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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to condominium associations; amending 2
s. 627.351, F.S.; prohibiting Citizens Property 3
Insurance Corporation from issuing or renewing 4
insurance policies to unit owners or associations 5
under certain circumstances; amending s. 718.110, 6
F.S.; providing that the declaration of a 7
nonresidential condominium may be amended to change 8
certain provisions if all affected record owners join 9
in the execution of such amendment; requiring certain 10
documents to be served at a unit owner's address as 11
reflected in the association's official records; 12
amending s. 718.111, F.S.; requiring, rather than 13
authorizing, an association to provide adequate 14
insurance coverage; revising the requisite intent 15
necessary for criminal penalties; requiring 16
associations to maintain the most recent annual 17
financial statement and annual budget on the 18
condominium property; removing the requirement for an 19
association to provide a unit owner specified notice 20
that the most updated financial report will be 21
provided to the unit owner upon r equest; providing 22
legislative findings; authorizing the board of an 23
association to levy special assessments and obtain 24
loans for certain purposes without approval of the 25
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
membership; providing applicability; amending s. 26
718.112, F.S.; authorizing an associa tion to adopt 27
written reasonable rules governing unit owner 28
questions at a meeting; authorizing an association 29
operating a nonresidential condominium to provide for 30
different voting and election procedures; authorizing 31
a majority of the total voting intere sts of certain 32
associations to approve the provision of a specified 33
line of credit to be used for certain purposes; 34
authorizing an association's reserve accounts to be 35
pooled; specifying that a conflict of interest exists 36
if the person conducting a structu ral integrity 37
reserve study or milestone inspection provides or 38
contracts to provide repair or replacement services on 39
certain property; revising applicability; requiring 40
the Department of Business and Professional Regulation 41
to initiate rulemaking by a specified date for a 42
certain purpose; prohibiting the suspension of a 43
voting interest of a condominium when voting to recall 44
a member of the board of administration; prohibiting 45
any prior suspension of voting rights from having any 46
effect; removing certain p rovisions relating to the 47
method for recalling members of the board; requiring 48
that a recall agreement be served on the association 49
by registered mail, rather than by certified mail or 50
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
by personal service; providing that service must be 51
provided in a specified manner to be valid; providing 52
that a rejection of a unit owner's recall agreement 53
applies under certain circumstances; providing that 54
there is a rebuttable presumption that a unit owner 55
executing a recall agreement is the designated voter 56
for the unit; prohibiting an association from 57
enforcing a voting certificate requirement under 58
certain circumstances; requiring that a rescission or 59
revocation of a unit owner's recall agreement be in 60
writing and delivered to the association before an 61
association is served with the written recall 62
agreement; providing construction; revising the 63
timeframe in which a certain petition or action must 64
be filed; requiring that an association be named as 65
the respondent in such petition or action; revising 66
the timeframe in whic h the Division of Florida 67
Condominiums, Timeshares, and Mobile Homes or a court 68
may not accept a recall petition or a court action; 69
providing that a director or an officer is delinquent 70
if payment is not made by a specified due date 71
identified in the decla rations, bylaws, or articles of 72
incorporation; providing that a payment is delinquent 73
on the first day of the assessment period if no 74
specified due date is in the declarations, bylaws, or 75
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
articles of incorporation; amending s. 718.113, F.S.; 76
requiring the board to determine whose responsibility 77
it is to pay for removal or reinstallation of 78
hurricane protection; removing authorization for an 79
association to enforce and collect certain charges as 80
assessments; amending s. 718.116, F.S.; providing 81
legislative findings; authorizing the board of an 82
association to levy special assessments for certain 83
purposes without approval of the membership; providing 84
applicability; amending s. 718.117, F.S.; authorizing 85
termination of a condominium if the estimated costs of 86
replacement, in addition to certain construction or 87
repair costs, exceed the estimated fair market value 88
of the units; requiring approval for termination of a 89
condominium by a specified percentage of the voting 90
interests under certain circumstances; removing 91
provision prohibiting a plan of termination if a 92
certain percentage of the total voting interests 93
reject the plan; specifying how members can reject a 94
plan of termination; providing that certain provisions 95
relating to a plan of termination apply to resident ial 96
condominiums only; requiring a plan of termination to 97
be approved by the division; authorizing condominiums 98
to amend their declarations by a specified vote to 99
include certain provisions of statutory law; providing 100
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additional reasons a unit owner or lie nor can contest 101
the apportionment of proceed from a sale of the 102
condominium; amending s. 718.1255, F.S.; providing 103
requirements for bringing an action to challenge an 104
election or a recall; authorizing certain persons to 105
file a notice of removal and complai nt in circuit 106
court within a specified timeframe after service of a 107
petition to arbitrate an election or recall disputes; 108
barring actions that are not timely filed and 109
rendering the arbitration decision final; providing 110
requirements for filing a notice of removal and 111
complaint and bringing an action to challenge the 112
arbitration decision; specifying the sole method in 113
which the division or court may award costs and 114
attorney fees in a dispute involving the recall of a 115
director; amending s. 718.128, F.S.; remo ving a 116
requirement for written notice of certain meetings; 117
requiring, after a specified percentage of voting 118
interests adopts a resolution, a board to hold a 119
meeting within a certain timeframe; requiring a board 120
to receive a petition to adopt a resolution within a 121
certain timeframe; requiring an association to have a 122
designated e-mail address for receipt of ballots 123
transmitted electronically; providing requirements for 124
electronically transmitting a ballot; providing a 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
presumption; amending s. 718.203, F.S.; providing that 126
all condominiums, not just residential, can be covered 127
by an insured warranty program; amending s. 718.301, 128
F.S.; providing that certain provisions of law 129
relating to transfer of control of an association do 130
not apply to certain residential condominiums 131
beginning on a specified date; amending s. 718.302, 132
F.S.; providing that if unit owners own a specified 133
percentage of voting interests in certain condominiums 134
that certain agreements may be cancelled by the unit 135
owners; amending s. 718.407, F .S.; requiring that a 136
specified report be provided to an association within 137
a certain amount of time after the end of the fiscal 138
year; requiring copies of receipts and invoices be 139
included with the report; authorizing an association 140
to challenge the apport ionment of certain costs of the 141
shared facilities within a certain amount of time; 142
providing construction; amending s. 718.503, F.S.; 143
requiring a developer or unit owner to provide one 144
notice, instead of two, to a buyer before the sale of 145
a unit; requiring a unit owner to provide the most 146
recent annual financial statement and annual budget to 147
a buyer before the sale of a unit; amending ch. 2024 -148
244, Laws of Florida; providing that certain 149
amendments that were made to the Condominium Act do 150
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
not revive a right or interest in a matter pending 151
adjudication before a specified date; providing an 152
effective date. 153
154
Be It Enacted by the Legislature of the State of Florida: 155
156
Section 1. Paragraph (a) of subsection (6) of section 157
627.351, Florida Statutes, is ame nded to read: 158
627.351 Insurance risk apportionment plans. — 159
(6) CITIZENS PROPERTY INSURANCE CORPORATION. — 160
(a) The public purpose of this subsection is to ensure 161
that there is an orderly market for property insurance for 162
residents and businesses of thi s state. 163
1. The Legislature finds that private insurers are 164
unwilling or unable to provide affordable property insurance 165
coverage in this state to the extent sought and needed. The 166
absence of affordable property insurance threatens the public 167
health, safety, and welfare and likewise threatens the economic 168
health of the state. The state therefore has a compelling public 169
interest and a public purpose to assist in assuring that 170
property in the state is insured and that it is insured at 171
affordable rates so as to facilitate the remediation, 172
reconstruction, and replacement of damaged or destroyed property 173
in order to reduce or avoid the negative effects otherwise 174
resulting to the public health, safety, and welfare, to the 175
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
economy of the state, and to the revenue s of the state and local 176
governments which are needed to provide for the public welfare. 177
It is necessary, therefore, to provide affordable property 178
insurance to applicants who are in good faith entitled to 179
procure insurance through the voluntary market but are unable to 180
do so. The Legislature intends, therefore, that affordable 181
property insurance be provided and that it continue to be 182
provided, as long as necessary, through Citizens Property 183
Insurance Corporation, a government entity that is an integral 184
part of the state, and that is not a private insurance company. 185
To that end, the corporation shall strive to increase the 186
availability of affordable property insurance in this state, 187
while achieving efficiencies and economies, and while providing 188
service to policyholders, applicants, and agents which is no 189
less than the quality generally provided in the voluntary 190
market, for the achievement of the foregoing public purposes. 191
Because it is essential for this government entity to have the 192
maximum financial resour ces to pay claims following a 193
catastrophic hurricane, it is the intent of the Legislature that 194
the corporation continue to be an integral part of the state and 195
that the income of the corporation be exempt from federal income 196
taxation and that interest on t he debt obligations issued by the 197
corporation be exempt from federal income taxation. 198
2. The Residential Property and Casualty Joint 199
Underwriting Association originally created by this statute 200
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
shall be known as the Citizens Property Insurance Corporation . 201
The corporation shall provide insurance for residential and 202
commercial property, for applicants who are entitled, but, in 203
good faith, are unable to procure insurance through the 204
voluntary market. The corporation shall operate pursuant to a 205
plan of operation approved by order of the Financial Services 206
Commission. The plan is subject to continuous review by the 207
commission. The commission may, by order, withdraw approval of 208
all or part of a plan if the commission determines that 209
conditions have changed since approval was granted and that the 210
purposes of the plan require changes in the plan. For the 211
purposes of this subsection, residential coverage includes both 212
personal lines residential coverage, which consists of the type 213
of coverage provided by homeowner, mobile home owner, dwelling, 214
tenant, condominium unit owner, and similar policies; and 215
commercial lines residential coverage, which consists of the 216
type of coverage provided by condominium association, apartment 217
building, and similar policies. 218
3. With respect to coverage for personal lines residential 219
structures: 220
a. Effective January 1, 2017, a structure that has a 221
dwelling replacement cost of $700,000 or more, or a single 222
condominium unit that has a combined dwelling and contents 223
replacement cost of $7 00,000 or more, is not eligible for 224
coverage by the corporation. 225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
b. The requirements of sub -subparagraph a. do not apply in 226
counties where the office determines there is not a reasonable 227
degree of competition. In such counties a personal lines 228
residential structure that has a dwelling replacement cost of 229
less than $1 million, or a single condominium unit that has a 230
combined dwelling and contents replacement cost of less than $1 231
million, is eligible for coverage by the corporation. 232
4. It is the intent of the Legislature that policyholders, 233
applicants, and agents of the corporation receive service and 234
treatment of the highest possible level but never less than that 235
generally provided in the voluntary market. It is also intended 236
that the corporation be held to service standards no less than 237
those applied to insurers in the voluntary market by the office 238
with respect to responsiveness, timeliness, customer courtesy, 239
and overall dealings with policyholders, applicants, or agents 240
of the corporation. 241
5.a. Effective January 1, 2009, a personal lines 242
residential structure that is located in the "wind -borne debris 243
region," as defined in s. 1609.2, International Building Code 244
(2006), and that has an insured value on the structure of 245
$750,000 or more is not eligible for coverage by the corporation 246
unless the structure has opening protections as required under 247
the Florida Building Code for a newly constructed residential 248
structure in that area. A residential structure is deemed to 249
comply with this sub -subparagraph if it has shutters or opening 250
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
protections on all openings and if such opening protections 251
complied with the Florida Building Code at the time they were 252
installed. 253
b. Any major structure, as defined in s. 161.54(6)(a), 254
that is newly constructed, or rebuilt, repaired, restored, or 255
remodeled to increase the total square footage of finished area 256
by more than 25 percent, pursuant to a permit applied for after 257
July 1, 2015, is not eligible for coverage by the corporation if 258
the structure is seaward of the coastal construction control 259
line established pursuant to s. 161.053 or is within the Coastal 260
Barrier Resources System as designated by 16 U.S.C. ss. 3501 -261
3510. 262
6. With respect to wind -only coverage for commercial lines 263
residential condominiums, effective July 1, 2014, a condominium 264
shall be deemed ineligible for coverage if 50 percent or more of 265
the units are rented more than eight times in a calendar year 266
for a rental agreement period of less than 30 days. 267
7. The corporation may not issue or renew an insuran ce 268
policy for a condominium unit owner or a condominium association 269
unless the condominium association has complied with the 270
inspection requirements in ss. 553.899 and 718.112(2)(g). 271
Section 2. Subsections (4) and (10) of section 718.110, 272
Florida Statutes, are amended to read: 273
718.110 Amendment of declaration; correction of error or 274
omission in declaration by circuit court. — 275
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(4)(a) Subject to paragraph (b), unless otherwise provided 276
in the declaration as originally recorded, an no amendment may 277
not change the configuration or size of any unit in any material 278
fashion, materially alter or modify the appurtenances to the 279
unit, or change the proportion or percentage by which the unit 280
owner shares the common expenses of the condominium and owns the 281
common surplus of the condominium unless the record owner of the 282
unit and all record owners of liens on the unit join in the 283
execution of the amendment and unless all the record owners of 284
all other units in the same condominium approve the amendment. 285
The acquisition of property by the association and material 286
alterations or substantial additions to such property or the 287
common elements by the association in accordance with s. 288
718.111(7) or s. 718.113, and amendments providing for the 289
transfer of use rights in limi ted common elements pursuant to s. 290
718.106(2)(b) may not be considered shall not be deemed to 291
constitute a material alteration or modification of the 292
appurtenances to the units. Except as provided in paragraph (b), 293
a declaration recorded after April 1, 199 2, may not require the 294
approval of less than a majority of total voting interests of 295
the condominium for amendments under this subsection, unless 296
otherwise required by a governmental entity. 297
(b) Notwithstanding subsection (14), the declaration of a 298
nonresidential condominium formed on or after July 1, 2025, may 299
be amended to change the configuration or size of a unit in any 300
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material fashion, materially alter or modify the appurtenances 301
to the unit, or change the proportion or percentage by which the 302
unit owner shares the common expenses of the condominium and 303
owns the common surplus of the condominium, if the record owners 304
of all affected units and all record owners of liens on the 305
affected units join in the execution of the amendment. The 306
approval of the record owners of the nonaffected units in such 307
condominium is not required. 308
(10) If there is an omission or error in a declaration of 309
condominium, or any other document required to establish the 310
condominium, and the omission or error would affect the val id 311
existence of the condominium, the circuit court may entertain a 312
petition of one or more of the unit owners in the condominium, 313
or of the association, to correct the error or omission, and the 314
action may be a class action. The court may require that one or 315
more methods of correcting the error or omission be submitted to 316
the unit owners to determine the most acceptable correction. All 317
unit owners, the association, and the mortgagees of a first 318
mortgage of record must be joined as parties to the action. 319
Service of process on unit owners may be by publication, but the 320
plaintiff must furnish every unit owner not personally served 321
with process with a copy of the petition and final decree of the 322
court by certified mail, return receipt requested, at the unit 323
