|
FS
718.111(1)(b)
Abstain
from Voting
| Allows director to abstain from voting without any presumption that director has taken any position. |
|
FS
718.111(1)(d)
Liability
for Monetary Damages
| Provides that an officer, director, or agent must
act in good faith and is liable for monetary damage under certain
circumstances: violation of criminal law or a derived personal
benefit or an act or omission in bad faith, with malicious purpose,
or in a manner exhibiting wanton and willful disregard of human
rights, safety, or property. |
|
FS
718.111(12) 11
Civil
Penalty for Destroying Records
|
Creates a provision that subjects to civil
penalties any person who knowingly or intentionally defaces,
destroys, or fails to create or maintain accounting records. |
|
FS
718.111(12)16(b)
Accessibility
of Requested Records
| Requires
association to make requested documents available within 45 miles of
the condominium property or within the county -- within 5 working days.
(Not valid for timeshare condominium). Offers option to make requested
records available via Internet or being viewed on computer screen and
printed upon request. |
|
FS
718.111(12)16(c)4
Prevention
of Identity Theft
| Creates
a provision that hinders identity theft by making Social Security
numbers, driver’s license numbers, credit card numbers, and other
personal identifying information in possession of the association not
available within the official records of the condominium. |
|
FS
718.111(13)
Disclosure
and Information for Reserves
| Requires
the Division to create rules that include disclosure of at least a
summary of the reserves, including information as to whether such
reserves are being funded at a level sufficient to prevent the need for
a special assessment and, if not, the amount of assessments necessary
to bring the reserves up to the level necessary to avoid a special
assessment. |
|
FS
718.111(13)(d)3
Audit;
Financial Reporting
| Provides that audit or review shall be paid for
by the developer if done prior to turnover of control of the
association. An
association may not waive the financial reporting requirements of
this section for more than 3 consecutive years. |
|
FS
718.112(2)(b)2
Votes
for Ghost-Units
| Votes
allocated to units owned by the association may not be cast by proxy,
ballot, or otherwise for any purpose (eliminates “ghost votes”). |
|
FS
718.112(2)(c)
Add
Item To Agenda;
Notice
of Assessments being Considered
|
Creates
an avenue for unit owners to place an item on a board meeting agenda or
call for special meeting of the board through a petition of 20% of the
owners within 60 days.
Requires
notice of any meeting in which regular or special assessments against
unit owners are to be considered for any reason shall specifically
contain a statement that assessments will be considered and the nature,
estimated cost, and description of the purposes for any such
assessments. |
|
FS
718.112(2)(d) 1
Location
Meeting; Eligibility to Serve on Board
|
Determines
location of annual meeting.
Creates
provision that permits all board members to stand for re-election
each year, but allows staggered terms for no more than two years, if
membership approves.
Prohibits co-owners of a unit from serving on any board at the same time in an association of greater than 10 units.
An owner who has been suspended or removed by the Division under this chapter is not eligible for board membership.
Prohibits owners delinquent in the payment of any fees or assessment to serve on board.
Prohibits anyone convicted of a felony anywhere from serving on a board
of directors. However, a felon may be eligible to sit on the board if
their rights have been restored and they are 5 years removed from the
date of restoration. |
|
FS
718.112(2)(d) 3
Certification
Form Candidates
| 60-day election notice shall include
certification form provided by the Division attesting that
candidates for board membership have read and understand, to the
best of his or her ability, the governing documents of the
association and the provisions of this chapter and any applicable
rules. This form has to be signed and sent to the association by
each candidate not less than 35 days before the election. |
|
FS
718.112(2)(d) 8
Prohibits
opt-out of Election Process
| Prohibits
associations that are 10 units or more to opt out of statutory election
process and mandates that all condominiums over 10 units abide by
chapter 718 election laws. |
|
FS
718.112(2)(f) 4
Proxy
Reserve Funds
| Proxy
questions relating to reducing or waiving the funding of reserves shall
contain a statement explaining the effects of this. |
|
FS
718.112(2)(n)
Board
Member Due Delinquency
| A
director or officer more than 90 days delinquent in the payment of
regular assessments shall be deemed to have abandoned the office,
creating a vacancy in the office to be filled according to law. |
|
FS
718.112(2)(o)
Removal
of Director charged with Theft or Embezzlement
| A director or officer charged with a felony theft
or embezzlement offense involving association's funds or property
shall be removed from office, creating a vacancy in the office to be
filled according to law. While such criminal charges are pending, he
or she may not be appointed or elected to a position as a director
or officer. If charges are resolved without a finding of guilt, the
director or officer shall be reinstated for the remainder of his or
her term of office. |
|
FS
718.1124
Receivership
Notice
| Notice
of intent to apply for receivership; 30-day notice must be provided by
the unit owner to every other unit owner of the association by
certified mail or personal delivery. |
|
FS
718.113(5)
Installation
of Hurricane Shutters | Allows the board to install hurricane protection
that complies with or exceeds building code with the approval of a
majority of voting interests. Prohibits the board to install
hurricane shutters where such protection (meeting or exceeding
building code standards) is already in place.
Outlines how to determine who will be responsible for the
installation, replacement, operation, and repair of hurricane
protection.
If the declaration states the association is responsible, hurricane
protection will be treated as a common element.
If the declaration does not say who is responsible, the unit owners
shall be responsible for the hurricane protection and the cost shall
be charged individually to the unit owners.
