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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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membership; providing applicability; requiring an 26
association to post the adopted minu tes of certain 27
meetings on the association's website or application; 28
amending s. 718.112, F.S.; authorizing an association 29
to adopt written reasonable rules governing unit owner 30
questions at a meeting; authorizing an association 31
operating a nonresidential condominium to provide for 32
different voting and election procedures; authorizing 33
the board of an association to pause or reduce 34
contributions to its reserves without requiring 35
approval from the members of the association; 36
authorizing a majority of the tota l voting interests 37
of certain associations to approve the provision of a 38
specified line of credit to be used for certain 39
purposes; authorizing an association's reserve 40
accounts to be pooled; specifying that a conflict of 41
interest exists if the person condu cting a structural 42
integrity reserve study or milestone inspection 43
provides or contracts to provide repair or replacement 44
services on certain property; revising applicability; 45
requiring the Department of Business and Professional 46
Regulation to initiate rul emaking by a specified date 47
for a certain purpose; prohibiting the suspension of a 48
voting interest of a condominium when voting to recall 49
a member of the board of administration; prohibiting 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
any prior suspension of voting rights from having any 51
effect; removing certain provisions relating to the 52
method for recalling members of the board; requiring 53
that a recall agreement be served on the association 54
by registered mail, rather than by certified mail or 55
by personal service; providing that service must be 56
provided in a specified manner to be valid; providing 57
that a rejection of a unit owner's recall agreement 58
applies under certain circumstances; providing that 59
there is a rebuttable presumption that a unit owner 60
executing a recall agreement is the designated vot er 61
for the unit; prohibiting an association from 62
enforcing a voting certificate requirement under 63
certain circumstances; requiring that a rescission or 64
revocation of a unit owner's recall agreement be in 65
writing and delivered to the association before an 66
association is served with the written recall 67
agreement; providing construction; revising the 68
timeframe in which a certain petition or action must 69
be filed; requiring that an association be named as 70
the respondent in such petition or action; revising 71
the timeframe in which the Division of Florida 72
Condominiums, Timeshares, and Mobile Homes or a court 73
may not accept a recall petition or a court action; 74
providing that a director or an officer is delinquent 75
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if payment is not made by a specified due date 76
identified in the declarations, bylaws, or articles of 77
incorporation; providing that a payment is delinquent 78
on the first day of the assessment period if no 79
specified due date is in the declarations, bylaws, or 80
articles of incorporation; amending s. 718.113, F.S.; 81
requiring the board to determine whose responsibility 82
it is to pay for removal or reinstallation of 83
hurricane protection; removing authorization for an 84
association to enforce and collect certain charges as 85
assessments; amending s. 718.116, F.S.; providing 86
legislative findings; authorizing the board of an 87
association to levy special assessments for certain 88
purposes without approval of the membership; providing 89
applicability; amending s. 718.117, F.S.; authorizing 90
termination of a condominium if the estimate d costs of 91
replacement, in addition to certain construction or 92
repair costs, exceed the estimated fair market value 93
of the units; requiring approval for termination of a 94
condominium by a specified percentage of the voting 95
interests under certain circumstan ces; removing 96
provision prohibiting a plan of termination if a 97
certain percentage of the total voting interests 98
reject the plan; specifying how members can reject a 99
plan of termination; providing that certain provisions 100
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relating to a plan of termination ap ply to residential 101
condominiums only; requiring a plan of termination to 102
be approved by the division; authorizing condominiums 103
to amend their declarations by a specified vote to 104
include certain provisions of statutory law; providing 105
additional reasons a un it owner or lienor can contest 106
the apportionment of proceed from a sale of the 107
condominium; amending s. 718.1255, F.S.; providing 108
requirements for bringing an action to challenge an 109
election or a recall; authorizing certain persons to 110
file a notice of remo val and complaint in circuit 111
court within a specified timeframe after service of a 112
petition to arbitrate an election or recall disputes; 113
barring actions that are not timely filed and 114
rendering the arbitration decision final; providing 115
requirements for fili ng a notice of removal and 116
complaint and bringing an action to challenge the 117
arbitration decision; specifying the sole method in 118
which the division or court may award costs and 119
attorney fees in a dispute involving the recall of a 120
director; amending s. 718. 128, F.S.; removing a 121
requirement for written notice of certain meetings; 122
requiring, after a specified percentage of voting 123
interests adopts a resolution, a board to hold a 124
meeting within a certain timeframe; requiring a board 125
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to receive a petition to adop t a resolution within a 126
certain timeframe; requiring an association to have a 127
designated e-mail address for receipt of ballots 128
transmitted electronically; providing requirements for 129
electronically transmitting a ballot; providing a 130
presumption; amending s. 718.203, F.S.; providing that 131
all condominiums, not just residential, can be covered 132
by an insured warranty program; amending s. 718.301, 133
F.S.; providing that certain provisions of law 134
relating to transfer of control of an association do 135
not apply to certain residential condominiums 136
beginning on a specified date; amending s. 718.302, 137
F.S.; providing that if unit owners own a specified 138
percentage of voting interests in certain condominiums 139
that certain agreements may be cancelled by the unit 140
owners; amending s. 718.407, F.S.; requiring that a 141
specified report be provided to an association within 142
a certain amount of time after the end of the fiscal 143
year; requiring copies of receipts and invoices be 144
included with the report; authorizing an association 145
to challenge the apportionment of certain costs of the 146
shared facilities within a certain amount of time; 147
providing construction; amending s. 718.503, F.S.; 148
requiring a developer or unit owner to provide one 149
notice, instead of two, to a buyer before the sale of 150
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a unit; requiring a unit owner to provide the most 151
recent annual financial statement and annual budget to 152
a buyer before the sale of a unit; amending ch. 2024 -153
244, Laws of Florida; providing that certain 154
amendments that were made to the Condominium Act do 155
not revive, reinstate, or retroactively apply to a 156
right or interest of a condominium unit owner or 157
condominium association in a matter pending 158
adjudication before a specified date; providing 159
effective dates. 160
161
Be It Enacted by the Legislature of the Stat e of Florida: 162
163
Section 1. Paragraph (a) of subsection (6) of section 164
627.351, Florida Statutes, is amended to read: 165
627.351 Insurance risk apportionment plans. — 166
(6) CITIZENS PROPERTY INSURANCE CORPORATION. — 167
(a) The public purpose of this subsecti on is to ensure 168
that there is an orderly market for property insurance for 169
residents and businesses of this state. 170
1. The Legislature finds that private insurers are 171
unwilling or unable to provide affordable property insurance 172
coverage in this state to t he extent sought and needed. The 173
absence of affordable property insurance threatens the public 174
health, safety, and welfare and likewise threatens the economic 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
health of the state. The state therefore has a compelling public 176
interest and a public purpose to assist in assuring that 177
property in the state is insured and that it is insured at 178
affordable rates so as to facilitate the remediation, 179
reconstruction, and replacement of damaged or destroyed property 180
in order to reduce or avoid the negative effects othe rwise 181
resulting to the public health, safety, and welfare, to the 182
economy of the state, and to the revenues of the state and local 183
governments which are needed to provide for the public welfare. 184
It is necessary, therefore, to provide affordable property 185
insurance to applicants who are in good faith entitled to 186
procure insurance through the voluntary market but are unable to 187
do so. The Legislature intends, therefore, that affordable 188
property insurance be provided and that it continue to be 189
provided, as long as necessary, through Citizens Property 190
Insurance Corporation, a government entity that is an integral 191
part of the state, and that is not a private insurance company. 192
To that end, the corporation shall strive to increase the 193
availability of affordable prop erty insurance in this state, 194
while achieving efficiencies and economies, and while providing 195
service to policyholders, applicants, and agents which is no 196
less than the quality generally provided in the voluntary 197
market, for the achievement of the foregoin g public purposes. 198
Because it is essential for this government entity to have the 199
maximum financial resources to pay claims following a 200
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catastrophic hurricane, it is the intent of the Legislature that 201
the corporation continue to be an integral part of the state and 202
that the income of the corporation be exempt from federal income 203
taxation and that interest on the debt obligations issued by the 204
corporation be exempt from federal income taxation. 205
2. The Residential Property and Casualty Joint 206
Underwriting Association originally created by this statute 207
shall be known as the Citizens Property Insurance Corporation. 208
The corporation shall provide insurance for residential and 209
commercial property, for applicants who are entitled, but, in 210
good faith, are unable to procure insurance through the 211
voluntary market. The corporation shall operate pursuant to a 212
plan of operation approved by order of the Financial Services 213
Commission. The plan is subject to continuous review by the 214
commission. The commission may, by order, withdraw approval of 215
all or part of a plan if the commission determines that 216
conditions have changed since approval was granted and that the 217
purposes of the plan require changes in the plan. For the 218
purposes of this subsection, residential coverage include s both 219
personal lines residential coverage, which consists of the type 220
of coverage provided by homeowner, mobile home owner, dwelling, 221
tenant, condominium unit owner, and similar policies; and 222
commercial lines residential coverage, which consists of the 223
type of coverage provided by condominium association, apartment 224
building, and similar policies. 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
3. With respect to coverage for personal lines residential 226
structures: 227
a. Effective January 1, 2017, a structure that has a 228
dwelling replacement cost of $700, 000 or more, or a single 229
condominium unit that has a combined dwelling and contents 230
replacement cost of $700,000 or more, is not eligible for 231
coverage by the corporation. 232
b. The requirements of sub -subparagraph a. do not apply in 233
counties where the offic e determines there is not a reasonable 234
degree of competition. In such counties a personal lines 235
residential structure that has a dwelling replacement cost of 236
less than $1 million, or a single condominium unit that has a 237
combined dwelling and contents repla cement cost of less than $1 238
million, is eligible for coverage by the corporation. 239
4. It is the intent of the Legislature that policyholders, 240
applicants, and agents of the corporation receive service and 241
treatment of the highest possible level but never l ess than that 242
generally provided in the voluntary market. It is also intended 243
that the corporation be held to service standards no less than 244
those applied to insurers in the voluntary market by the office 245
with respect to responsiveness, timeliness, custome r courtesy, 246
and overall dealings with policyholders, applicants, or agents 247
of the corporation. 248
5.a. Effective January 1, 2009, a personal lines 249
residential structure that is located in the "wind -borne debris 250
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region," as defined in s. 1609.2, Internationa l Building Code 251
(2006), and that has an insured value on the structure of 252
$750,000 or more is not eligible for coverage by the corporation 253
unless the structure has opening protections as required under 254
the Florida Building Code for a newly constructed resi dential 255
structure in that area. A residential structure is deemed to 256
comply with this sub -subparagraph if it has shutters or opening 257
protections on all openings and if such opening protections 258
complied with the Florida Building Code at the time they were 259
installed. 260
b. Any major structure, as defined in s. 161.54(6)(a), 261
that is newly constructed, or rebuilt, repaired, restored, or 262
remodeled to increase the total square footage of finished area 263
by more than 25 percent, pursuant to a permit applied for after 264
July 1, 2015, is not eligible for coverage by the corporation if 265
the structure is seaward of the coastal construction control 266
line established pursuant to s. 161.053 or is within the Coastal 267
Barrier Resources System as designated by 16 U.S.C. ss. 3501 -268
3510. 269
6. With respect to wind -only coverage for commercial lines 270
residential condominiums, effective July 1, 2014, a condominium 271
shall be deemed ineligible for coverage if 50 percent or more of 272
the units are rented more than eight times in a calendar year 273
for a rental agreement period of less than 30 days. 274
7. The corporation may not issue or renew an insurance 275
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policy for a condominium unit owner or a condominium association 276
unless the condominium association has complied with the 277
inspection requirements i n ss. 553.899 and 718.112(2)(g). 278
Section 2. Subsections (4) and (10) of section 718.110, 279
Florida Statutes, are amended to read: 280
718.110 Amendment of declaration; correction of error or 281
omission in declaration by circuit court. — 282
(4)(a) Subject to paragraph (b), unless otherwise provided 283
in the declaration as originally recorded, an no amendment may 284
not change the configuration or size of any unit in any material 285
fashion, materially alter or modify the appurtenances to the 286
unit, or change the proporti on or percentage by which the unit 287
owner shares the common expenses of the condominium and owns the 288
common surplus of the condominium unless the record owner of the 289
unit and all record owners of liens on the unit join in the 290
execution of the amendment and unless all the record owners of 291
all other units in the same condominium approve the amendment. 292
The acquisition of property by the association and material 293
alterations or substantial additions to such property or the 294
common elements by the association in ac cordance with s. 295
718.111(7) or s. 718.113, and amendments providing for the 296
transfer of use rights in limited common elements pursuant to s. 297
718.106(2)(b) may not be considered shall not be deemed to 298
constitute a material alteration or modification of the 299
appurtenances to the units. Except as provided in paragraph (b), 300
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a declaration recorded after April 1, 1992, may not require the 301
approval of less than a majority of total voting interests of 302
the condominium for amendments under this subsection, unless 303
otherwise required by a governmental entity. 304
(b) Notwithstanding subsection (14), the declaration of a 305
nonresidential condominium formed on or after July 1, 2025, may 306
be amended to change the configuration or size of a unit in any 307
material fashion, materiall y alter or modify the appurtenances 308
to the unit, or change the proportion or percentage by which the 309
unit owner shares the common expenses of the condominium and 310
owns the common surplus of the condominium, if the record owners 311
of all affected units and all record owners of liens on the 312
affected units join in the execution of the amendment. The 313
approval of the record owners of the nonaffected units in such 314
condominium is not required. 315
(10) If there is an omission or error in a declaration of 316
condominium, or any other document required to establish the 317
condominium, and the omission or error would affect the valid 318
existence of the condominium, the circuit court may entertain a 319
petition of one or more of the unit owners in the condominium, 320
or of the associatio n, to correct the error or omission, and the 321
action may be a class action. The court may require that one or 322
more methods of correcting the error or omission be submitted to 323
the unit owners to determine the most acceptable correction. All 324
unit owners, the association, and the mortgagees of a first 325
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mortgage of record must be joined as parties to the action. 326
Service of process on unit owners may be by publication, but the 327
plaintiff must furnish every unit owner not personally served 328
with process with a copy o f the petition and final decree of the 329
court by certified mail, return receipt requested, at the unit 330
owner's last known residence address as reflected in the 331
association's official records . If an action to determine 332
whether the declaration or another cond ominium document complies 333
with the mandatory requirements for the formation of a 334
condominium is not brought within 3 years of the recording of 335
the certificate of a surveyor and mapper pursuant to s. 336
718.104(4)(e) or the recording of an instrument that tran sfers 337
title to a unit in the condominium which is not accompanied by a 338
recorded assignment of developer rights in favor of the grantee 339
of such unit, whichever occurs first, the declaration and other 340
documents will effectively create a condominium, as of th e date 341
the declaration was recorded, regardless of whether the 342
documents substantially comply with the mandatory requirements 343
of law. However, both before and after the expiration of this 3 -344
year period, the circuit court has jurisdiction to entertain a 345
petition permitted under this subsection for the correction of 346
the documentation, and other methods of amendment may be 347
utilized to correct the errors or omissions at any time. 348
Section 3. Paragraph (a) of subsection (11), paragraphs 349
(a) and (c) of subsect ion (12), and subsection (13) of section 350
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718.111, Florida Statutes, are amended, and subsection (16) is 351
added to that section, to read: 352
718.111 The association. — 353
(11) INSURANCE.—In order to protect the safety, health, 354
and welfare of the people of the S tate of Florida and to ensure 355