owner's last known residence address as reflected in the 324
association's official records . If an action to determine 325
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whether the declaration or another condominium document complies 326
with the mandatory requirements for the formation of a 327
condominium is not brough t within 3 years of the recording of 328
the certificate of a surveyor and mapper pursuant to s. 329
718.104(4)(e) or the recording of an instrument that transfers 330
title to a unit in the condominium which is not accompanied by a 331
recorded assignment of developer ri ghts in favor of the grantee 332
of such unit, whichever occurs first, the declaration and other 333
documents will effectively create a condominium, as of the date 334
the declaration was recorded, regardless of whether the 335
documents substantially comply with the man datory requirements 336
of law. However, both before and after the expiration of this 3 -337
year period, the circuit court has jurisdiction to entertain a 338
petition permitted under this subsection for the correction of 339
the documentation, and other methods of amendm ent may be 340
utilized to correct the errors or omissions at any time. 341
Section 3. Paragraph (a) of subsection (11), paragraphs 342
(a) and (c) of subsection (12), and subsection (13) of section 343
718.111, Florida Statutes, are amended, and subsection (16) is 344
added to that section, to read: 345
718.111 The association. — 346
(11) INSURANCE.—In order to protect the safety, health, 347
and welfare of the people of the State of Florida and to ensure 348
consistency in the provision of insurance coverage to 349
condominiums and their unit owners, this subsection applies to 350
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
every residential condominium in the state, regardless of the 351
date of its declaration of condominium. It is the intent of the 352
Legislature to encourage lower or stable insurance premiums for 353
associations described in this subsection. 354
(a) Every condominium association must provide adequate 355
property insurance as determined under this paragraph , 356
regardless of any requirement in the declaration of condominium 357
for certain coverage by the association for full insurable 358
value, replacement cost, or similar coverage, must be based on 359
the replacement cost of the property to be insured as determined 360
by an independent insurance appraisal or update of a prior 361
appraisal. The replacement cost must be determined at least once 362
every 36 months. 363
1. An association or group of associations may provide 364
adequate property insurance through a self -insurance fund that 365
complies with the requirements of ss. 624.460 -624.488. 366
2. The amount of adequate insurance coverage for full 367
insurable value, replacement cost, or similar coverage may be 368
based on the replacement cost of the property to be insured as 369
determined by an independent insurance appraisal or update of a 370
previous appraisal. The replacement cost of property covered 371
must be determined e very 3 years, at a minimum. 372
3.2. The association's obligation to obtain and 373
association may also provide adequate property insurance 374
coverage for a group of at least three communities created and 375
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operating under this chapter, chapter 719, chapter 720, or 376
chapter 721 may be satisfied by obtaining and maintaining for 377
such communities insurance coverage sufficient to cover an 378
amount equal to the probable maximum loss for the communities 379
for a 250-year windstorm event. 380
a. Such probable maximum loss must be determined through 381
the use of a competent model that has been accepted by the 382
Florida Commission on Hurricane Loss Projection Methodology. 383
b. A policy or program providing such coverage may not be 384
issued or renewed after July 1, 2008, unless it has been 385
reviewed and approved by the Office of Insurance Regulation. The 386
review and approval must include approval of the policy and 387
related forms pursuant to ss. 627.410 and 627.411, approval of 388
the rates pursuant to s. 627.062, a determination that the loss 389
model approved by the commission was accurately and 390
appropriately applied to the insured structures to determine the 391
250-year probable maximum loss, and a determination that 392
complete and accurate disclosure of all material provisions is 393
provided to condominium unit owners before execution of the 394
agreement by a condominium association. 395
4.3. When determining the adequate amount of property 396
insurance coverage, the association may consider deductibles as 397
determined by this subsection. 398
(12) OFFICIAL RECORDS. — 399
(a) From the inception of the association, the association 400
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shall maintain each of the following items, if applicable, which 401
constitutes the official records of the association: 402
1. A copy of the plans, permits, warranties, and other 403
items provided by the developer under s. 718.301(4). 404
2. A photocopy of the recorded declaration of condominium 405
of each condominium operated by the association and each 406
amendment to each declaration. 407
3. A photocopy of the recorded bylaws of the association 408
and each amendment to the bylaws. 409
4. A certified copy of the articles of incorporation of 410
the association, or other documents creating the association, 411
and each amendment thereto. 412
5. A copy of the current rules of the association. 413
6. A book or books that contain the m inutes of all 414
meetings of the association, the board of administration, and 415
the unit owners. 416
7. A current roster of all unit owners and their mailing 417
addresses, unit identifications, voting certifications, and, if 418
known, telephone numbers. The associatio n shall also maintain 419
the e-mail addresses and facsimile numbers of unit owners 420
consenting to receive notice by electronic transmission. In 421
accordance with sub-subparagraph (c)4.e. (c)5.e., the e-mail 422
addresses and facsimile numbers are only accessible to unit 423
owners if consent to receive notice by electronic transmission 424
is provided, or if the unit owner has expressly indicated that 425
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such personal information can be shared with other unit owners 426
and the unit owner has not provided the association with a 427
request to opt out of such dissemination with other unit owners. 428
An association must ensure that the e -mail addresses and 429
facsimile numbers are only used for the business operation of 430
the association and may not be sold or shared with outside third 431
parties. If such personal information is included in documents 432
that are released to third parties, other than unit owners, the 433
association must redact such personal information before the 434
document is disseminated. However, the association is not liable 435
for an inadvertent disclosure of the e -mail address or facsimile 436
number for receiving electronic transmission of notices unless 437
such disclosure was made with a knowing or intentional disregard 438
of the protected nature of such information. 439
8. All current insurance poli cies of the association and 440
condominiums operated by the association. 441
9. A current copy of any management agreement, lease, or 442
other contract to which the association is a party or under 443
which the association or the unit owners have an obligation or 444
responsibility. 445
10. Bills of sale or transfer for all property owned by 446
the association. 447
11. Accounting records for the association and separate 448
accounting records for each condominium that the association 449
operates. Any person who knowingly or intentionally defaces or 450
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destroys such records, or who knowingly or intentionally fails 451
to create or maintain such records, with the intent of causing 452
harm to the association or one or more of its members, is 453
personally subject to a civil penalty pursuant to s. 454
718.501(1)(e). The accounting records must include, but are not 455
limited to: 456
a. Accurate, itemized, and detailed records of all 457
receipts and expenditures. 458
b. All invoices, transaction receipts, or deposit slips 459
that substantiate any receipt or expenditure of funds by the 460
association. 461
c. A current account and a monthly, bimonthly, or 462
quarterly statement of the account for each unit designating the 463
name of the unit owner, the due date and amount of each 464
assessment, the amount paid on the account, and the balance due. 465
d. All audits, reviews, accounting statements, structural 466
integrity reserve st udies, and financial reports of the 467
association or condominium. Structural integrity reserve studies 468
must be maintained for at least 15 years after the study is 469
completed. 470
e. All contracts for work to be performed. Bids for work 471
to be performed are also considered official records and must be 472
maintained by the association for at least 1 year after receipt 473
of the bid. 474
12. Ballots, sign-in sheets, voting proxies, and all other 475
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papers and electronic records relating to voting by unit owners, 476
which must be maintained for 1 year from the date of the 477
election, vote, or meeting to which the document relates, 478
notwithstanding paragraph (b). 479
13. All rental records if the association is acting as 480
agent for the rental of condominium units. 481
14. A copy of the curr ent question and answer sheet as 482
described in s. 718.504. 483
15. A copy of the inspection reports described in ss. 484
553.899 and 718.301(4)(p) and any other inspection report 485
relating to a structural or life safety inspection of 486
condominium property. Such rec ord must be maintained by the 487
association for 15 years after receipt of the report. 488
16. Bids for materials, equipment, or services. 489
17. All affirmative acknowledgments made pursuant to s. 490
718.121(4)(c). 491
18. A copy of all building permits. 492
19. A copy of all satisfactorily completed board member 493
educational certificates. 494
20. All other written records of the association not 495
specifically included in the foregoing which are related to the 496
operation of the association. 497
(c)1.a. The official records of the association are open 498
to inspection by any association member and any person 499
authorized by an association member as a representative of such 500
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member at all reasonable times. The right to inspect the records 501
includes the right to make or obtain copies, at the reasonable 502
expense, if any, of the member and of the person authorized by 503
the association member as a representative of such member. A 504
renter of a unit has a right to inspect and copy only the 505
declaration of condominium, the association's bylaws and r ules, 506
and the inspection reports described in ss. 553.899 and 507
718.301(4)(p). The association may adopt reasonable rules 508
regarding the frequency, time, location, notice, and manner of 509
record inspections and copying but may not require a member to 510
demonstrate any purpose or state any reason for the inspection. 511
The failure of an association to provide the records within 10 512
working days after receipt of a written request creates a 513
rebuttable presumption that the association willfully failed to 514
comply with this paragraph. A unit owner who is denied access to 515
official records is entitled to the actual damages or minimum 516
damages for the association's willful failure to comply. Minimum 517
damages are $50 per calendar day for up to 10 days, beginning on 518
the 11th working day after receipt of the written request. The 519
failure to permit inspection entitles any person prevailing in 520
an enforcement action to recover reasonable attorney fees from 521
the person in control of the records who, directly or 522
indirectly, knowingly denied access to the records. If the 523
requested records are posted on an association's website, or are 524
available for download through an application on a mobile 525
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device, the association may fulfill its obligations under this 526
paragraph by directing to the website or the application all 527
persons authorized to request access. 528
b. In response to a written request to inspect records, 529
the association must simultaneously provide to the requestor a 530
checklist of all records made available for inspection and 531
copying. The checklist must also identify any of the 532
association's official records that were not made available to 533
the requestor. An association must maintain a checklist provided 534
under this sub-subparagraph for 7 years. An association 535
delivering a checklist pursuant to t his sub-subparagraph creates 536
a rebuttable presumption that the association has complied with 537
this paragraph. 538
2. A director or member of the board or association or a 539
community association manager who knowingly and, willfully or 540
intentionally, and repeatedly violates subparagraph 1. commits a 541
misdemeanor of the second degree, punishable as provided in s. 542
775.082 or s. 775.083, and must be removed from office and a 543
vacancy declared. For purposes of this subparagraph, the term 544
"repeatedly" means two o r more violations within a 12 -month 545
period. 546
3. Any person who willfully and knowingly or intentionally 547
defaces or destroys accounting records that are required by this 548
chapter to be maintained during the period for which such 549
records are required to be m aintained, or who willfully and 550
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knowingly or intentionally fails to create or maintain 551
accounting records that are required to be created or 552
maintained, with the intent of causing harm to the association 553
or one or more of its members, commits a misdemeanor of the 554
first degree, punishable as provided in s. 775.082 or s. 555
775.083; is personally subject to a civil penalty pursuant to s. 556
718.501(1)(d); and must be removed from office and a vacancy 557
declared. 558
4. A person who willfully and knowingly or intentionally 559
refuses to release or otherwise produce association records with 560
the intent to avoid or escape detection, arrest, trial, or 561
punishment for the commission of a crime, or to assist another 562
person with such avoidance or escape, commits a felony of the 563
third degree, punishable as provided in s. 775.082, s. 775.083, 564
or s. 775.084, and must be removed from office and a vacancy 565
declared. 566
5. The association shall maintain an adequate number of 567
copies of the declaration, articles of incorporation, bylaws, 568
and rules, and all amendments to each of the foregoing, as well 569
as the question and answer sheet as described in s. 718.504 and 570
the most recent annual financial statement and annual budget 571
year-end financial information required under this section, on 572
the condominium property to ensure their availability to unit 573
owners and prospective purchasers, and may charge its actual 574
costs for preparing and furnishing these documents to those 575
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requesting the documents. An association shall allow a member or 576
his or her authorized representative to use a portable device, 577
including a smartphone, tablet, portable scanner, or any other 578
technology capable of scanning or taking photographs, to make an 579
electronic copy of the official records in lieu of the 580
association's providing th e member or his or her authorized 581
representative with a copy of such records. The association may 582
not charge a member or his or her authorized representative for 583
the use of a portable device. Notwithstanding this paragraph, 584
the following records are not ac cessible to unit owners: 585
a. Any record protected by the lawyer -client privilege as 586
described in s. 90.502 and any record protected by the work -587
product privilege, including a record prepared by an association 588
attorney or prepared at the attorney's express direction, which 589
reflects a mental impression, conclusion, litigation strategy, 590
or legal theory of the attorney or the association, and which 591
was prepared exclusively for civil or criminal litigation or for 592
adversarial administrative proceedings, or which was prepared in 593
anticipation of such litigation or proceedings until the 594
conclusion of the litigation or proceedings. 595
b. Information obtained by an association in connection 596
with the approval of the lease, sale, or other transfer of a 597
unit. 598
c. Personnel records of association or management company 599
employees, including, but not limited to, disciplinary, payroll, 600
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health, and insurance records. For purposes of this sub -601
subparagraph, the term "personnel records" does not include 602
written employment agreemen ts with an association employee or 603
management company, or budgetary or financial records that 604
indicate the compensation paid to an association employee. 605
d. Medical records of unit owners. 606
e. Social security numbers, driver license numbers, credit 607
card numbers, e-mail addresses, telephone numbers, facsimile 608
numbers, emergency contact information, addresses of a unit 609
owner other than as provided to fulfill the association's notice 610
requirements, and other personal identifying information of any 611
person, excluding the person's name, unit designation, mailing 612
address, property address, and any address, e -mail address, or 613
facsimile number provided to the association to fulfill the 614
association's notice requirements. Notwithstanding the 615
restrictions in this sub -subparagraph, an association may print 616
and distribute to unit owners a directory containing the name, 617
unit address, and all telephone numbers of each unit owner. 618
However, an owner may exclude his or her telephone numbers from 619
the directory by so requesting in writing to the association. An 620
owner may consent in writing to the disclosure of other contact 621
information described in this sub -subparagraph. The association 622
is not liable for the inadvertent disclosure of information that 623
is protected under this sub -subparagraph if the information is 624
included in an official record of the association and is 625
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voluntarily provided by an owner and not requested by the 626
association. 627
f. Electronic security measures that are used by the 628
association to safeguard data, includin g passwords. 629
g. The software and operating system used by the 630
association which allow the manipulation of data, even if the 631
owner owns a copy of the same software used by the association. 632
The data is part of the official records of the association. 633
h. All affirmative acknowledgments made pursuant to s. 634
718.121(4)(c). 635
(13) FINANCIAL REPORTING. —Within 90 days after the end of 636
the fiscal year, or annually on a date provided in the bylaws, 637
the association shall prepare and complete, or contract for the 638
