vote at a 432 |
|---|
| 650 | | - | meeting at which a quorum is present, may provide for no 433 |
|---|
| 651 | | - | reserves or less reserves than required by this section. If a 434 |
|---|
| 652 | | - | meeting of the parcel unit owners has been called to determine 435 |
|---|
| 653 | | - | whether to waive or reduce the funding of reserves and such 436 |
|---|
| 654 | | - | result is not achieved or a quorum is not present, the reserves 437 |
|---|
| 655 | | - | as included in the budget go into effect. After the turnover, 438 |
|---|
| 656 | | - | the developer may vote its voting interest to waive or reduce 439 |
|---|
| 657 | | - | the funding of reserves. Any vote taken pursuant to this 440 |
|---|
| 658 | | - | subsection to waive or reduce rese rves is applicable only to one 441 |
|---|
| 659 | | - | budget year. 442 |
|---|
| 660 | | - | (7) FINANCIAL REPORTING. —Within 90 days after the end of 443 |
|---|
| 661 | | - | the fiscal year, or annually on the date provided in the bylaws, 444 |
|---|
| 662 | | - | the association shall prepare and complete, or contract with a 445 |
|---|
| 663 | | - | third party for the preparation and completion of, a financial 446 |
|---|
| 664 | | - | report for the preceding fiscal year. Within 21 days after the 447 |
|---|
| 665 | | - | final financial report is completed by the association or 448 |
|---|
| 666 | | - | received from the third party, but not later than 120 days after 449 |
|---|
| 667 | | - | the end of the fiscal year or other date as provided in the 450 |
|---|
| 643 | + | 4. The department-approved educational curriculum specific 426 |
|---|
| 644 | + | to newly elected or appointed directors must include training 427 |
|---|
| 645 | + | relating to financial literacy and transparency, recordkeeping, 428 |
|---|
| 646 | + | levying of fines, and notice and meeting requirements. 429 |
|---|
| 647 | + | 5. In addition to the educational curriculum specific to 430 |
|---|
| 648 | + | newly elected or appointed directors: 431 |
|---|
| 649 | + | a. A director of an association that has fewer than 2,500 432 |
|---|
| 650 | + | members must complete at least 4 hours of continuing education 433 |
|---|
| 651 | + | annually. 434 |
|---|
| 652 | + | b. A director of an association that has 2,500 members or 435 |
|---|
| 653 | + | more must complete at least 8 hours of continuing education 436 |
|---|
| 654 | + | annually within 1 year before or 90 days after the date of 437 |
|---|
| 655 | + | election or appointment . 438 |
|---|
| 656 | + | (b) The written certification or educational certificate 439 |
|---|
| 657 | + | is valid for the uninterrupted tenure of the director on the 440 |
|---|
| 658 | + | board. A director who does not timely file the written 441 |
|---|
| 659 | + | certification or educational certificate is shall be suspended 442 |
|---|
| 660 | + | from the board until he or she complies with the requirement. 443 |
|---|
| 661 | + | The board may temporarily fill the vacancy during the period of 444 |
|---|
| 662 | + | suspension. 445 |
|---|
| 663 | + | (c) The association shall retain each director's written 446 |
|---|
| 664 | + | certification or educational certificate for inspection by the 447 |
|---|
| 665 | + | members for 5 years after the director's election. However, t he 448 |
|---|
| 666 | + | failure to have the written certification or educational 449 |
|---|
| 667 | + | certificate on file does not affect the validity of any board 450 |
|---|
| 680 | | - | bylaws, the association shall, within the time limits set forth 451 |
|---|
| 681 | | - | in subsection (5), provide each member with a copy of the annual 452 |
|---|
| 682 | | - | financial report or a written notice that a copy of the 453 |
|---|
| 683 | | - | financial report is available upon request at no charge to the 454 |
|---|
| 684 | | - | member. Financial reports shall be prepared as follows: 455 |
|---|
| 685 | | - | (a) An association that meets the criteria of this 456 |
|---|
| 686 | | - | paragraph shall prepare or cause to be prepared a complete set 457 |
|---|
| 687 | | - | of financial statements in accordance with generally accepted 458 |
|---|
| 688 | | - | accounting principles as adopted by the Board o f Accountancy. 459 |
|---|
| 689 | | - | The financial statements shall be based upon the association's 460 |
|---|
| 690 | | - | total annual revenues, as follows: 461 |
|---|
| 691 | | - | 1. An association with total annual revenues of $150,000 462 |
|---|
| 692 | | - | or more, but less than $300,000, shall prepare compiled 463 |
|---|
| 693 | | - | financial statements. 464 |
|---|
| 694 | | - | 2. An association with total annual revenues of at least 465 |
|---|
| 695 | | - | $300,000, but less than $500,000, shall prepare reviewed 466 |
|---|
| 696 | | - | financial statements. 467 |
|---|
| 697 | | - | 3. An association with total annual revenues of $500,000 468 |