consistency in the provision of insurance coverage to 356
condominiums and their unit owners, this subsection applies to 357
every residential condominium in the state, regardless of the 358
date of its declaration of condominium. It is t he intent of the 359
Legislature to encourage lower or stable insurance premiums for 360
associations described in this subsection. 361
(a) Every condominium association must provide adequate 362
property insurance as determined under this paragraph , 363
regardless of any requirement in the declaration of condominium 364
for certain coverage by the association for full insurable 365
value, replacement cost, or similar coverage, must be based on 366
the replacement cost of the property to be insured as determined 367
by an independent insura nce appraisal or update of a prior 368
appraisal. The replacement cost must be determined at least once 369
every 36 months. 370
1. An association or group of associations may provide 371
adequate property insurance through a self -insurance fund that 372
complies with the requirements of ss. 624.460 -624.488. 373
2. The amount of adequate insurance coverage for full 374
insurable value, replacement cost, or similar coverage may be 375
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based on the replacement cost of the property to be insured as 376
determined by an independent insurance appraisal or update of a 377
previous appraisal. The replacement cost of property covered 378
must be determined every 3 years, at a minimum. 379
3.2. The association's obligation to obtain and 380
association may also provide adequate property insurance 381
coverage for a group of at least three communities created and 382
operating under this chapter, chapter 719, chapter 720, or 383
chapter 721 may be satisfied by obtaining and maintaining for 384
such communities insurance coverage sufficient to cover an 385
amount equal to the probable maximum loss for the communities 386
for a 250-year windstorm event. 387
a. Such probable maximum loss must be determined through 388
the use of a competent model that has been accepted by the 389
Florida Commission on Hurricane Loss Projection Methodology. 390
b. A policy or program providing such coverage may not be 391
issued or renewed after July 1, 2008, unless it has been 392
reviewed and approved by the Office of Insurance Regulation. The 393
review and approval must include approval of the policy and 394
related forms pursuant to ss. 627.410 and 627.411, approval of 395
the rates pursuant to s. 627.062, a determination that the loss 396
model approved by the commission was accurately and 397
appropriately applied to the insured structures to determine the 398
250-year probable maximum loss, and a determination that 399
complete and accurate disclosure of all material provisions is 400
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provided to condominium unit owners before execution of the 401
agreement by a condominium association. 402
4.3. When determining the adequate amount of property 403
insurance coverage, the association may consider deductibles as 404
determined by this subsection. 405
(12) OFFICIAL RECORDS. — 406
(a) From the inception of the association, the association 407
shall maintain each of the following items, if applicable, which 408
constitutes the official r ecords of the association: 409
1. A copy of the plans, permits, warranties, and other 410
items provided by the developer under s. 718.301(4). 411
2. A photocopy of the recorded declaration of condominium 412
of each condominium operated by the association and each 413
amendment to each declaration. 414
3. A photocopy of the recorded bylaws of the association 415
and each amendment to the bylaws. 416
4. A certified copy of the articles of incorporation of 417
the association, or other documents creating the association, 418
and each amendment thereto. 419
5. A copy of the current rules of the association. 420
6. A book or books that contain the minutes of all 421
meetings of the association, the board of administration, and 422
the unit owners. 423
7. A current roster of all unit owners and their mailin g 424
addresses, unit identifications, voting certifications, and, if 425
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known, telephone numbers. The association shall also maintain 426
the e-mail addresses and facsimile numbers of unit owners 427
consenting to receive notice by electronic transmission. In 428
accordance with sub-subparagraph (c)4.e. (c)5.e., the e-mail 429
addresses and facsimile numbers are only accessible to unit 430
owners if consent to receive notice by electronic transmission 431
is provided, or if the unit owner has expressly indicated that 432
such personal information can be shared with other unit owners 433
and the unit owner has not provided the association with a 434
request to opt out of such dissemination with other unit owners. 435
An association must ensure that the e -mail addresses and 436
facsimile numbers are only used for the business operation of 437
the association and may not be sold or shared with outside third 438
parties. If such personal information is included in documents 439
that are released to third parties, other than unit owners, the 440
association must redact such pers onal information before the 441
document is disseminated. However, the association is not liable 442
for an inadvertent disclosure of the e -mail address or facsimile 443
number for receiving electronic transmission of notices unless 444
such disclosure was made with a kno wing or intentional disregard 445
of the protected nature of such information. 446
8. All current insurance policies of the association and 447
condominiums operated by the association. 448
9. A current copy of any management agreement, lease, or 449
other contract to whi ch the association is a party or under 450
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which the association or the unit owners have an obligation or 451
responsibility. 452
10. Bills of sale or transfer for all property owned by 453
the association. 454
11. Accounting records for the association and separate 455
accounting records for each condominium that the association 456
operates. Any person who knowingly or intentionally defaces or 457
destroys such records, or who knowingly or intentionally fails 458
to create or maintain such records, with the intent of causing 459
harm to the association or one or more of its members, is 460
personally subject to a civil penalty pursuant to s. 461
718.501(1)(e). The accounting records must include, but are not 462
limited to: 463
a. Accurate, itemized, and detailed records of all 464
receipts and expenditu res. 465
b. All invoices, transaction receipts, or deposit slips 466
that substantiate any receipt or expenditure of funds by the 467
association. 468
c. A current account and a monthly, bimonthly, or 469
quarterly statement of the account for each unit designating the 470
name of the unit owner, the due date and amount of each 471
assessment, the amount paid on the account, and the balance due. 472
d. All audits, reviews, accounting statements, structural 473
integrity reserve studies, and financial reports of the 474
association or condom inium. Structural integrity reserve studies 475
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must be maintained for at least 15 years after the study is 476
completed. 477
e. All contracts for work to be performed. Bids for work 478
to be performed are also considered official records and must be 479
maintained by the association for at least 1 year after receipt 480
of the bid. 481
12. Ballots, sign-in sheets, voting proxies, and all other 482
papers and electronic records relating to voting by unit owners, 483
which must be maintained for 1 year from the date of the 484
election, vote, or meeting to which the document relates, 485
notwithstanding paragraph (b). 486
13. All rental records if the association is acting as 487
agent for the rental of condominium units. 488
14. A copy of the current question and answer sheet as 489
described in s. 718.504. 490
15. A copy of the inspection reports described in ss. 491
553.899 and 718.301(4)(p) and any other inspection report 492
relating to a structural or life safety inspection of 493
condominium property. Such record must be maintained by the 494
association for 15 years af ter receipt of the report. 495
16. Bids for materials, equipment, or services. 496
17. All affirmative acknowledgments made pursuant to s. 497
718.121(4)(c). 498
18. A copy of all building permits. 499
19. A copy of all satisfactorily completed board member 500
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educational certificates. 501
20. All other written records of the association not 502
specifically included in the foregoing which are related to the 503
operation of the association. 504
(c)1.a. The official records of the association are open 505
to inspection by any association member and any person 506
authorized by an association member as a representative of such 507
member at all reasonable times. The right to inspect the records 508
includes the right to make or obtain copies, at the reasonable 509
expense, if any, of the member and of the person authorized by 510
the association member as a representative of such member. A 511
renter of a unit has a right to inspect and copy only the 512
declaration of condominium, the association's bylaws and rules, 513
and the inspection reports described in ss. 553.899 and 514
718.301(4)(p). The association may adopt reasonable rules 515
regarding the frequency, time, location, notice, and manner of 516
record inspections and copying but may not require a member to 517
demonstrate any purpose or state any reason for the inspection. 518
The failure of an association to provide the records within 10 519
working days after receipt of a written request creates a 520
rebuttable presumption that the association willfully failed to 521
comply with this paragraph. A unit owner who is denied access to 522
official records is entitled to the actual damages or minimum 523
damages for the association's willful failure to comply. Minimum 524
damages are $50 per calendar day for up to 10 days, beginning on 525
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the 11th working day after receipt of the written request. The 526
failure to permit inspection entitles any person prevailing in 527
an enforcement action to recover reasonable attorney fees from 528
the person in control of the records who, directly or 529
indirectly, knowingly denied access to the records. If the 530
requested records are poste d on an association's website, or are 531
available for download through an application on a mobile 532
device, the association may fulfill its obligations under this 533
paragraph by directing to the website or the application all 534
persons authorized to request access . 535
b. In response to a written request to inspect records, 536
the association must simultaneously provide to the requestor a 537
checklist of all records made available for inspection and 538
copying. The checklist must also identify any of the 539
association's officia l records that were not made available to 540
the requestor. An association must maintain a checklist provided 541
under this sub-subparagraph for 7 years. An association 542
delivering a checklist pursuant to this sub -subparagraph creates 543
a rebuttable presumption tha t the association has complied with 544
this paragraph. 545
2. A director or member of the board or association or a 546
community association manager who knowingly and, willfully or 547
intentionally, and repeatedly violates subparagraph 1. commits a 548
misdemeanor of the second degree, punishable as provided in s. 549
775.082 or s. 775.083, and must be removed from office and a 550
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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
vacancy declared. For purposes of this subparagraph, the term 551
"repeatedly" means two or more violations within a 12 -month 552
period. 553
3. Any person who willfully and knowingly or intentionally 554
defaces or destroys accounting records that are required by this 555
chapter to be maintained during the period for which such 556
records are required to be maintained, or who willfully and 557
knowingly or intentionally fails to create or maintain 558
accounting records that are required to be created or 559
maintained, with the intent of causing harm to the association 560
or one or more of its members, commits a misdemeanor of the 561
first degree, punishable as provided in s. 775.082 or s. 562
775.083; is personally subject to a civil penalty pursuant to s. 563
718.501(1)(d); and must be removed from office and a vacancy 564
declared. 565
4. A person who willfully and knowingly or intentionally 566
refuses to release or otherwise produce association records with 567
the intent to avoid or escape detection, arrest, trial, or 568
punishment for the commission of a crime, or to assist another 569
person with such avoidance or escape, commits a felony of the 570
third degree, punishable as provided in s. 775.082, s. 775.083, 571
or s. 775.084, and must be removed from office and a vacancy 572
declared. 573
5. The association shall maintain an adequate number of 574
copies of the declaration, articles of incorporation, bylaws, 575
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and rules, and all amendments to each of the foregoing, as well 576
as the question and answer sheet as described in s. 718.504 and 577
the most recent annual financial statement and annual budget 578
year-end financial information required under this section, on 579
the condominium property to ensure their availability to unit 580
owners and prospective purchasers, and may charge its actual 581
costs for preparing and furnishing these documents to those 582
requesting the documents. An association shall allow a member or 583
his or her authorized representative to use a portable device, 584
including a smartphone, tablet, portable scanner, or any other 585
technology capable of scanning or taking photographs, to make an 586
electronic copy of the official records in lieu of the 587
association's providing the member or his or her authorized 588
representative with a copy of such records. The association may 589
not charge a member or his or her authorized representative for 590
the use of a portable device. Notwithstanding this pa ragraph, 591
the following records are not accessible to unit owners: 592
a. Any record protected by the lawyer -client privilege as 593
described in s. 90.502 and any record protected by the work -594
product privilege, including a record prepared by an association 595
attorney or prepared at the attorney's express direction, which 596
reflects a mental impression, conclusion, litigation strategy, 597
or legal theory of the attorney or the association, and which 598
was prepared exclusively for civil or criminal litigation or for 599
adversarial administrative proceedings, or which was prepared in 600
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anticipation of such litigation or proceedings until the 601
conclusion of the litigation or proceedings. 602
b. Information obtained by an association in connection 603
with the approval of the lease, sale, or other transfer of a 604
unit. 605
c. Personnel records of association or management company 606
employees, including, but not limited to, disciplinary, payroll, 607
health, and insurance records. For purposes of this sub -608
subparagraph, the term "personnel records" doe s not include 609
written employment agreements with an association employee or 610
management company, or budgetary or financial records that 611
indicate the compensation paid to an association employee. 612
d. Medical records of unit owners. 613
e. Social security numb ers, driver license numbers, credit 614
card numbers, e-mail addresses, telephone numbers, facsimile 615
numbers, emergency contact information, addresses of a unit 616
owner other than as provided to fulfill the association's notice 617
requirements, and other personal i dentifying information of any 618
person, excluding the person's name, unit designation, mailing 619
address, property address, and any address, e -mail address, or 620
facsimile number provided to the association to fulfill the 621
association's notice requirements. Notwi thstanding the 622
restrictions in this sub -subparagraph, an association may print 623
and distribute to unit owners a directory containing the name, 624
unit address, and all telephone numbers of each unit owner. 625
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However, an owner may exclude his or her telephone num bers from 626
the directory by so requesting in writing to the association. An 627
owner may consent in writing to the disclosure of other contact 628
information described in this sub -subparagraph. The association 629
is not liable for the inadvertent disclosure of infor mation that 630
is protected under this sub -subparagraph if the information is 631
included in an official record of the association and is 632
voluntarily provided by an owner and not requested by the 633
association. 634
f. Electronic security measures that are used by th e 635
association to safeguard data, including passwords. 636
g. The software and operating system used by the 637
association which allow the manipulation of data, even if the 638
owner owns a copy of the same software used by the association. 639
The data is part of the o fficial records of the association. 640
h. All affirmative acknowledgments made pursuant to s. 641
718.121(4)(c). 642
(13) FINANCIAL REPORTING. —Within 90 days after the end of 643
the fiscal year, or annually on a date provided in the bylaws, 644
the association shall prepare and complete, or contract for the 645
preparation and completion of, a financial report for the 646
preceding fiscal year. Within 21 days after the final financial 647
report is completed by the association or received from the 648
third party, but not later than 120 days after the end of the 649
fiscal year or other date as provided in the bylaws, the 650
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association shall deliver to each unit owner by United States 651
mail or personal delivery at the mailing address, property 652
address, e-mail address, or facsimile number provided to fulfill 653
the association's notice requirements, a copy of the most recent 654
financial report, and a notice that a copy of the most recent 655
financial report will be mailed or hand delivered to the unit 656
owner, without charge, within 5 business days after receipt of a 657
written request from the unit owner . The division shall adopt 658
rules setting forth uniform account ing principles and standards 659
to be used by all associations and addressing the financial 660
reporting requirements for multicondominium associations. The 661
rules must include, but not be limited to, standards for 662
presenting a summary of association reserves, in cluding a good 663
faith estimate disclosing the annual amount of reserve funds 664
that would be necessary for the association to fully fund 665
reserves for each reserve item based on the straight -line 666
accounting method. This disclosure is not applicable to reserves 667
funded via the pooling method. In adopting such rules, the 668
division shall consider the number of members and annual 669
revenues of an association. Financial reports shall be prepared 670
as follows: 671
(a) An association that meets the criteria of this 672
paragraph shall prepare a complete set of financial statements 673
in accordance with generally accepted accounting principles. The 674
financial statements must be based upon the association's total 675
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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
annual revenues, as follows: 676
1. An association with total annual revenue s of $150,000 677
or more, but less than $300,000, shall prepare compiled 678
financial statements. 679
2. An association with total annual revenues of at least 680
$300,000, but less than $500,000, shall prepare reviewed 681
financial statements. 682