preparation and completion of, a financial report for the 639
preceding fiscal year. Within 21 days after the final financial 640
report is completed by the association or received from the 641
third party, but not later than 120 days after the end of the 642
fiscal year or other date as provided in the bylaws, the 643
association shall deliver to each unit owner by United States 644
mail or personal delivery at the mailing address, property 645
address, e-mail address, or facsimile number provided to fulfill 646
the association's notice requirements, a copy of the most recent 647
financial report, and a notice that a copy of the most recent 648
financial report will be mailed or hand delivered to the unit 649
owner, without charge, within 5 business days after receipt of a 650
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written request from the un it owner. The division shall adopt 651
rules setting forth uniform accounting principles and standards 652
to be used by all associations and addressing the financial 653
reporting requirements for multicondominium associations. The 654
rules must include, but not be limi ted to, standards for 655
presenting a summary of association reserves, including a good 656
faith estimate disclosing the annual amount of reserve funds 657
that would be necessary for the association to fully fund 658
reserves for each reserve item based on the straight -line 659
accounting method. This disclosure is not applicable to reserves 660
funded via the pooling method. In adopting such rules, the 661
division shall consider the number of members and annual 662
revenues of an association. Financial reports shall be prepared 663
as follows: 664
(a) An association that meets the criteria of this 665
paragraph shall prepare a complete set of financial statements 666
in accordance with generally accepted accounting principles. The 667
financial statements must be based upon the association's total 668
annual revenues, as follows: 669
1. An association with total annual revenues of $150,000 670
or more, but less than $300,000, shall prepare compiled 671
financial statements. 672
2. An association with total annual revenues of at least 673
$300,000, but less than $500,000, s hall prepare reviewed 674
financial statements. 675
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3. An association with total annual revenues of $500,000 676
or more shall prepare audited financial statements. 677
(b)1. An association with total annual revenues of less 678
than $150,000 shall prepare a report of cas h receipts and 679
expenditures. 680
2. A report of cash receipts and disbursements must 681
disclose the amount of receipts by accounts and receipt 682
classifications and the amount of expenses by accounts and 683
expense classifications, including, but not limited to, th e 684
following, as applicable: costs for security, professional and 685
management fees and expenses, taxes, costs for recreation 686
facilities, expenses for refuse collection and utility services, 687
expenses for lawn care, costs for building maintenance and 688
repair, insurance costs, administration and salary expenses, and 689
reserves accumulated and expended for capital expenditures, 690
deferred maintenance, and any other category for which the 691
association maintains reserves. 692
(c) An association may prepare, without a meeti ng of or 693
approval by the unit owners: 694
1. Compiled, reviewed, or audited financial statements, if 695
the association is required to prepare a report of cash receipts 696
and expenditures; 697
2. Reviewed or audited financial statements, if the 698
association is requi red to prepare compiled financial 699
statements; or 700
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3. Audited financial statements if the association is 701
required to prepare reviewed financial statements. 702
(d) If approved by a majority of the voting interests 703
present at a properly called meeting of the association, an 704
association may prepare: 705
1. A report of cash receipts and expenditures in lieu of a 706
compiled, reviewed, or audited financial statement; 707
2. A report of cash receipts and expenditures or a 708
compiled financial statement in lieu of a reviewe d or audited 709
financial statement; or 710
3. A report of cash receipts and expenditures, a compiled 711
financial statement, or a reviewed financial statement in lieu 712
of an audited financial statement. 713
714
Such meeting and approval must occur before the end of the 715
fiscal year and is effective only for the fiscal year in which 716
the vote is taken. An association may not prepare a financial 717
report pursuant to this paragraph for consecutive fiscal years. 718
If the developer has not turned over control of the association, 719
all unit owners, including the developer, may vote on issues 720
related to the preparation of the association's financial 721
reports, from the date of incorporation of the association 722
through the end of the second fiscal year after the fiscal year 723
in which the certificate of a surveyor and mapper is recorded 724
pursuant to s. 718.104(4)(e) or an instrument that transfers 725
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title to a unit in the condominium which is not accompanied by a 726
recorded assignment of developer rights in favor of the grantee 727
of such unit is recor ded, whichever occurs first. Thereafter, 728
all unit owners except the developer may vote on such issues 729
until control is turned over to the association by the 730
developer. Any audit or review prepared under this section shall 731
be paid for by the developer if do ne before turnover of control 732
of the association. 733
(e) A unit owner may provide written notice to the 734
division of the association's failure to mail or hand deliver 735
him or her a copy of the most recent financial report within 5 736
business days after he or sh e submitted a written request to the 737
association for a copy of such report. If the division 738
determines that the association failed to mail or hand deliver a 739
copy of the most recent financial report to the unit owner, the 740
division shall provide written noti ce to the association that 741
the association must mail or hand deliver a copy of the most 742
recent financial report to the unit owner and the division 743
within 5 business days after it receives such notice from the 744
division. An association that fails to comply w ith the 745
division's request may not waive the financial reporting 746
requirement provided in paragraph (d) for the fiscal year in 747
which the unit owner's request was made and the following fiscal 748
year. A financial report received by the division pursuant to 749
this paragraph shall be maintained, and the division shall 750
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provide a copy of such report to an association member upon his 751
or her request. 752
(16) SPECIAL ASSESSMENTS AND OBTAINING LOANS. — 753
(a)1. The Legislature finds that: 754
a. Condominiums are created as au thorized by statute and 755
are subject to covenants that encumber the land and restrict the 756
use of real property. 757
b. In some circumstances, the declaration, articles of 758
incorporation, or bylaws of an association restrict the 759
authority of the board of admini stration to levy special 760
assessments or to obtain a loan without first receiving approval 761
of the membership, which may preclude an association from 762
obtaining immediate funding to carry out its obligations to 763
perform necessary maintenance, repair, or replac ement of the 764
condominium property as required by the milestone inspection 765
report and structural integrity reserve study report in order to 766
protect the health and safety of the unit owners and tenants of 767
the property. 768
c. It is contrary to the public polic y of this state to 769
limit the ability of an association to obtain the funds needed 770
to perform necessary maintenance, repair, or replacement of the 771
condominium property as required by the milestone inspection 772
report and structural integrity reserve study rep ort in order to 773
protect the health and safety of the unit owners and tenants of 774
the property. 775
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d. It is in the best interest of this state to provide a 776
method for the boards of administration of associations to 777
obtain the funds needed to perform necessary maintenance, 778
repair, or replacement of the condominium property as required 779
by the milestone inspection report and structural integrity 780
reserve study report without the approval of the membership in 781
order to protect the health and safety of the unit owner s and 782
tenants of the property. 783
2. The Legislature further finds that authorizing the 784
board of administration of an association to meet its fiduciary 785
duty, to levy special assessments, and to obtain a loan for 786
necessary maintenance, repair, or replacement of the condominium 787
property as required by the milestone inspection report and 788
structural integrity reserve study report in order to protect 789
the health and safety of the unit owners and tenants of the 790
property is in the public interest; that requiring an 791
association to obtain membership approval endangers the public 792
safety; and that there is a compelling state interest in 793
enabling the board of administration of an association to levy 794
special assessments and obtain loans to perform necessary 795
maintenance, repair, or replacement of the condominium property 796
as required by the milestone inspection report and structural 797
integrity reserve study report without the approval of the 798
membership in order to protect the health and safety of the unit 799
owners and tenants of the property. 800
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(b) Notwithstanding any provision to the contrary 801
contained in an association's declaration, articles of 802
incorporation, or bylaws, the board of administration of an 803
association may levy special assessments and obtain a loan to 804
perform necessary maintenance, repair, or replacement of the 805
condominium property as required by the milestone inspection 806
report and structural integrity reserve study report without the 807
approval of the membership in order to protect the health and 808
safety of the unit owners and tenants of the property. 809
(c) This section applies to all condominiums in existence 810
on or after July 1, 2025, which are not controlled by the 811
developer as defined in s. 718.103 or a bulk assignee or bulk 812
buyer, as those terms are defined in s. 718.703. 813
Section 4. Paragraphs (c), (d), (f), (g), (l), and (p) of 814
subsection (2) of section 718.112, Florida Statutes, are 815
amended, and paragraph (m) of that subsection is republished, to 816
read: 817
718.112 Bylaws.— 818
(2) REQUIRED PROVISIONS. —The bylaws shall provide for the 819
following and, if they do not do so, shall be deemed to include 820
the following: 821
(c) Board of administration meetings. —In a residential 822
condominium association of more than 10 units, the board of 823
administration shall meet at least onc e each quarter. At least 824
four times each year, the meeting agenda must include an 825
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opportunity for members to ask questions of the board , including 826
questions relating to the status of any construction or repair 827
projects, the status of all revenue and expend itures during the 828
current fiscal year, and any other issues affecting the 829
condominium. Meetings of the board of administration at which a 830
quorum of the members is present are open to all unit owners. 831
Members of the board of administration may use e -mail as a means 832
of communication but may not cast a vote on an association 833
matter via e-mail. A unit owner may tape record or videotape the 834
meetings. The right to attend such meetings includes the right 835
to speak at such meetings with reference to all designated 836
agenda items and the right to ask questions relating to reports 837
on the status of construction or repair projects, the status of 838
revenues and expenditures during the current fiscal year, and 839
other issues affecting the condominium . The division shall adopt 840
reasonable rules governing the tape recording and videotaping of 841
the meeting. The association may adopt written reasonable rules 842
governing the frequency, duration, and manner of unit owner 843
statements and questions. 844
1. Adequate notice of all board meetings, which must 845
specifically identify all agenda items, must be posted 846
conspicuously on the condominium property at least 48 continuous 847
hours before the meeting except in an emergency. If 20 percent 848
of the voting interests petition the board to address an item of 849
business, the board, within 60 days after receipt of the 850
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petition, shall place the item on the agenda at its next regular 851
board meeting or at a special meeting called for that purpose. 852
An item not included on the notice may be taken up on an 853
emergency basis by a vote of at least a majority plus one of the 854
board members. Such emergency action must be noticed and 855
ratified at the next regular board meeting. Written notice of a 856
meeting at which a nonemergency special assessment or an 857
amendment to rules rega rding unit use will be considered must be 858
mailed, delivered, or electronically transmitted to the unit 859
owners and posted conspicuously on the condominium property at 860
least 14 days before the meeting. Evidence of compliance with 861
this 14-day notice requireme nt must be made by an affidavit 862
executed by the person providing the notice and filed with the 863
official records of the association. 864
2. Upon notice to the unit owners, the board shall, by 865
duly adopted rule, designate a specific location on the 866
condominium property at which all notices of board meetings must 867
be posted. If there is no condominium property at which notices 868
can be posted, notices shall be mailed, delivered, or 869
electronically transmitted to each unit owner at least 14 days 870
before the meeting. I n lieu of or in addition to the physical 871
posting of the notice on the condominium property, the 872
association may, by reasonable rule, adopt a procedure for 873
conspicuously posting and repeatedly broadcasting the notice and 874
the agenda on a closed -circuit cable television system serving 875
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the condominium association. However, if broadcast notice is 876
used in lieu of a notice physically posted on condominium 877
property, the notice and agenda must be broadcast at least four 878
times every broadcast hour of each day that a posted notice is 879
otherwise required under this section. If broadcast notice is 880
provided, the notice and agenda must be broadcast in a manner 881
and for a sufficient continuous length of time so as to allow an 882
average reader to observe the notice and read and comprehend the 883
entire content of the notice and the agenda. In addition to any 884
of the authorized means of providing notice of a meeting of the 885
board, the association may, by rule, adopt a procedure for 886
conspicuously posting the meeting notice and the agend a on a 887
website serving the condominium association for at least the 888
minimum period of time for which a notice of a meeting is also 889
required to be physically posted on the condominium property. 890
Any rule adopted shall, in addition to other matters, include a 891
requirement that the association send an electronic notice in 892
the same manner as a notice for a meeting of the members, which 893
must include a hyperlink to the website at which the notice is 894
posted, to unit owners whose e -mail addresses are included in 895
the association's official records. 896
3. Notice of any meeting in which regular or special 897
assessments against unit owners are to be considered must 898
specifically state that assessments will be considered and 899
provide the estimated cost and description of the pu rposes for 900
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such assessments. If an agenda item relates to the approval of a 901
contract for goods or services, a copy of the contract must be 902
provided with the notice and be made available for inspection 903
and copying upon a written request from a unit owner or made 904
available on the association's website or through an application 905
that can be downloaded on a mobile device. 906
4. Meetings of a committee to take final action on behalf 907
of the board or make recommendations to the board regarding the 908
association budget are subject to this paragraph. Meetings of a 909
committee that does not take final action on behalf of the board 910
or make recommendations to the board regarding the association 911
budget are subject to this section, unless those meetings are 912
exempted from this s ection by the bylaws of the association. 913
5. Notwithstanding any other law, the requirement that 914
board meetings and committee meetings be open to the unit owners 915
does not apply to: 916
a. Meetings between the board or a committee and the 917
association's attorney, with respect to proposed or pending 918
litigation, if the meeting is held for the purpose of seeking or 919
rendering legal advice; or 920
b. Board meetings held for the purpose of discussing 921
personnel matters. 922
(d) Unit owner meetings. — 923
1. An annual meetin g of the unit owners must be held at 924
the location provided in the association bylaws and, if the 925
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bylaws are silent as to the location, the meeting must be held 926
within 45 miles of the condominium property. However, such 927
distance requirement does not apply t o an association governing 928
a timeshare condominium. 929
2. Unless the bylaws provide otherwise, a vacancy on the 930
board caused by the expiration of a director's term must be 931
filled by electing a new board member, and the election must be 932
by secret ballot. An election is not required if the number of 933
vacancies equals or exceeds the number of candidates. For 934
purposes of this paragraph, the term "candidate" means an 935
eligible person who has timely submitted the written notice, as 936
described in sub-subparagraph 4.a., of his or her intention to 937
become a candidate. Except in a timeshare or nonresidential 938
condominium, or if the staggered term of a board member does not 939
expire until a later annual meeting, or if all members' terms 940
would otherwise expire but there are no candidates, the terms of 941
all board members expire at the annual meeting, and such members 942
may stand for reelection unless prohibited by the bylaws. Board 943
members may serve terms longer than 1 year if permitted by the 944
bylaws or articles of incorporation. A board member may not 945
serve more than 8 consecutive years unless approved by an 946
affirmative vote of unit owners representing two -thirds of all 947
votes cast in the election or unless there are not enough 948
eligible candidates to fill the vacancies on the board a t the 949
time of the vacancy. Only board service that occurs on or after 950
