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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 community associations; creating s. 2
712.13, F.S.; providing legislative findings and 3
intent; providing definitions; providing that the 4
recorded governing documents of a dissolved 5
homeowners' association are deemed terminated and 6
unenforceable; requiring the clerk of the circuit 7
court to indicate in the county records that a 8
dissolved association's governing documents are 9
terminated and inactive; requiring certain exclusive 10
easements to revert to the servient estate upon 11
dissolution of a homeowners' association under certain 12
circumstances; providing for the extinguishment of 13
such easement; prohibiting an easement held by a 14
dissolved association from becoming a public right-of-15
way, trail, or access route unless the easement is 16
separately recorded for public use; providing 17
construction; providing retroactive applicability; 18
amending s. 718.103, F.S.; defining the term 19
"habitable"; revising the definition of the term 20
"video conference"; amending s. 718.104, F.S.; 21
requiring condominium associations to include a 22
specified statement in the governing documents or to 23
hold a meeting by a date certain to vote to amend the 24
governing documents to include such statement; 25
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requiring a vote held at such meeting to be approved 26
by a certain amount of the voting interests; amending 27
s. 718.111, F.S.; requiring a condominium association 28
to provide copies of certain records or otherwise make 29
them available for inspection and copying within a 30
specified timeframe if the association receives a 31
subpoena or written request from a law enforcement 32
agency or prosecuting agency; providing criminal 33
penalties; amending s. 718.112, F.S.; requiring a 34
developer to have a turnover inspection report 35
completed for all buildings on the condominium 36
property before turning control over to unit owners; 37
amending s. 718.1255, F.S.; removing presuit mediation 38
requirements; amending s. 718.128, F.S.; revising the 39
manner in which certain associations must receive 40
electronically transmitted ballots; revising the 41
methods by which unit owners may electronically 42
transmit ballots; amending s. 719.103, F.S.; defining 43
the term "habitable"; amending s. 719.106, F.S.; 44
requiring a developer to have a turnover inspection 45
report completed for all buildings on the condominium 46
property before turning control over to unit owners; 47
amending s. 720.301, F.S.; defining the term 48
"financial statements"; amending s. 720.302, F.S.; 49
conforming a provision to changes made by the act; 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
amending s. 720.303, F.S.; requiring homeowners' 51
associations to include a specified statement in the 52
governing documents or to hold a meeting by a date 53
certain to vote to amend the governing documents to 54
include such statement; requiring a vote held at such 55
meeting to be approved by a certain amount of the 56
voting interests; removing the authority of an 57
association to take certain actions relating to the 58
roof of a building; requiring an association to 59
provide copies of or otherwise make available certain 60
records for inspection and copying within a specified 61
timeframe if the association receives a written 62
request from a prosecuting agency; providing criminal 63
penalties; providing that directors, officers, and 64
committee members of a homeowners' association owe a 65
duty of loyalty to such association and its members; 66
requiring a director, an officer, or a committee 67
member who has a conflict of interest to disclose to 68
the board such conflict in writing; prohibiting such 69
director, officer, or member from participating in any 70
discussion or vote on such matter; authorizing an 71
association to void a transaction involving a conflict 72
of interest; providing an exception; providing a 73
rebuttable presumption; providing construction; 74
amending s. 720.3035, F.S.; prohibiting an association 75
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or specified committees of an association from 76
enforcing or adopting a covenant, rule, or guideline 77
that requires a specific type of material for building 78
or rebuilding a roof under certain circumstances; 79
amending s. 720.306, F.S.; conforming a cross-80
reference; amending s. 720.3075, F.S.; prohibiting an 81
association's documents from precluding a property 82
owner from using any type of building material to 83
build or rebuild a roof under certain circumstances; 84
amending s. 720.311, F.S.; removing presuit mediation 85
requirements; requiring that specified arbitrators 86
conduct arbitration proceedings; creating s. 720.319, 87
F.S.; providing a short title; providing legislative 88
findings; authorizing a homeowners' association to be 89
terminated; providing requirements for the termination 90
of a homeowners' association; providing conditions for 91
a plan of termination; requiring an approved plan of 92
termination be submitted to a community association 93
court program and recorded in the public records of 94
each county in which the association is located; 95
providing duties and responsibilities of a termination 96
trustee; authorizing a member to file a petition with 97
a community association court program under certain 98
circumstances; authorizing a community association 99
court program to take certain actions; providing 100
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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
responsibilities of the board after approval of a plan 101
of termination; providing for the distribution of 102
assets and paying of lawful debts after an association 103
is terminated; specifying unlawful actions by an 104
association or its officers or directors; providing 105
penalties; creating s. 720.32, F.S.; providing 106
legislative intent; authorizing circuit courts to 107
create and administer a community association court 108
program; providing duties of the chief judge; 109
providing the jurisdiction of the community 110
association court program; authorizing the community 111
association court program to take certain actions; 112
requiring the chief judge of certain judicial circuits 113
to submit to the Legislature a specified report 114
annually by a specified date; providing duties of the 115
Office of the State Courts Administrator; requiring 116
that certain costs associated with the community 117
association court program be funded through specific 118
appropriations in the General Appropriations Act; 119
requiring certain funds that remain unencumbered or 120
undisbursed by specified dates to revert to the 121
Division of Florida Condominiums, Timeshares, and 122
Mobile Homes Trust Fund; providing applicability; 123
amending s. 26.031, F.S.; increasing the number of 124
circuit judges in certain judicial circuits; 125
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
specifying that the additional circuit court judges 126
are for the community association court program; 127
amending s. 34.01, F.S.; conforming a provision to 128
changes made by the act; amending ss. 336.125, 129
558.002, 617.0601, 617.0701, 617.0721, 617.0725, 130
617.0808, 617.1606, 718.116, 718.503, 719.503, and 131
720.3085, F.S.; conforming cross-references; 132
reenacting s. 617.0825(9), F.S., relating to board 133
committees and advisory committees, to incorporate the 134
amendment made to s. 720.3035, F.S., in a reference 135
thereto; providing an effective date. 136
137
Be It Enacted by the Legislature of the State of Florida: 138
139
Section 1. Section 712.13, Florida Statutes, is created to 140
read: 141
712.13 Governing documents associated with dissolved 142
homeowners' associations.— 143
(1) The Legislature finds that when a homeowners' 144
association has been dissolved, voluntarily or involuntarily, 145
the recorded governing documents created solely for the 146
association's benefit may remain in the county records 147
indefinitely, imposing an undue burden on private property 148
owners. It is the intent of the Legislature to restore and 149
protect private property rights by ensuring that such 150
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encumbrances are properly extinguished or removed from the 151
official records of the county when the association ceases to 152
exist. 153
(2) As used in this section, the term: 154
(a) "Dissolved association" means a homeowners' 155
association that has filed articles of dissolution with the 156
Department of State under chapter 617 or has otherwise ceased 157
its legal operation and existence. 158
(b) "Exclusive easement" means an easement recorded for 159
the sole benefit or use of a homeowners' association or its 160
members. 161
(c) "Governing documents" has the same meaning as in s. 162
720.301. 163
(d) "Servient estate" means the real property burdened by 164
an easement. 165
(3)(a) Upon the dissolution of a homeowners' association, 166
the governing documents of the association, which were recorded 167
in the official records of a county and created solely for the 168
operation or benefit of the dissolved association or its 169
members, are deemed terminated and are unenforceable. 170
(b) The recorded governing documents may not be construed 171
to create any rights for the general public or for any successor 172
entity unless expressly provided by law. 173
(c) The clerk of the circuit court shall, upon receipt of 174
a certified copy of the association's articles of dissolution, 175
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mark or otherwise indicate in the county's official records that 176
the governing documents for the dissolved association are 177
terminated and inactive. 178
(4)(a) An exclusive easement created for the benefit of a 179
homeowners' association or its members must revert to the 180
servient estate upon dissolution of the association if the owner 181
of the servient estate has continuously paid his or her ad 182
valorem taxes on the land encumbered by the easement. 183
(b) Upon reversion, the exclusive easement is extinguished 184
and the owner of the servient estate regains full rights of 185
ownership, possession, and control of the land encumbered by the 186
easement. 187
(c) An easement formerly held by a homeowners' association 188
may not become a public right-of-way, trail, or access route 189
unless a separate, valid written notice in accordance with s. 190
712.06 has been recorded to preserve the easement for the 191
benefit of the public. 192
(5) This section does not impair or extinguish easements, 193
covenants, or restrictions benefiting individual property owners 194
which were separately recorded or preserved under this chapter. 195
(6) This section applies both prospectively and 196
retroactively to homeowners' associations dissolved before, on, 197
or after July 1, 2026. 198
Section 2. Subsections (19) through (35) of section 199
718.103, Florida Statutes, are renumbered as subsections (20) 200
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through (36), respectively, present subsection (33) is amended, 201
and a new subsection (19) is added to that section, to read: 202
718.103 Definitions.—As used in this chapter, the term: 203
(19) "Habitable" means a space in a building for living, 204
sleeping, eating, or cooking. Garages, carports, and storage or 205
utility spaces are not considered habitable. 206
(34)(33) "Video conference" means a real-time audio- and 207
video-based meeting between two or more people in different 208
locations using video-enabled and audio-enabled devices. The 209
notice for any meeting that is open to the unit owners and will 210
be conducted by video conference must have a hyperlink and call-211
in conference telephone number for unit owners to attend the 212
meeting and must have a physical location where unit owners can 213
also attend the meeting in person. All meetings conducted by 214
video conference which are open to the unit owners must be 215
recorded, and such recording must be maintained as an official 216
record of the association. 217
Section 3. Subsection (8) is added to section 718.104, 218
Florida Statutes, to read: 219
718.104 Creation of condominiums; contents of 220
declaration.—Every condominium created in this state shall be 221
created pursuant to this chapter. 222
(8)(a) Each association formed on or after July 1, 2026, 223
must include the following statement in the governing documents: 224
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
This association and the association's governing 226
documents are governed by the Florida Condominium Act, 227
as amended from time to time. 228
229
(b) By January 1, 2027, each association in existence 230
before July 1, 2026, must hold a meeting of the members in 231
accordance with s. 718.112 to vote whether to amend the 232
governing documents of the association to include the statement 233
in paragraph (a). The association must obtain the affirmative 234
approval of two-thirds of the units at a meeting of the 235
membership at which a quorum has been attained in order to amend 236
the governing documents under this paragraph. 237
Section 4. Paragraph (c) of subsection (12) of section 238
718.111, Florida Statutes, is amended to read: 239
718.111 The association.— 240
(12) OFFICIAL RECORDS.— 241
(c)1.a. The official records of the association are open 242
to inspection by any association member and any person 243
authorized by an association member as a representative of such 244
member at all reasonable times. The right to inspect the records 245
includes the right to make or obtain copies, at the reasonable 246
expense, if any, of the member and of the person authorized by 247
the association member as a representative of such member. A 248
renter of a unit has a right to inspect and copy only the 249
declaration of condominium, the association's bylaws and rules, 250
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and the inspection reports described in ss. 553.899 and 251
718.301(4)(p). The association may adopt reasonable rules 252
regarding the frequency, time, location, notice, and manner of 253
record inspections and copying but may not require a member to 254
demonstrate any purpose or state any reason for the inspection. 255
The failure of an association to provide the records within 10 256
working days after receipt of a written request creates a 257