3. An association with t otal annual revenues of $500,000 683
or more shall prepare audited financial statements. 684
(b)1. An association with total annual revenues of less 685
than $150,000 shall prepare a report of cash receipts and 686
expenditures. 687
2. A report of cash receipts and disbur sements must 688
disclose the amount of receipts by accounts and receipt 689
classifications and the amount of expenses by accounts and 690
expense classifications, including, but not limited to, the 691
following, as applicable: costs for security, professional and 692
management fees and expenses, taxes, costs for recreation 693
facilities, expenses for refuse collection and utility services, 694
expenses for lawn care, costs for building maintenance and 695
repair, insurance costs, administration and salary expenses, and 696
reserves accumulated and expended for capital expenditures, 697
deferred maintenance, and any other category for which the 698
association maintains reserves. 699
(c) An association may prepare, without a meeting of or 700
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approval by the unit owners: 701
1. Compiled, reviewed, or audi ted financial statements, if 702
the association is required to prepare a report of cash receipts 703
and expenditures; 704
2. Reviewed or audited financial statements, if the 705
association is required to prepare compiled financial 706
statements; or 707
3. Audited financia l statements if the association is 708
required to prepare reviewed financial statements. 709
(d) If approved by a majority of the voting interests 710
present at a properly called meeting of the association, an 711
association may prepare: 712
1. A report of cash receipt s and expenditures in lieu of a 713
compiled, reviewed, or audited financial statement; 714
2. A report of cash receipts and expenditures or a 715
compiled financial statement in lieu of a reviewed or audited 716
financial statement; or 717
3. A report of cash receipts an d expenditures, a compiled 718
financial statement, or a reviewed financial statement in lieu 719
of an audited financial statement. 720
721
Such meeting and approval must occur before the end of the 722
fiscal year and is effective only for the fiscal year in which 723
the vote is taken. An association may not prepare a financial 724
report pursuant to this paragraph for consecutive fiscal years. 725
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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
If the developer has not turned over control of the association, 726
all unit owners, including the developer, may vote on issues 727
related to the preparation of the association's financial 728
reports, from the date of incorporation of the association 729
through the end of the second fiscal year after the fiscal year 730
in which the certificate of a surveyor and mapper is recorded 731
pursuant to s. 718.104(4) (e) or an instrument that transfers 732
title to a unit in the condominium which is not accompanied by a 733
recorded assignment of developer rights in favor of the grantee 734
of such unit is recorded, whichever occurs first. Thereafter, 735
all unit owners except the de veloper may vote on such issues 736
until control is turned over to the association by the 737
developer. Any audit or review prepared under this section shall 738
be paid for by the developer if done before turnover of control 739
of the association. 740
(e) A unit owner may provide written notice to the 741
division of the association's failure to mail or hand deliver 742
him or her a copy of the most recent financial report within 5 743
business days after he or she submitted a written request to the 744
association for a copy of such re port. If the division 745
determines that the association failed to mail or hand deliver a 746
copy of the most recent financial report to the unit owner, the 747
division shall provide written notice to the association that 748
the association must mail or hand deliver a copy of the most 749
recent financial report to the unit owner and the division 750
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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
within 5 business days after it receives such notice from the 751
division. An association that fails to comply with the 752
division's request may not waive the financial reporting 753
requirement provided in paragraph (d) for the fiscal year in 754
which the unit owner's request was made and the following fiscal 755
year. A financial report received by the division pursuant to 756
this paragraph shall be maintained, and the division shall 757
provide a copy of such report to an association member upon his 758
or her request. 759
(16) SPECIAL ASSESSMENTS AND OBTAINING LOANS. — 760
(a)1. The Legislature finds that: 761
a. Condominiums are created as authorized by statute and 762
are subject to covenants that encumber the lan d and restrict the 763
use of real property. 764
b. In some circumstances, the declaration, articles of 765
incorporation, or bylaws of an association restrict the 766
authority of the board of administration to levy special 767
assessments or to obtain a loan without first receiving approval 768
of the membership, which may preclude an association from 769
obtaining immediate funding to carry out its obligations to 770
perform necessary maintenance, repair, or replacement of the 771
condominium property as required by the milestone inspect ion 772
report and structural integrity reserve study report in order to 773
protect the health and safety of the unit owners and tenants of 774
the property. 775
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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
c. It is contrary to the public policy of this state to 776
limit the ability of an association to obtain the f unds needed 777
to perform necessary maintenance, repair, or replacement of the 778
condominium property as required by the milestone inspection 779
report and structural integrity reserve study report in order to 780
protect the health and safety of the unit owners and t enants of 781
the property. 782
d. It is in the best interest of this state to provide a 783
method for the boards of administration of associations to 784
obtain the funds needed to perform necessary maintenance, 785
repair, or replacement of the condominium property as re quired 786
by the milestone inspection report and structural integrity 787
reserve study report without the approval of the membership in 788
order to protect the health and safety of the unit owners and 789
tenants of the property. 790
2. The Legislature further finds that authorizing the 791
board of administration of an association to meet its fiduciary 792
duty, to levy special assessments, and to obtain a loan for 793
necessary maintenance, repair, or replacement of the condominium 794
property as required by the milestone inspection r eport and 795
structural integrity reserve study report in order to protect 796
the health and safety of the unit owners and tenants of the 797
property is in the public interest; that requiring an 798
association to obtain membership approval endangers the public 799
safety; and that there is a compelling state interest in 800
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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
enabling the board of administration of an association to levy 801
special assessments and obtain loans to perform necessary 802
maintenance, repair, or replacement of the condominium property 803
as required by the mi lestone inspection report and structural 804
integrity reserve study report without the approval of the 805
membership in order to protect the health and safety of the unit 806
owners and tenants of the property. 807
(b) Notwithstanding any provision to the contrary 808
contained in an association's declaration, articles of 809
incorporation, or bylaws, the board of administration of an 810
association may levy special assessments and obtain a loan to 811
perform necessary maintenance, repair, or replacement of the 812
condominium property as required by the milestone inspection 813
report and structural integrity reserve study report without the 814
approval of the membership in order to protect the health and 815
safety of the unit owners and tenants of the property. 816
(c) This section applies to all condominiums in existence 817
on or after July 1, 2025, which are not controlled by the 818
developer as defined in s. 718.103 or a bulk assignee or bulk 819
buyer, as those terms are defined in s. 718.703. 820
Section 4. Effective January 1, 2026, paragraph (g) of 821
subsection (12) of section 718.111, Florida Statutes, as amended 822
by section 8 of 2024 -244, Laws of Florida, is amended to read: 823
718.111 The association. — 824
(12) OFFICIAL RECORDS. — 825
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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
(g)1. An association managing a condominium with 25 or 826
more units which does not contain timeshare units shall post 827
digital copies of the documents specified in subparagraph 2. on 828
its website or make such documents available through an 829
application that can be downloaded on a mobile device. 830
a. The association's website or app lication must be: 831
(I) An independent website, application, or web portal 832
wholly owned and operated by the association; or 833
(II) A website, application, or web portal operated by a 834
third-party provider with whom the association owns, leases, 835
rents, or otherwise obtains the right to operate a web page, 836
subpage, web portal, collection of subpages or web portals, or 837
an application which is dedicated to the association's 838
activities and on which required notices, records, and documents 839
may be posted or made av ailable by the association. 840
b. The association's website or application must be 841
accessible through the Internet and must contain a subpage, web 842
portal, or other protected electronic location that is 843
inaccessible to the general public and accessible only to unit 844
owners and employees of the association. 845
c. Upon a unit owner's written request, the association 846
must provide the unit owner with a username and password and 847
access to the protected sections of the association's website or 848
application which conta in any notices, records, or documents 849
that must be electronically provided. 850
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2. A current copy of the following documents must be 851
posted in digital format on the association's website or 852
application: 853
a. The recorded declaration of condominium of each 854
condominium operated by the association and each amendment to 855
each declaration. 856
b. The recorded bylaws of the association and each 857
amendment to the bylaws. 858
c. The articles of incorporation of the association, or 859
other documents creating the association, and each amendment to 860
the articles of incorporation or other documents. The copy 861
posted pursuant to this sub -subparagraph must be a copy of the 862
articles of incorporation filed with the Department of State. 863
d. The rules of the association. 864
e. The adopted minutes of all meetings of the association, 865
the board of administration, and the unit owners over the 866
preceding 7 years. 867
f.e. A list of all executory contracts or documents to 868
which the association is a party or under which the association 869
or the unit owners have an obligation or responsibility and, 870
after bidding for the related materials, equipment, or services 871
has closed, a list of bids received by the association within 872
the past year. Summaries of bids for materials, equipment, or 873
services which exceed $500 must be maintained on the website or 874
application for 1 year. In lieu of summaries, complete copies of 875
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the bids may be posted. 876
g.f. The annual budget required by s. 718.112(2)(f) and 877
any proposed budget to be considered at the annual meeting. 878
h.g. The financial report required by subsection (13) and 879
any monthly income or expense statement to be considered at a 880
meeting. 881
i.h. The certification of each director required by s. 882
718.112(2)(d)4.b. 883
j.i. All contracts or transactions between the assoc iation 884
and any director, officer, corporation, firm, or association 885
that is not an affiliated condominium association or any other 886
entity in which an association director is also a director or 887
officer and financially interested. 888
k.j. Any contract or docu ment regarding a conflict of 889
interest or possible conflict of interest as provided in ss. 890
468.4335, 468.436(2)(b)6., and 718.3027(3). 891
l.k. The notice of any unit owner meeting and the agenda 892
for the meeting, as required by s. 718.112(2)(d)3., no later 893
than 14 days before the meeting. The notice must be posted in 894
plain view on the front page of the website or application, or 895
on a separate subpage of the website or application labeled 896
"Notices" which is conspicuously visible and linked from the 897
front page. The association must also post on its website or 898
application any document to be considered and voted on by the 899
owners during the meeting or any document listed on the agenda 900
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at least 7 days before the meeting at which the document or the 901
information within the document will be considered. 902
m.l. Notice of any board meeting, the agenda, and any 903
other document required for the meeting as required by s. 904
718.112(2)(c), which must be posted no later than the date 905
required for notice under s. 718.112(2)(c). 906
n.m. The inspection reports described in ss. 553.899 and 907
718.301(4)(p) and any other inspection report relating to a 908
structural or life safety inspection of condominium property. 909
o.n. The association's most recent structural integrity 910
reserve study, if appl icable. 911
p.o. Copies of all building permits issued for ongoing or 912
planned construction. 913
3. The association shall ensure that the information and 914
records described in paragraph (c), which are not allowed to be 915
accessible to unit owners, are not posted o n the association's 916
website or application. If protected information or information 917
restricted from being accessible to unit owners is included in 918
documents that are required to be posted on the association's 919
website or application, the association shall e nsure the 920
information is redacted before posting the documents. 921
Notwithstanding the foregoing, the association or its agent is 922
not liable for disclosing information that is protected or 923
restricted under this paragraph unless such disclosure was made 924
with a knowing or intentional disregard of the protected or 925
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restricted nature of such information. 926
4. The failure of the association to post information 927
required under subparagraph 2. is not in and of itself 928
sufficient to invalidate any action or decision of t he 929
association's board or its committees. 930
Section 5. Paragraphs (c), (d), (f), (g), (l), and (p) of 931
subsection (2) of section 718.112, Florida Statutes, are 932
amended, and paragraph (m) of that subsection is republished, to 933
read: 934
718.112 Bylaws.— 935
(2) REQUIRED PROVISIONS. —The bylaws shall provide for the 936
following and, if they do not do so, shall be deemed to include 937
the following: 938
(c) Board of administration meetings. —In a residential 939
condominium association of more than 10 units, the board of 940
administration shall meet at least once each quarter. At least 941
four times each year, the meeting agenda must include an 942
opportunity for memb ers to ask questions of the board , including 943
questions relating to the status of any construction or repair 944
projects, the status of all revenue and expenditures during the 945
current fiscal year, and any other issues affecting the 946
condominium. Meetings of the board of administration at which a 947
quorum of the members is present are open to all unit owners. 948
Members of the board of administration may use e -mail as a means 949
of communication but may not cast a vote on an association 950
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matter via e-mail. A unit owner ma y tape record or videotape the 951
meetings. The right to attend such meetings includes the right 952
to speak at such meetings with reference to all designated 953
agenda items and the right to ask questions relating to reports 954
on the status of construction or repair projects, the status of 955
revenues and expenditures during the current fiscal year, and 956
other issues affecting the condominium . The division shall adopt 957
reasonable rules governing the tape recording and videotaping of 958
the meeting. The association may adopt written reasonable rules 959
governing the frequency, duration, and manner of unit owner 960
statements and questions. 961
1. Adequate notice of all board meetings, which must 962
specifically identify all agenda items, must be posted 963
conspicuously on the condominium pr operty at least 48 continuous 964
hours before the meeting except in an emergency. If 20 percent 965
of the voting interests petition the board to address an item of 966
business, the board, within 60 days after receipt of the 967
petition, shall place the item on the age nda at its next regular 968
board meeting or at a special meeting called for that purpose. 969
An item not included on the notice may be taken up on an 970
emergency basis by a vote of at least a majority plus one of the 971
board members. Such emergency action must be no ticed and 972
ratified at the next regular board meeting. Written notice of a 973
meeting at which a nonemergency special assessment or an 974
amendment to rules regarding unit use will be considered must be 975
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mailed, delivered, or electronically transmitted to the unit 976
owners and posted conspicuously on the condominium property at 977
least 14 days before the meeting. Evidence of compliance with 978
this 14-day notice requirement must be made by an affidavit 979
executed by the person providing the notice and filed with the 980
official records of the association. 981
2. Upon notice to the unit owners, the board shall, by 982
duly adopted rule, designate a specific location on the 983
condominium property at which all notices of board meetings must 984
be posted. If there is no condominium property a t which notices 985
can be posted, notices shall be mailed, delivered, or 986
electronically transmitted to each unit owner at least 14 days 987
before the meeting. In lieu of or in addition to the physical 988
posting of the notice on the condominium property, the 989
association may, by reasonable rule, adopt a procedure for 990
conspicuously posting and repeatedly broadcasting the notice and 991
the agenda on a closed -circuit cable television system serving 992
the condominium association. However, if broadcast notice is 993
used in lieu of a notice physically posted on condominium 994
property, the notice and agenda must be broadcast at least four 995
times every broadcast hour of each day that a posted notice is 996
otherwise required under this section. If broadcast notice is 997
provided, the notice an d agenda must be broadcast in a manner 998
and for a sufficient continuous length of time so as to allow an 999
average reader to observe the notice and read and comprehend the 1000
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entire content of the notice and the agenda. In addition to any 1001
of the authorized means of providing notice of a meeting of the 1002
board, the association may, by rule, adopt a procedure for 1003
conspicuously posting the meeting notice and the agenda on a 1004
website serving the condominium association for at least the 1005
minimum period of time for which a notice of a meeting is also 1006
required to be physically posted on the condominium property. 1007