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July 1, 2018, may be used when calculating a board member's term 951
limit. If the number of board members whose terms expire at the 952
annual meeting equals or exceeds the number of candidates , the 953
candidates become members of the board effective upon the 954
adjournment of the annual meeting. Unless the bylaws provide 955
otherwise, any remaining vacancies shall be filled by the 956
affirmative vote of the majority of the directors making up the 957
newly constituted board even if the directors constitute less 958
than a quorum or there is only one director. In a residential 959
condominium association of more than 10 units or in a 960
residential condominium association that does not include 961
timeshare units or timeshare interests, co-owners of a unit may 962
not serve as members of the board of directors at the same time 963
unless they own more than one unit or unless there are not 964
enough eligible candidates to fill the vacancies on the board at 965
the time of the vacancy. A unit o wner in a residential 966
condominium desiring to be a candidate for board membership must 967
comply with sub-subparagraph 4.a. and must be eligible to be a 968
candidate to serve on the board of directors at the time of the 969
deadline for submitting a notice of intent to run in order to 970
have his or her name listed as a proper candidate on the ballot 971
or to serve on the board. A person who has been suspended or 972
removed by the division under this chapter, or who is delinquent 973
in the payment of any assessment due to the as sociation, is not 974
eligible to be a candidate for board membership and may not be 975
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listed on the ballot. For purposes of this paragraph, a person 976
is delinquent if a payment is not made by the due date as 977
specifically identified in the declaration of condomin ium, 978
bylaws, or articles of incorporation. If a due date is not 979
specifically identified in the declaration of condominium, 980
bylaws, or articles of incorporation, the due date is the first 981
day of the assessment period. A person who has been convicted of 982
any felony in this state or in a United States District or 983
Territorial Court, or who has been convicted of any offense in 984
another jurisdiction which would be considered a felony if 985
committed in this state, is not eligible for board membership 986
unless such felon's civil rights have been restored for at least 987
5 years as of the date such person seeks election to the board. 988
The validity of an action by the board is not affected if it is 989
later determined that a board member is ineligible for board 990
membership due to having been convicted of a felony. This 991
subparagraph does not limit the term of a member of the board of 992
a nonresidential or timeshare condominium. 993
3. The bylaws must provide the method of calling meetings 994
of unit owners, including annual meetings. Writte n notice of an 995
annual meeting must include an agenda; be mailed, hand 996
delivered, or electronically transmitted to each unit owner at 997
least 14 days before the annual meeting; and be posted in a 998
conspicuous place on the condominium property or association 999
property at least 14 continuous days before the annual meeting. 1000
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Written notice of a meeting other than an annual meeting must 1001
include an agenda; be mailed, hand delivered, or electronically 1002
transmitted to each unit owner; and be posted in a conspicuous 1003
place on the condominium property or association property within 1004
the timeframe specified in the bylaws. If the bylaws do not 1005
specify a timeframe for written notice of a meeting other than 1006
an annual meeting, notice must be provided at least 14 1007
continuous days before the meeting. Upon notice to the unit 1008
owners, the board shall, by duly adopted rule, designate a 1009
specific location on the condominium property or association 1010
property at which all notices of unit owner meetings must be 1011
posted. This requirement does not apply if there is no 1012
condominium property for posting notices. In lieu of, or in 1013
addition to, the physical posting of meeting notices, the 1014
association may, by reasonable rule, adopt a procedure for 1015
conspicuously posting and repeatedly broadcasting the not ice and 1016
the agenda on a closed -circuit cable television system serving 1017
the condominium association. However, if broadcast notice is 1018
used in lieu of a notice posted physically on the condominium 1019
property, the notice and agenda must be broadcast at least fou r 1020
times every broadcast hour of each day that a posted notice is 1021
otherwise required under this section. If broadcast notice is 1022
provided, the notice and agenda must be broadcast in a manner 1023
and for a sufficient continuous length of time so as to allow an 1024
average reader to observe the notice and read and comprehend the 1025
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entire content of the notice and the agenda. In addition to any 1026
of the authorized means of providing notice of a meeting of the 1027
board, the association may, by rule, adopt a procedure for 1028
conspicuously posting the meeting notice and the agenda on a 1029
website serving the condominium association for at least the 1030
minimum period of time for which a notice of a meeting is also 1031
required to be physically posted on the condominium property. 1032
Any rule adopted shall, in addition to other matters, include a 1033
requirement that the association send an electronic notice in 1034
the same manner as a notice for a meeting of the members, which 1035
must include a hyperlink to the website at which the notice is 1036
posted, to unit owners whose e-mail addresses are included in 1037
the association's official records. Unless a unit owner waives 1038
in writing the right to receive notice of the annual meeting, 1039
such notice must be hand delivered, mailed, or electronically 1040
transmitted to each unit owner. Notice for meetings and notice 1041
for all other purposes must be mailed to each unit owner at the 1042
address last furnished to the association by the unit owner, or 1043
hand delivered to each unit owner. However, if a unit is owned 1044
by more than one person, th e association must provide notice to 1045
the address that the developer identifies for that purpose and 1046
thereafter as one or more of the owners of the unit advise the 1047
association in writing, or if no address is given or the owners 1048
of the unit do not agree, to the address provided on the deed of 1049
record. An officer of the association, or the manager or other 1050
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person providing notice of the association meeting, must provide 1051
an affidavit or United States Postal Service certificate of 1052
mailing, to be included in the o fficial records of the 1053
association affirming that the notice was mailed or hand 1054
delivered in accordance with this provision. 1055
4. The members of the board of a residential condominium 1056
shall be elected by written ballot or voting machine. Proxies 1057
may not be used in electing the board in general elections or 1058
elections to fill vacancies caused by recall, resignation, or 1059
otherwise, unless otherwise provided in this chapter. This 1060
subparagraph does not apply to an association governing a 1061
timeshare condominium. 1062
a. At least 60 days before a scheduled election, the 1063
association shall mail, deliver, or electronically transmit, by 1064
separate association mailing or included in another association 1065
mailing, delivery, or transmission, including regularly 1066
published newsletters, to each unit owner entitled to a vote, a 1067
first notice of the date of the election. A unit owner or other 1068
eligible person desiring to be a candidate for the board must 1069
give written notice of his or her intent to be a candidate to 1070
the association at leas t 40 days before a scheduled election. 1071
Together with the written notice and agenda as set forth in 1072
subparagraph 3., the association shall mail, deliver, or 1073
electronically transmit a second notice of the election to all 1074
unit owners entitled to vote, togethe r with a ballot that lists 1075
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all candidates not less than 14 days or more than 34 days before 1076
the date of the election. Upon request of a candidate, an 1077
information sheet, no larger than 8 1/2 inches by 11 inches, 1078
which must be furnished by the candidate at least 35 days before 1079
the election, must be included with the mailing, delivery, or 1080
transmission of the ballot, with the costs of mailing, delivery, 1081
or electronic transmission and copying to be borne by the 1082
association. The association is not liable for the contents of 1083
the information sheets prepared by the candidates. In order to 1084
reduce costs, the association may print or duplicate the 1085
information sheets on both sides of the paper. The division 1086
shall by rule establish voting procedures consistent with this 1087
sub-subparagraph, including rules establishing procedures for 1088
giving notice by electronic transmission and rules providing for 1089
the secrecy of ballots. Elections shall be decided by a 1090
plurality of ballots cast. There is no quorum requirement; 1091
however, at least 20 percent of the eligible voters must cast a 1092
ballot in order to have a valid election. A unit owner may not 1093
authorize any other person to vote his or her ballot, and any 1094
ballots improperly cast are invalid. A unit owner who violates 1095
this provision may be fined by the association in accordance 1096
with s. 718.303. A unit owner who needs assistance in casting 1097
the ballot for the reasons stated in s. 101.051 may obtain such 1098
assistance. The regular election must occur on the date of the 1099
annual meeting. Notwiths tanding this sub-subparagraph, an 1100
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election is not required unless more candidates file notices of 1101
intent to run or are nominated than board vacancies exist. 1102
b. A director of a board of an association of a 1103
residential condominium shall: 1104
(I) Certify in writing to the secretary of the association 1105
that he or she has read the association's declaration of 1106
condominium, articles of incorporation, bylaws, and current 1107
written policies; that he or she will work to uphold such 1108
documents and policies to the best of his or her ability; and 1109
that he or she will faithfully discharge his or her fiduciary 1110
responsibility to the association's members. 1111
(II) Submit to the secretary of the association a 1112
certificate of having satisfactorily completed the educational 1113
curriculum administered by the division or a division -approved 1114
condominium education provider. The educational curriculum must 1115
be at least 4 hours long and include instruction on milestone 1116
inspections, structural integrity reserve studies, elections, 1117
recordkeeping, financial literacy and transparency, levying of 1118
fines, and notice and meeting requirements. 1119
1120
Each newly elected or appointed director must submit to the 1121
secretary of the association the written certification and 1122
educational certificate within 1 year before being elected or 1123
appointed or 90 days after the date of election or appointment. 1124
A director of an association of a residential condominium who 1125
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was elected or appointed before July 1, 2024, must comply with 1126
the written certification and educational certifi cate 1127
requirements in this sub -subparagraph by June 30, 2025. The 1128
written certification and educational certificate is valid for 7 1129
years after the date of issuance and does not have to be 1130
resubmitted as long as the director serves on the board without 1131
interruption during the 7 -year period. A director who is 1132
appointed by the developer may satisfy the educational 1133
certificate requirement in sub -sub-subparagraph (II) for any 1134
subsequent appointment to a board by a developer within 7 years 1135
after the date of issuan ce of the most recent educational 1136
certificate, including any interruption of service on a board or 1137
appointment to a board in another association within that 7 -year 1138
period. One year after submission of the most recent written 1139
certification and educational c ertificate, and annually 1140
thereafter, a director of an association of a residential 1141
condominium must submit to the secretary of the association a 1142
certificate of having satisfactorily completed at least 1 hour 1143
of continuing education administered by the divi sion, or a 1144
division-approved condominium education provider, relating to 1145
any recent changes to this chapter and the related 1146
administrative rules during the past year. A director of an 1147
association of a residential condominium who fails to timely 1148
file the written certification and educational certificate is 1149
suspended from service on the board until he or she complies 1150
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with this sub-subparagraph. The board may temporarily fill the 1151
vacancy during the period of suspension. The secretary shall 1152
cause the associatio n to retain a director's written 1153
certification and educational certificate for inspection by the 1154
members for 7 years after a director's election or the duration 1155
of the director's uninterrupted tenure, whichever is longer. 1156
Failure to have such written certi fication and educational 1157
certificate on file does not affect the validity of any board 1158
action. 1159
c. Any challenge to the election process must be commenced 1160
within 60 days after the election results are announced. 1161
5. Any approval by unit owners called for by this chapter 1162
or the applicable declaration or bylaws, including, but not 1163
limited to, the approval requirement in s. 718.111(8), must be 1164
made at a duly noticed meeting of unit owners and is subject to 1165
all requirements of this chapter or the applicable c ondominium 1166
documents relating to unit owner decisionmaking, except that 1167
unit owners may take action by written agreement, without 1168
meetings, on matters for which action by written agreement 1169
without meetings is expressly allowed by the applicable bylaws 1170
or declaration or any law that provides for such action. 1171
6. Unit owners may waive notice of specific meetings if 1172
allowed by the applicable bylaws or declaration or any law. 1173
Notice of meetings of the board of administration; unit owner 1174
meetings, except unit o wner meetings called to recall board 1175
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members under paragraph (l); and committee meetings may be given 1176
by electronic transmission to unit owners who consent to receive 1177
notice by electronic transmission. A unit owner who consents to 1178
receiving notices by elec tronic transmission is solely 1179
responsible for removing or bypassing filters that block receipt 1180
of mass e-mails sent to members on behalf of the association in 1181
the course of giving electronic notices. 1182
7. Unit owners have the right to participate in meetin gs 1183
of unit owners with reference to all designated agenda items. 1184
However, the association may adopt reasonable rules governing 1185
the frequency, duration, and manner of unit owner participation. 1186
8. A unit owner may tape record or videotape a meeting of 1187
the unit owners subject to reasonable rules adopted by the 1188
division. 1189
9. Unless otherwise provided in the bylaws, any vacancy 1190
occurring on the board before the expiration of a term may be 1191
filled by the affirmative vote of the majority of the remaining 1192
directors, even if the remaining directors constitute less than 1193
a quorum, or by the sole remaining director. In the alternative, 1194
a board may hold an election to fill the vacancy, in which case 1195
the election procedures must conform to sub -subparagraph 4.a. 1196
unless the association governs 10 units or fewer and has opted 1197
out of the statutory election process, in which case the bylaws 1198
of the association control. Unless otherwise provided in the 1199
bylaws, a board member appointed or elected under this section 1200
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shall fill the vacancy for the unexpired term of the seat being 1201
filled. Filling vacancies created by recall is governed by 1202
paragraph (l) and rules adopted by the division. 1203
10. This chapter does not limit the use of general or 1204
limited proxies, require the use of gener al or limited proxies, 1205
or require the use of a written ballot or voting machine for any 1206
agenda item or election at any meeting of a timeshare 1207
condominium association or nonresidential condominium 1208
association. 1209
1210
Notwithstanding subparagraph (b)2. and sub -subparagraph 4.a., an 1211
association of 10 or fewer units may, by affirmative vote of a 1212
majority of the total voting interests, provide for different 1213
voting and election procedures in its bylaws, which may be by a 1214
proxy specifically delineating the different vot ing and election 1215
procedures. The different voting and election procedures may 1216
provide for elections to be conducted by limited or general 1217
proxy. Notwithstanding sub-subparagraph 4.a., an association 1218
operating a nonresidential condominium may provide for di fferent 1219
voting and election procedures in its bylaws, or by an amendment 1220
to its bylaws, which may include alternative notice requirements 1221
and voting by limited or general proxy. 1222
(f) Annual budget.— 1223
1. The proposed annual budget of estimated revenues and 1224
expenses must be detailed and must show the amounts budgeted by 1225
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
accounts and expense classifications, including, at a minimum, 1226
any applicable expenses listed in s. 718.504(21). The board 1227
shall adopt the annual budget at least 14 days before the start 1228
of the association's fiscal year. In the event that the board 1229
fails to timely adopt the annual budget a second time, it is 1230
deemed a minor violation and the prior year's budget shall 1231
continue in effect unt il a new budget is adopted. A 1232
multicondominium association must adopt a separate budget of 1233
common expenses for each condominium the association operates 1234
and must adopt a separate budget of common expenses for the 1235
association. In addition, if the associatio n maintains limited 1236
common elements with the cost to be shared only by those 1237
entitled to use the limited common elements as provided for in 1238
s. 718.113(1), the budget or a schedule attached to it must show 1239
the amount budgeted for this maintenance. If, after turnover of 1240
control of the association to the unit owners, any of the 1241
expenses listed in s. 718.504(21) are not applicable, they do 1242
not need to be listed. 1243
2.a. In addition to annual operating expenses, the budget 1244