|---|
| 698 | | - | or more shall prepare audited financial statements. 469 |
|---|
| 699 | | - | 4. An association with 1,000 parcels or more shall prepare 470 |
|---|
| 700 | | - | audited financial statements, notwithstanding the association's 471 |
|---|
| 701 | | - | total annual revenues. 472 |
|---|
| 702 | | - | (d) If approved by a majority of the voting interests 473 |
|---|
| 703 | | - | present at a properly called meeting of the association, an 474 |
|---|
| 704 | | - | association may prepare or cause to be prepared: 475 |
|---|
| 680 | + | action. 451 |
|---|
| 681 | + | (d) The department shall adopt rules to implement and 452 |
|---|
| 682 | + | administer the educational curriculum and continuing education 453 |
|---|
| 683 | + | requirements under this subsection. 454 |
|---|
| 684 | + | (3) An officer, a director, or a manager may not solicit, 455 |
|---|
| 685 | + | offer to accept, or accept, or receive any thing or service of 456 |
|---|
| 686 | + | value for which consideration has not been provided for his or 457 |
|---|
| 687 | + | her benefit or for the benefit of a member of his or her 458 |
|---|
| 688 | + | immediate family from any person providing or proposing to 459 |
|---|
| 689 | + | provide goods or services to the association. An officer, a 460 |
|---|
| 690 | + | director, or a manager who knowingly solicits, offers to accept, 461 |
|---|
| 691 | + | or accepts, or receives any thing or service of v alue or 462 |
|---|
| 692 | + | kickback that is at least $25 but not more than $1,000 for which 463 |
|---|
| 693 | + | consideration has not been provided for his or her own benefit 464 |
|---|
| 694 | + | or that of his or her immediate family from any person providing 465 |
|---|
| 695 | + | or proposing to provide goods or services to the associ ation 466 |
|---|
| 696 | + | commits a misdemeanor of the first degree, punishable as 467 |
|---|
| 697 | + | provided in s. 775.082 or s. 775.083 and is subject to monetary 468 |
|---|
| 698 | + | damages under s. 617.0834. If such thing or kickback is valued 469 |
|---|
| 699 | + | at $1,000 or more, the officer, director, or manager commits a 470 |
|---|
| 700 | + | felony of the third degree, punishable as provided in s. 471 |
|---|
| 701 | + | 775.082, s. 775.083, or s. 775.084 and is subject to monetary 472 |
|---|
| 702 | + | damages under s. 617.0834. If the board finds that an officer or 473 |
|---|
| 703 | + | a director has violated this subsection, the board shall 474 |
|---|
| 704 | + | immediately remove the officer or director from office. The 475 |
|---|
| 717 | | - | 1. A report of cash receipts and expenditures in lieu of a 476 |
|---|
| 718 | | - | compiled, reviewed, or audited financial statement; 477 |
|---|
| 719 | | - | 2. A report of cash receipts and expenditures or a 478 |
|---|
| 720 | | - | compiled financial statement in lieu of a revi ewed or audited 479 |
|---|
| 721 | | - | financial statement; or 480 |
|---|
| 722 | | - | 3. A report of cash receipts and expenditures, a compiled 481 |
|---|
| 723 | | - | financial statement, or a reviewed financial statement in lieu 482 |
|---|
| 724 | | - | of an audited financial statement. 483 |
|---|
| 725 | | - | 484 |
|---|
| 726 | | - | An association may not prepare a financial statement purs uant to 485 |
|---|
| 727 | | - | this paragraph for consecutive fiscal years. 486 |
|---|
| 728 | | - | (13) DEBIT CARDS.— 487 |
|---|
| 729 | | - | (a) An association and its officers, directors, employees, 488 |
|---|
| 730 | | - | and agents may not use a debit card issued in the name of the 489 |
|---|
| 731 | | - | association, or billed directly to the association, for the 490 |
|---|
| 732 | | - | payment of any association expenses. 491 |
|---|
| 733 | | - | (b) A person who uses a debit card issued in the name of 492 |
|---|
| 734 | | - | the association, or billed directly to the association, for any 493 |
|---|
| 735 | | - | expense that is not a lawful obligation of the association 494 |
|---|
| 736 | | - | commits theft as provided under s. 8 12.014. 495 |
|---|
| 737 | | - | 496 |
|---|
| 738 | | - | For the purposes of this subsection, the term "lawful obligation 497 |
|---|
| 739 | | - | of the association" means an obligation that has been properly 498 |
|---|
| 740 | | - | preapproved by the board and is reflected in the meeting minutes 499 |
|---|
| 741 | | - | or the written budget. 500 |
|---|
| 717 | + | vacancy shall be filled according to law until the end of the 476 |
|---|
| 718 | + | officer's or director's term of office. However, an officer, a 477 |
|---|
| 719 | + | director, or a manager may accept food to be consumed at a 478 |
|---|
| 720 | + | business meeting with a value of less than $25 per individual or 479 |
|---|
| 721 | + | a service or good received in connection with trade fairs or 480 |
|---|