Any rule adopted shall, in addition to other matters, include a 1008
requirement that the association send an electronic notice in 1009
the same manner as a notice for a meeti ng of the members, which 1010
must include a hyperlink to the website at which the notice is 1011
posted, to unit owners whose e -mail addresses are included in 1012
the association's official records. 1013
3. Notice of any meeting in which regular or special 1014
assessments against unit owners are to be considered must 1015
specifically state that assessments will be considered and 1016
provide the estimated cost and description of the purposes for 1017
such assessments. If an agenda item relates to the approval of a 1018
contract for goods or serv ices, a copy of the contract must be 1019
provided with the notice and be made available for inspection 1020
and copying upon a written request from a unit owner or made 1021
available on the association's website or through an application 1022
that can be downloaded on a mob ile device. 1023
4. Meetings of a committee to take final action on behalf 1024
of the board or make recommendations to the board regarding the 1025
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association budget are subject to this paragraph. Meetings of a 1026
committee that does not take final action on behalf of t he board 1027
or make recommendations to the board regarding the association 1028
budget are subject to this section, unless those meetings are 1029
exempted from this section by the bylaws of the association. 1030
5. Notwithstanding any other law, the requirement that 1031
board meetings and committee meetings be open to the unit owners 1032
does not apply to: 1033
a. Meetings between the board or a committee and the 1034
association's attorney, with respect to proposed or pending 1035
litigation, if the meeting is held for the purpose of seeking or 1036
rendering legal advice; or 1037
b. Board meetings held for the purpose of discussing 1038
personnel matters. 1039
(d) Unit owner meetings. — 1040
1. An annual meeting of the unit owners must be held at 1041
the location provided in the association bylaws and, if the 1042
bylaws are silent as to the location, the meeting must be held 1043
within 45 miles of the condominium property. However, such 1044
distance requirement does not apply to an association governing 1045
a timeshare condominium. 1046
2. Unless the bylaws provide otherwise, a vacanc y on the 1047
board caused by the expiration of a director's term must be 1048
filled by electing a new board member, and the election must be 1049
by secret ballot. An election is not required if the number of 1050
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vacancies equals or exceeds the number of candidates. For 1051
purposes of this paragraph, the term "candidate" means an 1052
eligible person who has timely submitted the written notice, as 1053
described in sub-subparagraph 4.a., of his or her intention to 1054
become a candidate. Except in a timeshare or nonresidential 1055
condominium, or if the staggered term of a board member does not 1056
expire until a later annual meeting, or if all members' terms 1057
would otherwise expire but there are no candidates, the terms of 1058
all board members expire at the annual meeting, and such members 1059
may stand for reelection unless prohibited by the bylaws. Board 1060
members may serve terms longer than 1 year if permitted by the 1061
bylaws or articles of incorporation. A board member may not 1062
serve more than 8 consecutive years unless approved by an 1063
affirmative vote of uni t owners representing two -thirds of all 1064
votes cast in the election or unless there are not enough 1065
eligible candidates to fill the vacancies on the board at the 1066
time of the vacancy. Only board service that occurs on or after 1067
July 1, 2018, may be used when c alculating a board member's term 1068
limit. If the number of board members whose terms expire at the 1069
annual meeting equals or exceeds the number of candidates, the 1070
candidates become members of the board effective upon the 1071
adjournment of the annual meeting. Unl ess the bylaws provide 1072
otherwise, any remaining vacancies shall be filled by the 1073
affirmative vote of the majority of the directors making up the 1074
newly constituted board even if the directors constitute less 1075
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than a quorum or there is only one director. In a residential 1076
condominium association of more than 10 units or in a 1077
residential condominium association that does not include 1078
timeshare units or timeshare interests, co -owners of a unit may 1079
not serve as members of the board of directors at the same time 1080
unless they own more than one unit or unless there are not 1081
enough eligible candidates to fill the vacancies on the board at 1082
the time of the vacancy. A unit owner in a residential 1083
condominium desiring to be a candidate for board membership must 1084
comply with sub-subparagraph 4.a. and must be eligible to be a 1085
candidate to serve on the board of directors at the time of the 1086
deadline for submitting a notice of intent to run in order to 1087
have his or her name listed as a proper candidate on the ballot 1088
or to serve on the board. A person who has been suspended or 1089
removed by the division under this chapter, or who is delinquent 1090
in the payment of any assessment due to the association, is not 1091
eligible to be a candidate for board membership and may not be 1092
listed on the ballot. For purposes of this paragraph, a person 1093
is delinquent if a payment is not made by the due date as 1094
specifically identified in the declaration of condominium, 1095
bylaws, or articles of incorporation. If a due date is not 1096
specifically identified in the declara tion of condominium, 1097
bylaws, or articles of incorporation, the due date is the first 1098
day of the assessment period. A person who has been convicted of 1099
any felony in this state or in a United States District or 1100
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Territorial Court, or who has been convicted of any offense in 1101
another jurisdiction which would be considered a felony if 1102
committed in this state, is not eligible for board membership 1103
unless such felon's civil rights have been restored for at least 1104
5 years as of the date such person seeks election to t he board. 1105
The validity of an action by the board is not affected if it is 1106
later determined that a board member is ineligible for board 1107
membership due to having been convicted of a felony. This 1108
subparagraph does not limit the term of a member of the board o f 1109
a nonresidential or timeshare condominium. 1110
3. The bylaws must provide the method of calling meetings 1111
of unit owners, including annual meetings. Written notice of an 1112
annual meeting must include an agenda; be mailed, hand 1113
delivered, or electronically tra nsmitted to each unit owner at 1114
least 14 days before the annual meeting; and be posted in a 1115
conspicuous place on the condominium property or association 1116
property at least 14 continuous days before the annual meeting. 1117
Written notice of a meeting other than a n annual meeting must 1118
include an agenda; be mailed, hand delivered, or electronically 1119
transmitted to each unit owner; and be posted in a conspicuous 1120
place on the condominium property or association property within 1121
the timeframe specified in the bylaws. If the bylaws do not 1122
specify a timeframe for written notice of a meeting other than 1123
an annual meeting, notice must be provided at least 14 1124
continuous days before the meeting. Upon notice to the unit 1125
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owners, the board shall, by duly adopted rule, designate a 1126
specific location on the condominium property or association 1127
property at which all notices of unit owner meetings must be 1128
posted. This requirement does not apply if there is no 1129
condominium property for posting notices. In lieu of, or in 1130
addition to, the phy sical posting of meeting notices, the 1131
association may, by reasonable rule, adopt a procedure for 1132
conspicuously posting and repeatedly broadcasting the notice and 1133
the agenda on a closed -circuit cable television system serving 1134
the condominium association. Ho wever, if broadcast notice is 1135
used in lieu of a notice posted physically on the condominium 1136
property, the notice and agenda must be broadcast at least four 1137
times every broadcast hour of each day that a posted notice is 1138
otherwise required under this section . If broadcast notice is 1139
provided, the notice and agenda must be broadcast in a manner 1140
and for a sufficient continuous length of time so as to allow an 1141
average reader to observe the notice and read and comprehend the 1142
entire content of the notice and the ag enda. In addition to any 1143
of the authorized means of providing notice of a meeting of the 1144
board, the association may, by rule, adopt a procedure for 1145
conspicuously posting the meeting notice and the agenda on a 1146
website serving the condominium association for at least the 1147
minimum period of time for which a notice of a meeting is also 1148
required to be physically posted on the condominium property. 1149
Any rule adopted shall, in addition to other matters, include a 1150
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requirement that the association send an electronic n otice in 1151
the same manner as a notice for a meeting of the members, which 1152
must include a hyperlink to the website at which the notice is 1153
posted, to unit owners whose e -mail addresses are included in 1154
the association's official records. Unless a unit owner wa ives 1155
in writing the right to receive notice of the annual meeting, 1156
such notice must be hand delivered, mailed, or electronically 1157
transmitted to each unit owner. Notice for meetings and notice 1158
for all other purposes must be mailed to each unit owner at the 1159
address last furnished to the association by the unit owner, or 1160
hand delivered to each unit owner. However, if a unit is owned 1161
by more than one person, the association must provide notice to 1162
the address that the developer identifies for that purpose and 1163
thereafter as one or more of the owners of the unit advise the 1164
association in writing, or if no address is given or the owners 1165
of the unit do not agree, to the address provided on the deed of 1166
record. An officer of the association, or the manager or other 1167
person providing notice of the association meeting, must provide 1168
an affidavit or United States Postal Service certificate of 1169
mailing, to be included in the official records of the 1170
association affirming that the notice was mailed or hand 1171
delivered in accordanc e with this provision. 1172
4. The members of the board of a residential condominium 1173
shall be elected by written ballot or voting machine. Proxies 1174
may not be used in electing the board in general elections or 1175
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elections to fill vacancies caused by recall, resi gnation, or 1176
otherwise, unless otherwise provided in this chapter. This 1177
subparagraph does not apply to an association governing a 1178
timeshare condominium. 1179
a. At least 60 days before a scheduled election, the 1180
association shall mail, deliver, or electronicall y transmit, by 1181
separate association mailing or included in another association 1182
mailing, delivery, or transmission, including regularly 1183
published newsletters, to each unit owner entitled to a vote, a 1184
first notice of the date of the election. A unit owner or other 1185
eligible person desiring to be a candidate for the board must 1186
give written notice of his or her intent to be a candidate to 1187
the association at least 40 days before a scheduled election. 1188
Together with the written notice and agenda as set forth in 1189
subparagraph 3., the association shall mail, deliver, or 1190
electronically transmit a second notice of the election to all 1191
unit owners entitled to vote, together with a ballot that lists 1192
all candidates not less than 14 days or more than 34 days before 1193
the date of the election. Upon request of a candidate, an 1194
information sheet, no larger than 8 1/2 inches by 11 inches, 1195
which must be furnished by the candidate at least 35 days before 1196
the election, must be included with the mailing, delivery, or 1197
transmission of the ballot, with the costs of mailing, delivery, 1198
or electronic transmission and copying to be borne by the 1199
association. The association is not liable for the contents of 1200
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the information sheets prepared by the candidates. In order to 1201
reduce costs, the associat ion may print or duplicate the 1202
information sheets on both sides of the paper. The division 1203
shall by rule establish voting procedures consistent with this 1204
sub-subparagraph, including rules establishing procedures for 1205
giving notice by electronic transmission and rules providing for 1206
the secrecy of ballots. Elections shall be decided by a 1207
plurality of ballots cast. There is no quorum requirement; 1208
however, at least 20 percent of the eligible voters must cast a 1209
ballot in order to have a valid election. A unit own er may not 1210
authorize any other person to vote his or her ballot, and any 1211
ballots improperly cast are invalid. A unit owner who violates 1212
this provision may be fined by the association in accordance 1213
with s. 718.303. A unit owner who needs assistance in casti ng 1214
the ballot for the reasons stated in s. 101.051 may obtain such 1215
assistance. The regular election must occur on the date of the 1216
annual meeting. Notwithstanding this sub -subparagraph, an 1217
election is not required unless more candidates file notices of 1218
intent to run or are nominated than board vacancies exist. 1219
b. A director of a board of an association of a 1220
residential condominium shall: 1221
(I) Certify in writing to the secretary of the association 1222
that he or she has read the association's declaration of 1223
condominium, articles of incorporation, bylaws, and current 1224
written policies; that he or she will work to uphold such 1225
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documents and policies to the best of his or her ability; and 1226
that he or she will faithfully discharge his or her fiduciary 1227
responsibility to the association's members. 1228
(II) Submit to the secretary of the association a 1229
certificate of having satisfactorily completed the educational 1230
curriculum administered by the division or a division -approved 1231
condominium education provider. The educational c urriculum must 1232
be at least 4 hours long and include instruction on milestone 1233
inspections, structural integrity reserve studies, elections, 1234
recordkeeping, financial literacy and transparency, levying of 1235
fines, and notice and meeting requirements. 1236
1237
Each newly elected or appointed director must submit to the 1238
secretary of the association the written certification and 1239
educational certificate within 1 year before being elected or 1240
appointed or 90 days after the date of election or appointment. 1241
A director of an ass ociation of a residential condominium who 1242
was elected or appointed before July 1, 2024, must comply with 1243
the written certification and educational certificate 1244
requirements in this sub -subparagraph by June 30, 2025. The 1245
written certification and educational certificate is valid for 7 1246
years after the date of issuance and does not have to be 1247
resubmitted as long as the director serves on the board without 1248
interruption during the 7 -year period. A director who is 1249
appointed by the developer may satisfy the educati onal 1250
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certificate requirement in sub -sub-subparagraph (II) for any 1251
subsequent appointment to a board by a developer within 7 years 1252
after the date of issuance of the most recent educational 1253
certificate, including any interruption of service on a board or 1254
appointment to a board in another association within that 7 -year 1255
period. One year after submission of the most recent written 1256
certification and educational certificate, and annually 1257
thereafter, a director of an association of a residential 1258
condominium must submit to the secretary of the association a 1259
certificate of having satisfactorily completed at least 1 hour 1260
of continuing education administered by the division, or a 1261
division-approved condominium education provider, relating to 1262
any recent changes to this ch apter and the related 1263
administrative rules during the past year. A director of an 1264
association of a residential condominium who fails to timely 1265
file the written certification and educational certificate is 1266
suspended from service on the board until he or she complies 1267
with this sub-subparagraph. The board may temporarily fill the 1268
vacancy during the period of suspension. The secretary shall 1269
cause the association to retain a director's written 1270
certification and educational certificate for inspection by the 1271
members for 7 years after a director's election or the duration 1272
of the director's uninterrupted tenure, whichever is longer. 1273
Failure to have such written certification and educational 1274
certificate on file does not affect the validity of any board 1275
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action. 1276
c. Any challenge to the election process must be commenced 1277
within 60 days after the election results are announced. 1278
5. Any approval by unit owners called for by this chapter 1279
or the applicable declaration or bylaws, including, but not 1280
limited to, the approval requirement in s. 718.111(8), must be 1281
made at a duly noticed meeting of unit owners and is subject to 1282
all requirements of this chapter or the applicable condominium 1283
documents relating to unit owner decisionmaking, except that 1284
unit owners may take action by written agreement, without 1285
meetings, on matters for which action by written agreement 1286
without meetings is expressly allowed by the applicable bylaws 1287
or declaration or any law that provides for such action. 1288
6. Unit owners may waive notice of specific mee tings if 1289
allowed by the applicable bylaws or declaration or any law. 1290
Notice of meetings of the board of administration; unit owner 1291
meetings, except unit owner meetings called to recall board 1292
members under paragraph (l); and committee meetings may be given 1293
by electronic transmission to unit owners who consent to receive 1294
notice by electronic transmission. A unit owner who consents to 1295
receiving notices by electronic transmission is solely 1296
responsible for removing or bypassing filters that block receipt 1297
of mass e-mails sent to members on behalf of the association in 1298
the course of giving electronic notices. 1299
7. Unit owners have the right to participate in meetings 1300
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of unit owners with reference to all designated agenda items. 1301
However, the association may adopt re asonable rules governing 1302
the frequency, duration, and manner of unit owner participation. 1303
8. A unit owner may tape record or videotape a meeting of 1304
the unit owners subject to reasonable rules adopted by the 1305
division. 1306
9. Unless otherwise provided in the bylaws, any vacancy 1307
occurring on the board before the expiration of a term may be 1308
filled by the affirmative vote of the majority of the remaining 1309
directors, even if the remaining directors constitute less than 1310
a quorum, or by the sole remaining director. In the alternative, 1311
a board may hold an election to fill the vacancy, in which case 1312
the election procedures must conform to sub -subparagraph 4.a. 1313