must include reserve accounts for capita l expenditures and 1245
deferred maintenance. These accounts must include, but are not 1246
limited to, roof replacement, building painting, and pavement 1247
resurfacing, regardless of the amount of deferred maintenance 1248
expense or replacement cost, and any other item th at has a 1249
deferred maintenance expense or replacement cost that exceeds 1250
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$10,000. The amount to be reserved must be computed using a 1251
formula based upon estimated remaining useful life and estimated 1252
replacement cost or deferred maintenance expense of the rese rve 1253
item. In a budget adopted by an association that is required to 1254
obtain a structural integrity reserve study, reserves must be 1255
maintained for the items identified in paragraph (g) for which 1256
the association is responsible pursuant to the declaration of 1257
condominium, and the reserve amount for such items must be based 1258
on the findings and recommendations of the association's most 1259
recent structural integrity reserve study. With respect to items 1260
for which an estimate of useful life is not readily 1261
ascertainable or with an estimated remaining useful life of 1262
greater than 25 years, an association is not required to reserve 1263
replacement costs for such items, but an association must 1264
reserve the amount of deferred maintenance expense, if any, 1265
which is recommended by th e structural integrity reserve study 1266
for such items. The association may adjust replacement reserve 1267
assessments annually to take into account an inflation 1268
adjustment and any changes in estimates or extension of the 1269
useful life of a reserve item caused by d eferred maintenance. 1270
The members of a unit -owner-controlled association may 1271
determine, by a majority vote of the total voting interests of 1272
the association, to provide no reserves or less reserves than 1273
required by this subsection. For a budget adopted on or after 1274
December 31, 2024, the members of a unit -owner-controlled 1275
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association that must obtain a structural integrity reserve 1276
study may not determine to provide no reserves or less reserves 1277
than required by this subsection for items listed in paragraph 1278
(g), except that members of an association operating a 1279
multicondominium may determine to provide no reserves or less 1280
reserves than required by this subsection if an alternative 1281
funding method has been approved by the division. If the local 1282
building official, a s defined in s. 468.603, determines that the 1283
entire condominium building is uninhabitable due to a natural 1284
emergency, as defined in s. 252.34, the board, upon the approval 1285
of a majority of its members, may pause the contribution to its 1286
reserves or reduce r eserve funding until the local building 1287
official determines that the condominium building is habitable. 1288
Any reserve account funds held by the association may be 1289
expended, pursuant to the board's determination, to make the 1290
condominium building and its struc tures habitable. Upon the 1291
determination by the local building official that the 1292
condominium building is habitable, the association must 1293
immediately resume contributing funds to its reserves. 1294
b. Before turnover of control of an association by a 1295
developer to unit owners other than a developer under s. 1296
718.301, the developer -controlled association may not vote to 1297
waive the reserves or reduce funding of the reserves. If a 1298
meeting of the unit owners has been called to determine whether 1299
to waive or reduce the f unding of reserves and no such result is 1300
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achieved or a quorum is not attained, the reserves included in 1301
the budget shall go into effect. After the turnover, the 1302
developer may vote its voting interest to waive or reduce the 1303
funding of reserves. 1304
c. For an annual budget adopted on or before December 31, 1305
2027, the members of a unit -owner-controlled association may 1306
approve, by a majority vote of the total voting interests of the 1307
association, the provision of a secured line of credit for up to 1308
35 percent of the amount of the reserves required to meet the 1309
reserve funding schedule recommended by a structural integrity 1310
reserve study with respect to items with an estimated remaining 1311
useful life of greater than 10 years. 1312
3. Reserve funds and any interest accruing t hereon shall 1313
remain in the reserve account or accounts, and may be used only 1314
for authorized reserve expenditures unless their use for other 1315
purposes is approved in advance by a majority vote of all the 1316
total voting interests of the association. Before turn over of 1317
control of an association by a developer to unit owners other 1318
than the developer pursuant to s. 718.301, the developer -1319
controlled association may not vote to use reserves for purposes 1320
other than those for which they were intended. For a budget 1321
adopted on or after December 31, 2024, members of a unit -owner-1322
controlled association that must obtain a structural integrity 1323
reserve study may not vote to use reserve funds, or any interest 1324
accruing thereon, for any other purpose other than the 1325
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replacement or deferred maintenance costs of the components 1326
listed in paragraph (g). 1327
4. The only voting interests that are eligible to vote on 1328
questions that involve waiving or reducing the funding of 1329
reserves, or using existing reserve funds for purposes other 1330
than purposes for which the reserves were intended, are the 1331
voting interests of the units subject to assessment to fund the 1332
reserves in question. Proxy questions relating to waiving or 1333
reducing the funding of reserves or using existing reserve funds 1334
for purposes other than purposes for which the reserves were 1335
intended must contain the following statement in capitalized, 1336
bold letters in a font size larger than any other used on the 1337
face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN 1338
PART, OR ALLOWING ALT ERNATIVE USES OF EXISTING RESERVES MAY 1339
RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED 1340
SPECIAL ASSESSMENTS REGARDING THOSE ITEMS. 1341
5. An association's reserve accounts may be pooled for two 1342
or more required components. Reserve funding for comp onents 1343
listed in paragraph (g) may only be pooled with other components 1344
listed in paragraph (g). The reserve funding indicated in the 1345
proposed annual budget must be sufficient to ensure that 1346
available funds meet or exceed projected expenses for all 1347
components in the reserve pool based on the most recent 1348
structural integrity reserve study. 1349
(g) Structural integrity reserve study. — 1350
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1. A residential condominium association must have a 1351
structural integrity reserve study completed at least every 10 1352
years after the condominium's creation for each building on the 1353
condominium property that is three stories or higher in height, 1354
as determined by the Florida Building Code, which includes, at a 1355
minimum, a study of the following items as related to the 1356
structural integrity and safety of the building: 1357
a. Roof. 1358
b. Structure, including load -bearing walls and other 1359
primary structural members and primary structural systems as 1360
those terms are defined in s. 627.706. 1361
c. Fireproofing and fire protection systems. 1362
d. Plumbing. 1363
e. Electrical systems. 1364
f. Waterproofing and exterior painting. 1365
g. Windows and exterior doors. 1366
h. Any other item that has a deferred maintenance expense 1367
or replacement cost that exceeds $10,000 and the failure to 1368
replace or maintain such item negatively affects the items 1369
listed in sub-subparagraphs a.-g., as determined by the visual 1370
inspection portion of the structural integrity reserve study. 1371
2. A structural integrity reserve study is based on a 1372
visual inspection of the condominium property. A structural 1373
integrity reserve study may be performed by any person qualified 1374
to perform such study. However, the visual inspection portion of 1375
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the structural integrity reserve study must be performed or 1376
verified by an engineer licensed under chapter 471, an architect 1377
licensed under chapter 481, or a person certified as a reserve 1378
specialist or professional reserve analyst by the Community 1379
Associations Institute or the Association of Professional 1380
Reserve Analysts. It is a conflict of interest for any person 1381
who performs a structural integrity reserve study or a milestone 1382
inspection under s. 553.899 to provide or contract to provide 1383
services for the repair or replacement of the condominium 1384
property that was the subject of such structural integrity 1385
reserve study or milestone inspection, or to have a financial 1386
interest with the person or entity providing the repair or 1387
replacement services. 1388
3. At a minimum, a structural integrity reserve study must 1389
identify each item of the condominium property being visually 1390
inspected, state the estimated remaining useful life and the 1391
estimated replacement cost or deferred maintenance expense of 1392
each item of the condominium property being visually inspected, 1393
and provide a reserve funding schedule with a recommended annual 1394
reserve amount that achieves the estimated replacement cost or 1395
deferred maintenance expense of each item of condominium 1396
property being visually inspected by the end of the estimated 1397
remaining useful life of the item. The structural integrity 1398
reserve study may re commend that reserves do not need to be 1399
maintained for any item for which an estimate of useful life and 1400
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an estimate of replacement cost cannot be determined, or the 1401
study may recommend a deferred maintenance expense amount for 1402
such item. The structural in tegrity reserve study may recommend 1403
that reserves for replacement costs do not need to be maintained 1404
for any item with an estimated remaining useful life of greater 1405
than 25 years, but the study may recommend a deferred 1406
maintenance expense amount for such i tem. 1407
4. This paragraph does not apply to buildings less than 1408
three stories in height; single -family, two-family, or three-1409
family, or four-family dwellings with three or fewer habitable 1410
stories above ground; any portion or component of a building 1411
that has not been submitted to the condominium form of 1412
ownership; or any portion or component of a building that is 1413
maintained by a party other than the association. 1414
5. Before a developer turns over control of an association 1415
to unit owners other than the develop er, the developer must have 1416
a turnover inspection report in compliance with s. 718.301(4)(p) 1417
and (q) for each building on the condominium property that is 1418
three stories or higher in height. 1419
6. Associations existing on or before July 1, 2022, which 1420
are controlled by unit owners other than the developer, must 1421
have a structural integrity reserve study completed by December 1422
31, 2024, for each building on the condominium property that is 1423
three stories or higher in height. An association that is 1424
required to complete a milestone inspection in accordance with 1425
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s. 553.899 on or before December 31, 2026, may complete the 1426
structural integrity reserve study simultaneously with the 1427
milestone inspection. In no event may the structural integrity 1428
reserve study be completed after December 31, 2026. 1429
7. If the milestone inspection required by s. 553.899, or 1430
an inspection completed for a similar local requirement, was 1431
performed within the past 5 years and meets the requirements of 1432
this paragraph, such inspection may be used i n place of the 1433
visual inspection portion of the structural integrity reserve 1434
study. 1435
8. If the officers or directors of an association 1436
willfully and knowingly fail to complete a structural integrity 1437
reserve study pursuant to this paragraph, such failure i s a 1438
breach of an officer's and director's fiduciary relationship to 1439
the unit owners under s. 718.111(1). 1440
9. Within 45 days after receiving the structural integrity 1441
reserve study, the association must distribute a copy of the 1442
study to each unit owner or d eliver to each unit owner a notice 1443
that the completed study is available for inspection and copying 1444
upon a written request. Distribution of a copy of the study or 1445
notice must be made by United States mail or personal delivery 1446
to the mailing address, proper ty address, or any other address 1447
of the owner provided to fulfill the association's notice 1448
requirements under this chapter, or by electronic transmission 1449
to the e-mail address or facsimile number provided to fulfill 1450
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the association's notice requirements to unit owners who 1451
previously consented to receive notice by electronic 1452
transmission. 1453
10. Within 45 days after receiving the structural 1454
integrity reserve study, the association must provide the 1455
division with a statement indicating that the study was 1456
completed and that the association provided or made available 1457
such study to each unit owner in accordance with this section. 1458
The statement must be provided to the division in the manner 1459
established by the division using a form posted on the 1460
division's website. 1461
11. By October 1, 2025, the Department of Business and 1462
Professional Regulation shall initiate rulemaking to establish 1463
criteria for determining the estimated useful life of the 1464
building components identified in subparagraph 1. 1465
(l) Recall of board members .—Subject to s. 718.301, any 1466
member of the board of administration may be recalled and 1467
removed from office with or without cause by the vote or 1468
agreement in writing by a majority of all the voting interests. 1469
A voting interest of the condominium may not be suspended when 1470
voting to recall a member of the board of administration and any 1471
prior suspension of voting rights pursuant to s. 718.303(5) 1472
shall have no effect on a recall vote A special meeting of the 1473
unit owners to recall a member or members of the boar d of 1474
administration may be called by 10 percent of the voting 1475
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interests giving notice of the meeting as required for a meeting 1476
of unit owners, and the notice shall state the purpose of the 1477
meeting. Electronic transmission may not be used as a method of 1478
giving notice of a meeting called in whole or in part for this 1479
purpose. 1480
1. If the recall is approved by a majority of all voting 1481
interests by a vote at a meeting, the recall will be effective 1482
as provided in this paragraph. The board shall duly notice and 1483
hold a board meeting within 5 full business days after the 1484
adjournment of the unit owner meeting to recall one or more 1485
board members. Such member or members shall be recalled 1486
effective immediately upon conclusion of the board meeting, 1487
provided that the rec all is facially valid. A recalled member 1488
must turn over to the board, within 10 full business days after 1489
the vote, any and all records and property of the association in 1490
their possession. 1491
1.2. If The proposed recall is by an agreement in writing 1492
by a majority of all voting interests, the agreement in writing 1493
or a copy thereof must shall be served on the association by 1494
registered certified mail or by personal service in the manner 1495
authorized by chapter 48 and the Florida Rules of Civil 1496
Procedure. Methods of service that are not authorized by chapter 1497
48 and the Florida Rules of Civil Procedure are invalid and any 1498
service that does not comply with this paragraph is void. The 1499
board of administration shall duly notice and hold a meeting of 1500
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the board within 5 f ull business days after receipt of the 1501
agreement by valid service as authorized under this paragraph in 1502
writing. Such member or members must shall be recalled effective 1503
immediately upon the conclusion of the board meeting, provided 1504
that the recall is facia lly valid and the agreement was validly 1505
served. A recalled member must turn over to the board, within 10 1506
full business days, any and all records and property of the 1507
association in his or her their possession. 1508
2. Rejection of a unit owner's recall agreeme nt under this 1509
section applies when the recall agreement: 1510
a. Was improperly served; 1511
b. Was executed by a person who was not a unit's record 1512
owner or designated voter; 1513
c. Was previously marked for the removal of any board 1514
member; 1515
d. Does not contain any markings that indicate the 1516
selection by a unit owner to either remove or retain a board 1517
member; or 1518
e. Does not contain the signature of the unit owner. 1519
3. There is a rebuttable presumption that a unit owner 1520
executing the recall agreement is the des ignated voter for the 1521
unit. An association may not enforce a voting certificate 1522
requirement if the association has not enforced such requirement 1523
in all matters requiring the use of voting certificates in the 1524
year immediately preceding service of the recall agreement. 1525
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4. A rescission or revocation of a unit owner's recall 1526
agreement must be in writing and delivered to the association 1527
before the association is served with the written recall 1528
agreement. This subparagraph must be liberally construed to 1529
ensure a unit owner is not disenfranchised by an association in 1530
a recall and to prevent an association from failing to certify a 1531
recall agreement on a technical omission which is not a part in 1532
the discharge of the unit owner's voting rights. 1533
5.3. If the board fails to duly notice and hold a board 1534
meeting within 5 full business days after service of an 1535
agreement in writing or within 5 full business days after the 1536
adjournment of the unit owner recall meeting, the recall is 1537
deemed effective and the board members so recalled shall turn 1538
over to the board within 10 full business days after the vote 1539
any and all records and property of the association. 1540
6.4. If the board fails to duly notice and hold the 1541
required meeting or at the conclusion of the meeting determines 1542
that the recall is not facially valid, the unit owner 1543
representative may file a petition or circuit court action under 1544
s. 718.1255 challenging the board's failure to act or 1545
challenging the board's determination on facial validity. The 1546
petition or action must be filed within 45 60 days after the 1547