rebuttable presumption that the association willfully failed to 258
comply with this paragraph. A unit owner who is denied access to 259
official records is entitled to the actual damages or minimum 260
damages for the association's willful failure to comply. Minimum 261
damages are $50 per calendar day for up to 10 days, beginning on 262
the 11th working day after receipt of the written request. The 263
failure to permit inspection entitles any person prevailing in 264
an enforcement action to recover reasonable attorney fees from 265
the person in control of the records who, directly or 266
indirectly, knowingly denied access to the records. If the 267
requested records are posted on an association's website, or are 268
available for download through an application on a mobile 269
device, the association may fulfill its obligations under this 270
paragraph by directing to the website or the application all 271
persons authorized to request access. 272
b. In response to a written request to inspect records, 273
the association must simultaneously provide to the requestor a 274
checklist of all records made available for inspection and 275
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copying. The checklist must also identify any of the 276
association's official records that were not made available to 277
the requestor. An association must maintain a checklist provided 278
under this sub-subparagraph for 7 years. An association 279
delivering a checklist pursuant to this sub-subparagraph creates 280
a rebuttable presumption that the association has complied with 281
this paragraph. 282
2. A director or member of the board or association or a 283
community association manager who willfully and knowingly or 284
intentionally violates subparagraph 1. commits a misdemeanor of 285
the second degree, punishable as provided in s. 775.082 or s. 286
775.083, and must be removed from office and a vacancy declared. 287
3. A person who willfully and knowingly or intentionally 288
defaces or destroys accounting records that are required by this 289
chapter to be maintained during the period for which such 290
records are required to be maintained, or who willfully and 291
knowingly or intentionally fails to create or maintain 292
accounting records that are required to be created or 293
maintained, with the intent of causing harm to the association 294
or one or more of its members, commits a misdemeanor of the 295
first degree, punishable as provided in s. 775.082 or s. 296
775.083; is personally subject to a civil penalty pursuant to s. 297
718.501(1)(e); and must be removed from office and a vacancy 298
declared. 299
4. A person who willfully and knowingly or intentionally 300
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refuses to release or otherwise produce association records with 301
the intent to avoid or escape detection, arrest, trial, or 302
punishment for the commission of a crime, or to assist another 303
person with such avoidance or escape, commits a felony of the 304
third degree, punishable as provided in s. 775.082, s. 775.083, 305
or s. 775.084, and must be removed from office and a vacancy 306
declared. 307
5. The association shall maintain an adequate number of 308
copies of the declaration, articles of incorporation, bylaws, 309
and rules, and all amendments to each of the foregoing, as well 310
as the question and answer sheet as described in s. 718.504 and 311
the most recent annual financial statement and annual budget 312
required under this section, on the condominium property to 313
ensure their availability to unit owners and prospective 314
purchasers, and may charge its actual costs for preparing and 315
furnishing these documents to those requesting the documents. An 316
association shall allow a member or his or her authorized 317
representative to use a portable device, including a smartphone, 318
tablet, portable scanner, or any other technology capable of 319
scanning or taking photographs, to make an electronic copy of 320
the official records in lieu of the association's providing the 321
member or his or her authorized representative with a copy of 322
such records. The association may not charge a member or his or 323
her authorized representative for the use of a portable device. 324
Notwithstanding this paragraph, the following records are not 325
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accessible to unit owners: 326
a. Any record protected by the lawyer-client privilege as 327
described in s. 90.502 and any record protected by the work-328
product privilege, including a record prepared by an association 329
attorney or prepared at the attorney's express direction, which 330
reflects a mental impression, conclusion, litigation strategy, 331
or legal theory of the attorney or the association, and which 332
was prepared exclusively for civil or criminal litigation or for 333
adversarial administrative proceedings, or which was prepared in 334
anticipation of such litigation or proceedings until the 335
conclusion of the litigation or proceedings. 336
b. Information obtained by an association in connection 337
with the approval of the lease, sale, or other transfer of a 338
unit. 339
c. Personnel records of association or management company 340
employees, including, but not limited to, disciplinary, payroll, 341
health, and insurance records. For purposes of this sub-342
subparagraph, the term "personnel records" does not include 343
written employment agreements with an association employee or 344
management company, or budgetary or financial records that 345
indicate the compensation paid to an association employee. 346
d. Medical records of unit owners. 347
e. Social security numbers, driver license numbers, credit 348
card numbers, e-mail addresses, telephone numbers, facsimile 349
numbers, emergency contact information, addresses of a unit 350
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owner other than as provided to fulfill the association's notice 351
requirements, and other personal identifying information of any 352
person, excluding the person's name, unit designation, mailing 353
address, property address, and any address, e-mail address, or 354
facsimile number provided to the association to fulfill the 355
association's notice requirements. Notwithstanding the 356
restrictions in this sub-subparagraph, an association may print 357
and distribute to unit owners a directory containing the name, 358
unit address, and all telephone numbers of each unit owner. 359
However, an owner may exclude his or her telephone numbers from 360
the directory by so requesting in writing to the association. An 361
owner may consent in writing to the disclosure of other contact 362
information described in this sub-subparagraph. The association 363
is not liable for the inadvertent disclosure of information that 364
is protected under this sub-subparagraph if the information is 365
included in an official record of the association and is 366
voluntarily provided by an owner and not requested by the 367
association. 368
f. Electronic security measures that are used by the 369
association to safeguard data, including passwords. 370
g. The software and operating system used by the 371
association which allow the manipulation of data, even if the 372
owner owns a copy of the same software used by the association. 373
The data is part of the official records of the association. 374
h. All affirmative acknowledgments made pursuant to s. 375
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718.121(4)(c). 376
6.a. If an association receives a subpoena or written 377
request for records from a prosecuting agency as defined in s. 378
112.531 or a law enforcement agency, the association must 379
provide a copy of such records or otherwise make the records 380
available for inspection and copying to the prosecuting agency 381
or law enforcement agency within 5 business days after receipt 382
of the subpoena or written request, unless otherwise specified 383
by the law enforcement agency, prosecuting agency, subpoena, or 384
written request. An association must assist a law enforcement 385
agency and a prosecting agency in an investigation to the extent 386
permissible by law. 387
b. A director or member of the board or association or a 388
community association manager who willfully and knowingly fails 389
to provide a copy of records, or otherwise fails to make the 390
records available for inspection and copying, to a prosecuting 391
agency or a law enforcement agency as required under sub-392
subparagraph a. commits a misdemeanor of the second degree, 393
punishable as provided in s. 775.082 or s. 775.083. 394
Section 5. Paragraph (g) of subsection (2) of section 395
718.112, Florida Statutes, is amended to read: 396
718.112 Bylaws.— 397
(2) REQUIRED PROVISIONS.—The bylaws shall provide for the 398
following and, if they do not do so, shall be deemed to include 399
the following: 400
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(g) Structural integrity reserve study.— 401
1. A residential condominium association must have a 402
structural integrity reserve study completed at least every 10 403
years after the condominium's creation for each building on the 404
condominium property that is three habitable stories or higher 405
in height, as determined by the Florida Building Code, which 406
includes, at a minimum, a study of the following items as 407
related to the structural integrity and safety of the building: 408
a. Roof. 409
b. Structure, including load-bearing walls and other 410
primary structural members and primary structural systems as 411
those terms are defined in s. 627.706. 412
c. Fireproofing and fire protection systems. 413
d. Plumbing. 414
e. Electrical systems. 415
f. Waterproofing and exterior painting. 416
g. Windows and exterior doors. 417
h. Any other item that has a deferred maintenance expense 418
or replacement cost that exceeds $25,000 or the inflation-419
adjusted amount determined by the division under subparagraph 420
(f)6., whichever is greater, and the failure to replace or 421
maintain such item negatively affects the items listed in sub-422
subparagraphs a.-g., as determined by the visual inspection 423
portion of the structural integrity reserve study. 424
2. A structural integrity reserve study is based on a 425
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visual inspection of the condominium property. 426
3.a. A structural integrity reserve study, including the 427
visual inspection portion of the structural integrity reserve 428
study, must be performed or verified by an engineer licensed 429
under chapter 471, an architect licensed under chapter 481, or a 430
person certified as a reserve specialist or professional reserve 431
analyst by the Community Associations Institute or the 432
Association of Professional Reserve Analysts. 433
b. Any design professional as defined in s. 558.002 or any 434
contractor licensed under chapter 489 who bids to perform a 435
structural integrity reserve study must disclose in writing to 436
the association his or her intent to bid on any services related 437
to any maintenance, repair, or replacement that may be 438
recommended by the structural integrity reserve study. Any 439
design professional as defined in s. 558.002 or contractor 440
licensed under chapter 489 who submits a bid to the association 441
for performing any services recommended by the structural 442
integrity reserve study may not have an interest, directly or 443
indirectly, in the firm or entity providing the association's 444
structural integrity reserve study or be a relative of any 445
person having a direct or indirect interest in such firm, unless 446
such relationship is disclosed to the association in writing. As 447
used in this section, the term "relative" means a relative 448
within the third degree of consanguinity by blood or marriage. A 449
contract for services is voidable and terminates upon the 450
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association filing a written notice terminating the contract if 451
the design professional or licensed contractor failed to provide 452
the written disclosure of the interests or relationships 453
required under this paragraph. A design professional or licensed 454
contractor may be subject to discipline under the applicable 455
practice act for his or her profession for failure to provide 456
the written disclosure of the interests or relationships 457
required under this paragraph. 458
4.a. At a minimum, a structural integrity reserve study 459
must identify each item of the condominium property being 460
visually inspected, state the estimated remaining useful life 461
and the estimated replacement cost or deferred maintenance 462
expense of each item of the condominium property being visually 463
inspected, and provide a reserve funding plan or schedule with a 464
recommended annual reserve amount that achieves the estimated 465
replacement cost or deferred maintenance expense of each item of 466
condominium property being visually inspected by the end of the 467
estimated remaining useful life of the item. At a minimum, the 468
structural integrity reserve study must include a recommendation 469
for a reserve funding schedule based on a baseline funding plan 470
that provides a reserve funding goal in which the reserve 471
funding for each budget year is sufficient to maintain the 472
reserve cash balance above zero. The study may recommend other 473
types of reserve funding schedules, provided that each 474
recommended schedule is sufficient to meet the association's 475
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maintenance obligation. 476
b. The structural integrity reserve study may recommend 477
that reserves do not need to be maintained for any item for 478
which an estimate of useful life and an estimate of replacement 479
cost cannot be determined, or the study may recommend a deferred 480
maintenance expense amount for such item. The structural 481
integrity reserve study may recommend that reserves for 482
replacement costs do not need to be maintained for any item with 483
an estimated remaining useful life of greater than 25 years, but 484
the study may recommend a deferred maintenance expense amount 485
for such item. If the structural integrity reserve study 486
recommends reserves for any item for which reserves are not 487
required under this paragraph, the amount of the recommended 488
reserves for such item must be separately identified in the 489
structural integrity reserve study as an item for which reserves 490