| 722 | + | education programs. 481 |
|---|
| 723 | + | Section 5. Subsections (1) and (4) of section 720.3035, 482 |
|---|
| 724 | + | Florida Statutes, are amended to read: 483 |
|---|
| 725 | + | 720.3035 Architectural control covenant s; parcel owner 484 |
|---|
| 726 | + | improvements; rights and privileges. — 485 |
|---|
| 727 | + | (1) The authority of an association or any architectural, 486 |
|---|
| 728 | + | construction improvement, or other such similar committee of an 487 |
|---|
| 729 | + | association to review and approve plans and specifications for 488 |
|---|
| 730 | + | the location, size, type, or appearance of any structure or 489 |
|---|
| 731 | + | other improvement on a parcel, or to enforce standards for the 490 |
|---|
| 732 | + | external appearance of any structure or improvement located on a 491 |
|---|
| 733 | + | parcel, is shall be permitted only to the extent that the 492 |
|---|
| 734 | + | authority is specifically stated or reasonably inferred as to 493 |
|---|
| 735 | + | such location, size, type, or appearance in the declaration of 494 |
|---|
| 736 | + | covenants or other published guidelines and standards authorized 495 |
|---|
| 737 | + | by the declaration of covenants. An association or any 496 |
|---|
| 738 | + | architectural, construction improvem ent, or similar committee of 497 |
|---|
| 739 | + | an association must reasonably and equitably apply and enforce 498 |
|---|
| 740 | + | on all parcel owners the architectural and construction 499 |
|---|
| 741 | + | improvement standards authorized by the declaration of covenants 500 |
|---|
| 754 | | - | Section 4. Subsections (1) and (3) and paragraph (a) of 501 |
|---|
| 755 | | - | subsection (4) of section 720.3033, Florida Statutes, are 502 |
|---|
| 756 | | - | amended to read: 503 |
|---|
| 757 | | - | 720.3033 Officers and directors. — 504 |
|---|
| 758 | | - | (1)(a) Within 90 days after being elected or appointed to 505 |
|---|
| 759 | | - | the board, each director shall certify in writing to the 506 |
|---|
| 760 | | - | secretary of the association that he or she has read the 507 |
|---|
| 761 | | - | association's declaration of covenants, articles of 508 |
|---|
| 762 | | - | incorporation, bylaws, and current written rules and policies; 509 |
|---|
| 763 | | - | that he or she will work to uphold such documents and policies 510 |
|---|
| 764 | | - | to the best of his o r her ability; and that he or she will 511 |
|---|
| 765 | | - | faithfully discharge his or her fiduciary responsibility to the 512 |
|---|
| 766 | | - | association's members. Within 90 days after being elected or 513 |
|---|
| 767 | | - | appointed to the board, in lieu of such written certification, 514 |
|---|
| 768 | | - | the newly elected or appointe d director must may submit a 515 |
|---|
| 769 | | - | certificate of having satisfactorily completed the educational 516 |
|---|
| 770 | | - | curriculum administered by a department-approved division-517 |
|---|
| 771 | | - | approved education provider. 518 |
|---|
| 772 | | - | 1. The newly elected or appointed director must complete 519 |
|---|
| 773 | | - | the department-approved education for newly elected or appointed 520 |
|---|
| 774 | | - | directors within 90 days after being elected or appointed. 521 |
|---|
| 775 | | - | 2. The certificate of completion is valid for a maximum of 522 |
|---|
| 776 | | - | 4 years. 523 |
|---|
| 777 | | - | 3. At least every 4 years, a director must complete the 524 |
|---|
| 778 | | - | education specific to newly elected or appointed directors. 525 |
|---|
| 754 | + | or other published guidelines and standards authorized by the 501 |
|---|
| 755 | + | declaration of covenants. 502 |
|---|
| 756 | + | (4) Each parcel owner is shall be entitled to the rights 503 |
|---|
| 757 | + | and privileges set forth in the declaration of covenants or 504 |
|---|
| 758 | + | other published guidelines and standards authorized by the 505 |
|---|
| 759 | + | declaration of covenants concerni ng the architectural use of the 506 |
|---|
| 760 | + | parcel, and the construction of permitted structures and 507 |
|---|
| 761 | + | improvements on the parcel and such rights and privileges may 508 |
|---|
| 762 | + | shall not be unreasonably infringed upon or impaired by the 509 |
|---|
| 763 | + | association or any architectural, constructio n improvement, or 510 |
|---|
| 764 | + | other such similar committee of the association. If the 511 |
|---|
| 765 | + | association or any architectural, construction improvement, or 512 |
|---|
| 766 | + | other such similar committee of the association denies a parcel 513 |
|---|
| 767 | + | owner's request or application for the construction of a 514 |
|---|
| 768 | + | structure or other improvement on a parcel, the association or 515 |
|---|
| 769 | + | committee must provide written notice to the parcel owner 516 |