expiration of the applicable 5 -full-business-day period. The 1548
review of a petition or action under this subparagraph is 1549
limited to the sufficiency of service on the board and the 1550
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facial validity of the written agreement or ballots filed. The 1551
association must be named as the respondent. 1552
7.5. If a vacancy occurs on the board as a result of a 1553
recall or removal and less than a majority of the board members 1554
are removed, the vacancy may be filled by the affirmative vote 1555
of a majority of the remaining directors, notwithstanding any 1556
provision to the contrary contained in this subsection. If 1557
vacancies occur on the board as a result of a recall and a 1558
majority or more of the board members are removed, the vacancies 1559
must shall be filled in accordance with procedural rules to be 1560
adopted by the division, which rules need not be consistent with 1561
this subsection. The rules must provide procedures governing the 1562
conduct of the recall election as well as the operation of the 1563
association during the period after a recall but before the 1564
recall election. 1565
8.6. A board member who has been recalled may file a 1566
petition or court action under s. 718.1255 challenging the 1567
validity of the recall. The petition or action must be filed 1568
within 45 60 days after the recall. The association and the unit 1569
owner representative must shall be named as the respondents. The 1570
petition or action may challenge the facial validity of the 1571
written agreement or ballots filed or the substantial compliance 1572
with the procedural r equirements for the recall. If the 1573
arbitrator or court determines the recall was invalid, the 1574
petitioning board member must shall immediately be reinstated 1575
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and the recall is null and void. A board member who is 1576
successful in challenging a recall is entitle d to recover 1577
reasonable attorney fees and costs from the respondents. The 1578
arbitrator or court may award reasonable attorney fees and costs 1579
to the respondents if they prevail, if the arbitrator or court 1580
makes a finding that the petitioner's claim is frivolo us. 1581
9.7. The division or a court of competent jurisdiction may 1582
not accept for filing a recall petition or court action, whether 1583
filed under subparagraph 1., subparagraph 2., subparagraph 4., 1584
or subparagraph 6., or subparagraph 8., when there are 45 60 or 1585
fewer days until the scheduled reelection of the board member 1586
sought to be recalled or when 45 60 or fewer days have elapsed 1587
since the election of the board member sought to be recalled. 1588
(m) Alternative dispute resolution. —There must be a 1589
provision for alternative dispute resolution as provided for in 1590
s. 718.1255 for any residential condominium. 1591
(p) Director or officer delinquencies. —A director or 1592
officer more than 90 days delinquent in the payment of any 1593
monetary obligation due the association is shall be deemed to 1594
have abandoned the office, creating a vacancy in the office to 1595
be filled according to law. For the purpose of this paragraph, a 1596
director or an officer is delinquent if a payment is not made by 1597
the due date as specifically identified in t he declarations, 1598
bylaws, or articles of incorporation. If a due date is not 1599
specifically identified in the declaration, bylaws, or articles 1600
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of incorporation, the due date is the first day of the 1601
assessment period. 1602
Section 5. Paragraphs (d) and (e) of s ubsection (5) of 1603
section 718.113, Florida Statutes, are amended to read: 1604
718.113 Maintenance; limitation upon improvement; display 1605
of flag; hurricane protection; display of religious 1606
decorations.— 1607
(5) To protect the health, safety, and welfare of the 1608
people of the state and to ensure uniformity and consistency in 1609
the hurricane protections installed by condominium associations 1610
and unit owners, this subsection applies to all residential and 1611
mixed-use condominiums in the state, regardless of when the 1612
condominium is created pursuant to the declaration of 1613
condominium. Each board of administration of a residential 1614
condominium or mixed -use condominium must adopt hurricane 1615
protection specifications for each building within each 1616
condominium operated by the associ ation which may include color, 1617
style, and other factors deemed relevant by the board. All 1618
specifications adopted by the board must comply with the 1619
applicable building code. The installation, maintenance, repair, 1620
replacement, and operation of hurricane prot ection in accordance 1621
with this subsection is not considered a material alteration or 1622
substantial addition to the common elements or association 1623
property within the meaning of this section. 1624
(d) Unless otherwise provided in the declaration as 1625
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originally recorded, or as amended, a unit owner is not 1626
responsible for the cost of any removal or reinstallation of 1627
hurricane protection, including exterior windows, doors, or 1628
other apertures, if its removal is necessary for the 1629
maintenance, repair, or replacement of other condominium 1630
property or association property for which the association is 1631
responsible. The board shall determine if the removal or 1632
reinstallation of hurricane protection must be completed by the 1633
unit owner or the association if the declaration as ori ginally 1634
recorded, or as amended, does not specify who is responsible for 1635
such costs. If such removal or reinstallation is completed by 1636
the association, the costs incurred by the association may not 1637
be charged to the unit owner. If such removal or reinstall ation 1638
is completed by the unit owner, the association must reimburse 1639
the unit owner for the cost of the removal or reinstallation or 1640
the association must apply a credit toward future assessments in 1641
the amount of the unit owner's cost to remove or reinstall the 1642
hurricane protection. 1643
(e) If the removal or reinstallation of hurricane 1644
protection, including exterior windows, doors, or other 1645
apertures, is the responsibility of the unit owner and the 1646
association completes such removal or reinstallation and then 1647
charges the unit owner for such removal or reinstallation, such 1648
charges are enforceable as an assessment and may be collected in 1649
the manner provided under s. 718.116. 1650
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Section 6. Subsection (10) of section 718.116, Florida 1651
Statutes, is amended to read: 1652
718.116 Assessments; liability; lien and priority; 1653
interest; collection. — 1654
(10)(a) The specific purpose or purposes of any special 1655
assessment, including any contingent special assessment levied 1656
in conjunction with the purchase of an insurance policy 1657
authorized by s. 718.111(11), approved in accordance with the 1658
condominium documents shall be set forth in a written notice of 1659
such assessment sent or delivered to each unit owner. The funds 1660
collected pursuant to a special assessment shall be used only 1661
for the specific purpose or purposes set forth in such notice. 1662
However, upon completion of such specific purpose or purposes, 1663
any excess funds will be considered common surplus, and may, at 1664
the discretion of the board, either be returned to the unit 1665
owners or applied as a credit toward future assessments. 1666
(b) The Legislature finds that: 1667
1. In some circumstances, the declaration, articles of 1668
incorporation, or bylaws of an association restrict the 1669
authority of the board of administration to levy special 1670
assessments without first obtaining the approval of the 1671
membership, which may preclude an association from obtaining 1672
immediate funding to carry out its obligations to perform 1673
necessary maintenance, repair, or replacement of the condominium 1674
property as required by the milestone inspection report and 1675
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structural integrity reserve study report in order to protect 1676
the health and safety of the unit owners and tenants of the 1677
property. 1678
2. It is contrary to the public policy of this state to 1679
limit the ability of an associ ation to obtain the funds needed 1680
to perform necessary maintenance, repair, or replacement of the 1681
condominium property as required by the milestone inspection 1682
report and structural integrity reserve study report in order to 1683
protect the unit owners and tenan ts of the property. 1684
3. Authorizing the board of administration of an 1685
association to meet its fiduciary duty and levy special 1686
assessments to fund necessary maintenance, repair, or 1687
replacement of the condominium property as required by the 1688
milestone inspection report and structural integrity reserve 1689
study report in order to protect the health and safety of the 1690
unit owners and tenants of the property is in the public 1691
interest; that requiring an association to obtain membership 1692
approval endangers the public s afety; and that there is a 1693
compelling state interest in enabling the board of 1694
administration of an association to levy special assessments to 1695
perform necessary maintenance, repair, or replacement of the 1696
condominium property as required by the milestone ins pection 1697
report and structural integrity reserve study report without the 1698
approval of the membership in order to protect the health and 1699
safety of the unit owners and tenants of the property. 1700
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(c) Notwithstanding any provision to the contrary 1701
contained in an association's declaration, articles of 1702
incorporation, or bylaws, the board of administration of an 1703
association may levy special assessments to perform necessary 1704
maintenance, repair, or replacement of the condominium property 1705
as required by the milestone inspection report and structural 1706
integrity reserve study report without the approval of the 1707
membership in order to protect the health and safety of the unit 1708
owners and tenants of the property. 1709
(d) Paragraph (c) applies to all condominiums in existence 1710
on or after July 1, 2025, which are not subject to control of 1711
the developer as defined in s. 718.103 or a bulk assignee or 1712
bulk buyer, as those terms are defined in s. 718.703. 1713
Section 7. Paragraph (a) of subsection (2) and subsections 1714
(3), (4), and (16) of section 718.117, Florida Statutes, are 1715
amended to read: 1716
718.117 Termination of condominium. — 1717
(2) TERMINATION BECAUSE OF ECONOMIC WASTE OR 1718
IMPOSSIBILITY.— 1719
(a) Notwithstanding any provision in the declaration, the 1720
condominium form of ownership of a property may be terminated by 1721
a plan of termination approved by the lesser of the lowest 1722
percentage of voting interests necessary to amend the 1723
declaration or as otherwise provided in the declaration for 1724
approval of termination if: 1725
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1. The total estimate d cost of construction , replacement, 1726
or repairs necessary to construct or replace the intended 1727
improvements or restore the improvements to bring them into 1728
compliance with the most recent version of the Florida Building 1729
Code or to their former condition or bring them into compliance 1730
with applicable laws or regulations , plus the combined estimated 1731
fair market value of the units in the condominium before 1732
commencement of the construction, replacement, or repairs, 1733
exceeds the combined estimated fair market value of the units in 1734
the condominium after completion of the construction , 1735
replacement, or repairs. However, if at least 50 percent of the 1736
total voting interests are owned by a bulk owner, as defined in 1737
paragraph (3)(c), termination of the condominium under th is 1738
subsection requires the approval of at least 80 percent of all 1739
the voting interests in the condominium ; or 1740
2. It becomes impossible to operate or reconstruct a 1741
condominium to its prior physical configuration because of land 1742
use laws or regulations. 1743
(3) OPTIONAL TERMINATION. —Subject to this subsection, the 1744
condominium form of ownership may be terminated for all or a 1745
portion of the condominium property pursuant to a plan of 1746
termination meeting the requirements of this section and 1747
approved by the divisi on. Before a residential association 1748
submits a plan to the division, the plan must be approved by at 1749
least 80 percent of the total voting interests in of the 1750
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condominium. However, if 5 percent or more of the total voting 1751
interests of the condominium have r ejected the plan of 1752
termination by negative vote or by providing written objections, 1753
the plan of termination may not proceed. 1754
(a) The termination of the condominium form of ownership 1755
is subject to the following conditions: 1756
1. The total voting interests of the condominium must 1757
include all voting interests for the purpose of considering a 1758
plan of termination. A voting interest of the condominium may 1759
not be suspended for any reason when voting on termination 1760
pursuant to this subsection. 1761
2. If 5 percent or more of the total voting interests of 1762
the condominium have rejected reject a plan of termination by a 1763
negative vote or by providing written objections , the plan of 1764
termination may not proceed and a subsequent plan of termination 1765
under pursuant to this subsection may not be considered for 24 1766
months after the date of the rejection. 1767
(b) This subsection does not apply to any condominium 1768
created pursuant to Part VI of this chapter until 5 years after 1769
the recording of the declaration of condominium, unless th ere is 1770
no objection to the plan of termination. 1771
(c) The requirements of this paragraph apply to 1772
residential condominiums. For purposes of this paragraph 1773
subsection, the term "bulk owner" means the single holder of 1774
such voting interests or an owner togeth er with a related entity 1775
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or entities that would be considered an insider, as defined in 1776
s. 726.102, holding such voting interests. If the condominium 1777
association is a residential association proposed for 1778
termination pursuant to this section and , at the time of 1779
recording the plan of termination, at least 80 percent of the 1780
total voting interests of the condominium are owned by a bulk 1781
owner, the plan of termination is subject to the following 1782
conditions and limitations: 1783
1. If the former condominium units are offered for lease 1784
to the public after the termination, each unit owner in 1785
occupancy immediately before the date of recording of the plan 1786
of termination may lease his or her former unit and remain in 1787
possession of the unit for 12 months after the effective date of 1788
the termination on the same terms as similar unit types within 1789
the property are being offered to the public. In order to obtain 1790
a lease and exercise the right to retain exclusive possession of 1791
the unit owner's former unit, the unit owner must make a written 1792
request to the termination trustee to rent the former unit 1793
within 90 days after the date the plan of termination is 1794
recorded. Any unit owner who fails to timely make such written 1795
request and sign a lease within 15 days after being presented 1796
with a lease is deemed to have waived his or her right to retain 1797
possession of his or her former unit and shall be required to 1798
vacate the former unit upon the effective date of the 1799
termination, unless otherwise provided in the plan of 1800
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termination. 1801
2. Any former unit owner whose unit was granted homestead 1802
exemption status by the applicable county property appraiser as 1803
of the date of the recording of the plan of termination shall be 1804
paid a relocation payment in an amount equal to 1 percent of the 1805
termination proceeds allocated to the owner's former unit. Any 1806
relocation payment payable under this subparagraph shall be paid 1807
by the single entity or related entities owning at least 80 1808
percent of the total voting interests. Such relocation payment 1809
shall be in addition to the termination proceeds for such 1810
owner's former unit and shall be paid no later than 10 days 1811
after the former unit owner vacates his or her former unit. 1812
3. For their respective units, all unit owners other than 1813
the bulk owner must be compensated at least 100 percent of the 1814
fair market value of their units. The fair market value shall be 1815
determined as of a date that is no earlier than 90 days before 1816
the date that the plan of termination is recorded and shall be 1817
determined by an independent appraiser selected by the 1818
termination trustee. For a person whose unit was granted 1819
homestead exemption status by the applicable county property 1820
appraiser, or was an owner -occupied operating business, as of 1821
the date that the plan of termination is recorded and who is 1822
current in payment of both assessments and other monetary 1823
obligations to the association as of the date the plan of 1824
termination is recorded, the fair market value shall be at least 1825
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the original purchase price paid for the unit. For purposes of 1826
this subparagraph, the term "fair market value" means the price 1827
of a unit that a seller is willing to accept and a buyer is 1828
willing to pay on the open market in an arms -length transaction 1829
based on similar units sold in other condominiums, including 1830
units sold in bulk purchases but excluding units sold at 1831
wholesale or distressed prices. The purchase price of units 1832
acquired in bulk following a bankruptcy or foreclosure shall not 1833
be considered for purposes of determining fair market value. 1834
4. The plan of termination mu st provide for payment of a 1835
first mortgage encumbering a unit to the extent necessary to 1836
satisfy the lien, but the payment may not exceed the unit's 1837
share of the proceeds of termination under the plan. If the unit 1838
owner is current in payment of both assess ments and other 1839
monetary obligations to the association and any mortgage 1840
encumbering the unit as of the date the plan of termination is 1841
recorded, the receipt by the holder of the unit's share of the 1842
proceeds of termination under the plan or the outstanding 1843
balance of the mortgage, whichever is less, shall be deemed to 1844
have satisfied the first mortgage in full. 1845
5. Before a plan of termination is presented to the unit 1846
owners for consideration pursuant to this paragraph, the plan 1847
must include the following w ritten disclosures in a sworn 1848
statement: 1849
a. The identity of any person or entity that owns or 1850