are not required under this paragraph. 491
c. The structural integrity reserve study must take into 492
consideration the funding method or methods used by the 493
association to fund its maintenance and reserve funding 494
obligations through regular assessments, special assessments, 495
lines of credit, or loans. If the structural integrity reserve 496
study is performed before the association has approved a special 497
assessment or secured a line of credit or a loan, the structural 498
integrity reserve study must be updated to reflect the funding 499
method selected by the association and its effect on the reserve 500
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funding schedule, including any anticipated change in the amount 501
of regular assessments. The structural integrity reserve study 502
may be updated to reflect any changes to the useful life of the 503
reserve items after such items are repaired or replaced and the 504
effect such repair or replacement will have on the reserve 505
funding schedule. The association must obtain an updated 506
structural integrity reserve study before adopting any budget in 507
which the reserve funding from regular assessments, special 508
assessments, lines of credit, or loans does not align with the 509
funding plan from the most recent version of the structural 510
integrity reserve study. 511
5. This paragraph does not apply to buildings less than 512
three habitable stories in height; single-family, two-family, 513
three-family, or four-family dwellings with three or fewer 514
habitable stories above ground; any portion or component of a 515
building that has not been submitted to the condominium form of 516
ownership; or any portion or component of a building that is 517
maintained by a party other than the association. 518
6. Before a developer turns over control of an association 519
to unit owners other than the developer, the developer must have 520
a turnover inspection report in compliance with s. 718.301(4)(p) 521
and (q) for each building on the condominium property that is 522
three stories or higher in height. 523
7. Associations existing on or before July 1, 2022, which 524
are controlled by unit owners other than the developer, must 525
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have a structural integrity reserve study completed by December 526
31, 2025, for each building on the condominium property that is 527
three habitable stories or higher in height. An association that 528
is required to complete a milestone inspection in accordance 529
with s. 553.899 on or before December 31, 2026, may complete the 530
structural integrity reserve study simultaneously with the 531
milestone inspection. In no event may the structural integrity 532
reserve study be completed after December 31, 2026. 533
8. If the milestone inspection required by s. 553.899, or 534
an inspection completed for a similar local requirement, was 535
performed within the past 5 years and meets the requirements of 536
this paragraph, such inspection may be used in place of the 537
visual inspection portion of the structural integrity reserve 538
study. 539
9. If the association completes a milestone inspection 540
required by s. 553.899, or an inspection completed for a similar 541
local requirement, the association may delay performance of a 542
required structural integrity reserve study for no more than the 543
2 consecutive budget years immediately following the milestone 544
inspection in order to allow the association to focus its 545
financial resources on completing the repair and maintenance 546
recommendations of the milestone inspection. 547
10. If the officers or directors of an association 548
willfully and knowingly fail to complete a structural integrity 549
reserve study pursuant to this paragraph, such failure is a 550
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breach of an officer's or a director's fiduciary relationship to 551
the unit owners under s. 718.111(1). An officer or a director of 552
an association must sign an affidavit acknowledging receipt of 553
the completed structural integrity reserve study. 554
11. Within 45 days after receiving the structural 555
integrity reserve study, the association must distribute a copy 556
of the study to each unit owner or deliver to each unit owner a 557
notice that the completed study is available for inspection and 558
copying upon a written request. Distribution of a copy of the 559
study or notice must be made by United States mail or personal 560
delivery to the mailing address, property address, or any other 561
address of the owner provided to fulfill the association's 562
notice requirements under this chapter, or by electronic 563
transmission to the e-mail address or facsimile number provided 564
to fulfill the association's notice requirements to unit owners 565
who previously consented to receive notice by electronic 566
transmission. 567
12. Within 45 days after receiving the structural 568
integrity reserve study, the association must provide the 569
division with a statement indicating that the study was 570
completed and that the association provided or made available 571
such study to each unit owner in accordance with this section. 572
The statement must be provided to the division in the manner 573
established by the division using a form posted on the 574
division's website. 575
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13. The division shall adopt by rule the form for the 576
structural integrity reserve study in coordination with the 577
Florida Building Commission. 578
Section 6. Subsections (6) and (7) of section 718.1255, 579
Florida Statutes, are renumbered as subsections (5) and (6), 580
respectively, and paragraphs (a), (h), (k), and (m) of 581
subsection (4) and present subsection (5) of that section are 582
amended, to read: 583
718.1255 Alternative dispute resolution; mediation; 584
nonbinding arbitration; applicability.— 585
(4) NONBINDING ARBITRATION AND MEDIATION OF DISPUTES.—The 586
Division of Florida Condominiums, Timeshares, and Mobile Homes 587
of the Department of Business and Professional Regulation may 588
employ full-time attorneys to act as arbitrators to conduct the 589
arbitration hearings provided by this chapter. The division may 590
also certify attorneys who are not employed by the division to 591
act as arbitrators to conduct the arbitration hearings provided 592
by this chapter. A person may not be employed by the department 593
as a full-time arbitrator unless he or she is a member in good 594
standing of The Florida Bar. A person may only be certified by 595
the division to act as an arbitrator if he or she has been a 596
member in good standing of The Florida Bar for at least 5 years 597
and has mediated or arbitrated at least 10 disputes involving 598
condominiums in this state during the 3 years immediately 599
preceding the date of application, mediated or arbitrated at 600
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least 30 disputes in any subject area in this state during the 3 601
years immediately preceding the date of application, or attained 602
board certification in real estate law or condominium and 603
planned development law from The Florida Bar. Arbitrator 604
certification is valid for 1 year. An arbitrator who does not 605
maintain the minimum qualifications for initial certification 606
may not have his or her certification renewed. The department 607
may not enter into a legal services contract for an arbitration 608
hearing under this chapter with an attorney who is not a 609
certified arbitrator unless a certified arbitrator is not 610
available within 50 miles of the dispute. The department shall 611
adopt rules of procedure to govern such arbitration hearings 612
including mediation incident thereto. The decision of an 613
arbitrator is final; however, a decision is not deemed final 614
agency action. Nothing in this provision shall be construed to 615
foreclose parties from proceeding in a trial de novo unless the 616
parties have agreed that the arbitration is binding. If judicial 617
proceedings are initiated, the final decision of the arbitrator 618
is admissible in evidence in the trial de novo. 619
(a) Before the institution of court litigation, a party to 620
a dispute, other than an election or recall dispute, must shall 621
either petition the division for nonbinding arbitration or 622
request that the case be referred to mediation initiate presuit 623
mediation as provided in subsection (5). Arbitration is binding 624
on the parties if all parties in arbitration agree to be bound 625
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in a writing filed in arbitration. The petition must be 626
accompanied by a filing fee in the amount of $50. Filing fees 627
collected under this section must be used to defray the expenses 628
of the alternative dispute resolution program. 629
(h) Mediation proceedings must generally be conducted in 630
accordance with the Florida Rules of Civil Procedure, and these 631
proceedings are privileged and confidential to the same extent 632
as court-ordered mediation. Persons who are not parties to the 633
dispute are not allowed to attend the mediation conference 634
without the consent of all parties, with the exception of 635
counsel for the parties and corporate representatives designated 636
to appear for a party. If the mediator declares an impasse after 637
a mediation conference has been held, the arbitration proceeding 638
terminates, unless all parties agree in writing to continue the 639
arbitration proceeding, in which case the arbitrator's decision 640
shall be binding or nonbinding, as agreed upon by the parties; 641
in the arbitration proceeding, the arbitrator shall not consider 642
any evidence relating to the unsuccessful mediation except in a 643
proceeding to impose sanctions for failure to appear at the 644
mediation conference. If the parties do not agree to continue 645
arbitration, the arbitrator shall enter an order of dismissal, 646
and either party may institute a suit in a community association 647
court program under s. 720.32 or a court of competent 648
jurisdiction. The parties may seek to recover any costs and 649
attorney fees incurred in connection with arbitration and 650
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mediation proceedings under this section as part of the costs 651
and fees that may be recovered by the prevailing party in any 652
subsequent litigation. 653
(k) The arbitration decision shall be rendered within 30 654
days after the hearing and presented to the parties in writing. 655
An arbitration decision is final in those disputes in which the 656
parties have agreed to be bound. An arbitration decision is also 657
final if a complaint for a trial de novo is not filed in a 658
community association court program under s. 720.32 or a court 659
of competent jurisdiction in which the condominium is located 660
within 30 days. The right to file for a trial de novo entitles 661
the parties to file a complaint in the appropriate trial court 662
for a judicial resolution of the dispute. The prevailing party 663
in an arbitration proceeding shall be awarded the costs of the 664
arbitration and reasonable attorney fees in an amount determined 665
by the arbitrator. Such an award shall include the costs and 666
reasonable attorney fees incurred in the arbitration proceeding 667
as well as the costs and reasonable attorney fees incurred in 668
preparing for and attending any scheduled mediation. An 669
arbitrator's failure to render a written decision within 30 days 670
after the hearing may result in the cancellation of his or her 671
arbitration certification. 672
(m) Any party to an arbitration proceeding may enforce an 673
arbitration award by filing a petition in a community 674
association court program under s. 720.32 or a court of 675
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competent jurisdiction in which the condominium is located. A 676
petition may not be granted unless the time for appeal by the 677
filing of a complaint for trial de novo has expired. If a 678
complaint for a trial de novo has been filed, a petition may not 679
be granted with respect to an arbitration award that has been 680
stayed. If the petition for enforcement is granted, the 681
petitioner shall recover reasonable attorney fees and costs 682
incurred in enforcing the arbitration award. A mediation 683
settlement may also be enforced through the county or circuit 684
court or a community association court program, as applicable, 685
and any costs and fees incurred in the enforcement of a 686
settlement agreement reached at mediation must be awarded to the 687
prevailing party in any enforcement action. 688
(5) PRESUIT MEDIATION.—In lieu of the initiation of 689
nonbinding arbitration as provided in subsections (1)-(4), a 690
party may submit a dispute to presuit mediation in accordance 691
with s. 720.311; however, election and recall disputes are not 692
eligible for mediation and such disputes must be arbitrated by 693
the division or filed in a court of competent jurisdiction. 694
Section 7. Subsection (7) of section 718.128, Florida 695
Statutes, is amended to read: 696
718.128 Electronic voting.—The association may conduct 697
elections and other unit owner votes through an Internet-based 698
online voting system if a unit owner consents, electronically or 699
in writing, to online voting and if the following requirements 700
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are met: 701
(7)(a) Unless the association has adopted electronic 702
voting in accordance with subsections (1)-(6), the association 703
must designate an e-mail address, independent website, 704
application, or Internet web portal for receipt of 705
electronically transmitted ballots. Electronically transmitted 706
ballots must meet all the requirements of this subsection. 707
(b) A unit owner may electronically transmit a ballot to 708
the e-mail address, independent website, application, or 709
Internet web portal designated by the association without 710
complying with s. 718.112(2)(d)3. s. 718.112(2)(d)4. or the 711
rules providing for the secrecy of ballots adopted by the 712
division. The association must count completed ballots that are 713
electronically transmitted to the designated e-mail address, 714
independent website, application, or Internet web portal, 715
provided the completed ballots comply with the requirements of 716
this subsection. 717