|---|
| 770 | + | stating with specificity the rule or covenant on which the 517 |
|---|
| 771 | + | association or committee relied when denying the request or 518 |
|---|
| 772 | + | application and the specific aspect or part of the proposed 519 |
|---|
| 773 | + | improvement that does not conform to such rule or covenant. If 520 |
|---|
| 774 | + | the association or any architectural, construction improvement, 521 |
|---|
| 775 | + | or other such similar committee of the association should 522 |
|---|
| 776 | + | unreasonably, knowingly, and willfully infringe upon or impair 523 |
|---|
| 777 | + | the rights and privileges set forth in the declaration of 524 |
|---|
| 778 | + | covenants or other published guidelines and standards authorized 525 |
|---|
| 791 | | - | 4. The department-approved educational curriculum specific 526 |
|---|
| 792 | | - | to newly elected or appointed directors must include training 527 |
|---|
| 793 | | - | relating to financial literacy and transparency, recordkeeping, 528 |
|---|
| 794 | | - | levying of fines, and notice an d meeting requirements. 529 |
|---|
| 795 | | - | 5. In addition to the educational curriculum specific to 530 |
|---|
| 796 | | - | newly elected or appointed directors: 531 |
|---|
| 797 | | - | a. A director of an association that has fewer than 2,500 532 |
|---|
| 798 | | - | parcels must complete at least 4 hours of continuing education 533 |
|---|
| 799 | | - | annually. 534 |
|---|
| 800 | | - | b. A director of an association that has 2,500 parcels or 535 |
|---|
| 801 | | - | more must complete at least 8 hours of continuing education 536 |
|---|
| 802 | | - | annually within 1 year before or 90 days after the date of 537 |
|---|
| 803 | | - | election or appointment . 538 |
|---|
| 804 | | - | (b) The written certification or educational certifi cate 539 |
|---|
| 805 | | - | is valid for the uninterrupted tenure of the director on the 540 |
|---|
| 806 | | - | board. A director who does not timely file the written 541 |
|---|
| 807 | | - | certification or educational certificate is shall be suspended 542 |
|---|
| 808 | | - | from the board until he or she complies with the requirement. 543 |
|---|
| 809 | | - | The board may temporarily fill the vacancy during the period of 544 |
|---|
| 810 | | - | suspension. 545 |
|---|
| 811 | | - | (c) The association shall retain each director's written 546 |
|---|
| 812 | | - | certification or educational certificate for inspection by the 547 |
|---|
| 813 | | - | members for 5 years after the director's election. However, the 548 |
|---|
| 814 | | - | failure to have the written certification or educational 549 |
|---|
| 815 | | - | certificate on file does not affect the validity of any board 550 |
|---|
| 791 | + | by the declaration of covenants, the adversely affected parcel 526 |
|---|
| 792 | + | owner is shall be entitled to recover damages caused by such 527 |
|---|
| 793 | + | infringement or impairment, including any costs and reasonable 528 |
|---|
| 794 | + | attorney attorney's fees incurred in preserving or restoring the 529 |
|---|
| 795 | + | rights and privileges of the parcel owner set forth in the 530 |
|---|
| 796 | + | declaration of covenants or other publis hed guidelines and 531 |
|---|
| 797 | + | standards authorized by the declaration of covenants. 532 |
|---|
| 798 | + | Section 6. Paragraph (c) of subsection (3) of section 533 |
|---|
| 799 | + | 720.3085, Florida Statutes, is amended to read: 534 |
|---|
| 800 | + | 720.3085 Payment for assessments; lien claims. — 535 |
|---|
| 801 | + | (3) Assessments and insta llments on assessments that are 536 |
|---|
| 802 | + | not paid when due bear interest from the due date until paid at 537 |
|---|
| 803 | + | the rate provided in the declaration of covenants or the bylaws 538 |
|---|
| 804 | + | of the association, which rate may not exceed the rate allowed 539 |
|---|
| 805 | + | by law. If no rate is provided in the declaration or bylaws, 540 |
|---|
| 806 | + | interest accrues at the rate of 18 percent per year. 541 |
|---|
| 807 | + | (c)1. If an association sends out an invoice for 542 |
|---|
| 808 | + | assessments or a parcel's statement of the account described in 543 |
|---|
| 809 | + | s. 720.303(4)(a)10.b. s. 720.303(4)(j)2., the invoice for 544 |
|---|
| 810 | + | assessments or the parcel's statement of account must be 545 |
|---|
| 811 | + | delivered to the parcel owner by first -class United States mail 546 |
|---|
| 812 | + | or by electronic transmission to the parcel owner's e -mail 547 |
|---|
| 813 | + | address maintained in the association's official records. 548 |
|---|
| 814 | + | 2. Before changing the method of delivery for an invoice 549 |
|---|
| 815 | + | for assessments or the statement of the account, the association 550 |
|---|
| 828 | | - | action. 551 |
|---|