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controls 25 percent or more of the units in the condominium and, 1851
if the units are owned by an artificial entity or entities, a 1852
disclosure of the natural person or persons who, directly or 1853
indirectly, manage or control the entity or entities and the 1854
natural person or persons who, directly or indirectly, own or 1855
control 10 percent or more of the artificial entity or entities 1856
that constitute the bulk owner. 1857
b. The units acquired by any bulk owner, the date each 1858
unit was acquired, and the total amount of compensation paid to 1859
each prior unit owner by the bulk owner, regardless of whether 1860
attributed to the purchase price of the unit. 1861
c. The relationship of any board member to the bulk owner 1862
or any person or entity affiliated with the bulk owner subject 1863
to disclosure pursuant to this subparagraph. 1864
d. The factual circumstances that show that the plan 1865
complies with the requirements of this section and that the plan 1866
supports the expressed public policies of this section. 1867
(d) If the members of the board of administration are 1868
elected by the bulk owner, unit owners other than the bulk owner 1869
may elect at least one -third of the members of the board of 1870
administration before the approval of any plan of termination. 1871
(e) Termination must be approved by the division after a 1872
plan of termination receives the requisite approval from the 1873
unit owners. The division shall examine the plan of termination 1874
to determine its procedural suf ficiency and, within 45 days 1875
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after receipt of the initial filing, the division shall notify 1876
the association by mail of any procedural deficiencies or that 1877
the filing is accepted. If the notice is not given within 45 1878
days after the receipt of the filing, th e plan of termination is 1879
presumed to be accepted. If the division determines that the 1880
conditions required by this section have been met and that the 1881
plan complies with the procedural requirements of this section, 1882
the division shall authorize the terminatio n, and the 1883
termination may proceed pursuant to this section. 1884
(f) Subsection (2) does not apply to optional termination 1885
pursuant to this subsection. 1886
(4) EXEMPTION.—A plan of termination is not an amendment 1887
subject to s. 718.110(4). In a partial terminat ion, a plan of 1888
termination is not an amendment subject to s. 718.110(4) if the 1889
ownership share of the common elements of a surviving unit in 1890
the condominium remains in the same proportion to the surviving 1891
units as it was before the partial termination. Notwithstanding 1892
any provision in the declaration to the contrary, the 1893
association may amend the declaration of condominium for the 1894
purpose of incorporating this section by the lesser of the 1895
lowest percentage of voting interests necessary to amend the 1896
declaration or as otherwise provided in the declaration, 1897
whichever is less. 1898
(16) RIGHT TO CONTEST. —A unit owner or lienor may contest 1899
a plan of termination by initiating a petition in accordance 1900
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with s. 718.1255 within 90 days after the date the plan is 1901
recorded. A unit owner or lienor may only contest the fairness 1902
and reasonableness of the apportionment of the proceeds from the 1903
sale among the unit owners ;, that the liens of the first 1904
mortgages of unit owners other than the bulk owner have not or 1905
will not be satisfied to the extent required by subsection (3) ; 1906
that the combined estimated fair market value of the units in 1907
the condominium after completion of th e construction, 1908
replacement, or repairs contemplated by subparagraph (2)(a)1. 1909
exceeds the estimated value of the units before the 1910
construction, replacement, or repairs plus the cost of the 1911
construction, replacement, or repairs; , or that the required 1912
vote to approve the plan was not obtained. A unit owner or 1913
lienor who does not contest the plan within the 90 -day period is 1914
barred from asserting or prosecuting a claim against the 1915
association, the termination trustee, any unit owner, or any 1916
successor in interes t to the condominium property. In an action 1917
contesting a plan of termination, the person contesting the plan 1918
has the burden of pleading and proving that the apportionment of 1919
the proceeds from the sale among the unit owners was not fair 1920
and reasonable or th at the required vote was not obtained. The 1921
apportionment of sale proceeds is presumed fair and reasonable 1922
if it was determined pursuant to the methods prescribed in 1923
subsection (12). If the petition is filed with the division for 1924
arbitration, the arbitrator shall determine the rights and 1925
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interests of the parties in the apportionment of the sale 1926
proceeds. If the arbitrator determines that the apportionment of 1927
sales proceeds is not fair and reasonable, the arbitrator may 1928
void the plan or may modify the plan to apportion the proceeds 1929
in a fair and reasonable manner pursuant to this section based 1930
upon the proceedings and order the modified plan of termination 1931
to be implemented. If the arbitrator determines that the plan 1932
was not properly approved, or that the proc edures to adopt the 1933
plan were not properly followed, the arbitrator may void the 1934
plan or grant other relief it deems just and proper. The 1935
arbitrator shall automatically void the plan upon a finding that 1936
any of the disclosures required in subparagraph (3)(c )5. are 1937
omitted, misleading, incomplete, or inaccurate. Any challenge to 1938
a plan, other than a challenge that the required vote was not 1939
obtained, does not affect title to the condominium property or 1940
the vesting of the condominium property in the trustee, bu t 1941
shall only be a claim against the proceeds of the plan. In any 1942
such action, the prevailing party shall recover reasonable 1943
attorney fees and costs. 1944
Section 8. Subsection (7) of section 718.1255, Florida 1945
Statutes, is renumbered as subsection (9), parag raph (a) of 1946
subsection (4) and subsection (6) are amended, and new 1947
subsections (7) and (8) are added to that section, to read: 1948
718.1255 Alternative dispute resolution; mediation; 1949
nonbinding arbitration; applicability. — 1950
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(4) NONBINDING ARBITRATION AND MEDIATION OF DISPUTES. —The 1951
Division of Florida Condominiums, Timeshares, and Mobile Homes 1952
of the Department of Business and Professional Regulation may 1953
employ full-time attorneys to act as arbitrators to conduct the 1954
arbitration hearings provided by this chapter. The division may 1955
also certify attorneys who are not employed by the division to 1956
act as arbitrators to conduct the arbitration hearings provided 1957
by this chapter. A person may not be employed by the department 1958
as a full-time arbitrator unless he or she is a member in good 1959
standing of The Florida Bar. A person may only be certified by 1960
the division to act as an arbitrator if he or she has been a 1961
member in good standing of The Florida Bar for at least 5 years 1962
and has mediated or arbitrated at least 10 disputes involving 1963
condominiums in this state during the 3 years immediately 1964
preceding the date of application, mediated or arbitrated at 1965
least 30 disputes in any subject area in this state during the 3 1966
years immediately preced ing the date of application, or attained 1967
board certification in real estate law or condominium and 1968
planned development law from The Florida Bar. Arbitrator 1969
certification is valid for 1 year. An arbitrator who does not 1970
maintain the minimum qualifications fo r initial certification 1971
may not have his or her certification renewed. The department 1972
may not enter into a legal services contract for an arbitration 1973
hearing under this chapter with an attorney who is not a 1974
certified arbitrator unless a certified arbitrato r is not 1975
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available within 50 miles of the dispute. The department shall 1976
adopt rules of procedure to govern such arbitration hearings 1977
including mediation incident thereto. The decision of an 1978
arbitrator is final; however, a decision is not deemed final 1979
agency action. Nothing in this provision shall be construed to 1980
foreclose parties from proceeding in a trial de novo unless the 1981
parties have agreed that the arbitration is binding. If judicial 1982
proceedings are initiated, the final decision of the arbitrator 1983
is admissible in evidence in the trial de novo. 1984
(a) Before the institution of court litigation, a party to 1985
a dispute, other than an election or recall dispute, shall 1986
either petition the division for nonbinding arbitration or 1987
initiate presuit mediation as prov ided in subsection (5). In an 1988
election or recall dispute that is arbitrated by the division, 1989
the arbitration decision is binding on the parties unless 1990
removed pursuant to subsection (7). For all other disputes, 1991
arbitration is binding on the parties if all parties in 1992
arbitration agree to be bound in a writing filed in arbitration. 1993
The petition must be accompanied by a filing fee in the amount 1994
of $50. Filing fees collected under this section must be used to 1995
defray the expenses of the alternative dispute resol ution 1996
program. 1997
(6) DISPUTES INVOLVING ELECTION IRREGULARITIES OR RECALL 1998
OF A DIRECTOR.—Every arbitration petition received by the 1999
division and required to be filed under this section challenging 2000
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the legality of the election of any director of the board o f 2001
administration or the recall of any director of the board of 2002
administration must be handled on an expedited basis in the 2003
manner provided by the division's rules for recall arbitration 2004
disputes. If a challenge to an election or recall dispute is 2005
filed in circuit court, the challenge must be brought in equity 2006
as a summary proceeding pursuant to s. 51.011. The party filing 2007
the action may request the court to issue a temporary injunction 2008
to stay an upcoming election while the action is pending. The 2009
court must set an immediate hearing when an action is filed 2010
pursuant to this subsection. The court may limit the time for 2011
taking testimony based on the circumstances of the matter and 2012
the proximity of the date on which a succeeding election is 2013
scheduled, if applicab le. An action filed pursuant to this 2014
subsection must be tried without a jury. The prevailing party in 2015
an action filed pursuant to this subsection shall recover 2016
reasonable attorney fees and costs. 2017
(7) REMOVAL OF ELECTION AND RECALL ARBITRATION ACTIONS. — 2018
(a) A unit owner, a recall representative, or an 2019
association may remove a petition for arbitration for an 2020
election or a recall dispute within 10 days after service of 2021
such petition by filing a notice of removal and complaint in the 2022
circuit court for the c ounty in which the association is 2023
located. The failure to timely file a notice of removal and 2024
complaint bars the parties from seeking a trial de novo or 2025
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otherwise filing an action in circuit court and the arbitration 2026
ruling by the division is final and bin ding on the parties. 2027
(b) A notice of removal and complaint, as well as a copy 2028
of all process, pleadings, and orders served in an action, must 2029
be signed pursuant to the Florida Rules of Civil Procedure. The 2030
party that does not seek the removal of the arbi tration decision 2031
does not need to consent to the filing of a notice of removal 2032
and complaint. The party filing the notice of removal and 2033
complaint must simultaneously serve written notice to all 2034
parties and file a copy of such written notice with the 2035
division, which ceases any further action on the matter. The 2036
party filing the notice of removal and complaint must pay all 2037
applicable filing fees within 5 days after filing the notice of 2038
removal and complaint. An action or counterclaim filed after the 2039
filing of the notice of removal and complaint must be brought in 2040
equity as a summary proceeding pursuant to s. 51.011. The party 2041
filing the action may request the court to issue a temporary 2042
injunction to stay an upcoming election while the action is 2043
pending. The court must set an immediate hearing when an action 2044
is filed pursuant to this paragraph. The court may limit the 2045
time for taking testimony based on the circumstances of the 2046
matter and the proximity of the date on which a succeeding 2047
election is scheduled, if a pplicable. An action filed pursuant 2048
to this paragraph must be tried without a jury. Pursuant to 2049
subsection (8), reasonable attorney fees and costs may be 2050
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awarded in disputes brought under this subsection. 2051
(8) ATTORNEY FEES AND COSTS FOR DISPUTES INVOLVIN G A 2052
RECALL OF DIRECTORS. —If the division or a court of this state 2053
renders a judgment or decree against an association and in favor 2054
of the unit owner, the division, trial court, or, in the event 2055
of an appeal in which the unit owner prevails, the appellate 2056
court shall order the association to pay all costs incurred by 2057
the unit owner in the action and the unit owner's reasonable 2058
attorney fees. The division or court may award such costs and 2059
attorney fees in the judgment or decree rendered in the action 2060
or such costs and attorney fees may be included in a separate 2061
judgment or decree. Costs and attorney fees may not be recovered 2062
in any action involving the recall of directors except as 2063
provided in this subsection or if awarded as a sanction under s. 2064
57.105. 2065
Section 9. Subsection (6) of section 718.128, Florida 2066
Statutes, is renumbered as subsection (8), subsection (4) is 2067
amended, and new subsections (6) and (7) are added to that 2068
section, to read: 2069
718.128 Electronic voting. —The association may conduct 2070
elections and other unit owner votes through an Internet -based 2071
online voting system if a unit owner consents, electronically or 2072
in writing, to online voting and if the following requirements 2073
are met: 2074
(4) This section applies to an association that provides 2075
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for and authorizes an online voting system pursuant to this 2076
section by a board resolution. If the board authorizes online 2077
voting, the board must honor a unit owner's request to vote 2078
electronically at all subsequent elections, unless such unit 2079
owner opts out of online voting. The board resolution must 2080
provide that unit owners receive notice of the opportunity to 2081
vote through an online voting system, must establish reasonable 2082
procedures and deadlines for unit owners to consent, 2083
electronically or in writing, to onli ne voting, and must 2084
establish reasonable procedures and deadlines for unit owners to 2085
opt out of online voting after giving consent. Written notice of 2086
a meeting at which the resolution will be considered must be 2087
mailed, delivered, or electronically transmit ted to the unit 2088
owners and posted conspicuously on the condominium property or 2089
association property at least 14 days before the meeting. 2090
Evidence of compliance with the 14 -day notice requirement must 2091
be made by an affidavit executed by the person providing the 2092
notice and filed with the official records of the association. 2093
(6) If at least 25 percent of the voting interests of a 2094
condominium petition the board to adopt a resolution for 2095
electronic voting for the next scheduled election, the board 2096
must hold a meeting within 21 days after receipt of the petition 2097
to adopt such resolution. The board must receive the petition 2098
within 180 days after the date of the last scheduled annual 2099
meeting. 2100
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(7)(a) Unless the association has adopted electronic 2101
voting in accordance with subsections (1) -(6), the association 2102
must designate an e-mail address for receipt of electronically 2103
transmitted ballots. Electronically transmitted ballots must 2104
meet all the requirements of this subsection. 2105
(b) A unit owner may electronically tr ansmit a ballot to 2106
the e-mail address designated by the association without 2107
complying with s. 718.112(2)(d)2. or the rules providing for the 2108
secrecy of ballots adopted by the division. The association must 2109
count completed ballots that are electronically tr ansmitted to 2110
the designated e-mail address, provided the completed ballot 2111
complies with the requirements of this subsection. 2112
(c) A ballot that is electronically transmitted to the 2113
association must include all of the following: 2114
1. A space for the unit o wner to type in his or her unit 2115
number. 2116
2. A space for the unit owner to type in his or her first 2117
and last name, which also functions as the signature of the unit 2118
owner for purposes of signing the ballot. 2119
3. The following statement in capitalized lette rs and in a 2120
font size larger than any other font size used in the e -mail 2121
from the association to the unit owner: 2122
2123
WAIVING THE SECRECY OF YOUR BALLOT IS YOUR CHOICE. YOU DO 2124
NOT HAVE TO WAIVE THE SECRECY OF YOUR BALLOT IN ORDER TO 2125
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VOTE. BY TRANSMITTING YOUR COMPLETED BALLOT THROUGH E -MAIL 2126
TO THE ASSOCIATION, YOU WAIVE YOUR SECRECY OF YOUR 2127
COMPLETED BALLOT. IF YOU DO NOT WISH TO WAIVE YOUR SECRECY 2128
BUT WISH TO PARTICIPATE IN THE VOTE THAT IS THE SUBJECT OF 2129
THIS BALLOT, PLEASE ATTEND THE IN -PERSON MEETING DURING 2130
WHICH THE MATTER WILL BE VOTED ON. 2131
2132
(d) A unit owner must transmit his or her completed ballot 2133
to the e-mail address designated by the association no later 2134
than the scheduled date and time of the meeting during which the 2135
matter is being voted on. 2136
(e) There is a rebuttable presumption that an association 2137
has reviewed all folders associated with the e -mail address 2138
designated by the association to receive ballots if a board 2139
member, an officer, or an agent of the association, or a manager 2140
licensed under part VIII of chapter 468, provides a sworn 2141
affidavit attesting to such review. 2142
Section 10. Subsection (7) of section 718.203, Florida 2143
Statutes, is amended to read: 2144
718.203 Warranties. — 2145
(7) Residential Condominiums may be covered by an insured 2146
warranty program underwritten by a licensed insurance company 2147
registered in this state, provided that such warranty program 2148
meets the minimum requirements of this chapter; to the degree 2149
that such warranty program does not meet the minimum 2150
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requirements of this cha pter, such requirements shall apply. 2151