(c) A ballot that is electronically transmitted to the 718
association must include all of the following: 719
1. A space for the unit owner to type in his or her unit 720
number. 721
2. A space for the unit owner to type in his or her first 722
and last name, which also functions as the signature of the unit 723
owner for purposes of signing the ballot. 724
3. The following statement in capitalized letters and in a 725
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font size larger than any other font size used in the electronic 726
transmission e-mail from the association to the unit owner: 727
728
WAIVING THE SECRECY OF YOUR BALLOT IS YOUR CHOICE. YOU 729
DO NOT HAVE TO WAIVE THE SECRECY OF YOUR BALLOT IN 730
ORDER TO VOTE. BY TRANSMITTING YOUR COMPLETED BALLOT 731
THROUGH ELECTRONIC MEANS E-MAIL TO THE ASSOCIATION, 732
YOU WAIVE THE SECRECY OF YOUR COMPLETED BALLOT. IF YOU 733
DO NOT WISH TO WAIVE YOUR SECRECY BUT WISH TO 734
PARTICIPATE IN THE VOTE THAT IS THE SUBJECT OF THIS 735
BALLOT, PLEASE ATTEND THE IN-PERSON MEETING DURING 736
WHICH THE MATTER WILL BE VOTED ON. 737
738
(d) A unit owner must transmit his or her completed ballot 739
to the e-mail address, independent website, application, or 740
Internet web portal designated by the association no later than 741
the scheduled date and time of the meeting during which the 742
matter is being voted on. 743
(e) There is a rebuttable presumption that an association 744
has reviewed all folders associated with the e-mail address, 745
independent website, application, or Internet web portal 746
designated by the association to receive ballots if a board 747
member, an officer, or an agent of the association, or a manager 748
licensed under part VIII of chapter 468, provides a sworn 749
affidavit attesting to such review. 750
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Section 8. Subsections (19) through (29) of section 751
719.103, Florida Statutes, are renumbered as subsections (20) 752
through (30), respectively, and a new subsection (19) is added 753
to that section to read: 754
719.103 Definitions.—As used in this chapter: 755
(19) "Habitable" means a space in a building for living, 756
sleeping, eating, or cooking. Garages, carports, and storage or 757
utility spaces are not considered habitable. 758
Section 9. Paragraph (k) of subsection (1) of section 759
719.106, Florida Statutes, is amended to read: 760
719.106 Bylaws; cooperative ownership.— 761
(1) MANDATORY PROVISIONS.—The bylaws or other cooperative 762
documents shall provide for the following, and if they do not, 763
they shall be deemed to include the following: 764
(k) Structural integrity reserve study.— 765
1. A residential cooperative association must have a 766
structural integrity reserve study completed at least every 10 767
years for each building on the cooperative property that is 768
three habitable stories or higher in height, as determined by 769
the Florida Building Code, that includes, at a minimum, a study 770
of the following items as related to the structural integrity 771
and safety of the building: 772
a. Roof. 773
b. Structure, including load-bearing walls and other 774
primary structural members and primary structural systems as 775
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those terms are defined in s. 627.706. 776
c. Fireproofing and fire protection systems. 777
d. Plumbing. 778
e. Electrical systems. 779
f. Waterproofing and exterior painting. 780
g. Windows and exterior doors. 781
h. Any other item that has a deferred maintenance expense 782
or replacement cost that exceeds $25,000 or the inflation-783
adjusted amount determined by the division under subparagraph 784
(j)6., whichever is greater, and the failure to replace or 785
maintain such item negatively affects the items listed in sub-786
subparagraphs a.-g., as determined by the visual inspection 787
portion of the structural integrity reserve study. 788
2. A structural integrity reserve study is based on a 789
visual inspection of the cooperative property. 790
3.a. A structural integrity reserve study, including the 791
visual inspection portion of the structural integrity reserve 792
study, must be performed or verified by an engineer licensed 793
under chapter 471, an architect licensed under chapter 481, or a 794
person certified as a reserve specialist or professional reserve 795
analyst by the Community Associations Institute or the 796
Association of Professional Reserve Analysts. 797
b. Any design professional as defined in s. 558.002(7) or 798
contractor licensed under chapter 489 who bids to perform a 799
structural integrity reserve study must disclose in writing to 800
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the association his or her intent to bid on any services related 801
to any maintenance, repair, or replacement that may be 802
recommended by the structural integrity reserve study. Any 803
design professional as defined in s. 558.002 or contractor 804
licensed under chapter 489 who submits a bid to the association 805
for performing any services recommended by the structural 806
integrity reserve study may not have an interest, directly or 807
indirectly, in the firm or entity providing the association's 808
structural integrity reserve study or be a relative of any 809
person having a direct or indirect interest in such firm, unless 810
such relationship is disclosed to the association in writing. As 811
used in this section, the term "relative" means a relative 812
within the third degree of consanguinity by blood or marriage. A 813
contract for services is voidable and terminates upon the 814
association filing a written notice terminating the contract if 815
the design professional or licensed contractor failed to provide 816
the written disclosure of the relationship required under this 817
paragraph. A design professional or licensed contractor may be 818
subject to discipline under the applicable practice act for his 819
or her profession for failure to provide the written disclosure 820
of the relationship required under this subparagraph. 821
4.a. At a minimum, a structural integrity reserve study 822
must identify each item of the cooperative property being 823
visually inspected, state the estimated remaining useful life 824
and the estimated replacement cost or deferred maintenance 825
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expense of each item of the cooperative property being visually 826
inspected, and provide a reserve funding schedule with a 827
recommended annual reserve amount that achieves the estimated 828
replacement cost or deferred maintenance expense of each item of 829
cooperative property being visually inspected by the end of the 830
estimated remaining useful life of the item. The structural 831
integrity reserve study may recommend that reserves do not need 832
to be maintained for any item for which an estimate of useful 833
life and an estimate of replacement cost cannot be determined, 834
or the study may recommend a deferred maintenance expense amount 835
for such item. At a minimum, the structural integrity reserve 836
study must include a recommendation for a reserve funding 837
schedule based on a baseline funding plan that provides a 838
reserve funding goal in which the reserve funding for each 839
budget year is sufficient to maintain the reserve cash balance 840
above zero. The study may recommend other types of reserve 841
funding schedules, provided that each recommended schedule is 842
sufficient to meet the association's maintenance obligation. 843
b. The structural integrity reserve study may recommend 844
that reserves for replacement costs do not need to be maintained 845
for any item with an estimated remaining useful life of greater 846
than 25 years, but the study may recommend a deferred 847
maintenance expense amount for such item. If the structural 848
integrity reserve study recommends reserves for any item for 849
which reserves are not required under this paragraph, the amount 850
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of the recommended reserves for such item must be separately 851
identified in the structural integrity reserve study as an item 852
for which reserves are not required under this paragraph. 853
c. The structural integrity reserve study must take into 854
consideration the funding method or methods used by the 855
association to fund its maintenance and reserve funding 856
obligations through regular assessments, special assessments, 857
lines of credit, or loans. If the structural integrity reserve 858
study is performed before the association has approved a special 859
assessment or secured a line of credit or a loan, the structural 860
integrity reserve study must be updated to reflect the funding 861
method selected by the association and its effect on the reserve 862
funding schedule, including any anticipated change in the amount 863
of regular assessments. The structural integrity reserve study 864
may be updated to reflect any changes to the useful life of the 865
reserve items after such items are repaired or replaced, and the 866
effect such repair or replacement will have on the reserve 867
funding schedule. The association must obtain an updated 868
structural integrity reserve study before adopting any budget in 869
which the reserve funding from regular assessments, special 870
assessments, lines of credit, or loans does not align with the 871
funding plan from the most recent version of the structural 872
integrity reserve study. 873
5. This paragraph does not apply to buildings less than 874
three habitable stories in height; single-family, two-family, 875
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three-family, or four-family dwellings with three or fewer 876
habitable stories above ground; any portion or component of a 877
building that has not been submitted to the cooperative form of 878
ownership; or any portion or component of a building that is 879
maintained by a party other than the association. 880
6. Before a developer turns over control of an association 881
to unit owners other than the developer, the developer must have 882
a turnover inspection report in compliance with s. 719.301(4)(p) 883
and (q) for each building on the cooperative property that is 884
three stories or higher in height. 885
7. Associations existing on or before July 1, 2022, which 886
are controlled by unit owners other than the developer, must 887
have a structural integrity reserve study completed by December 888
31, 2024, for each building on the cooperative property that is 889
three habitable stories or higher in height. An association that 890
is required to complete a milestone inspection on or before 891
December 31, 2026, in accordance with s. 553.899 may complete 892
the structural integrity reserve study simultaneously with the 893
milestone inspection. In no event may the structural integrity 894
reserve study be completed after December 31, 2026. 895
8. If the milestone inspection required by s. 553.899, or 896
an inspection completed for a similar local requirement, was 897
performed within the past 5 years and meets the requirements of 898
this paragraph, such inspection may be used in place of the 899
visual inspection portion of the structural integrity reserve 900
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study. 901
9. If the association completes a milestone inspection 902
required by s. 553.899, or an inspection completed for a similar 903
local requirement, the association may delay performance of a 904
required structural integrity reserve study for no more than the 905
2 consecutive budget years immediately following the milestone 906
inspection in order to allow the association to focus its 907
financial resources on completing the repair and maintenance 908
recommendations of the milestone inspection. 909
10. If the officers or directors of an association 910
willfully and knowingly fail to complete a structural integrity 911
reserve study pursuant to this paragraph, such failure is a 912
breach of an officer's and director's fiduciary relationship to 913
the unit owners under s. 719.104(9). An officer or a director of 914
the association must sign an affidavit acknowledging receipt of 915
the completed structural integrity reserve study. 916
11. Within 45 days after receiving the structural 917
integrity reserve study, the association must distribute a copy 918
of the study to each unit owner or deliver to each unit owner a 919
notice that the completed study is available for inspection and 920
copying upon a written request. Distribution of a copy of the 921
study or notice must be made by United States mail or personal 922
delivery at the mailing address, property address, or any other 923
address of the owner provided to fulfill the association's 924
notice requirements under this chapter, or by electronic 925
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transmission to the e-mail address or facsimile number provided 926
to fulfill the association's notice requirements to unit owners 927
who previously consented to receive notice by electronic 928
transmission. 929
12. Within 45 days after receiving the structural 930
integrity reserve study, the association must provide the 931
division with a statement indicating that the study was 932
completed and that the association provided or made available 933
such study to each unit owner in accordance with this section. 934
Such statement must be provided to the division in the manner 935
established by the division using a form posted on the 936
division's website. 937
13. The division shall adopt by rule the form for the 938
structural integrity reserve study in coordination with the 939
Florida Building Commission. 940
Section 10. Subsections (8) through (13) of section 941
720.301, Florida Statutes, are renumbered as subsections (9) 942
through (14), respectively, and a new subsection (8) is added to 943
that section, to read: 944
720.301 Definitions.—As used in this chapter, the term: 945
(8) "Financial statements" means a comprehensive report 946
prepared in accordance with generally accepted accounting 947
principles which accurately reflects the financial condition and 948
operation of a homeowners' association for a specified reporting 949
period. This report must include, at a minimum, a balance sheet; 950
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an income and expense statement; a budget comparison; and a 951
complete set of bank statements, including copies of check 952
images for all disbursements the association made during the 953