unless the association governs 10 units or fewer and has opted 1314
out of the statutory election process, in which case the bylaws 1315
of the association control. Unless otherwise provided in the 1316
bylaws, a board member appointed or elected under this section 1317
shall fill the vacancy for the unexpired term of the seat being 1318
filled. Filling vacancies created by recall is gove rned by 1319
paragraph (l) and rules adopted by the division. 1320
10. This chapter does not limit the use of general or 1321
limited proxies, require the use of general or limited proxies, 1322
or require the use of a written ballot or voting machine for any 1323
agenda item or election at any meeting of a timeshare 1324
condominium association or nonresidential condominium 1325
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association. 1326
1327
Notwithstanding subparagraph (b)2. and sub -subparagraph 4.a., an 1328
association of 10 or fewer units may, by affirmative vote of a 1329
majority of the tota l voting interests, provide for different 1330
voting and election procedures in its bylaws, which may be by a 1331
proxy specifically delineating the different voting and election 1332
procedures. The different voting and election procedures may 1333
provide for elections to be conducted by limited or general 1334
proxy. Notwithstanding sub-subparagraph 4.a., an association 1335
operating a nonresidential condominium may provide for different 1336
voting and election procedures in its bylaws, or by an amendment 1337
to its bylaws, which may incl ude alternative notice requirements 1338
and voting by limited or general proxy. 1339
(f) Annual budget.— 1340
1. The proposed annual budget of estimated revenues and 1341
expenses must be detailed and must show the amounts budgeted by 1342
accounts and expense classifications, including, at a minimum, 1343
any applicable expenses listed in s. 718.504(21). The board 1344
shall adopt the annual budget at least 14 days before the start 1345
of the association's fiscal year. In the event that the board 1346
fails to timely adopt the annual budget a second time, it is 1347
deemed a minor violation and the prior year's budget shall 1348
continue in effect unt il a new budget is adopted. A 1349
multicondominium association must adopt a separate budget of 1350
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common expenses for each condominium the association operates 1351
and must adopt a separate budget of common expenses for the 1352
association. In addition, if the associatio n maintains limited 1353
common elements with the cost to be shared only by those 1354
entitled to use the limited common elements as provided for in 1355
s. 718.113(1), the budget or a schedule attached to it must show 1356
the amount budgeted for this maintenance. If, after turnover of 1357
control of the association to the unit owners, any of the 1358
expenses listed in s. 718.504(21) are not applicable, they do 1359
not need to be listed. 1360
2.a. In addition to annual operating expenses, the budget 1361
must include reserve accounts for capita l expenditures and 1362
deferred maintenance. These accounts must include, but are not 1363
limited to, roof replacement, building painting, and pavement 1364
resurfacing, regardless of the amount of deferred maintenance 1365
expense or replacement cost, and any other item th at has a 1366
deferred maintenance expense or replacement cost that exceeds 1367
$10,000. The amount to be reserved must be computed using a 1368
formula based upon estimated remaining useful life and estimated 1369
replacement cost or deferred maintenance expense of the rese rve 1370
item. In a budget adopted by an association that is required to 1371
obtain a structural integrity reserve study, reserves must be 1372
maintained for the items identified in paragraph (g) for which 1373
the association is responsible pursuant to the declaration of 1374
condominium, and the reserve amount for such items must be based 1375
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on the findings and recommendations of the association's most 1376
recent structural integrity reserve study. With respect to items 1377
for which an estimate of useful life is not readily 1378
ascertainable or with an estimated remaining useful life of 1379
greater than 25 years, an association is not required to reserve 1380
replacement costs for such items, but an association must 1381
reserve the amount of deferred maintenance expense, if any, 1382
which is recommended by th e structural integrity reserve study 1383
for such items. The association may adjust replacement reserve 1384
assessments annually to take into account an inflation 1385
adjustment and any changes in estimates or extension of the 1386
useful life of a reserve item caused by d eferred maintenance. 1387
The members of a unit -owner-controlled association may 1388
determine, by a majority vote of the total voting interests of 1389
the association, to provide no reserves or less reserves than 1390
required by this subsection. For a budget adopted on or after 1391
December 31, 2024, the members of a unit -owner-controlled 1392
association that must obtain a structural integrity reserve 1393
study may not determine to provide no reserves or less reserves 1394
than required by this subsection for items listed in paragraph 1395
(g), except that members of an association operating a 1396
multicondominium may determine to provide no reserves or less 1397
reserves than required by this subsection if an alternative 1398
funding method has been approved by the division. If the local 1399
building official, a s defined in s. 468.603, determines that the 1400
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entire condominium building is uninhabitable due to a natural 1401
emergency, as defined in s. 252.34, the board , upon the approval 1402
of a majority of its members, may pause the contribution to its 1403
reserves or reduce r eserve funding until the local building 1404
official determines that the condominium building is habitable. 1405
Any reserve account funds held by the association may be 1406
expended, pursuant to the board's determination, to make the 1407
condominium building and its struc tures habitable. Upon the 1408
determination by the local building official that the 1409
condominium building is habitable, the association must 1410
immediately resume contributing funds to its reserves. 1411
b. Before turnover of control of an association by a 1412
developer to unit owners other than a developer under s. 1413
718.301, the developer -controlled association may not vote to 1414
waive the reserves or reduce funding of the reserves. If a 1415
meeting of the unit owners has been called to determine whether 1416
to waive or reduce the f unding of reserves and no such result is 1417
achieved or a quorum is not attained, the reserves included in 1418
the budget shall go into effect. After the turnover, the 1419
developer may vote its voting interest to waive or reduce the 1420
funding of reserves. 1421
c. For an annual budget adopted on or before December 31, 1422
2027, the members of a unit -owner-controlled association may 1423
approve, by a majority vote of the total voting interests of the 1424
association, the provision of a secured line of credit for up to 1425
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35 percent of the amount of the reserves required to meet the 1426
reserve funding schedule recommended by a structural integrity 1427
reserve study with respect to items with an estimated remaining 1428
useful life of greater than 10 years. 1429
3. Reserve funds and any interest accruing t hereon shall 1430
remain in the reserve account or accounts, and may be used only 1431
for authorized reserve expenditures unless their use for other 1432
purposes is approved in advance by a majority vote of all the 1433
total voting interests of the association. Before turn over of 1434
control of an association by a developer to unit owners other 1435
than the developer pursuant to s. 718.301, the developer -1436
controlled association may not vote to use reserves for purposes 1437
other than those for which they were intended. For a budget 1438
adopted on or after December 31, 2024, members of a unit -owner-1439
controlled association that must obtain a structural integrity 1440
reserve study may not vote to use reserve funds, or any interest 1441
accruing thereon, for any other purpose other than the 1442
replacement or deferred maintenance costs of the components 1443
listed in paragraph (g). 1444
4. The only voting interests that are eligible to vote on 1445
questions that involve waiving or reducing the funding of 1446
reserves, or using existing reserve funds for purposes other 1447
than purposes for which the reserves were intended, are the 1448
voting interests of the units subject to assessment to fund the 1449
reserves in question. Proxy questions relating to waiving or 1450
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reducing the funding of reserves or using existing reserve funds 1451
for purposes other than purposes for which the reserves were 1452
intended must contain the following statement in capitalized, 1453
bold letters in a font size larger than any other used on the 1454
face of the proxy ballot: WAIVING OF RESERVES, IN WHOLE OR IN 1455
PART, OR ALLOWING ALT ERNATIVE USES OF EXISTING RESERVES MAY 1456
RESULT IN UNIT OWNER LIABILITY FOR PAYMENT OF UNANTICIPATED 1457
SPECIAL ASSESSMENTS REGARDING THOSE ITEMS. 1458
5. An association's reserve accounts may be pooled for two 1459
or more required components. Reserve funding for comp onents 1460
listed in paragraph (g) may only be pooled with other components 1461
listed in paragraph (g). The reserve funding indicated in the 1462
proposed annual budget must be sufficient to ensure that 1463
available funds meet or exceed projected expenses for all 1464
components in the reserve pool based on the most recent 1465
structural integrity reserve study. 1466
(g) Structural integrity reserve study. — 1467
1. A residential condominium association must have a 1468
structural integrity reserve study completed at least every 10 1469
years after the condominium's creation for each building on the 1470
condominium property that is three stories or higher in height, 1471
as determined by the Florida Building Code, which includes, at a 1472
minimum, a study of the following items as related to the 1473
structural integrity and safety of the building: 1474
a. Roof. 1475
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b. Structure, including load -bearing walls and other 1476
primary structural members and primary structural systems as 1477
those terms are defined in s. 627.706. 1478
c. Fireproofing and fire protection systems. 1479
d. Plumbing. 1480
e. Electrical systems. 1481
f. Waterproofing and exterior painting. 1482
g. Windows and exterior doors. 1483
h. Any other item that has a deferred maintenance expense 1484
or replacement cost that exceeds $10,000 and the failure to 1485
replace or maintain such item negatively affects the items 1486
listed in sub-subparagraphs a.-g., as determined by the visual 1487
inspection portion of the structural integrity reserve study. 1488
2. A structural integrity reserve study is based on a 1489
visual inspection of the condominium property. A structural 1490
integrity reserve study may be performed by any person qualified 1491
to perform such study. However, the visual inspection portion of 1492
the structural integrity reserve study must be performed or 1493
verified by an engineer licensed under chapter 471, an architect 1494
licensed under chapter 481, or a person certified as a reserve 1495
specialist or professional reserve analyst by the Community 1496
Associations Institute or the Association of Professional 1497
Reserve Analysts. It is a conflict of interest for any person 1498
who performs a structural integrity reserve study or a milestone 1499
inspection under s. 553.899 to provide or contract to provide 1500
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services for the repair or replacement of the condominium 1501
property that was the subject of such structural integrity 1502
reserve study or milestone inspection, or to have a financial 1503
interest with the person or entity providing the repair or 1504
replacement services. 1505
3. At a minimum, a structural integrity reserve study must 1506
identify each item of the condominium property being visually 1507
inspected, state the estimated remaining useful life and the 1508
estimated replacement cost or deferred maintenance expense of 1509
each item of the condominium property being visually inspected, 1510
and provide a reserve funding schedule with a recommended annual 1511
reserve amount that achieves the estimated replacement cost or 1512
deferred maintenance expense of each item of condominium 1513
property being visually inspected by the end of the estimated 1514
remaining useful life of the item. The structural integrity 1515
reserve study may re commend that reserves do not need to be 1516
maintained for any item for which an estimate of useful life and 1517
an estimate of replacement cost cannot be determined, or the 1518
study may recommend a deferred maintenance expense amount for 1519
such item. The structural in tegrity reserve study may recommend 1520
that reserves for replacement costs do not need to be maintained 1521
for any item with an estimated remaining useful life of greater 1522
than 25 years, but the study may recommend a deferred 1523
maintenance expense amount for such i tem. 1524
4. This paragraph does not apply to buildings less than 1525
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three stories in height; single -family, two-family, or three-1526
family, or four-family dwellings with three or fewer habitable 1527
stories above ground; any portion or component of a building 1528
that has not been submitted to the condominium form of 1529
ownership; or any portion or component of a building that is 1530
maintained by a party other than the a ssociation. 1531
5. Before a developer turns over control of an association 1532
to unit owners other than the developer, the developer must have 1533
a turnover inspection report in compliance with s. 718.301(4)(p) 1534
and (q) for each building on the condominium property that is 1535
three stories or higher in height. 1536
6. Associations existing on or before July 1, 2022, which 1537
are controlled by unit owners other than the developer, must 1538
have a structural integrity reserve study completed by December 1539
31, 2024, for each building on the condominium property that is 1540
three stories or higher in height. An association that is 1541
required to complete a milestone inspection in accordance with 1542
s. 553.899 on or before December 31, 2026, may complete the 1543
structural integrity reserve study sim ultaneously with the 1544
milestone inspection. In no event may the structural integrity 1545
reserve study be completed after December 31, 2026. 1546
7. If the milestone inspection required by s. 553.899, or 1547
an inspection completed for a similar local requirement, was 1548
performed within the past 5 years and meets the requirements of 1549
this paragraph, such inspection may be used in place of the 1550
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visual inspection portion of the structural integrity reserve 1551
study. 1552
8. If the officers or directors of an association 1553
willfully and knowingly fail to complete a structural integrity 1554
reserve study pursuant to this paragraph, such failure is a 1555
breach of an officer's and director's fiduciary relationship to 1556
the unit owners under s. 718.111(1). 1557
9. Within 45 days after receiving the s tructural integrity 1558
reserve study, the association must distribute a copy of the 1559
study to each unit owner or deliver to each unit owner a notice 1560
that the completed study is available for inspection and copying 1561
upon a written request. Distribution of a copy of the study or 1562
notice must be made by United States mail or personal delivery 1563
to the mailing address, property address, or any other address 1564
of the owner provided to fulfill the association's notice 1565
requirements under this chapter, or by electronic trans mission 1566
to the e-mail address or facsimile number provided to fulfill 1567
the association's notice requirements to unit owners who 1568
previously consented to receive notice by electronic 1569
transmission. 1570
10. Within 45 days after receiving the structural 1571
integrity reserve study, the association must provide the 1572
division with a statement indicating that the study was 1573
completed and that the association provided or made available 1574
such study to each unit owner in accordance with this section. 1575
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The statement must be provi ded to the division in the manner 1576
established by the division using a form posted on the 1577
division's website. 1578
11. By October 1, 2025, the Department of Business and 1579
Professional Regulation shall initiate rulemaking to establish 1580
criteria for determining th e estimated useful life of the 1581
building components identified in subparagraph 1. 1582
(l) Recall of board members. —Subject to s. 718.301, any 1583
member of the board of administration may be recalled and 1584
removed from office with or without cause by the vote or 1585
agreement in writing by a majority of all the voting interests. 1586
A voting interest of the condominium may not be suspended when 1587
voting to recall a member of the board of administration and any 1588
prior suspension of voting rights pursuant to s. 718.303(5) 1589
shall have no effect on a recall vote A special meeting of the 1590
unit owners to recall a member or members of the board of 1591
administration may be called by 10 percent of the voting 1592
interests giving notice of the meeting as required for a meeting 1593
of unit owners, and the notice shall state the purpose of the 1594
meeting. Electronic transmission may not be used as a method of 1595
giving notice of a meeting called in whole or in part for this 1596
purpose. 1597
1. If the recall is approved by a majority of all voting 1598
interests by a vote at a meeting, the recall will be effective 1599
as provided in this paragraph. The board shall duly notice and 1600
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hold a board meeting within 5 full business days after the 1601
adjournment of the unit owner meeting to recall one or more 1602
board members. Such member or members shall be recalled 1603
effective immediately upon conclusion of the board meeting, 1604
provided that the recall is facially valid. A recalled member 1605
must turn over to the board, within 10 full business days after 1606
the vote, any and all records and property of the association in 1607
their possession. 1608
1.2. If The proposed recall is by an agreement in writing 1609
by a majority of all voting interests, the agreement in writing 1610
or a copy thereof must shall be served on the association by 1611
registered certified mail or by personal service in the manner 1612
authorized by chapter 48 and the Florida Rules of Civil 1613
Procedure. Methods of service that are not authorized by chapter 1614
48 and the Florida Rules of Civil Procedure are invalid and any 1615
service that does not comply with this paragraph is void. The 1616
board of administration shall duly notice and hold a meeting of 1617
the board within 5 full business days after receipt of the 1618
agreement by valid service as authorized under this paragraph in 1619
writing. Such member or members must shall be recalled effective 1620
immediately upon the conclusion of the board meeting, provided 1621
that the recall is facially valid and the agreement was validly 1622
served. A recalled member must turn over to the board, within 10 1623
full business days, any and all records and property of the 1624
association in his or her their possession. 1625
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2. Rejection of a unit owner's recall agreement under this 1626
section applies when the recall agreement: 1627