Section 11. Subsection (1) of section 718.301, Florida 2152
Statutes, is amended to read: 2153
718.301 Transfer of association control; claims of defect 2154
by association.— 2155
(1) If unit owners other than the developer own 15 percent 2156
or more of the units in a condominium that will be operated 2157
ultimately by an association, the unit owners other than the 2158
developer are entitled to elect at least one -third of the 2159
members of the board of administration of the association. Unit 2160
owners other than the developer are entitled to elect at least a 2161
majority of the members of the board of administration of an 2162
association, upon the first to occur of any of the following 2163
events: 2164
(a) Three years after 50 percent of the units that will be 2165
operated ultimately by the association have been conveyed to 2166
purchasers; 2167
(b) Three months after 90 percent of the units that will 2168
be operated ultimately by the association have been conveyed to 2169
purchasers; 2170
(c) When all the units that will be operated ultima tely by 2171
the association have been completed, some of them have been 2172
conveyed to purchasers, and none of the others are being offered 2173
for sale by the developer in the ordinary course of business; 2174
(d) When some of the units have been conveyed to 2175
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purchasers and none of the others are being constructed or 2176
offered for sale by the developer in the ordinary course of 2177
business; 2178
(e) When the developer files a petition seeking protection 2179
in bankruptcy; 2180
(f) When a receiver for the developer is appointed by a 2181
circuit court and is not discharged within 30 days after such 2182
appointment, unless the court determines within 30 days after 2183
appointment of the receiver that transfer of control would be 2184
detrimental to the association or its members; or 2185
(g) Seven years after the date of the recording of the 2186
certificate of a surveyor and mapper pursuant to s. 2187
718.104(4)(e) or the recording of an instrument that transfers 2188
title to a unit in the condominium which is not accompanied by a 2189
recorded assignment of developer rights in favor of the grantee 2190
of such unit, whichever occurs first; or, in the case of an 2191
association that may ultimately operate more than one 2192
condominium, 7 years after the date of the recording of the 2193
certificate of a surveyor and mapper pursuant to s. 2194
718.104(4)(e) or the recording of an instrument that transfers 2195
title to a unit which is not accompanied by a recorded 2196
assignment of developer rights in favor of the grantee of such 2197
unit, whichever occurs first, for the first condominium it 2198
operates; or, in the cas e of an association operating a phase 2199
condominium created pursuant to s. 718.403, 7 years after the 2200
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date of the recording of the certificate of a surveyor and 2201
mapper pursuant to s. 718.104(4)(e) or the recording of an 2202
instrument that transfers title to a u nit which is not 2203
accompanied by a recorded assignment of developer rights in 2204
favor of the grantee of such unit, whichever occurs first. 2205
2206
The developer is entitled to elect at least one member of the 2207
board of administration of an association as long as the 2208
developer holds for sale in the ordinary course of business at 2209
least 5 percent, in condominiums with fewer than 500 units, and 2210
2 percent, in condominiums with more than 500 units, of the 2211
units in a condominium operated by the association. After the 2212
developer relinquishes control of the association, the developer 2213
may exercise the right to vote any developer -owned units in the 2214
same manner as any other unit owner except for purposes of 2215
reacquiring control of the association or selecting the majority 2216
members of the board of administration. Beginning July 1, 2025, 2217
paragraphs (a), (c), (d), and (g) do not apply to nonresidential 2218
condominiums comprised of 10 or fewer units. 2219
Section 12. Paragraphs (a) and (b) of subsection (1) of 2220
section 718.302, Florida Statute s, are amended to read: 2221
718.302 Agreements entered into by the association. — 2222
(1) Any grant or reservation made by a declaration, lease, 2223
or other document, and any contract made by an association prior 2224
to assumption of control of the association by unit owners other 2225
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than the developer, that provides for operation, maintenance, or 2226
management of a condominium association or property serving the 2227
unit owners of a condominium shall be fair and reasonable, and 2228
such grant, reservation, or contract may be cancel ed by unit 2229
owners other than the developer: 2230
(a) If the association operates only one condominium and 2231
the unit owners other than the developer have assumed control of 2232
the association, or if unit owners other than the developer own 2233
at least not less than 75 percent of the voting interests in the 2234
condominium or 90 percent of the voting interests if the 2235
condominium is a nonresidential condominium consisting of 10 or 2236
fewer units, the cancellation must shall be by concurrence of 2237
the owners of at least not less than 75 percent of the voting 2238
interests other than the voting interests owned by the 2239
developer. If a grant, reservation, or contract is so canceled 2240
and the unit owners other than the developer have not assumed 2241
control of the association, the association must shall make a 2242
new contract or otherwise provide for maintenance, management, 2243
or operation in lieu of the canceled obligation, at the 2244
direction of the owners of not less than a majority of the 2245
voting interests in the condominium other than the voting 2246
interests owned by the developer. 2247
(b) If the association operates more than one condominium 2248
and the unit owners other than the developer have not assumed 2249
control of the association, and if unit owners other than the 2250
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developer own at least 75 percent of the v oting interests in the 2251
condominiums a condominium operated by the association or, 2252
beginning July 1, 2025, 90 percent of the voting interests if 2253
the condominium is a nonresidential condominium consisting of 10 2254
or fewer units, any grant, reservation, or contract for 2255
maintenance, management, or operation of buildings containing 2256
the units in that condominium or of improvements used only by 2257
unit owners of that condominium may be canceled by concurrence 2258
of the owners of at least 75 percent , or 90 percent if t he 2259
condominium is a nonresidential condominium consisting of 10 or 2260
fewer units, of the voting interests in the condominium other 2261
than the voting interests owned by the developer. A No grant, 2262
reservation, or contract for maintenance, management, or 2263
operation of recreational areas or any other property serving 2264
more than one condominium, and operated by more than one 2265
association, may not be canceled except pursuant to paragraph 2266
(d). 2267
Section 13. Subsection (4) of section 718.407, Florida 2268
Statutes, is amended to read: 2269
718.407 Condominiums created within a portion of a 2270
building or within a multiple parcel building. — 2271
(4)(a) The association of a condominium subject to this 2272
section may inspect and copy the books and records upon which 2273
the costs for maintainin g and operating the shared facilities 2274
are based, and must to receive an annual budget with respect to 2275
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such costs. 2276
(b) Within 60 days after the end of each fiscal year, a 2277
complete financial report of all costs for maintaining and 2278
operating the shared faci lities must be provided to the 2279
association. Such report must include copies of all receipts and 2280
invoices. 2281
(c) Within 60 days after receipt of the financial report, 2282
the association may challenge any apportionment of costs for the 2283
maintenance and operation of the shared facilities. A challenge 2284
under this paragraph is governed by s. 720.311. 2285
Section 14. Paragraph (d) of subsection (1) and paragraphs 2286
(d) and (e) of subsection (2) of section 718.503, Florida 2287
Statutes, are amended to read: 2288
718.503 Developer disclosure prior to sale; nondeveloper 2289
unit owner disclosure prior to sale; voidability. — 2290
(1) DEVELOPER DISCLOSURE. — 2291
(d) Milestone inspection, turnover inspection report, or 2292
structural integrity reserve study. —If the association is 2293
required to have completed a milestone inspection as described 2294
in s. 553.899, a turnover inspection report for a turnover 2295
inspection performed on or after July 1, 2023, or a structural 2296
integrity reserve study, and the association has not completed 2297
the milestone inspection, the turnover inspection report, or the 2298
structural integrity reserve study, each contract entered into 2299
after December 31, 2024, for the sale of a residential unit 2300
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shall contain in conspicuous type a statement indicating that 2301
the association is required to have a milestone inspection, a 2302
turnover inspection report, or a structural integrity reserve 2303
study and has not completed such inspection, report, or study, 2304
as appropriate. If the association is not required to have a 2305
milestone inspection as described in s. 553.899 or a structural 2306
integrity reserve study, each contract entered into after 2307
December 31, 2024, for the sale of a residential unit shall 2308
contain in conspicuous type a statement indicating that the 2309
association is not required to have a milestone inspe ction or a 2310
structural integrity reserve study, as appropriate. If the 2311
association has completed a milestone inspection as described in 2312
s. 553.899, a turnover inspection report for a turnover 2313
inspection performed on or after July 1, 2023, or a structural 2314
integrity reserve study, each contract entered into after 2315
December 31, 2024, for the sale of a residential unit shall 2316
contain in conspicuous type: 2317
1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES 2318
THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE IN SPECTOR-2319
PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED 2320
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF 2321
THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION 2322
718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A 2323
COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY 2324
RESERVE STUDY DESCRIBED IN SECTIONS 718.103 718.103(26) AND 2325
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718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15 2326
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO 2327
EXECUTION OF THIS CONTRACT; or and 2328
2. A clause which states: THIS AGREEMENT IS VOIDABLE BY 2329
BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO 2330
CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL 2331
HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMEN T BY THE 2332
BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR -2333
PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED 2334
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF 2335
THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION 2336
718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A 2337
COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY 2338
RESERVE STUDY DESCRIBED IN SECTIONS 718.103 718.103(26) AND 2339
718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED 2340
WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER 2341
MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15 2342
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER 2343
THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR -PREPARED 2344
SUMMARY OF THE MILESTON E INSPECTION REPORT AS DESCRIBED IN 2345
SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER 2346
INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q), 2347
FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST RECENT 2348
STRUCTURAL INTEGRITY RESERVE STUDY DESC RIBED IN SECTIONS 718.103 2349
718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF REQUESTED IN 2350
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT 2351
CLOSING. 2352
2353
A contract that does not conform to the requirements of this 2354
paragraph is voidable at the option of the purchaser prior to 2355
closing. 2356
(2) NONDEVELOPER DISCLOSURE. — 2357
(d) Each contract entered into after July 1, 1992, for the 2358
resale of a residential unit shall contain in conspicuous type 2359
either: 2360
1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES 2361
THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE DECLARATION 2362
OF CONDOMINIUM, ARTICLES OF INCORPORATION OF THE ASSOCIATION, 2363
BYLAWS AND RULES OF THE ASSOCIATION, A COPY OF THE MOST RECENT 2364
ANNUAL FINANCIAL STATEMENT AND ANNUAL BUDGET, AND FREQU ENTLY 2365
ASKED QUESTIONS AND ANSWERS DOCUMENT MORE THAN 3 DAYS, EXCLUDING 2366
SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF 2367
THIS CONTRACT; or 2368
2. A clause which states: THIS AGREEMENT IS VOIDABLE BY 2369
BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER 'S INTENTION TO 2370
CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL 2371
HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE 2372
BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE DECLARATION 2373
OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS A ND RULES OF 2374
THE ASSOCIATION, A COPY OF THE MOST RECENT ANNUAL FINANCIAL 2375
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
STATEMENT AND ANNUAL BUDGET, AND FREQUENTLY ASKED QUESTIONS AND 2376
ANSWERS DOCUMENT IF SO REQUESTED IN WRITING. ANY PURPORTED 2377
WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUY ER 2378
MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3 2379
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER 2380
THE BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION, 2381
BYLAWS AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST 2382
RECENT ANNUAL FINANCIAL STATEMENT AND ANNUAL BUDGET YEAR-END 2383
FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS 2384
DOCUMENT IF REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS 2385
AGREEMENT SHALL TERMINATE AT CLOSING. 2386
2387
A contract that does not conform t o the requirements of this 2388
paragraph is voidable at the option of the purchaser before 2389
prior to closing. 2390
(e) If the association is required to have completed a 2391
milestone inspection as described in s. 553.899, a turnover 2392
inspection report for a turnover i nspection performed on or 2393
after July 1, 2023, or a structural integrity reserve study, and 2394
the association has not completed the milestone inspection, the 2395
turnover inspection report, or the structural integrity reserve 2396
study, each contract entered into aft er December 31, 2024, for 2397
the sale of a residential unit shall contain in conspicuous type 2398
a statement indicating that the association is required to have 2399
a milestone inspection, a turnover inspection report, or a 2400
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
structural integrity reserve study and has not completed such 2401
inspection, report, or study, as appropriate. If the association 2402
is not required to have a milestone inspection as described in 2403
s. 553.899 or a structural integrity reserve study, each 2404
contract entered into after December 31, 2024, for the sale of a 2405
residential unit shall contain in conspicuous type a statement 2406
indicating that the association is not required to have a 2407
milestone inspection or a structural integrity reserve study, as 2408
appropriate. If the association has completed a mileston e 2409
inspection as described in s. 553.899, a turnover inspection 2410
report for a turnover inspection performed on or after July 1, 2411
2023, or a structural integrity reserve study, each contract 2412
entered into after December 31, 2024, for the resale of a 2413
residential unit shall contain in conspicuous type: 2414
1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES 2415
THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR -2416
PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED 2417
IN SECTION 553.899, FLORIDA STA TUTES, IF APPLICABLE; A COPY OF 2418
THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION 2419
718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A 2420
COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY 2421
RESERVE STUDY DESCRIBED IN SECTIONS 718.103 718.103(26) AND 2422
718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 3 2423
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO 2424
EXECUTION OF THIS CONTRACT; or and 2425
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
2. A clause which states: THIS AGREEMENT IS VOIDABLE BY 2426
BUYER BY DELIVERING WRITTEN N OTICE OF THE BUYER'S INTENTION TO 2427
CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL 2428
HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE 2429
BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR -2430
PREPARED SUMMARY OF THE MILESTONE I NSPECTION REPORT AS DESCRIBED 2431
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF 2432
THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION 2433
718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A 2434
COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY 2435
RESERVE STUDY DESCRIBED IN SECTIONS 718.103 718.103(26) AND 2436
718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED 2437
WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER 2438
MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THA N 3 2439
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER 2440
THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR -PREPARED 2441
SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN 2442
SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER 2443
INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q), 2444
FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST RECENT 2445
STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS 718.103 2446
718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF REQUESTED IN 2447
WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT 2448
CLOSING. 2449
2450
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A contract that does not conform to the requirements of this 2451
paragraph is voidable at the option of the purchaser before 2452
prior to closing. 2453
Section 15. Section 31 of chapter 2024 -244, 2024 Laws of 2454
Florida, is amended to read: 2455
Section 31. The amendments made to ss. 718.103(14) and 2456
718.202(3) and s. 718.407(1), (2), and (6), Florida Statutes, as 2457
created by this act, are intended to clarify existing law and 2458
shall apply retroactively. However, suc h amendments do not 2459
revive or reinstate any right or interest in a matter pending 2460
adjudication that has been fully and finally adjudicated as 2461
invalid before October 1, 2024. 2462
Section 16. This act shall take effect July 1, 2025. 2463