reporting period, for each bank account belonging to the 954
association. 955
Section 11. Subsection (2) of section 720.302, Florida 956
Statutes, is amended to read: 957
720.302 Purposes, scope, and application.— 958
(2) The Legislature recognizes that it is not in the best 959
interest of homeowners' associations or the individual 960
association members thereof to create or impose a bureau or 961
other agency of state government to regulate the affairs of 962
homeowners' associations. However, in accordance with s. 963
720.311, the Legislature finds that homeowners' associations and 964
their individual members will benefit from an expedited 965
alternative process for resolution of election and recall 966
disputes and presuit mediation of other disputes involving 967
covenant enforcement and authorizes the department to hear, 968
administer, and determine these disputes as more fully set forth 969
in this chapter. Further, the Legislature recognizes that 970
certain contract rights have been created for the benefit of 971
homeowners' associations and members thereof before the 972
effective date of this act and that ss. 720.301-720.407 are not 973
intended to impair such contract rights, including, but not 974
limited to, the rights of the developer to complete the 975
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community as initially contemplated. 976
Section 12. Subsections (11) through (15) of section 977
720.303, Florida Statutes, are renumbered as subsections (12) 978
through (16), respectively, subsection (1) and paragraph (i) of 979
subsection (5) are amended, and a new subsection (11) is added 980
to that section, to read: 981
720.303 Association powers and duties; meetings of board; 982
official records; budgets; financial reporting; association 983
funds; recalls.— 984
(1) POWERS AND DUTIES.— 985
(a) An association that operates a community as defined in 986
s. 720.301 must be operated by an association that is a Florida 987
corporation. After October 1, 1995, the association must be 988
incorporated and the initial governing documents must be 989
recorded in the official records of the county in which the 990
community is located. An association may operate more than one 991
community. 992
(b) The officers and directors of an association are 993
subject to s. 617.0830 and have a fiduciary relationship to the 994
members who are served by the association. 995
(c) The powers and duties of an association include those 996
set forth in this chapter and, except as expressly limited or 997
restricted in this chapter, those set forth in the governing 998
documents. 999
1. Each association formed on or after July 1, 2026, must 1000
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include the following statement in the governing documents: 1001
1002
This association and the association's governing 1003
documents are governed by the Florida Homeowners' 1004
Association Act, as amended from time to time. 1005
1006
2. By January 1, 2027, each association in existence 1007
before July 1, 2026, must hold a meeting of the members in 1008
accordance with s. 720.306 to vote whether to amend the 1009
governing documents of the association to include the statement 1010
in subparagraph 1. The association must obtain the affirmative 1011
approval of two-thirds of the voting interests of the 1012
association at a meeting of the membership at which a quorum has 1013
been attained in order to amend the governing documents under 1014
this subparagraph. 1015
(d) After control of the association is obtained by 1016
members other than the developer, the association may institute, 1017
maintain, settle, or appeal actions or hearings in its name on 1018
behalf of all members concerning matters of common interest to 1019
the members, including, but not limited to, the common areas; 1020
roof or structural components of a building, or other 1021
improvements for which the association is responsible; 1022
mechanical, electrical, or plumbing elements serving an 1023
improvement or building for which the association is 1024
responsible; representations of the developer pertaining to any 1025
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existing or proposed commonly used facility; and protest of ad 1026
valorem taxes on commonly used facilities. The association may 1027
defend actions in eminent domain or bring inverse condemnation 1028
actions. Before commencing litigation against any party in the 1029
name of the association involving amounts in controversy in 1030
excess of $100,000, the association must obtain the affirmative 1031
approval of a majority of the voting interests at a meeting of 1032
the membership at which a quorum has been attained. This 1033
paragraph subsection does not limit any statutory or common-law 1034
right of any individual member or class of members to bring any 1035
action without participation by the association. 1036
(e) A member does not have authority to act for the 1037
association by virtue of being a member. An association may have 1038
more than one class of members and may issue membership 1039
certificates. 1040
(f) An association of 15 or fewer parcel owners may 1041
enforce only the requirements of those deed restrictions 1042
established prior to the purchase of each parcel upon an 1043
affected parcel owner or owners. 1044
(5) INSPECTION AND COPYING OF RECORDS.— 1045
(i)1. If an association receives a subpoena or written 1046
request for records from a prosecuting agency as defined in s. 1047
112.531 or a law enforcement agency, the association must 1048
provide a copy of such records or otherwise make the records 1049
available for inspection and copying to a law enforcement agency 1050
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or prosecuting agency within 5 business days after receipt of 1051
the subpoena or written request, unless otherwise specified by 1052
the law enforcement agency, prosecuting agency, or subpoena, or 1053
written request. An association must assist a law enforcement 1054
agency in its investigation to the extent permissible by law. 1055
2. A director or member of the board or association or a 1056
community association manager who willfully and knowingly fails 1057
to provide a copy of records, or otherwise fails to make the 1058
records available for inspection and copying, to a law 1059
enforcement agency or prosecuting agency as required under 1060
subparagraph 1. commits a misdemeanor of the second degree, 1061
punishable as provided in s. 775.082 or s. 775.083. 1062
(11) CONFLICTS OF INTEREST.— 1063
(a) A director, an officer, or a committee member of an 1064
association owes a duty of loyalty to the association and its 1065
members. 1066
(b) A conflict of interest exists when a director, an 1067
officer, or a committee member has a direct or an indirect 1068
financial interest in a transaction, contract, or decision under 1069
consideration by the association. 1070
(c) The director, officer, or committee member with a 1071
conflict of interest must disclose the nature and extent of the 1072
conflict in writing to the board before any discussion or vote 1073
occurs on the matter. 1074
(d) After disclosure of the conflict of interest, the 1075
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conflicted director, officer, or committee member may not 1076
participate in any discussion or vote on the matter. 1077
(e) A transaction involving a conflict of interest is 1078
voidable by the association unless the transaction was approved 1079
by a majority of the voting interests of the association after 1080
full disclosure by the conflicted director, officer, or 1081
committee member has occurred. 1082
(f) Compensating or contracting with a director, an 1083
officer, or a committee member of the association, or an 1084
immediate family member thereof, creates a rebuttable 1085
presumption that a conflict of interest exists. 1086
(g) This subsection may not be waived or limited by the 1087
governing documents of the association. 1088
Section 13. Paragraph (b) of subsection (1) of section 1089
720.3035, Florida Statutes, is amended to read: 1090
720.3035 Architectural control covenants; parcel owner 1091
improvements; rights and privileges.— 1092
(1) 1093
(b) An association or any architectural, construction 1094
improvement, or other such similar committee of an association 1095
may not enforce or adopt a covenant, rule, or guideline that: 1096
1. Limits or places requirements on the interior of a 1097
structure that is not visible from the parcel's frontage or an 1098
adjacent parcel, an adjacent common area, or a community golf 1099
course. 1100
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2. Requires the review and approval of plans and 1101
specifications for a central air-conditioning, refrigeration, 1102
heating, or ventilating system by the association or any 1103
architectural, construction improvement, or other such similar 1104
committee of an association, if such system is not visible from 1105
the parcel's frontage, an adjacent parcel, an adjacent common 1106
area, or a community golf course and is substantially similar to 1107
a system that is approved or recommended by the association or a 1108
committee thereof. 1109
3. Requires that a specific type of material be used on 1110
the building or rebuilding of a roof, provided the built or 1111
rebuilt roof appears to be substantially identical in shape and 1112
color to the roofing requirements created by the association or 1113
any architectural, construction improvement, or other similar 1114
committee of the association and that such roofing materials 1115
adhere to the roof systems recognized by the Florida Building 1116
Code which meet ASCE 7-22 standards pursuant to paragraph 1117
(6)(c). 1118
Section 14. Paragraph (h) of subsection (1) of section 1119
720.306, Florida Statutes, is amended to read: 1120
720.306 Meetings of members; voting and election 1121
procedures; amendments.— 1122
(1) QUORUM; AMENDMENTS.— 1123
(h)1. Except as otherwise provided in this paragraph, any 1124
governing document, or amendment to a governing document, that 1125
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is enacted after July 1, 2021, and that prohibits or regulates 1126
rental agreements applies only to a parcel owner who acquires 1127
title to the parcel after the effective date of the governing 1128
document or amendment, or to a parcel owner who consents, 1129
individually or through a representative, to the governing 1130
document or amendment. 1131
2. Notwithstanding subparagraph 1., an association may 1132
amend its governing documents to prohibit or regulate rental 1133
agreements for a term of less than 6 months and may prohibit the 1134
rental of a parcel for more than three times in a calendar year, 1135
and such amendments shall apply to all parcel owners. 1136
3. This paragraph does not affect the amendment 1137
restrictions for associations of 15 or fewer parcel owners under 1138
s. 720.303(1)(f) s. 720.303(1). 1139
4. For purposes of this paragraph, a change of ownership 1140
does not occur when a parcel owner conveys the parcel to an 1141
affiliated entity, when beneficial ownership of the parcel does 1142
not change, or when an heir becomes the parcel owner. For 1143
purposes of this subparagraph, the term "affiliated entity" 1144
means an entity that controls, is controlled by, or is under 1145
common control with the parcel owner or that becomes a parent or 1146
successor entity by reason of transfer, merger, consolidation, 1147
public offering, reorganization, dissolution or sale of stock, 1148
or transfer of membership partnership interests. For a 1149
conveyance to be recognized as one made to an affiliated entity, 1150
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the entity must furnish to the association a document certifying 1151
that this subparagraph applies and provide any organizational 1152
documents for the parcel owner and the affiliated entity which 1153
support the representations in the certificate, as requested by 1154
the association. 1155
5. For purposes of this paragraph, a change of ownership 1156
does occur when, with respect to a parcel owner that is a 1157
business entity, every person that owned an interest in the real 1158
property at the time of the enactment of the amendment or rule 1159
conveys their interest in the real property to an unaffiliated 1160
entity. 1161
Section 15. Paragraph (g) is added to subsection (3) of 1162
section 720.3075, Florida Statutes, to read: 1163
720.3075 Prohibited clauses in association documents.— 1164
(3) Homeowners' association documents, including 1165
declarations of covenants, articles of incorporation, or bylaws, 1166
may not preclude: 1167
(g) A property owner from using any type of building 1168
material to build or rebuild his or her roof, provided the built 1169
or rebuilt roof appears to be substantially identical in shape 1170
and color to the roofing requirements created by the association 1171
or any architectural, construction improvement, or other similar 1172
committee of the association and that such roofing materials 1173
adhere to the roof systems recognized by the Florida Building 1174
Code which meet ASCE 7-22 standards pursuant to paragraph 1175
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(6)(c). 1176
Section 16. Section 720.311, Florida Statutes, is amended 1177
to read: 1178
720.311 Dispute resolution.— 1179
(1) The Legislature finds that alternative dispute 1180
resolution has made progress in reducing court dockets and 1181
trials and in offering a more efficient, cost-effective option 1182
to litigation. The filing of any petition for arbitration tolls 1183
or the serving of a demand for presuit mediation as provided for 1184
in this section shall toll the applicable statute of 1185
limitations. Any recall dispute filed with the department under 1186
s. 720.303(10) must shall be conducted by the department in 1187
accordance with the provisions of ss. 718.112(2)(l) and 718.1255 1188
and the rules adopted by the division. In addition, the 1189
department shall conduct binding arbitration of election 1190
disputes between a member and an association in accordance with 1191
s. 718.1255 and rules adopted by the division. Election disputes 1192
and recall disputes are not eligible for presuit mediation; 1193
these disputes must be arbitrated by the department or filed in 1194
a court of competent jurisdiction. The arbitration proceeding 1195
must be conducted by a department arbitrator or by a private 1196