a. Was improperly served; 1628
b. Was executed by a person who was not a unit's record 1629
owner or designated voter; 1630
c. Was previously marked for the removal of any board 1631
member; 1632
d. Does not contain any markings that indicate the 1633
selection by a unit owner to either remove or retain a board 1634
member; or 1635
e. Does not contain the signature of the uni t owner. 1636
3. There is a rebuttable presumption that a unit owner 1637
executing the recall agreement is the designated voter for the 1638
unit. An association may not enforce a voting certificate 1639
requirement if the association has not enforced such requirement 1640
in all matters requiring the use of voting certificates in the 1641
year immediately preceding service of the recall agreement. 1642
4. A rescission or revocation of a unit owner's recall 1643
agreement must be in writing and delivered to the association 1644
before the association is served with the written recall 1645
agreement. This subparagraph must be liberally construed to 1646
ensure a unit owner is not disenfranchised by an association in 1647
a recall and to prevent an association from failing to certify a 1648
recall agreement on a techni cal omission which is not a part in 1649
the discharge of the unit owner's voting rights. 1650
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5.3. If the board fails to duly notice and hold a board 1651
meeting within 5 full business days after service of an 1652
agreement in writing or within 5 full business days after the 1653
adjournment of the unit owner recall meeting, the recall is 1654
deemed effective and the board members so recalled shall turn 1655
over to the board within 10 full business days after the vote 1656
any and all records and property of the association. 1657
6.4. If the board fails to duly notice and hold the 1658
required meeting or at the conclusion of the meeting determines 1659
that the recall is not facially valid, the unit owner 1660
representative may file a petition or circuit court action under 1661
s. 718.1255 challenging the board 's failure to act or 1662
challenging the board's determination on facial validity. The 1663
petition or action must be filed within 45 60 days after the 1664
expiration of the applicable 5 -full-business-day period. The 1665
review of a petition or action under this subparagr aph is 1666
limited to the sufficiency of service on the board and the 1667
facial validity of the written agreement or ballots filed. The 1668
association must be named as the respondent. 1669
7.5. If a vacancy occurs on the board as a result of a 1670
recall or removal and les s than a majority of the board members 1671
are removed, the vacancy may be filled by the affirmative vote 1672
of a majority of the remaining directors, notwithstanding any 1673
provision to the contrary contained in this subsection. If 1674
vacancies occur on the board as a result of a recall and a 1675
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majority or more of the board members are removed, the vacancies 1676
must shall be filled in accordance with procedural rules to be 1677
adopted by the division, which rules need not be consistent with 1678
this subsection. The rules must provi de procedures governing the 1679
conduct of the recall election as well as the operation of the 1680
association during the period after a recall but before the 1681
recall election. 1682
8.6. A board member who has been recalled may file a 1683
petition or court action under s. 718.1255 challenging the 1684
validity of the recall. The petition or action must be filed 1685
within 45 60 days after the recall. The association and the unit 1686
owner representative must shall be named as the respondents. The 1687
petition or action may challenge the facial validity of the 1688
written agreement or ballots filed or the substantial compliance 1689
with the procedural requirements for the recall. If the 1690
arbitrator or court determines the recall was invalid, the 1691
petitioning board member must shall immediately be reinstated 1692
and the recall is null and void. A board member who is 1693
successful in challenging a recall is entitled to recover 1694
reasonable attorney fees and costs from the responden ts. The 1695
arbitrator or court may award reasonable attorney fees and costs 1696
to the respondents if they prevail, if the arbitrator or court 1697
makes a finding that the petitioner's claim is frivolous. 1698
9.7. The division or a court of competent jurisdiction may 1699
not accept for filing a recall petition or court action, whether 1700
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filed under subparagraph 1., subparagraph 2., subparagraph 4., 1701
or subparagraph 6., or subparagraph 8., when there are 45 60 or 1702
fewer days until the scheduled reelection of the board member 1703
sought to be recalled or when 45 60 or fewer days have elapsed 1704
since the election of the board member sought to be recalled. 1705
(m) Alternative dispute resolution. —There must be a 1706
provision for alternative dispute resolution as provided for in 1707
s. 718.1255 for any residential condominium. 1708
(p) Director or officer delinquencies. —A director or 1709
officer more than 90 days delinquent in the payment of any 1710
monetary obligation due the association is shall be deemed to 1711
have abandoned the office, creating a vacancy in th e office to 1712
be filled according to law. For the purpose of this paragraph, a 1713
director or an officer is delinquent if a payment is not made by 1714
the due date as specifically identified in the declarations, 1715
bylaws, or articles of incorporation. If a due date i s not 1716
specifically identified in the declaration, bylaws, or articles 1717
of incorporation, the due date is the first day of the 1718
assessment period. 1719
Section 6. Paragraphs (d) and (e) of subsection (5) of 1720
section 718.113, Florida Statutes, are amended to rea d: 1721
718.113 Maintenance; limitation upon improvement; display 1722
of flag; hurricane protection; display of religious 1723
decorations.— 1724
(5) To protect the health, safety, and welfare of the 1725
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people of the state and to ensure uniformity and consistency in 1726
the hurricane protections installed by condominium associations 1727
and unit owners, this subsection applies to all residential and 1728
mixed-use condominiums in the state, regardless of when the 1729
condominium is created pursuant to the declaration of 1730
condominium. Each boa rd of administration of a residential 1731
condominium or mixed -use condominium must adopt hurricane 1732
protection specifications for each building within each 1733
condominium operated by the association which may include color, 1734
style, and other factors deemed relevan t by the board. All 1735
specifications adopted by the board must comply with the 1736
applicable building code. The installation, maintenance, repair, 1737
replacement, and operation of hurricane protection in accordance 1738
with this subsection is not considered a material alteration or 1739
substantial addition to the common elements or association 1740
property within the meaning of this section. 1741
(d) Unless otherwise provided in the declaration as 1742
originally recorded, or as amended, a unit owner is not 1743
responsible for the cost of any removal or reinstallation of 1744
hurricane protection, including exterior windows, doors, or 1745
other apertures, if its removal is necessary for the 1746
maintenance, repair, or replacement of other condominium 1747
property or association property for which the assoc iation is 1748
responsible. The board shall determine if the removal or 1749
reinstallation of hurricane protection must be completed by the 1750
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unit owner or the association if the declaration as originally 1751
recorded, or as amended, does not specify who is responsible f or 1752
such costs. If such removal or reinstallation is completed by 1753
the association, the costs incurred by the association may not 1754
be charged to the unit owner. If such removal or reinstallation 1755
is completed by the unit owner, the association must reimburse 1756
the unit owner for the cost of the removal or reinstallation or 1757
the association must apply a credit toward future assessments in 1758
the amount of the unit owner's cost to remove or reinstall the 1759
hurricane protection. 1760
(e) If the removal or reinstallation of h urricane 1761
protection, including exterior windows, doors, or other 1762
apertures, is the responsibility of the unit owner and the 1763
association completes such removal or reinstallation and then 1764
charges the unit owner for such removal or reinstallation, such 1765
charges are enforceable as an assessment and may be collected in 1766
the manner provided under s. 718.116. 1767
Section 7. Subsection (10) of section 718.116, Florida 1768
Statutes, is amended to read: 1769
718.116 Assessments; liability; lien and priority; 1770
interest; collection.— 1771
(10)(a) The specific purpose or purposes of any special 1772
assessment, including any contingent special assessment levied 1773
in conjunction with the purchase of an insurance policy 1774
authorized by s. 718.111(11), approved in accordance with the 1775
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condominium documents shall be set forth in a written notice of 1776
such assessment sent or delivered to each unit owner. The funds 1777
collected pursuant to a special assessment shall be used only 1778
for the specific purpose or purposes set forth in such notice. 1779
However, upon completion of such specific purpose or purposes, 1780
any excess funds will be considered common surplus, and may, at 1781
the discretion of the board, either be returned to the unit 1782
owners or applied as a credit toward future assessments. 1783
(b) The Legislature find s that: 1784
1. In some circumstances, the declaration, articles of 1785
incorporation, or bylaws of an association restrict the 1786
authority of the board of administration to levy special 1787
assessments without first obtaining the approval of the 1788
membership, which may preclude an association from obtaining 1789
immediate funding to carry out its obligations to perform 1790
necessary maintenance, repair, or replacement of the condominium 1791
property as required by the milestone inspection report and 1792
structural integrity reserve study report in order to protect 1793
the health and safety of the unit owners and tenants of the 1794
property. 1795
2. It is contrary to the public policy of this state to 1796
limit the ability of an association to obtain the funds needed 1797
to perform necessary maintenance, rep air, or replacement of the 1798
condominium property as required by the milestone inspection 1799
report and structural integrity reserve study report in order to 1800
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protect the unit owners and tenants of the property. 1801
3. Authorizing the board of administration of an 1802
association to meet its fiduciary duty and levy special 1803
assessments to fund necessary maintenance, repair, or 1804
replacement of the condominium property as required by the 1805
milestone inspection report and structural integrity reserve 1806
study report in order to protect the health and safety of the 1807
unit owners and tenants of the property is in the public 1808
interest; that requiring an association to obtain membership 1809
approval endangers the public safety; and that there is a 1810
compelling state interest in enabling the b oard of 1811
administration of an association to levy special assessments to 1812
perform necessary maintenance, repair, or replacement of the 1813
condominium property as required by the milestone inspection 1814
report and structural integrity reserve study report without t he 1815
approval of the membership in order to protect the health and 1816
safety of the unit owners and tenants of the property. 1817
(c) Notwithstanding any provision to the contrary 1818
contained in an association's declaration, articles of 1819
incorporation, or bylaws, the board of administration of an 1820
association may levy special assessments to perform necessary 1821
maintenance, repair, or replacement of the condominium property 1822
as required by the milestone inspection report and structural 1823
integrity reserve study report withou t the approval of the 1824
membership in order to protect the health and safety of the unit 1825
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owners and tenants of the property. 1826
(d) Paragraph (c) applies to all condominiums in existence 1827
on or after July 1, 2025, which are not subject to control of 1828
the developer as defined in s. 718.103 or a bulk assignee or 1829
bulk buyer, as those terms are defined in s. 718.703. 1830
Section 8. Paragraph (a) of subsection (2) and subsections 1831
(3), (4), and (16) of section 718.117, Florida Statutes, are 1832
amended to read: 1833
718.117 Termination of condominium. — 1834
(2) TERMINATION BECAUSE OF ECONOMIC WASTE OR 1835
IMPOSSIBILITY.— 1836
(a) Notwithstanding any provision in the declaration, the 1837
condominium form of ownership of a property may be terminated by 1838
a plan of termination approved by the lesser of the lowest 1839
percentage of voting interests necessary to amend the 1840
declaration or as otherwise provided in the declaration for 1841
approval of termination if: 1842
1. The total estimated cost of construction , replacement, 1843
or repairs necessary to cons truct or replace the intended 1844
improvements or restore the improvements to bring them into 1845
compliance with the most recent version of the Florida Building 1846
Code or to their former condition or bring them into compliance 1847
with applicable laws or regulations , plus the combined estimated 1848
fair market value of the units in the condominium before 1849
commencement of the construction, replacement, or repairs, 1850
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exceeds the combined estimated fair market value of the units in 1851
the condominium after completion of the construc tion, 1852
replacement, or repairs. However, if at least 50 percent of the 1853
total voting interests are owned by a bulk owner, as defined in 1854
paragraph (3)(c), termination of the condominium under this 1855
subsection requires the approval of at least 80 percent of all 1856
the voting interests in the condominium ; or 1857
2. It becomes impossible to operate or reconstruct a 1858
condominium to its prior physical configuration because of land 1859
use laws or regulations. 1860
(3) OPTIONAL TERMINATION. —Subject to this subsection, the 1861
condominium form of ownership may be terminated for all or a 1862
portion of the condominium property pursuant to a plan of 1863
termination meeting the requirements of this section and 1864
approved by the division. Before a residential association 1865
submits a plan to the divisi on, the plan must be approved by at 1866
least 80 percent of the total voting interests in of the 1867
condominium. However, if 5 percent or more of the total voting 1868
interests of the condominium have rejected the plan of 1869
termination by negative vote or by providing written objections, 1870
the plan of termination may not proceed. 1871
(a) The termination of the condominium form of ownership 1872
is subject to the following conditions: 1873
1. The total voting interests of the condominium must 1874
include all voting interests for the pur pose of considering a 1875
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plan of termination. A voting interest of the condominium may 1876
not be suspended for any reason when voting on termination 1877
pursuant to this subsection. 1878
2. If 5 percent or more of the total voting interests of 1879
the condominium have rejected reject a plan of termination by a 1880
negative vote or by providing written objections , the plan of 1881
termination may not proceed and a subsequent plan of termination 1882
under pursuant to this subsection may not be considered for 24 1883
months after the date of th e rejection. 1884
(b) This subsection does not apply to any condominium 1885
created pursuant to Part VI of this chapter until 5 years after 1886
the recording of the declaration of condominium, unless there is 1887
no objection to the plan of termination. 1888
(c) The requirements of this paragraph apply to 1889
residential condominiums. For purposes of this paragraph 1890
subsection, the term "bulk owner" means the single holder of 1891
such voting interests or an owner together with a related entity 1892
or entities that would be considered an insider, as defined in 1893
s. 726.102, holding such voting interests. If the condominium 1894
association is a residential association proposed for 1895
termination pursuant to this section and , at the time of 1896
recording the plan of termination, at least 80 percent of th e 1897
total voting interests of the condominium are owned by a bulk 1898
owner, the plan of termination is subject to the following 1899
conditions and limitations: 1900
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1. If the former condominium units are offered for lease 1901
to the public after the termination, each unit owner in 1902
occupancy immediately before the date of recording of the plan 1903
of termination may lease his or her former unit and remain in 1904
possession of the unit for 12 months after the effective date of 1905
the termination on the same terms as similar unit types within 1906
the property are being offered to the public. In order to obtain 1907
a lease and exercise the right to retain exclusive possession of 1908
the unit owner's former unit, the unit owner must make a written 1909
request to the termination trustee to rent the former unit 1910
within 90 days after the date the plan of termination is 1911
recorded. Any unit owner who fails to timely make such written 1912
request and sign a lease within 15 days after being presented 1913
with a lease is deemed to have waived his or her right to retain 1914
possession of his or her former unit and shall be required to 1915
vacate the former unit upon the effective date of the 1916
termination, unless otherwise provided in the plan of 1917
termination. 1918
2. Any former unit owner whose unit was granted homestead 1919
exemption status by the applicable county property appraiser as 1920
of the date of the recording of the plan of termination shall be 1921
paid a relocation payment in an amount equal to 1 percent of the 1922
termination proceeds allocated to the owner's former unit. Any 1923
relocation payment payable under this subparagraph shall be paid 1924
by the single entity or related entities owning at least 80 1925
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percent of the total voting interests. Such relocation payment 1926
shall be in addition to the termination proceeds for such 1927
owner's former unit and sh all be paid no later than 10 days 1928
after the former unit owner vacates his or her former unit. 1929
3. For their respective units, all unit owners other than 1930
the bulk owner must be compensated at least 100 percent of the 1931
fair market value of their units. The f air market value shall be 1932
determined as of a date that is no earlier than 90 days before 1933
the date that the plan of termination is recorded and shall be 1934
determined by an independent appraiser selected by the 1935
termination trustee. For a person whose unit was granted 1936
homestead exemption status by the applicable county property 1937
appraiser, or was an owner -occupied operating business, as of 1938
the date that the plan of termination is recorded and who is 1939
current in payment of both assessments and other monetary 1940
obligations to the association as of the date the plan of 1941
termination is recorded, the fair market value shall be at least 1942
the original purchase price paid for the unit. For purposes of 1943
this subparagraph, the term "fair market value" means the price 1944
of a unit that a seller is willing to accept and a buyer is 1945