| 829 | | - | (d) The department shall adopt rules to implement and 552 |
|---|
| 830 | | - | administer the educational curriculum and continuing education 553 |
|---|
| 831 | | - | requirements under this subsection. 554 |
|---|
| 832 | | - | (3) An officer, a director, or a manager may not solicit, 555 |
|---|
| 833 | | - | offer to accept, or accept a kickback. As used in this 556 |
|---|
| 834 | | - | subsection, the term "kickback" means any thing or service of 557 |
|---|
| 835 | | - | value for which consideration has not been provided for an 558 |
|---|
| 836 | | - | officer's, a director's, or a manager's his or her benefit or 559 |
|---|
| 837 | | - | for the benefit of a member of his or her immediate family from 560 |
|---|
| 838 | | - | any person providing or proposing to provide goods or services 561 |
|---|
| 839 | | - | to the association. An officer, a director, or a manager who 562 |
|---|
| 840 | | - | knowingly solicits, offers to accept, or accepts a any thing or 563 |
|---|
| 841 | | - | service of value or kickback commits a felony of the third 564 |
|---|
| 842 | | - | degree, punishable as provided in s. 775.082, s. 775.083, or s. 565 |
|---|
| 843 | | - | 775.084, and for which consideration has not been provided for 566 |
|---|
| 844 | | - | his or her own benefit or that of his or her immediate family 567 |
|---|
| 845 | | - | from any person providing or proposing to provide goods or 568 |
|---|
| 846 | | - | services to the association is subject to monetary damages under 569 |
|---|
| 847 | | - | s. 617.0834. If the board finds that an officer or a director 570 |
|---|
| 848 | | - | has violated this subsection, the board shall immediately remove 571 |
|---|
| 849 | | - | the officer or director from office. The vacancy shall be filled 572 |
|---|
| 850 | | - | according to law until the end of the officer's or director's 573 |
|---|
| 851 | | - | term of office. However, an officer, a director, or a manager 574 |
|---|
| 852 | | - | may accept food to be consumed at a business meeting with a 575 |
|---|
| 853 | | - | |
|---|
| 854 | | - | CS/CS/HB 1243 2024 |
|---|
| 855 | | - | |
|---|
| 856 | | - | |
|---|
| 857 | | - | |
|---|
| 858 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 859 | | - | hb1243-02-c2 |
|---|
| 860 | | - | Page 24 of 30 |
|---|
| 861 | | - | 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 |
|---|
| 862 | | - | |
|---|
| 863 | | - | |
|---|
| 864 | | - | |
|---|
| 865 | | - | value of less than $25 per individual or a service or good 576 |
|---|
| 866 | | - | received in connection with trade fairs or education programs. 577 |
|---|
| 867 | | - | (4)(a) A director or an officer charged by information or 578 |
|---|
| 868 | | - | indictment with any of the follow ing crimes must be removed from 579 |
|---|
| 869 | | - | office and a vacancy declared : 580 |
|---|
| 870 | | - | 1. Forgery of a ballot envelope or voting certificate used 581 |
|---|
| 871 | | - | in a homeowners' association election as provided in s. 831.01. 582 |
|---|
| 872 | | - | 2. Theft or embezzlement involving the association's funds 583 |
|---|
| 873 | | - | or property as provided in s. 812.014. 584 |
|---|
| 874 | | - | 3. Destruction of or the refusal to allow inspection or 585 |
|---|
| 875 | | - | copying of an official record of a homeowners' association which 586 |
|---|
| 876 | | - | is accessible to parcel owners within the time periods required 587 |
|---|
| 877 | | - | by general law, in furtherance of any crime. Such act 588 |
|---|
| 878 | | - | constitutes tampering with physical evidence as provided in s. 589 |
|---|
| 879 | | - | 918.13. 590 |
|---|
| 880 | | - | 4. Obstruction of justice as provided in chapter 843. 591 |
|---|
| 881 | | - | 5. Any criminal violation under this chapter. 592 |
|---|
| 882 | | - | Section 5. Subsections (1) and (4) of section 720.3035, 593 |
|---|
| 883 | | - | Florida Statutes, are amended to read: 594 |
|---|
| 884 | | - | 720.3035 Architectural control covenants; parcel owner 595 |
|---|
| 885 | | - | improvements; rights and privileges. — 596 |
|---|
| 886 | | - | (1) The authority of an association or any architectural, 597 |
|---|
| 887 | | - | construction improvement, or other such similar committee of an 598 |
|---|
| 888 | | - | association to review and approve plans and specifications for 599 |
|---|
| 889 | | - | the location, size, type, or appearance of any structure or 600 |
|---|
| 890 | | - | |
|---|
| 891 | | - | CS/CS/HB 1243 2024 |
|---|
| 892 | | - | |
|---|
| 893 | | - | |
|---|
| 894 | | - | |
|---|
| 895 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 896 | | - | hb1243-02-c2 |
|---|
| 897 | | - | Page 25 of 30 |
|---|
| 898 | | - | 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 |
|---|
| 899 | | - | |
|---|
| 900 | | - | |
|---|
| 901 | | - | |
|---|
| 902 | | - | other improvement on a parcel, or to enforce standards for the 601 |