arbitrator certified by the department. At the conclusion of an 1197
arbitration proceeding, the department shall charge the parties 1198
a fee in an amount adequate to cover all costs and expenses 1199
incurred by the department in conducting the proceeding. 1200
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Initially, the petitioner shall remit a filing fee of at least 1201
$200 to the department. The fees paid to the department shall 1202
become a recoverable cost in the arbitration proceeding, and the 1203
prevailing party in an arbitration proceeding shall recover its 1204
reasonable costs and attorney fees in an amount found reasonable 1205
by the arbitrator. The department shall adopt rules to 1206
effectuate the purposes of this section. 1207
(2)(a) Disputes between an association and a parcel owner 1208
regarding use of or changes to the parcel or the common areas 1209
and other covenant enforcement disputes, disputes regarding 1210
amendments to the association documents, disputes regarding 1211
meetings of the board and committees appointed by the board, 1212
membership meetings not including election meetings, and access 1213
to the official records of the association shall be the subject 1214
of a demand for presuit mediation served by an aggrieved party 1215
before the dispute is filed in court. Presuit mediation 1216
proceedings must be conducted in accordance with the applicable 1217
Florida Rules of Civil Procedure, and these proceedings are 1218
privileged and confidential to the same extent as court-ordered 1219
mediation. Disputes subject to presuit mediation under this 1220
section shall not include the collection of any assessment, 1221
fine, or other financial obligation, including attorney's fees 1222
and costs, claimed to be due or any action to enforce a prior 1223
mediation settlement agreement between the parties. Also, in any 1224
dispute subject to presuit mediation under this section where 1225
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emergency relief is required, a motion for temporary injunctive 1226
relief may be filed with the court without first complying with 1227
the presuit mediation requirements of this section. After any 1228
issues regarding emergency or temporary relief are resolved, the 1229
court may either refer the parties to a mediation program 1230
administered by the courts or require mediation under this 1231
section. An arbitrator or judge may not consider any information 1232
or evidence arising from the presuit mediation proceeding except 1233
in a proceeding to impose sanctions for failure to attend a 1234
presuit mediation session or to enforce a mediated settlement 1235
agreement. Persons who are not parties to the dispute may not 1236
attend the presuit mediation conference without the consent of 1237
all parties, except for counsel for the parties and a corporate 1238
representative designated by the association. When mediation is 1239
attended by a quorum of the board, such mediation is not a board 1240
meeting for purposes of notice and participation set forth in s. 1241
720.303. An aggrieved party shall serve on the responding party 1242
a written demand to participate in presuit mediation in 1243
substantially the following form: 1244
STATUTORY OFFER TO PARTICIPATE 1245
IN PRESUIT MEDIATION 1246
The alleged aggrieved party, ................, hereby 1247
demands that ................, as the responding 1248
party, engage in mandatory presuit mediation in 1249
connection with the following disputes, which by 1250
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statute are of a type that are subject to presuit 1251
mediation: 1252
(List specific nature of the dispute or disputes to be 1253
mediated and the authority supporting a finding of a 1254
violation as to each dispute.) 1255
Pursuant to section 720.311, Florida Statutes, this 1256
demand to resolve the dispute through presuit 1257
mediation is required before a lawsuit can be filed 1258
concerning the dispute. Pursuant to the statute, the 1259
parties are required to engage in presuit mediation 1260
with a neutral third-party mediator in order to 1261
attempt to resolve this dispute without court action, 1262
and the aggrieved party demands that you likewise 1263
agree to this process. If you fail to participate in 1264
the mediation process, suit may be brought against you 1265
without further warning. 1266
The process of mediation involves a supervised 1267
negotiation process in which a trained, neutral third-1268
party mediator meets with both parties and assists 1269
them in exploring possible opportunities for resolving 1270
part or all of the dispute. By agreeing to participate 1271
in presuit mediation, you are not bound in any way to 1272
change your position. Furthermore, the mediator has no 1273
authority to make any decisions in this matter or to 1274
determine who is right or wrong and merely acts as a 1275
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facilitator to ensure that each party understands the 1276
position of the other party and that all options for 1277
reasonable settlement are fully explored. 1278
If an agreement is reached, it shall be reduced to 1279
writing and becomes a binding and enforceable 1280
commitment of the parties. A resolution of one or more 1281
disputes in this fashion avoids the need to litigate 1282
these issues in court. The failure to reach an 1283
agreement, or the failure of a party to participate in 1284
the process, results in the mediator declaring an 1285
impasse in the mediation, after which the aggrieved 1286
party may proceed to court on all outstanding, 1287
unsettled disputes. If you have failed or refused to 1288
participate in the entire mediation process, you will 1289
not be entitled to recover attorney's fees, even if 1290
you prevail. 1291
The aggrieved party has selected and hereby lists five 1292
certified mediators who we believe to be neutral and 1293
qualified to mediate the dispute. You have the right 1294
to select any one of these mediators. The fact that 1295
one party may be familiar with one or more of the 1296
listed mediators does not mean that the mediator 1297
cannot act as a neutral and impartial facilitator. Any 1298
mediator who cannot act in this capacity is required 1299
ethically to decline to accept engagement. The 1300
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mediators that we suggest, and their current hourly 1301
rates, are as follows: 1302
(List the names, addresses, telephone numbers, and 1303
hourly rates of the mediators. Other pertinent 1304
information about the background of the mediators may 1305
be included as an attachment.) 1306
You may contact the offices of these mediators to 1307
confirm that the listed mediators will be neutral and 1308
will not show any favoritism toward either party. The 1309
Florida Supreme Court can provide you a list of 1310
certified mediators. 1311
Unless otherwise agreed by the parties, section 1312
720.311(2)(b), Florida Statutes, requires that the 1313
parties share the costs of presuit mediation equally, 1314
including the fee charged by the mediator. An average 1315
mediation may require three to four hours of the 1316
mediator's time, including some preparation time, and 1317
the parties would need to share equally the mediator's 1318
fees as well as their own attorney's fees if they 1319
choose to employ an attorney in connection with the 1320
mediation. However, use of an attorney is not required 1321
and is at the option of each party. The mediators may 1322
require the advance payment of some or all of the 1323
anticipated fees. The aggrieved party hereby agrees to 1324
pay or prepay one-half of the mediator's estimated 1325
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fees and to forward this amount or such other 1326
reasonable advance deposits as the mediator requires 1327
for this purpose. Any funds deposited will be returned 1328
to you if these are in excess of your share of the 1329
fees incurred. 1330
To begin your participation in presuit mediation to 1331
try to resolve the dispute and avoid further legal 1332
action, please sign below and clearly indicate which 1333
mediator is acceptable to you. We will then ask the 1334
mediator to schedule a mutually convenient time and 1335
place for the mediation conference to be held. The 1336
mediation conference must be held within ninety (90) 1337
days of this date, unless extended by mutual written 1338
agreement. In the event that you fail to respond 1339
within 20 days from the date of this letter, or if you 1340
fail to agree to at least one of the mediators that we 1341
have suggested or to pay or prepay to the mediator 1342
one-half of the costs involved, the aggrieved party 1343
will be authorized to proceed with the filing of a 1344
lawsuit against you without further notice and may 1345
seek an award of attorney's fees or costs incurred in 1346
attempting to obtain mediation. 1347
Therefore, please give this matter your immediate 1348
attention. By law, your response must be mailed by 1349
certified mail, return receipt requested, and by 1350
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first-class mail to the address shown on this demand. 1351
........................ 1352
........................ 1353
RESPONDING PARTY: YOUR SIGNATURE INDICATES YOUR 1354
AGREEMENT TO THAT CHOICE. 1355
AGREEMENT TO MEDIATE 1356
The undersigned hereby agrees to participate in 1357
presuit mediation and agrees to attend a mediation 1358
conducted by the following mediator or mediators who 1359
are listed above as someone who would be acceptable to 1360
mediate this dispute: 1361
(List acceptable mediator or mediators.) 1362
I/we further agree to pay or prepay one-half of the 1363
mediator's fees and to forward such advance deposits 1364
as the mediator may require for this purpose. 1365
........................ 1366
Signature of responding party #1 1367
........................ 1368
Telephone contact information 1369
........................ 1370
Signature and telephone contact information of 1371
responding party #2 (if applicable)(if property is 1372
owned by more than one person, all owners must sign) 1373
(b) Service of the statutory demand to participate in 1374
presuit mediation shall be effected by sending a letter in 1375
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substantial conformity with the above form by certified mail, 1376
return receipt requested, with an additional copy being sent by 1377
regular first-class mail, to the address of the responding party 1378
as it last appears on the books and records of the association. 1379
The responding party has 20 days from the date of the mailing of 1380
the statutory demand to serve a response to the aggrieved party 1381
in writing. The response shall be served by certified mail, 1382
return receipt requested, with an additional copy being sent by 1383
regular first-class mail, to the address shown on the statutory 1384
demand. Notwithstanding the foregoing, once the parties have 1385
agreed on a mediator, the mediator may reschedule the mediation 1386
for a date and time mutually convenient to the parties. The 1387
parties shall share the costs of presuit mediation equally, 1388
including the fee charged by the mediator, if any, unless the 1389
parties agree otherwise, and the mediator may require advance 1390
payment of its reasonable fees and costs. The failure of any 1391
party to respond to a demand or response, to agree upon a 1392
mediator, to make payment of fees and costs within the time 1393
established by the mediator, or to appear for a scheduled 1394
mediation session without the approval of the mediator, shall 1395
constitute the failure or refusal to participate in the 1396
mediation process and shall operate as an impasse in the presuit 1397
mediation by such party, entitling the other party to proceed in 1398
court and to seek an award of the costs and fees associated with 1399
the mediation. Additionally, notwithstanding the provisions of 1400
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any other law or document, persons who fail or refuse to 1401
participate in the entire mediation process may not recover 1402
attorney's fees and costs in subsequent litigation relating to 1403
the dispute. If any presuit mediation session cannot be 1404
scheduled and conducted within 90 days after the offer to 1405
participate in mediation was filed, an impasse shall be deemed 1406
to have occurred unless both parties agree to extend this 1407
deadline. 1408
(2)(c) In If presuit mediation as described in paragraph 1409
(a) is not successful in resolving all issues between the 1410
parties, the parties may file the unresolved dispute in a court 1411
of competent jurisdiction or elect to enter into binding or 1412
nonbinding arbitration pursuant to the procedures set forth in 1413
s. 718.1255 and rules adopted by the division, with the 1414
arbitration proceeding to be conducted by a department 1415
arbitrator or by a private arbitrator certified by the 1416
department. If all parties do not agree to arbitration 1417
proceedings following an unsuccessful presuit mediation, any 1418
party may file the dispute in court. A final order resulting 1419
from nonbinding arbitration is final and enforceable in the 1420
courts if a complaint for trial de novo is not filed in a court 1421
of competent jurisdiction within 30 days after entry of the 1422
order. As to any issue or dispute that is not resolved at 1423
arbitration presuit mediation, and as to any issue that is 1424
settled at arbitration presuit mediation but is thereafter 1425
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subject to an action seeking enforcement of the mediation 1426
settlement, the prevailing party in any subsequent arbitration 1427
or litigation proceeding may shall be entitled to seek recovery 1428
of all costs and attorney attorney's fees incurred in the 1429
arbitration presuit mediation process. 1430
(3)(d) An A mediator or arbitrator is shall be authorized 1431
to conduct mediation or arbitration under this section only if 1432
he or she has been certified as a circuit court civil mediator 1433
or arbitrator, respectively, pursuant to the requirements 1434
established by the Florida Supreme Court. Settlement agreements 1435
resulting from mediation shall not have precedential value in 1436
proceedings involving parties other than those participating in 1437
the mediation to support either a claim or defense in other 1438
disputes. 1439
(e) The presuit mediation procedures provided by this 1440