willing to pay on the open market in an arms -length transaction 1946
based on similar units sold in other condominiums, including 1947
units sold in bulk purchases but excluding units sold at 1948
wholesale or distressed pr ices. The purchase price of units 1949
acquired in bulk following a bankruptcy or foreclosure shall not 1950
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be considered for purposes of determining fair market value. 1951
4. The plan of termination must provide for payment of a 1952
first mortgage encumbering a unit to the extent necessary to 1953
satisfy the lien, but the payment may not exceed the unit's 1954
share of the proceeds of termination under the plan. If the unit 1955
owner is current in payment of both assessments and other 1956
monetary obligations to the association and any m ortgage 1957
encumbering the unit as of the date the plan of termination is 1958
recorded, the receipt by the holder of the unit's share of the 1959
proceeds of termination under the plan or the outstanding 1960
balance of the mortgage, whichever is less, shall be deemed to 1961
have satisfied the first mortgage in full. 1962
5. Before a plan of termination is presented to the unit 1963
owners for consideration pursuant to this paragraph, the plan 1964
must include the following written disclosures in a sworn 1965
statement: 1966
a. The identity of any person or entity that owns or 1967
controls 25 percent or more of the units in the condominium and, 1968
if the units are owned by an artificial entity or entities, a 1969
disclosure of the natural person or persons who, directly or 1970
indirectly, manage or control the ent ity or entities and the 1971
natural person or persons who, directly or indirectly, own or 1972
control 10 percent or more of the artificial entity or entities 1973
that constitute the bulk owner. 1974
b. The units acquired by any bulk owner, the date each 1975
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unit was acquired, and the total amount of compensation paid to 1976
each prior unit owner by the bulk owner, regardless of whether 1977
attributed to the purchase price of the unit. 1978
c. The relationship of any board member to the bulk owner 1979
or any person or entity affiliated with the bulk owner subject 1980
to disclosure pursuant to this subparagraph. 1981
d. The factual circumstances that show that the plan 1982
complies with the requirements of this section and that the plan 1983
supports the expressed public policies of this section. 1984
(d) If the members of the board of administration are 1985
elected by the bulk owner, unit owners other than the bulk owner 1986
may elect at least one -third of the members of the board of 1987
administration before the approval of any plan of termination. 1988
(e) Termination must be approved by the division after a 1989
plan of termination receives the requisite approval from the 1990
unit owners. The division shall examine the plan of termination 1991
to determine its procedural sufficiency and, within 45 days 1992
after receipt of the initial filing, the division shall notify 1993
the association by mail of any procedural deficiencies or that 1994
the filing is accepted. If the notice is not given within 45 1995
days after the receipt of the filing, the plan of termination is 1996
presumed to be accepted. If the division determines that the 1997
conditions required by this section have been met and that the 1998
plan complies with the procedural requirements of this section, 1999
the division shall authorize the termination, and the 2000
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termination may proceed pursuant to this section. 2001
(f) Subsection (2) does not apply to optional termination 2002
pursuant to this subsection. 2003
(4) EXEMPTION.—A plan of termination is not an amendment 2004
subject to s. 718.110(4). In a partial termination, a plan of 2005
termination is not an amendment subject to s. 718. 110(4) if the 2006
ownership share of the common elements of a surviving unit in 2007
the condominium remains in the same proportion to the surviving 2008
units as it was before the partial termination. Notwithstanding 2009
any provision in the declaration to the contrary, th e 2010
association may amend the declaration of condominium for the 2011
purpose of incorporating this section by the lesser of the 2012
lowest percentage of voting interests necessary to amend the 2013
declaration or as otherwise provided in the declaration, 2014
whichever is less. 2015
(16) RIGHT TO CONTEST. —A unit owner or lienor may contest 2016
a plan of termination by initiating a petition in accordance 2017
with s. 718.1255 within 90 days after the date the plan is 2018
recorded. A unit owner or lienor may only contest the fairness 2019
and reasonableness of the apportionment of the proceeds from the 2020
sale among the unit owners ;, that the liens of the first 2021
mortgages of unit owners other than the bulk owner have not or 2022
will not be satisfied to the extent required by subsection (3) ; 2023
that the combined estimated fair market value of the units in 2024
the condominium after completion of the construction, 2025
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replacement, or repairs contemplated by subparagraph (2)(a)1. 2026
exceeds the estimated value of the units before the 2027
construction, replacement, or repairs plus the cost of the 2028
construction, replacement, or repairs; , or that the required 2029
vote to approve the plan was not obtained. A unit owner or 2030
lienor who does not contest the plan within the 90 -day period is 2031
barred from asserting or prosecuting a claim against th e 2032
association, the termination trustee, any unit owner, or any 2033
successor in interest to the condominium property. In an action 2034
contesting a plan of termination, the person contesting the plan 2035
has the burden of pleading and proving that the apportionment of 2036
the proceeds from the sale among the unit owners was not fair 2037
and reasonable or that the required vote was not obtained. The 2038
apportionment of sale proceeds is presumed fair and reasonable 2039
if it was determined pursuant to the methods prescribed in 2040
subsection (12). If the petition is filed with the division for 2041
arbitration, the arbitrator shall determine the rights and 2042
interests of the parties in the apportionment of the sale 2043
proceeds. If the arbitrator determines that the apportionment of 2044
sales proceeds is not fair and reasonable, the arbitrator may 2045
void the plan or may modify the plan to apportion the proceeds 2046
in a fair and reasonable manner pursuant to this section based 2047
upon the proceedings and order the modified plan of termination 2048
to be implemented. If the arbitrator determines that the plan 2049
was not properly approved, or that the procedures to adopt the 2050
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plan were not properly followed, the arbitrator may void the 2051
plan or grant other relief it deems just and proper. The 2052
arbitrator shall automatically void the plan upon a finding that 2053
any of the disclosures required in subparagraph (3)(c)5. are 2054
omitted, misleading, incomplete, or inaccurate. Any challenge to 2055
a plan, other than a challenge that the required vote was not 2056
obtained, does not affect title to the condominium property or 2057
the vesting of the condominium property in the trustee, but 2058
shall only be a claim against the proceeds of the plan. In any 2059
such action, the prevailing party shall recover reasonable 2060
attorney fees and costs. 2061
Section 9. Subsectio n (7) of section 718.1255, Florida 2062
Statutes, is renumbered as subsection (9), paragraph (a) of 2063
subsection (4) and subsection (6) are amended, and new 2064
subsections (7) and (8) are added to that section, to read: 2065
718.1255 Alternative dispute resolution; med iation; 2066
nonbinding arbitration; applicability. — 2067
(4) NONBINDING ARBITRATION AND MEDIATION OF DISPUTES. —The 2068
Division of Florida Condominiums, Timeshares, and Mobile Homes 2069
of the Department of Business and Professional Regulation may 2070
employ full-time attorneys to act as arbitrators to conduct the 2071
arbitration hearings provided by this chapter. The division may 2072
also certify attorneys who are not employed by the division to 2073
act as arbitrators to conduct the arbitration hearings provided 2074
by this chapter. A person may not be employed by the department 2075
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as a full-time arbitrator unless he or she is a member in good 2076
standing of The Florida Bar. A person may only be certified by 2077
the division to act as an arbitrator if he or she has been a 2078
member in good standing of The Florida Bar for at least 5 years 2079
and has mediated or arbitrated at least 10 disputes involving 2080
condominiums in this state during the 3 years immediately 2081
preceding the date of application, mediated or arbitrated at 2082
least 30 disputes in any subject area in this state during the 3 2083
years immediately preced ing the date of application, or attained 2084
board certification in real estate law or condominium and 2085
planned development law from The Florida Bar. Arbitrator 2086
certification is valid for 1 year. An arbitrator who does not 2087
maintain the minimum qualifications fo r initial certification 2088
may not have his or her certification renewed. The department 2089
may not enter into a legal services contract for an arbitration 2090
hearing under this chapter with an attorney who is not a 2091
certified arbitrator unless a certified arbitrato r is not 2092
available within 50 miles of the dispute. The department shall 2093
adopt rules of procedure to govern such arbitration hearings 2094
including mediation incident thereto. The decision of an 2095
arbitrator is final; however, a decision is not deemed final 2096
agency action. Nothing in this provision shall be construed to 2097
foreclose parties from proceeding in a trial de novo unless the 2098
parties have agreed that the arbitration is binding. If judicial 2099
proceedings are initiated, the final decision of the arbitrator 2100
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is admissible in evidence in the trial de novo. 2101
(a) Before the institution of court litigation, a party to 2102
a dispute, other than an election or recall dispute, shall 2103
either petition the division for nonbinding arbitration or 2104
initiate presuit mediation as prov ided in subsection (5). In an 2105
election or recall dispute that is arbitrated by the division, 2106
the arbitration decision is binding on the parties unless 2107
removed pursuant to subsection (7). For all other disputes, 2108
arbitration is binding on the parties if all parties in 2109
arbitration agree to be bound in a writing filed in arbitration. 2110
The petition must be accompanied by a filing fee in the amount 2111
of $50. Filing fees collected under this section must be used to 2112
defray the expenses of the alternative dispute resol ution 2113
program. 2114
(6) DISPUTES INVOLVING ELECTION IRREGULARITIES OR RECALL 2115
OF A DIRECTOR.—Every arbitration petition received by the 2116
division and required to be filed under this section challenging 2117
the legality of the election of any director of the board o f 2118
administration or the recall of any director of the board of 2119
administration must be handled on an expedited basis in the 2120
manner provided by the division's rules for recall arbitration 2121
disputes. If a challenge to an election or recall dispute is 2122
filed in circuit court, the challenge must be brought in equity 2123
as a summary proceeding pursuant to s. 51.011. The party filing 2124
the action may request the court to issue a temporary injunction 2125
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to stay an upcoming election while the action is pending. The 2126
court must set an immediate hearing when an action is filed 2127
pursuant to this subsection. The court may limit the time for 2128
taking testimony based on the circumstances of the matter and 2129
the proximity of the date on which a succeeding election is 2130
scheduled, if applicab le. An action filed pursuant to this 2131
subsection must be tried without a jury. The prevailing party in 2132
an action filed pursuant to this subsection shall recover 2133
reasonable attorney fees and costs. 2134
(7) REMOVAL OF ELECTION AND RECALL ARBITRATION ACTIONS. — 2135
(a) A unit owner, a recall representative, or an 2136
association may remove a petition for arbitration for an 2137
election or a recall dispute within 10 days after service of 2138
such petition by filing a notice of removal and complaint in the 2139
circuit court for the c ounty in which the association is 2140
located. The failure to timely file a notice of removal and 2141
complaint bars the parties from seeking a trial de novo or 2142
otherwise filing an action in circuit court and the arbitration 2143
ruling by the division is final and bin ding on the parties. 2144
(b) A notice of removal and complaint, as well as a copy 2145
of all process, pleadings, and orders served in an action, must 2146
be signed pursuant to the Florida Rules of Civil Procedure. The 2147
party that does not seek the removal of the arbi tration decision 2148
does not need to consent to the filing of a notice of removal 2149
and complaint. The party filing the notice of removal and 2150
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complaint must simultaneously serve written notice to all 2151
parties and file a copy of such written notice with the 2152
division, which ceases any further action on the matter. The 2153
party filing the notice of removal and complaint must pay all 2154
applicable filing fees within 5 days after filing the notice of 2155
removal and complaint. An action or counterclaim filed after the 2156
filing of the notice of removal and complaint must be brought in 2157
equity as a summary proceeding pursuant to s. 51.011. The party 2158
filing the action may request the court to issue a temporary 2159
injunction to stay an upcoming election while the action is 2160
pending. The court must set an immediate hearing when an action 2161
is filed pursuant to this paragraph. The court may limit the 2162
time for taking testimony based on the circumstances of the 2163
matter and the proximity of the date on which a succeeding 2164
election is scheduled, if a pplicable. An action filed pursuant 2165
to this paragraph must be tried without a jury. Pursuant to 2166
subsection (8), reasonable attorney fees and costs may be 2167
awarded in disputes brought under this subsection. 2168
(8) ATTORNEY FEES AND COSTS FOR DISPUTES INVOLVIN G A 2169
RECALL OF DIRECTORS. —If the division or a court of this state 2170
renders a judgment or decree against an association and in favor 2171
of the unit owner, the division, trial court, or, in the event 2172
of an appeal in which the unit owner prevails, the appellate 2173
court shall order the association to pay all costs incurred by 2174
the unit owner in the action and the unit owner's reasonable 2175
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attorney fees. The division or court may award such costs and 2176
attorney fees in the judgment or decree rendered in the action 2177
or such costs and attorney fees may be included in a separate 2178
judgment or decree. Costs and attorney fees may not be recovered 2179
in any action involving the recall of directors except as 2180
provided in this subsection or if awarded as a sanction under s. 2181
57.105. 2182
Section 10. Subsection (6) of section 718.128, Florida 2183
Statutes, is renumbered as subsection (8), subsection (4) is 2184
amended, and new subsections (6) and (7) are added to that 2185
section, to read: 2186
718.128 Electronic voting. —The association may conduct 2187
elections and other unit owner votes through an Internet -based 2188
online voting system if a unit owner consents, electronically or 2189
in writing, to online voting and if the following requirements 2190
are met: 2191
(4) This section applies to an association that provides 2192
for and authorizes an online voting system pursuant to this 2193
section by a board resolution. If the board authorizes online 2194
voting, the board must honor a unit owner's request to vote 2195
electronically at all subsequent elections, unless such unit 2196
owner opts out of online voting. The board resolution must 2197
provide that unit owners receive notice of the opportunity to 2198
vote through an online voting system, must establish reasonable 2199
procedures and deadlines for unit owners to consent, 2200
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electronically or in writing, to onl ine voting, and must 2201
establish reasonable procedures and deadlines for unit owners to 2202
opt out of online voting after giving consent. Written notice of 2203
a meeting at which the resolution will be considered must be 2204
mailed, delivered, or electronically transmi tted to the unit 2205
owners and posted conspicuously on the condominium property or 2206
association property at least 14 days before the meeting. 2207
Evidence of compliance with the 14 -day notice requirement must 2208
be made by an affidavit executed by the person providin g the 2209
notice and filed with the official records of the association. 2210
(6) If at least 25 percent of the voting interests of a 2211
condominium petition the board to adopt a resolution for 2212
electronic voting for the next scheduled election, the board 2213
must hold a meeting within 21 days after receipt of the petition 2214
to adopt such resolution. The board must receive the petition 2215
within 180 days after the date of the last scheduled annual 2216
meeting. 2217
(7)(a) Unless the association has adopted electronic 2218
voting in accordance with subsections (1) -(6), the association 2219
must designate an e-mail address for receipt of electronically 2220
transmitted ballots. Electronically transmitted ballots must 2221
meet all the requirements of this subsection. 2222
(b) A unit owner may electronically t ransmit a ballot to 2223
the e-mail address designated by the association without 2224
complying with s. 718.112(2)(d)2. or the rules providing for the 2225
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secrecy of ballots adopted by the division. The association must 2226
count completed ballots that are electronically t ransmitted to 2227
the designated e-mail address, provided the completed ballot 2228
complies with the requirements of this subsection. 2229
(c) A ballot that is electronically transmitted to the 2230
association must include all of the following: 2231
1. A space for the unit owner to type in his or her unit 2232
number. 2233
2. A space for the unit owner to type in his or her first 2234
and last name, which also functions as the signature of the unit 2235
owner for purposes of signing the ballot. 2236
3. The following statement in capitalized lett ers and in a 2237
font size larger than any other font size used in the e -mail 2238
from the association to the unit owner: 2239
2240
WAIVING THE SECRECY OF YOUR BALLOT IS YOUR CHOICE. YOU DO 2241
NOT HAVE TO WAIVE THE SECRECY OF YOUR BALLOT IN ORDER TO 2242
VOTE. BY TRANSMITTING YOUR COMPLETED BALLOT THROUGH E -MAIL 2243
TO THE ASSOCIATION, YOU WAIVE YOUR SECRECY OF YOUR 2244
COMPLETED BALLOT. IF YOU DO NOT WISH TO WAIVE YOUR SECRECY 2245
BUT WISH TO PARTICIPATE IN THE VOTE THAT IS THE SUBJECT OF 2246
THIS BALLOT, PLEASE ATTEND THE IN -PERSON MEETING DURIN G 2247
WHICH THE MATTER WILL BE VOTED ON. 2248
2249
(d) A unit owner must transmit his or her completed ballot 2250
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to the e-mail address designated by the association no later 2251
than the scheduled date and time of the meeting during which the 2252
matter is being voted on. 2253
(e) There is a rebuttable presumption that an association 2254
has reviewed all folders associated with the e -mail address 2255
designated by the association to receive ballots if a board 2256
member, an officer, or an agent of the association, or a manager 2257