Those unit owners who already have installed hurricane protection
which complies with the building code shall receive a credit for the
portion of the assessed installation cost assigned to each unit. The
unit owner shall, however, remain responsible for his or her share
of hurricane protection installed on the common elements. |
|
FS
718.113(6)
Engineer
Report
| Requires
the condominium building to be inspected and the board to provide a
report under seal of an architect or engineer authorized to practice in
this state attesting to required maintenance, useful life, and
replacement costs of the common elements. Opt-out possible, membership
vote required! |
|
FS
718.113(7)
Religious
Object | An association may not refuse the request of a
unit owner for a reasonable accommodation for the attachment of a
religious object on the mantle or frame of the door of the unit
owner. |
|
FS 718.115
(1)(e)
Hurricane
Shutters | Clarifies
further who is responsible for maintenance, repair, and replacement of
the hurricane shutters or other hurricane protection. Charge of cost. |
|
FS
718.117 (7)(a)
Notice
of Receivership | Requires
written notice to all unit owners if receiver is appointed after
natural disaster. |
|
FS
718.121 (4)
Lien
Intent Notice by Certified Mail | Requires 30-day notice of intent to file a lien to be delivered to the owner by
certified mail, return receipt requested,
and by first-class United States mail to the owner at his or her last
known address as reflected in the records of the association. |
|
FS
718.1224
Prohibition
Against SLAPP Suits | Protects
owners against SLAPP (Strategic Lawsuits Against Public Participation)
suits. This form of litigation is frequently filed by associations to
intimidate and silence critics or opponents by burdening them with the
cost of a legal defense so that they abandon their criticism or
opposition. Association boards have attorneys filing frivolous lawsuits
forcing the outspoken owner to hire an attorney to defend this lawsuit.
These lawsuits are later dropped leaving the owner stuck with his/her
attorney's fees. |
|
FS
718.1265
Association
Emergency Powers | Provision
affords the board the authority to exercise certain powers in the event
of a declared emergency by the governor in order to mitigate damages to
the property. Power is supposed to be limited to prevention of further
damage and emergency repairs. |
|
FS
718.301 (4)(1)
Transfer
of Association Control |
Adds turnover requirement provisions:
When the developer files a petition seeking protection in bankruptcy;
When a receiver for the developer is appointed and not discharged within 30 days |
|
FS
718.301 (4)(1)(p)
Requires
Engineer's Report at Turnover | Requires
developer to add a report to official records, under seal of an
architect or engineer authorized to practice in this state, attesting
to required maintenance, useful life, and replacement costs of the
following applicable common elements comprising a turnover inspection
report. |
|
FS
718.3025 (1)(f)
Disclosure
Requirement of Financial Interest | Requires
disclosure of any financial or ownership interest a board member or any
party providing maintenance or management services to the association
holds with the contracting party. |
|
FS
718.3026(3)
Option
of Contract Cancellation |
If such a contract is approved, the contract could be voided with a vote of the majority of unit owners without penalty. |
|
FS
718.303 (3)
Fine
Committee | Disqualifies board members
and persons residing in a board member's household from being members of the grievance (fine) committee. |
|
FS
718.501 (1)
Duties
of Division Jurisdiction | Gives
Division complete jurisdiction to investigate complaints and enforce
compliance with the provisions of this chapter with respect to
associations that are still under developer control and complaints
against developers involving improper turnover or failure to turnover.
Limits Division jurisdiction to investigate complaints related to
financial issues, elections, and unit owner access to association
records after developer turnover. |
|
FS
718.501 (4)
Division
Power
Civil
Penalty, Removal from Board | Empowers
Division to levy civil penalty and/or to order the removal of any
individual, who willfully and knowingly violates a provision of this
chapter, as an officer or from the board of administration or as an
officer of the association; and may prohibit such individual from
serving as an officer or on the board of a community association for a
period of time. |
|
FS
718.501 (5)
Division
Power
Subpoena
Requirement for Requested Records | Mandates
that the director of the Division exercise the subpoena power granted
to him after proof, by certified return-receipt mail, from a unit owner
asking for a copy of official records. Upon receipt of such proof the director shall
issue a subpoena requiring the production of the requested
documents. |
|
FS
718.501 (5)(j)
Education | Requires
the Division to provide training and educational programs for
condominium association board members and unit owners. The training may
include web-based electronic media, and live training and seminars in
various locations throughout the state. |
|
FS
718.501 (5)(n)
Obligation
to Cooperate with Investigation | Directors, officers, and employees; condominium
developers; community association managers; and community
association management firms are required to reasonably cooperate
with the Division in any investigation. The Division shall refer to
local law enforcement authorities any person whom the Division
believes has altered, destroyed, concealed, or removed any record,
document, or thing required to be kept or maintained by this chapter
with the purpose to impair its verity or availability in the
department's investigation. |
|
FS
718.5012 (9)
Ombudsman's
Office: Resolution of Disputes | Adds
requirement to ombudsman's office to assist with the resolution of
disputes between unit owners and the association or between unit owners
when the dispute is not within the jurisdiction of the Division to
resolve. |
|
FS
718.50151
Community Association Living Study Council
| Establishes a 7-member Council that shall exist
for a 6-month term commencing October 1, 2008. Council shall make
recommendations for changes in the law related to condominiums,
cooperatives, and homeowners' associations. Council shall review,
evaluate, and advise the Legislature concerning revisions and
improvements to the laws. |
|
FS
718.503 (2)
Non-Developer
Disclosure
|
Entitles
prospective purchaser to receive from the seller a copy of a governance
form. Division shall provide a form summarizing governance of
condominium associations. Form should help prospective purchaser in
understanding association governance. Clarifies intention of governance
form.
|
|
EFFECTIVE
DATE
|
October
1, 2008 |