subsection may be used by a Florida corporation responsible for 1441
the operation of a community in which the voting members are 1442
parcel owners or their representatives, in which membership in 1443
the corporation is not a mandatory condition of parcel 1444
ownership, or which is not authorized to impose an assessment 1445
that may become a lien on the parcel. 1446
Section 17. Section 720.319, Florida Statutes, is created 1447
to read: 1448
720.319 Dissolution of homeowners' association.— 1449
(1) This section may be cited as the "Homeowners' 1450
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Association Dissolution and Accountability Act." 1451
(2) The Legislature finds that: 1452
(a) Homeowners' associations are created as authorized by 1453
general law and are subject to covenants that encumber the land 1454
and restrict the use of real property. 1455
(b) In some circumstances, the continued enforcement of 1456
those covenants may no longer serve the homeowners' or 1457
community's interest and it is the public policy of this state 1458
to provide by general law a method to preserve the value of the 1459
property interests and the rights of alienation thereof that 1460
homeowners have in their parcels before and after termination. 1461
(c) It is contrary to the public policy of this state to 1462
require the continued operation of a homeowners' association 1463
when such continuation is made impossible by law or regulation. 1464
(d) It is in the best interest of this state to provide 1465
for termination of the declaration of covenants in certain 1466
circumstances in order to: 1467
1. Prevent covenants from impairing the continued 1468
productive use of the property. 1469
2. Provide fair treatment and just compensation for parcel 1470
owners and preserve property values and the local property tax 1471
base. 1472
3. Preserve the state's long history of protecting 1473
homestead property rights by ensuring that such protection is 1474
extended to parcel owners whose parcel is their homestead in the 1475
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context of a termination of a declaration of covenants for an 1476
association. 1477
(3) A homeowners' association may be terminated by a plan 1478
of termination that meets the requirements of this section and 1479
is approved by a community association court program under s. 1480
720.32. 1481
(4) A plan of termination is subject to the following 1482
conditions: 1483
(a) The total voting interests of the association must 1484
include all voting interests for the purpose of considering a 1485
plan of termination. A voting interest of the association may 1486
not be suspended for any reason when voting on termination under 1487
this section. 1488
(b) If the members reject a plan of termination, a 1489
subsequent plan of termination under this section may not be 1490
considered for at least 18 months after the date of the 1491
rejection. 1492
(c) A plan of termination must be approved by at least 1493
two-thirds of the total voting interests of the association. 1494
(d) A parcel owner desiring to reject a plan of 1495
termination must do so by either voting in person or by proxy to 1496
reject the plan or by delivering a written objection to the 1497
association before or at the meeting called under subsection 1498
(5). 1499
(5)(a) A parcel owner who wishes to terminate a 1500
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homeowners' association in which he or she is a member must 1501
provide to the board of administration a petition for a plan of 1502
termination that is signed by at least 50 percent of the voting 1503
members of the association. The board must notify the city in 1504
which the homeowners' association is located in writing, 1505
including, but not limited to, through e-mail, that a plan of 1506
termination has begun and hold a meeting of the members within 1507
60 days after receipt of the signed petition. A voting interest 1508
of the association may not be suspended for any reason for 1509
purposes of signing the petition or determining whether the 50 1510
percent threshold for such petition has been met under this 1511
paragraph. 1512
(b) Notice of such meeting must be made in accordance with 1513
s. 720.303(2) and include the following information: 1514
1. A copy of the proposed plan of dissolution. 1515
2. An explanation of how the common areas and the assets 1516
of the association will be managed or transferred. 1517
3. The manner in which voting will take place. 1518
(c) If the board fails to call a meeting within the 60-day 1519
time period, any member may petition a community association 1520
court program under s. 720.32 or, if a community association 1521
court program does not exist in the judicial circuit in which 1522
the association is located, another court of competent 1523
jurisdiction for an order compelling compliance with this 1524
section. 1525
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(6) If a plan of termination is approved, the board must 1526
submit such plan to the community association court program in 1527
the judicial circuit in which the association is located or, if 1528
a community association court program does not exist, another 1529
court of competent jurisdiction. The court shall examine the 1530
plan of termination and determine its procedural sufficiency 1531
and, within 45 days after receipt of the plan, notify the 1532
association by mail of any procedural deficiencies or that the 1533
plan is accepted. If notice is not provided within the 45-day 1534
time period, the plan of termination is deemed accepted. If the 1535
court determines that the conditions required by this section 1536
have been met and that the plan of termination complies with the 1537
procedural requirements of this section, the court must 1538
authorize the termination and the termination may proceed as 1539
authorized in this section. 1540
(7)(a) A plan of termination and the consents or joinders 1541
of parcel owners must be recorded in the public records of each 1542
county in which any portion of the association is located. The 1543
plan is effective only upon recordation or at a later date 1544
specified in the plan. 1545
(b) Upon recordation or at a later date specified in the 1546
plan of termination, title to the association property vests in 1547
a termination trustee. The board serves as such trustee unless 1548
another person is appointed in the plan of termination. If the 1549
board is not the termination trustee, the board must transfer 1550
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any association property to such trustee. The termination 1551
trustee is vested with the powers given by the declaration and 1552
bylaws of the association and subsection (9). If the board is 1553
unable, unwilling, or fails to act as termination trustee, a 1554
parcel owner may petition the community association court 1555
program to appoint a termination trustee. 1556
(8) If the board fails to hold the meeting under 1557
subsection (5), obstructs the termination process, or refuses to 1558
record the decision of the members to terminate, a member may 1559
file a petition with the community association court program in 1560
the judicial circuit in which the association is located or, if 1561
a community association court program does not exist, another 1562
court of competent jurisdiction. A community association court 1563
program may do all of the following: 1564
(a) Verify compliance with the procedural requirements of 1565
this section and all statutory voting requirements. 1566
(b) Order the Department of State to dissolve the 1567
homeowners' association. 1568
(c) Appoint a termination trustee to manage the 1569
distribution of assets and resolution of liabilities. 1570
(9) The approval of the plan of termination does not 1571
terminate the board of administration, which shall continue in 1572
existence following approval of the plan of termination with all 1573
powers and duties such board had before approval of the plan. 1574
Notwithstanding any provision to the contrary in the declaration 1575
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or bylaws, after approval of the plan of termination the board 1576
must: 1577
(a) Employ directors, agents, attorneys, and other 1578
professionals to liquidate or conclude the board's affairs. 1579
(b) Conduct the affairs of the association as necessary 1580
for the liquidation or termination. 1581
(c) Carry out contracts and collect, pay, and settle debts 1582
and claims for and against the association. 1583
(d) Defend suits brought against the association. 1584
(e) Sue in the name of the association for all sums due or 1585
owed to the association or to recover any association property. 1586
(f) Perform any act necessary to maintain, repair, or 1587
demolish unsafe or uninhabitable improvements or other 1588
association property in compliance with applicable codes. 1589
(g) Sell at public or private sale or exchange, convey, or 1590
otherwise dispose of assets of the association for an amount 1591
deemed to be in the best interests of the association, and 1592
execute bills of sale and deeds of conveyance in the name of the 1593
association. 1594
(h) Collect and receive rents, profits, accounts 1595
receivable, income, maintenance fees, special assessments, or 1596
insurance proceeds for the association. 1597
(i) Contract and do anything in the name of the 1598
association which is proper or convenient to terminate the 1599
affairs of the association. 1600
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(10)(a) All remaining association assets after the payment 1601
of any lawful debts must be distributed equally among members or 1602
as otherwise provided in the plan of termination. 1603
(b) A member may not be subject to personal liability for 1604
unpaid obligations beyond the member's regular assessments or 1605
special assessments that existed before the vote for 1606
termination. 1607
(11)(a) The following actions by an association or the 1608
officers or directors thereof are unlawful: 1609
1. Failing to call or notice a meeting after receipt of a 1610
valid petition for a plan of termination. 1611
2. Spending association funds to campaign for or against 1612
the plan of termination. 1613
3. Concealing any financial or property records relevant 1614
to the plan of termination. 1615
(b) An officer or a director who violates paragraph (a) is 1616
subject to any of the following: 1617
1. A civil penalty of up to $5,000 per violation. 1618
2. Removal from office by court order. 1619
3. Personal liability for legal fees incurred by the 1620
petitioners. 1621
Section 18. Section 720.32, Florida Statutes, is created 1622
to read: 1623
720.32 Community association court program.— 1624
(1) It is the intent of the Legislature to encourage and 1625
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support the judicial circuits of the state to create and 1626
maintain a community association court program in each judicial 1627
circuit. The purpose of a community association court program is 1628
to provide an optional, voluntary process for community 1629
associations and the members thereof to address disputes as an 1630
alternative to entering into mediation or arbitration. It is the 1631
intent of the Legislature that this section provide a detailed 1632
statewide standard for the creation, operation, and procedures 1633
for community association court programs. 1634
(2) A circuit court may create and administer a community 1635
association court program. The chief judge shall designate at 1636
least one judge to preside over the community association court 1637
program. The chief judge may issue administrative orders 1638
concerning the community association court program. 1639
(3) The community association court program has 1640
jurisdiction over disputes, including any related termination or 1641
enforcement proceedings, arising under any of the following: 1642
(a) Chapter 718, the Condominium Act. 1643
(b) Chapter 719, the Cooperative Act. 1644
(c) Chapter 720, the Homeowners' Association Act. 1645
(4) The community association court program may do all of 1646
the following: 1647
(a) Enforce all statutory rights of unit owners and parcel 1648
owners. 1649
(b) Verify and compel compliance with all statutory 1650
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requirements by community associations, boards of 1651
administration, and officers or directors of such boards. 1652
(c) Order the Department of State to dissolve a community 1653
association. 1654
(d) Appoint a termination trustee to manage the 1655
distribution of association assets and resolution of 1656
liabilities. 1657
(e) Impose civil penalties for violations of statutory 1658
rights. 1659
(f) Issue injunctive relief as appropriate. 1660
(g) Award reasonable attorney fees and costs as 1661
appropriate. 1662
(5) By January 1 of each year, the chief judge in each 1663
judicial circuit in which a community association court program 1664
is created shall submit to the President of the Senate and the 1665
Speaker of the House of Representatives a report that summarizes 1666
the caseload of each community association court program and the 1667
outcomes of such caseload. 1668
(6) The Office of the State Courts Administrator shall 1669
establish procedure, staffing, and reporting requirements for 1670
the operation of the community association court program. 1671
(7) The costs associated with the creation, operation, and 1672
compliance and enforcement duties of the community association 1673
court program shall be funded as authorized by and consistent 1674
with funding appropriated in the General Appropriations Act. 1675
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(8) Funds specifically appropriated by an operating 1676
appropriation or a nonoperating transfer from the Division of 1677
Florida Condominiums, Timeshares, and Mobile Homes Trust Fund to 1678
the state court system to support judicial functions relating to 1679
community associations which remain unencumbered as of June 30 1680
or undisbursed as of September 30 each year shall revert to the 1681
Division of Florida Condominiums, Timeshares, and Mobile Homes 1682
Trust Fund. 1683
(9) This section does not apply to timeshare condominium 1684
associations or timeshare cooperative associations unless the 1685
facilities of such associations include homestead condominium 1686
units or homestead cooperative units. 1687
Section 19. Subsections (11), (13), and (17) of section 1688