|---|
| 903 | | - | external appearance of any structure or improvement located on a 602 |
|---|
| 904 | | - | parcel, is shall be permitted only to the extent that the 603 |
|---|
| 905 | | - | authority is specifically stated or reasonably inferred as to 604 |
|---|
| 906 | | - | such location, size, type, or appearance in the declaration of 605 |
|---|
| 907 | | - | covenants or other published guidelines and standards authorized 606 |
|---|
| 908 | | - | by the declaration of covenants. An association or any 607 |
|---|
| 909 | | - | architectural, construction improvement, or similar committee of 608 |
|---|
| 910 | | - | an association must reasonably and equitably apply and enforce 609 |
|---|
| 911 | | - | on all parcel owners the architectural and construction 610 |
|---|
| 912 | | - | improvement standards authorized by the declaration of covenants 611 |
|---|
| 913 | | - | or other published guidelines and standards authorized by the 612 |
|---|
| 914 | | - | declaration of covenants. 613 |
|---|
| 915 | | - | (4) Each parcel owner is shall be entitled to the rights 614 |
|---|
| 916 | | - | and privileges set forth in the declaration of covenants or 615 |
|---|
| 917 | | - | other published guidelines and standards authorized by the 616 |
|---|
| 918 | | - | declaration of covenants concerning the architectural use of the 617 |
|---|
| 919 | | - | parcel, and the construction of permitted structures and 618 |
|---|
| 920 | | - | improvements on the parcel and such rights and privileges may 619 |
|---|
| 921 | | - | shall not be unreasonably inf ringed upon or impaired by the 620 |
|---|
| 922 | | - | association or any architectural, construction improvement, or 621 |
|---|
| 923 | | - | other such similar committee of the association. If the 622 |
|---|
| 924 | | - | association or any architectural, construction improvement, or 623 |
|---|
| 925 | | - | other such similar committee of the associa tion denies a parcel 624 |
|---|
| 926 | | - | owner's request or application for the construction of a 625 |
|---|
| 927 | | - | |
|---|
| 928 | | - | CS/CS/HB 1243 2024 |
|---|
| 929 | | - | |
|---|
| 930 | | - | |
|---|
| 931 | | - | |
|---|
| 932 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 933 | | - | hb1243-02-c2 |
|---|
| 934 | | - | Page 26 of 30 |
|---|
| 935 | | - | 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 |
|---|
| 936 | | - | |
|---|
| 937 | | - | |
|---|
| 938 | | - | |
|---|
| 939 | | - | structure or other improvement on a parcel, the association or 626 |
|---|
| 940 | | - | committee must provide written notice to the parcel owner 627 |
|---|
| 941 | | - | stating with specificity the rule or covenant on which th e 628 |
|---|
| 942 | | - | association or committee relied when denying the request or 629 |
|---|
| 943 | | - | application and the specific aspect or part of the proposed 630 |
|---|
| 944 | | - | improvement that does not conform to such rule or covenant. If 631 |
|---|
| 945 | | - | the association or any architectural, construction improvement, 632 |
|---|
| 946 | | - | or other such similar committee of the association should 633 |
|---|
| 947 | | - | unreasonably, knowingly, and willfully infringe upon or impair 634 |
|---|
| 948 | | - | the rights and privileges set forth in the declaration of 635 |
|---|
| 949 | | - | covenants or other published guidelines and standards authorized 636 |
|---|
| 950 | | - | by the declaration of covenants, the adversely affected parcel 637 |
|---|
| 951 | | - | owner is shall be entitled to recover damages caused by such 638 |
|---|
| 952 | | - | infringement or impairment, including any costs and reasonable 639 |
|---|
| 953 | | - | attorney attorney's fees incurred in preserving or restoring the 640 |
|---|
| 954 | | - | rights and privileges of the parcel owner set forth in the 641 |
|---|
| 955 | | - | declaration of covenants or other published guidelines and 642 |
|---|
| 956 | | - | standards authorized by the declaration of covenants. 643 |
|---|
| 957 | | - | Section 6. Paragraph (c) of subsec tion (3) of section 644 |
|---|
| 958 | | - | 720.3085, Florida Statutes, is amended to read: 645 |
|---|
| 959 | | - | 720.3085 Payment for assessments; lien claims. — 646 |
|---|
| 960 | | - | (3) Assessments and installments on assessments that are 647 |
|---|
| 961 | | - | not paid when due bear interest from the due date until paid at 648 |
|---|
| 962 | | - | the rate provided in the declaration of covenants or the bylaws 649 |
|---|
| 963 | | - | of the association, which rate may not exceed the rate allowed 650 |
|---|
| 964 | | - | |
|---|
| 965 | | - | CS/CS/HB 1243 2024 |
|---|
| 966 | | - | |
|---|
| 967 | | - | |
|---|
| 968 | | - | |
|---|
| 969 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 970 | | - | hb1243-02-c2 |
|---|
| 971 | | - | Page 27 of 30 |
|---|