licensed under part VIII of chapter 468, provides a sworn 2258
affidavit attesting to such review. 2259
Section 11. Subsection (7) of section 718.203, Florida 2260
Statutes, is amended to read: 2261
718.203 Warranties. — 2262
(7) Residential Condominiums may be covered by an insured 2263
warranty program underwritten by a licensed insurance company 2264
registered in this state, provided that such warranty program 2265
meets the minimum requirements of this chapter; to the degree 2266
that such warranty program does not meet the minimum 2267
requirements of this chapter, such requirements shall apply. 2268
Section 12. Subsection (1) of section 718.301, Florida 2269
Statutes, is amended to read: 2270
718.301 Transfer of association control; claims of defect 2271
by association.— 2272
(1) If unit owners other than the developer own 15 percent 2273
or more of the units in a condominium that will be operated 2274
ultimately by an association, the unit owners other than the 2275
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developer are entitled to elect at least one -third of the 2276
members of the board of administration of the association. Unit 2277
owners other than the developer are entitled to elect at least a 2278
majority of the members of the board of administration of an 2279
association, upon the first to occur of any of the following 2280
events: 2281
(a) Three years after 50 percent of the units that will be 2282
operated ultimately by the association have been conveyed to 2283
purchasers; 2284
(b) Three months after 90 percent of the units that will 2285
be operated ultimately by the association have been conveyed to 2286
purchasers; 2287
(c) When all the units that will be operated ultimately by 2288
the association have been completed, some of them have been 2289
conveyed to purchasers, and none of the others are being offered 2290
for sale by the developer in the ordinary course of business; 2291
(d) When some of the units have been conveyed to 2292
purchasers and none of the others are being constructed or 2293
offered for sale by the developer in the ordinary course of 2294
business; 2295
(e) When the developer files a petition seeking protection 2296
in bankruptcy; 2297
(f) When a receiver for the developer is appointed by a 2298
circuit court and is not discharged within 30 days after such 2299
appointment, unless the court determines within 30 days after 2300
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appointment of the receiver that transfer of control would be 2301
detrimental to the association or its members; or 2302
(g) Seven years after the date of the recording of the 2303
certificate of a surveyor and mapper pursuant to s. 2304
718.104(4)(e) or the recording of an instrument that transfers 2305
title to a unit in the condominium which is not accom panied by a 2306
recorded assignment of developer rights in favor of the grantee 2307
of such unit, whichever occurs first; or, in the case of an 2308
association that may ultimately operate more than one 2309
condominium, 7 years after the date of the recording of the 2310
certificate of a surveyor and mapper pursuant to s. 2311
718.104(4)(e) or the recording of an instrument that transfers 2312
title to a unit which is not accompanied by a recorded 2313
assignment of developer rights in favor of the grantee of such 2314
unit, whichever occurs first, for the first condominium it 2315
operates; or, in the case of an association operating a phase 2316
condominium created pursuant to s. 718.403, 7 years after the 2317
date of the recording of the certificate of a surveyor and 2318
mapper pursuant to s. 718.104(4)(e) or the recording of an 2319
instrument that transfers title to a unit which is not 2320
accompanied by a recorded assignment of developer rights in 2321
favor of the grantee of such unit, whichever occurs first. 2322
2323
The developer is entitled to elect at least one member of the 2324
board of administration of an association as long as the 2325
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developer holds for sale in the ordinary course of business at 2326
least 5 percent, in condominiums with fewer than 500 units, and 2327
2 percent, in condominiums with more than 500 units, of the 2328
units in a condominium operated by the association. After the 2329
developer relinquishes control of the association, the developer 2330
may exercise the right to vote any developer -owned units in the 2331
same manner as any other unit owner except for purposes of 2332
reacquiring control o f the association or selecting the majority 2333
members of the board of administration. Beginning July 1, 2025, 2334
paragraphs (a), (c), (d), and (g) do not apply to nonresidential 2335
condominiums comprised of 10 or fewer units. 2336
Section 13. Paragraphs (a) and (b) of subsection (1) of 2337
section 718.302, Florida Statutes, are amended to read: 2338
718.302 Agreements entered into by the association. — 2339
(1) Any grant or reservation made by a declaration, lease, 2340
or other document, and any contract made by an association pri or 2341
to assumption of control of the association by unit owners other 2342
than the developer, that provides for operation, maintenance, or 2343
management of a condominium association or property serving the 2344
unit owners of a condominium shall be fair and reasonable, and 2345
such grant, reservation, or contract may be canceled by unit 2346
owners other than the developer: 2347
(a) If the association operates only one condominium and 2348
the unit owners other than the developer have assumed control of 2349
the association, or if unit owners other than the developer own 2350
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at least not less than 75 percent of the voting interests in the 2351
condominium or 90 percent of the voting interests if the 2352
condominium is a nonresidential condominium consisting of 10 or 2353
fewer units, the cancellation must shall be by concurrence of 2354
the owners of at least not less than 75 percent of the voting 2355
interests other than the voting interests owned by the 2356
developer. If a grant, reservation, or contract is so canceled 2357
and the unit owners other than the developer have not assumed 2358
control of the association, the association must shall make a 2359
new contract or otherwise provide for maintenance, management, 2360
or operation in lieu of the canceled obligation, at the 2361
direction of the owners of not less than a majority of the 2362
voting interests in the condominium other than the voting 2363
interests owned by the developer. 2364
(b) If the association operates more than one condominium 2365
and the unit owners other than the developer have not assumed 2366
control of the association, and if unit owners oth er than the 2367
developer own at least 75 percent of the voting interests in the 2368
condominiums a condominium operated by the association or, 2369
beginning July 1, 2025, 90 percent of the voting interests if 2370
the condominium is a nonresidential condominium consisting of 10 2371
or fewer units, any grant, reservation, or contract for 2372
maintenance, management, or operation of buildings containing 2373
the units in that condominium or of improvements used only by 2374
unit owners of that condominium may be canceled by concurrence 2375
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of the owners of at least 75 percent , or 90 percent if the 2376
condominium is a nonresidential condominium consisting of 10 or 2377
fewer units, of the voting interests in the condominium other 2378
than the voting interests owned by the developer. A No grant, 2379
reservation, or contract for maintenance, management, or 2380
operation of recreational areas or any other property serving 2381
more than one condominium, and operated by more than one 2382
association, may not be canceled except pursuant to paragraph 2383
(d). 2384
Section 14. Subsection ( 4) of section 718.407, Florida 2385
Statutes, is amended to read: 2386
718.407 Condominiums created within a portion of a 2387
building or within a multiple parcel building. — 2388
(4)(a) The association of a condominium subject to this 2389
section may inspect and copy the boo ks and records upon which 2390
the costs for maintaining and operating the shared facilities 2391
are based, and must to receive an annual budget with respect to 2392
such costs. 2393
(b) Within 60 days after the end of each fiscal year, a 2394
complete financial report of all c osts for maintaining and 2395
operating the shared facilities must be provided to the 2396
association. Such report must include copies of all receipts and 2397
invoices. 2398
(c) Within 60 days after receipt of the financial report, 2399
the association may challenge any apport ionment of costs for the 2400
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maintenance and operation of the shared facilities. A challenge 2401
under this paragraph is governed by s. 720.311. 2402
Section 15. Paragraph (d) of subsection (1) and paragraphs 2403
(d) and (e) of subsection (2) of section 718.503, Florid a 2404
Statutes, are amended to read: 2405
718.503 Developer disclosure prior to sale; nondeveloper 2406
unit owner disclosure prior to sale; voidability. — 2407
(1) DEVELOPER DISCLOSURE. — 2408
(d) Milestone inspection, turnover inspection report, or 2409
structural integrity rese rve study.—If the association is 2410
required to have completed a milestone inspection as described 2411
in s. 553.899, a turnover inspection report for a turnover 2412
inspection performed on or after July 1, 2023, or a structural 2413
integrity reserve study, and the assoc iation has not completed 2414
the milestone inspection, the turnover inspection report, or the 2415
structural integrity reserve study, each contract entered into 2416
after December 31, 2024, for the sale of a residential unit 2417
shall contain in conspicuous type a stateme nt indicating that 2418
the association is required to have a milestone inspection, a 2419
turnover inspection report, or a structural integrity reserve 2420
study and has not completed such inspection, report, or study, 2421
as appropriate. If the association is not required to have a 2422
milestone inspection as described in s. 553.899 or a structural 2423
integrity reserve study, each contract entered into after 2424
December 31, 2024, for the sale of a residential unit shall 2425
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contain in conspicuous type a statement indicating that the 2426
association is not required to have a milestone inspection or a 2427
structural integrity reserve study, as appropriate. If the 2428
association has completed a milestone inspection as described in 2429
s. 553.899, a turnover inspection report for a turnover 2430
inspection performed on or after July 1, 2023, or a structural 2431
integrity reserve study, each contract entered into after 2432
December 31, 2024, for the sale of a residential unit shall 2433
contain in conspicuous type: 2434
1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES 2435
THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR -2436
PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED 2437
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF 2438
THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION 2439
718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A 2440
COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY 2441
RESERVE STUDY DESCRIBED IN SECTIONS 718.103 718.103(26) AND 2442
718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15 2443
DAYS, EXCLUDING SATURDAYS, SUNDA YS, AND LEGAL HOLIDAYS, PRIOR TO 2444
EXECUTION OF THIS CONTRACT; or and 2445
2. A clause which states: THIS AGREEMENT IS VOIDABLE BY 2446
BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO 2447
CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL 2448
HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE 2449
BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR -2450
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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
PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED 2451
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF 2452
THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION 2453
718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A 2454
COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY 2455
RESERVE STUDY DESCRIBED IN SECTIONS 718.103 718.103(26) AND 2456
718.112(2)(g), FLORIDA STATUTE S, IF APPLICABLE. ANY PURPORTED 2457
WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER 2458
MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15 2459
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER 2460
THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED 2461
SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN 2462
SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER 2463
INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q), 2464
FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S M OST RECENT 2465
STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS 718.103 2466
718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF REQUESTED IN 2467
WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT 2468
CLOSING. 2469
2470
A contract that does not conform to the requirements of this 2471
paragraph is voidable at the option of the purchaser prior to 2472
closing. 2473
(2) NONDEVELOPER DISCLOSURE. — 2474
(d) Each contract entered into after July 1, 1992, for the 2475
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resale of a residential unit shall contain in conspicuous type 2476
either: 2477
1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES 2478
THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE DECLARATION 2479
OF CONDOMINIUM, ARTICLES OF INCORPORATION OF THE ASSOCIATION, 2480
BYLAWS AND RULES OF THE ASSOCIATION, A COPY OF THE MOST RECENT 2481
ANNUAL FINANCIAL STATEMENT AND ANNUAL BUDGET, AND FREQUENTLY 2482
ASKED QUESTIONS AND ANSWERS DOCUMENT MORE THAN 3 DAYS, EXCLUDING 2483
SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR TO EXECUTION OF 2484
THIS CONTRACT; or 2485
2. A clause which states: THIS AGREEMENT IS VOIDABLE BY 2486
BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO 2487
CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL 2488
HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE 2489
BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE DECLARATION 2490
OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS AND RULES OF 2491
THE ASSOCIATION, A COPY OF THE MOST RECENT ANNUAL FINANCIAL 2492
STATEMENT AND ANNUAL BUDGET, AND FREQUENTLY ASKED QUESTIONS AND 2493
ANSWERS DOCUMENT IF SO REQUESTED IN WRITING. ANY PURPORTED 2494
WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER 2495
MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3 2496
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER 2497
THE BUYER RECEIVES THE DECLARATION, ARTICLES OF INCORPORATION, 2498
BYLAWS AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST 2499
RECENT ANNUAL FINANCIAL STATEMENT AND ANNUAL BUDGET YEAR-END 2500
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FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS 2501
DOCUMENT IF REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS 2502
AGREEMENT SHALL TERMINATE AT CLOSING. 2503
2504
A contract that does not conform to the requirements of this 2505
paragraph is voidable at the option of the purchaser before 2506
prior to closing. 2507
(e) If the association is required to have completed a 2508
milestone inspection as described in s. 553.899, a turnover 2509
inspection report for a turnover inspection performed on or 2510
after July 1, 2023, or a structural integrity reserve study, and 2511
the association has not completed the milestone inspection, the 2512
turnover inspection report, or the structural integrity reserve 2513
study, each contract entered into after December 31, 2024, for 2514
the sale of a residential unit shall contain in conspicuous type 2515
a statement indicating that the association is required to have 2516
a milestone inspection, a turnover inspection report, or a 2517
structural integrity reserve study and has not completed such 2518
inspection, report, or study, as appropriate. If the association 2519
is not required to ha ve a milestone inspection as described in 2520
s. 553.899 or a structural integrity reserve study, each 2521
contract entered into after December 31, 2024, for the sale of a 2522
residential unit shall contain in conspicuous type a statement 2523
indicating that the associati on is not required to have a 2524
milestone inspection or a structural integrity reserve study, as 2525
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appropriate. If the association has completed a milestone 2526
inspection as described in s. 553.899, a turnover inspection 2527
report for a turnover inspection performed on or after July 1, 2528
2023, or a structural integrity reserve study, each contract 2529
entered into after December 31, 2024, for the resale of a 2530
residential unit shall contain in conspicuous type: 2531
1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES 2532
THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR -2533
PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED 2534
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF 2535
THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION 2536
718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A 2537
COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY 2538
RESERVE STUDY DESCRIBED IN SECTIONS 718.103 718.103(26) AND 2539
718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 3 2540
DAYS, EXCLUDING SATURDAYS, SUNDAYS, A ND LEGAL HOLIDAYS, PRIOR TO 2541
EXECUTION OF THIS CONTRACT; or and 2542
2. A clause which states: THIS AGREEMENT IS VOIDABLE BY 2543
BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO 2544
CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL 2545
HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE 2546
BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR -2547
PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED 2548
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF 2549
THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION 2550
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718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A 2551
COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY 2552
RESERVE STUDY DESCRIBED IN SECTIONS 718.103 718.103(26) AND 2553
718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED 2554
WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER 2555
MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 3 2556
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER 2557
THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED 2558
SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN 2559
SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER 2560
INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q), 2561
FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST REC ENT 2562
STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS 718.103 2563
718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF REQUESTED IN 2564
WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL TERMINATE AT 2565
CLOSING. 2566
2567
A contract that does not conform to the require ments of this 2568
paragraph is voidable at the option of the purchaser before 2569
prior to closing. 2570
Section 16. Section 31 of chapter 2024 -244, 2024 Laws of 2571
Florida, is amended to read: 2572
Section 31. The amendments made to ss. 718.103(14) and 2573
718.202(3) and s. 718.407(1), (2), and (6), Florida Statutes, as 2574
created by this act, are intended to clarify existing law and 2575
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shall apply retroactively. However, such amendments do not 2576
revive, or reinstate, or retroactively apply to any right or 2577
interest of a condominium unit owner or condominium association 2578
in a matter pending adjudication that has been fully and finally 2579
adjudicated as invalid before October 1, 2024. 2580
Section 17. Except as otherwise provided in this act, this 2581
act shall take effect July 1, 2025. 2582