| 972 | | - | 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 |
|---|
| 973 | | - | |
|---|
| 974 | | - | |
|---|
| 975 | | - | |
|---|
| 976 | | - | by law. If no rate is provided in the declaration or bylaws, 651 |
|---|
| 977 | | - | interest accrues at the rate of 18 percent per year. 652 |
|---|
| 978 | | - | (c)1. If an association send s out an invoice for 653 |
|---|
| 979 | | - | assessments or a parcel's statement of the account described in 654 |
|---|
| 980 | | - | s. 720.303(4)(a)10.b. s. 720.303(4)(j)2., the invoice for 655 |
|---|
| 981 | | - | assessments or the parcel's statement of account must be 656 |
|---|
| 982 | | - | delivered to the parcel owner by first -class United States mail 657 |
|---|
| 983 | | - | or by electronic transmission to the parcel owner's e -mail 658 |
|---|
| 984 | | - | address maintained in the association's official records. 659 |
|---|
| 985 | | - | 2. Before changing the method of delivery for an invoice 660 |
|---|
| 986 | | - | for assessments or the statement of the account, the association 661 |
|---|
| 987 | | - | must deliver a written notice of such change to each parcel 662 |
|---|
| 988 | | - | owner. The written notice must be delivered to the parcel owner 663 |
|---|
| 989 | | - | at least 30 days before the association sends the invoice for 664 |
|---|
| 990 | | - | assessments or the statement of the account by the new delivery 665 |
|---|
| 991 | | - | method. The notice must be sent by first -class United States 666 |
|---|
| 992 | | - | mail to the owner at his or her last address as reflected in the 667 |
|---|
| 993 | | - | association's records and, if such address is not the parcel 668 |
|---|
| 994 | | - | address, must be sent by first -class United States mail to the 669 |
|---|
| 995 | | - | parcel address. Notice is deemed to have been delivered upon 670 |
|---|
| 996 | | - | mailing as required by this subparagraph. 671 |
|---|
| 997 | | - | 3. A parcel owner must affirmatively acknowledge his or 672 |
|---|
| 998 | | - | her understanding that the association will change its method of 673 |
|---|
| 999 | | - | delivery of the invoice for assessments or the st atement of the 674 |
|---|
| 1000 | | - | account before the association may change the method of 675 |
|---|
| 1001 | | - | |
|---|
| 1002 | | - | CS/CS/HB 1243 2024 |
|---|
| 1003 | | - | |
|---|
| 1004 | | - | |
|---|
| 1005 | | - | |
|---|
| 1006 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1007 | | - | hb1243-02-c2 |
|---|
| 1008 | | - | Page 28 of 30 |
|---|
| 1009 | | - | 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 |
|---|
| 1010 | | - | |
|---|
| 1011 | | - | |
|---|
| 1012 | | - | |
|---|
| 1013 | | - | delivering an invoice for assessments or the statement of 676 |
|---|
| 1014 | | - | account. The parcel owner may make the affirmative 677 |
|---|
| 1015 | | - | acknowledgment electronically or in writing. 678 |
|---|
| 1016 | | - | Section 7. Section 720.317, Florida Statutes, is amended 679 |
|---|
| 1017 | | - | to read: 680 |
|---|
| 1018 | | - | 720.317 Electronic voting. — 681 |
|---|
| 1019 | | - | (1) The association may conduct elections and other 682 |
|---|
| 1020 | | - | membership votes through an Internet -based online voting system 683 |
|---|
| 1021 | | - | if a member consents, electronically or in writing, to online 684 |
|---|
| 1022 | | - | voting and if the following requirements are met: 685 |
|---|
| 1023 | | - | (a)(1) The association provides each member with: 686 |
|---|
| 1024 | | - | 1.(a) A method to authenticate the member's identity to 687 |
|---|
| 1025 | | - | the online voting system. 688 |
|---|
| 1026 | | - | 2.(b) A method to confirm, at least 14 days before the 689 |
|---|
| 1027 | | - | voting deadline, tha t the member's electronic device can 690 |
|---|
| 1028 | | - | successfully communicate with the online voting system. 691 |
|---|
| 1029 | | - | 3.(c) A method that is consistent with the election and 692 |
|---|
| 1030 | | - | voting procedures in the association's bylaws. 693 |
|---|
| 1031 | | - | (b)(2) The association uses an online voting system that 694 |
|---|
| 1032 | | - | is: 695 |
|---|
| 1033 | | - | 1.(a) Able to authenticate the member's identity. 696 |
|---|
| 1034 | | - | 2.(b) Able to authenticate the validity of each electronic 697 |
|---|
| 1035 | | - | vote to ensure that the vote is not altered in transit. 698 |
|---|
| 1036 | | - | 3.(c) Able to transmit a receipt from the online voting 699 |
|---|
| 1037 | | - | system to each member wh o casts an electronic vote. 700 |
|---|
| 1038 | | - | |
|---|
| 1039 | | - | CS/CS/HB 1243 2024 |
|---|
| 1040 | | - | |
|---|
| 1041 | | - | |
|---|
| 1042 | | - | |
|---|
| 1043 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1044 | | - | hb1243-02-c2 |
|---|
| 1045 | | - | Page 29 of 30 |
|---|
| 1046 | | - | 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 |
|---|
| 1047 | | - | |
|---|
| 1048 | | - | |
|---|
| 1049 | | - | |
|---|
| 1050 | | - | 4.(d) Able to permanently separate any authentication or 701 |
|---|
| 1051 | | - | identifying information from the electronic election ballot, 702 |
|---|
| 1052 | | - | rendering it impossible to tie an election ballot to a specific 703 |
|---|
| 1053 | | - | member. This paragraph only applies if the association's bylaws 704 |
|---|
| 1054 | | - | provide for secret ballots for the election of directors. 705 |
|---|
| 1055 | | - | 5.(e) Able to store and keep electronic ballots accessible 706 |
|---|
| 1056 | | - | to election officials for recount, inspection, and review 707 |
|---|
| 1057 | | - | purposes. 708 |
|---|
| 1058 | | - | (2)(3) A member voting electronically pursuant to this 709 |
|---|
| 1059 | | - | section shall be counted a s being in attendance at the meeting 710 |
|---|
| 1060 | | - | for purposes of determining a quorum. 711 |
|---|
| 1061 | | - | (3)(4) This section applies to an association that 712 |
|---|
| 1062 | | - | provides for and authorizes an online voting system pursuant to 713 |
|---|
| 1063 | | - | this section by a board resolution. The board resolution must 714 |
|---|
| 1064 | | - | provide that members receive notice of the opportunity to vote 715 |
|---|
| 1065 | | - | through an online voting system, must establish reasonable 716 |
|---|
| 1066 | | - | procedures and deadlines for members to consent, electronically 717 |
|---|
| 1067 | | - | or in writing, to online voting, and must establish reasonable 718 |
|---|
| 1068 | | - | procedures and deadlines for members to opt out of online voting 719 |
|---|
| 1069 | | - | after giving consent. Written notice of a meeting at which the 720 |
|---|
| 1070 | | - | board resolution regarding online voting will be considered must 721 |
|---|
| 1071 | | - | be mailed, delivered, or electronically transmitted to the unit 722 |
|---|
| 1072 | | - | owners and posted conspicuously on the condominium property or 723 |
|---|
| 1073 | | - | association property at least 14 days before the meeting. 724 |
|---|
| 1074 | | - | Evidence of compliance with the 14 -day notice requirement must 725 |
|---|
| 1075 | | - | |
|---|
| 1076 | | - | CS/CS/HB 1243 2024 |
|---|
| 1077 | | - | |
|---|
| 1078 | | - | |
|---|
| 1079 | | - | |
|---|
| 1080 | | - | CODING: Words stricken are deletions; words underlined are additions. |
|---|
| 1081 | | - | hb1243-02-c2 |
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| 1082 | | - | Page 30 of 30 |
|---|
| 1083 | | - | 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 |
|---|
| 1084 | | - | |
|---|
| 1085 | | - | |
|---|
| 1086 | | - | |
|---|
| 1087 | | - | be made by an affidavit executed by the person providing the 726 |
|---|
| 1088 | | - | notice and filed with the official records of the association. 727 |
|---|
| 1089 | | - | (4)(5) A member's consent to online voting is valid until 728 |
|---|
| 1090 | | - | the member opts out of online voting pursuant to the procedures 729 |
|---|
| 1091 | | - | established by the board of administration pursuant to 730 |
|---|
| 1092 | | - | subsection (3) (4). 731 |
|---|
| 1093 | | - | (5)(6) This section may apply to any matter that requires 732 |
|---|
| 1094 | | - | a vote of the members. 733 |
|---|
| 1095 | | - | Section 8. This act shall take effect July 1, 2024. 734 |
|---|
| 828 | + | must deliver a written notice of such change to each parcel 551 |
|---|
| 829 | + | owner. The written notice must be delivered to the parcel owner 552 |
|---|
| 830 | + | at least 30 days before the association sends the invoice for 553 |
|---|
| 831 | + | assessments or the statement of the account by the new delivery 554 |
|---|
| 832 | + | method. The notice must be sent by first -class United States 555 |
|---|
| 833 | + | mail to the owner at his or her last address as reflected in the 556 |
|---|
| 834 | + | association's records and, if su ch address is not the parcel 557 |
|---|
| 835 | + | address, must be sent by first -class United States mail to the 558 |
|---|
| 836 | + | parcel address. Notice is deemed to have been delivered upon 559 |
|---|
| 837 | + | mailing as required by this subparagraph. 560 |
|---|
| 838 | + | 3. A parcel owner must affirmatively acknowledge his or 561 |
|---|
| 839 | + | her understanding that the association will change its method of 562 |
|---|
| 840 | + | delivery of the invoice for assessments or the statement of the 563 |
|---|
| 841 | + | account before the association may change the method of 564 |
|---|
| 842 | + | delivering an invoice for assessments or the statement of 565 |
|---|
| 843 | + | account. The parcel owner may make the affirmative 566 |
|---|
| 844 | + | acknowledgment electronically or in writing. 567 |
|---|
| 845 | + | Section 7. This act shall take effect July 1, 2024. 568 |
|---|