26.031, Florida Statutes, are amended to read: 1689
26.031 Judicial circuits; number of judges.—The number of 1690
circuit judges in each circuit shall be as follows: 1691
JUDICIAL CIRCUIT TOTAL 1692
(11) Eleventh..........................................8583 1693
(13) Thirteenth........................................4645 1694
(17) Seventeenth.......................................5958 1695
Section 20. The amendments made by this act to s. 26.031, 1696
Florida Statutes, are for the purpose of authorizing additional 1697
judgeships specifically for the community association court 1698
program created in s. 720.32, Florida Statutes, by this act. 1699
Section 21. Paragraph (d) of subsection (1) of section 1700
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34.01, Florida Statutes, is amended to read: 1701
34.01 Jurisdiction of county court.— 1702
(1) County courts shall have original jurisdiction: 1703
(d) Of disputes occurring in the homeowners' associations 1704
as described in s. 720.311(2)(a), which shall be concurrent with 1705
jurisdiction of the circuit courts. 1706
Section 22. Paragraph (a) of subsection (1) of section 1707
336.125, Florida Statutes, is amended to read: 1708
336.125 Closing and abandonment of roads; optional 1709
conveyance to homeowners' association; traffic control 1710
jurisdiction.— 1711
(1)(a) In addition to the authority provided in s. 336.12, 1712
the governing body of the county may abandon the roads and 1713
rights-of-way dedicated in a recorded residential subdivision 1714
plat and simultaneously convey the county's interest in such 1715
roads, rights-of-way, and appurtenant drainage facilities to a 1716
homeowners' association for the subdivision, if the following 1717
conditions have been met: 1718
1. The homeowners' association has requested the 1719
abandonment and conveyance in writing for the purpose of 1720
converting the subdivision to a gated neighborhood with 1721
restricted public access. 1722
2. No fewer than four-fifths of the owners of record of 1723
property located in the subdivision have consented in writing to 1724
the abandonment and simultaneous conveyance to the homeowners' 1725
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association. 1726
3. The homeowners' association is both a corporation not 1727
for profit organized and in good standing under chapter 617, and 1728
a "homeowners' association" as defined in s. 720.301 s. 1729
720.301(9) with the power to levy and collect assessments for 1730
routine and periodic major maintenance and operation of street 1731
lighting, drainage, sidewalks, and pavement in the subdivision. 1732
4. The homeowners' association has entered into and 1733
executed such agreements, covenants, warranties, and other 1734
instruments; has provided, or has provided assurance of, such 1735
funds, reserve funds, and funding sources; and has satisfied 1736
such other requirements and conditions as may be established or 1737
imposed by the county with respect to the ongoing operation, 1738
maintenance, and repair and the periodic reconstruction or 1739
replacement of the roads, drainage, street lighting, and 1740
sidewalks in the subdivision after the abandonment by the 1741
county. 1742
Section 23. Subsection (2) of section 558.002, Florida 1743
Statutes, is amended to read: 1744
558.002 Definitions.—As used in this chapter, the term: 1745
(2) "Association" has the same meaning as in s. 718.103, 1746
s. 719.103(2), s. 720.301(10) s. 720.301(9), or s. 723.075. 1747
Section 24. Subsection (6) of section 617.0601, Florida 1748
Statutes, is amended to read: 1749
617.0601 Members, generally.— 1750
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(6) Subsections (1), (2), (3), and (4) do not apply to a 1751
corporation that is an association as defined in s. 720.301(10) 1752
s. 720.301. 1753
Section 25. Subsection (6) of section 617.0701, Florida 1754
Statutes, is amended to read: 1755
617.0701 Meetings of members, generally; failure to hold 1756
annual meeting; special meeting; consent to corporate actions 1757
without meetings; waiver of notice of meetings.— 1758
(6) Subsections (1) and (3) do not apply to any 1759
corporation that is an association as defined in s. 720.301(10) 1760
s. 720.301; a corporation regulated by chapter 718, chapter 719, 1761
chapter 720, chapter 721, or chapter 723; or a corporation where 1762
membership in such corporation is required pursuant to a 1763
document recorded in the county property records. 1764
Section 26. Subsection (7) of section 617.0721, Florida 1765
Statutes, is amended to read: 1766
617.0721 Voting by members.— 1767
(7) Subsections (1), (5), and (6) do not apply to a 1768
corporation that is an association, as defined in s. 720.301(10) 1769
s. 720.301, or a corporation regulated by chapter 718 or chapter 1770
719. 1771
Section 27. Section 617.0725, Florida Statutes, is amended 1772
to read: 1773
617.0725 Quorum.—An amendment to the articles of 1774
incorporation or the bylaws which adds, changes, or deletes a 1775
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greater or lesser quorum or voting requirement must meet the 1776
same quorum or voting requirement and be adopted by the same 1777
vote and voting groups required to take action under the quorum 1778
and voting requirements then in effect or proposed to be 1779
adopted, whichever is greater. This section does not apply to 1780
any corporation that is an association, as defined in s. 1781
720.301(10) s. 720.301(9), or any corporation regulated under 1782
chapter 718 or chapter 719. 1783
Section 28. Subsection (3) of section 617.0808, Florida 1784
Statutes, is amended to read: 1785
617.0808 Removal of directors.— 1786
(3) This section does not apply to any corporation that is 1787
an association, as defined in s. 720.301(10) s. 720.301, or a 1788
corporation regulated under chapter 718 or chapter 719. 1789
Section 29. Section 617.1606, Florida Statutes, is amended 1790
to read: 1791
617.1606 Access to records.—Sections 617.1601-617.1605 do 1792
not apply to a corporation that is an association, as defined in 1793
s. 720.301(10) s. 720.301, or a corporation regulated under 1794
chapter 718 or chapter 719. 1795
Section 30. Paragraph (b) of subsection (1) of section 1796
718.116, Florida Statutes, is amended to read: 1797
718.116 Assessments; liability; lien and priority; 1798
interest; collection.— 1799
(1) 1800
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(b)1. The liability of a first mortgagee or its successor 1801
or assignees who acquire title to a unit by foreclosure or by 1802
deed in lieu of foreclosure for the unpaid assessments that 1803
became due before the mortgagee's acquisition of title is 1804
limited to the lesser of: 1805
a. The unit's unpaid common expenses and regular periodic 1806
assessments which accrued or came due during the 12 months 1807
immediately preceding the acquisition of title and for which 1808
payment in full has not been received by the association; or 1809
b. One percent of the original mortgage debt. The 1810
provisions of this paragraph apply only if the first mortgagee 1811
joined the association as a defendant in the foreclosure action. 1812
Joinder of the association is not required if, on the date the 1813
complaint is filed, the association was dissolved or did not 1814
maintain an office or agent for service of process at a location 1815
which was known to or reasonably discoverable by the mortgagee. 1816
2. An association, or its successor or assignee, that 1817
acquires title to a unit through the foreclosure of its lien for 1818
assessments is not liable for any unpaid assessments, late fees, 1819
interest, or reasonable attorney's fees and costs that came due 1820
before the association's acquisition of title in favor of any 1821
other association, as defined in s. 718.103 or s. 720.301(10) s. 1822
720.301(9), which holds a superior lien interest on the unit. 1823
This subparagraph is intended to clarify existing law. 1824
Section 31. Paragraph (d) of subsection (1) and paragraph 1825
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(e) of subsection (2) of section 718.503, Florida Statutes, are 1826
amended to read: 1827
718.503 Developer disclosure prior to sale; nondeveloper 1828
unit owner disclosure prior to sale; voidability.— 1829
(1) DEVELOPER DISCLOSURE.— 1830
(d) Milestone inspection, turnover inspection report, or 1831
structural integrity reserve study.—If the association is 1832
required to have completed a milestone inspection as described 1833
in s. 553.899, a turnover inspection report for a turnover 1834
inspection performed on or after July 1, 2023, or a structural 1835
integrity reserve study, and the association has not completed 1836
the milestone inspection, the turnover inspection report, or the 1837
structural integrity reserve study, each contract entered into 1838
after December 31, 2024, for the sale of a residential unit 1839
shall contain in conspicuous type a statement indicating that 1840
the association is required to have a milestone inspection, a 1841
turnover inspection report, or a structural integrity reserve 1842
study and has not completed such inspection, report, or study, 1843
as appropriate. If the association is not required to have a 1844
milestone inspection as described in s. 553.899 or a structural 1845
integrity reserve study, each contract entered into after 1846
December 31, 2024, for the sale of a residential unit shall 1847
contain in conspicuous type a statement indicating that the 1848
association is not required to have a milestone inspection or a 1849
structural integrity reserve study, as appropriate. If the 1850
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association has completed a milestone inspection as described in 1851
s. 553.899, a turnover inspection report for a turnover 1852
inspection performed on or after July 1, 2023, or a structural 1853
integrity reserve study, each contract entered into after 1854
December 31, 2024, for the sale of a residential unit shall 1855
contain in conspicuous type: 1856
1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES 1857
THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR-1858
PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED 1859
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF 1860
THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION 1861
718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A 1862
COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY 1863
RESERVE STUDY DESCRIBED IN SECTIONS 718.103(29) 718.103(26) AND 1864
718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15 1865
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE 1866
EXECUTION OF THIS CONTRACT; and 1867
2. A clause which states: THIS AGREEMENT IS VOIDABLE BY 1868
BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO 1869
CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL 1870
HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE 1871
BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR-1872
PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED 1873
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF 1874
THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION 1875
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718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A 1876
COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY 1877
RESERVE STUDY DESCRIBED IN SECTIONS 718.103(29) 718.103(26) AND 1878
718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED 1879
WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER 1880
MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15 1881
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER 1882
THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED 1883
SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN 1884
SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER 1885
INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q), 1886
FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST RECENT 1887
STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS 1888
718.103(29) 718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF 1889
REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL 1890
TERMINATE AT CLOSING. 1891
1892
A contract that does not conform to the requirements of this 1893
paragraph is voidable at the option of the purchaser before 1894
closing. 1895
(2) NONDEVELOPER DISCLOSURE.— 1896
(e) If the association is required to have completed a 1897
milestone inspection as described in s. 553.899, a turnover 1898
inspection report for a turnover inspection performed on or 1899
after July 1, 2023, or a structural integrity reserve study, and 1900
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the association has not completed the milestone inspection, the 1901
turnover inspection report, or the structural integrity reserve 1902
study, each contract entered into after December 31, 2024, for 1903
the sale of a residential unit shall contain in conspicuous type 1904
a statement indicating that the association is required to have 1905
a milestone inspection, a turnover inspection report, or a 1906
structural integrity reserve study and has not completed such 1907
inspection, report, or study, as appropriate. If the association 1908
is not required to have a milestone inspection as described in 1909
s. 553.899 or a structural integrity reserve study, each 1910
contract entered into after December 31, 2024, for the sale of a 1911
residential unit shall contain in conspicuous type a statement 1912
indicating that the association is not required to have a 1913
milestone inspection or a structural integrity reserve study, as 1914
appropriate. If the association has completed a milestone 1915
inspection as described in s. 553.899, a turnover inspection 1916
report for a turnover inspection performed on or after July 1, 1917
2023, or a structural integrity reserve study, each contract 1918
entered into after December 31, 2024, for the resale of a 1919
residential unit shall contain in conspicuous type: 1920
1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES 1921
THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR-1922
PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED 1923
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF 1924
THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION 1925
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718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A 1926
COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY 1927
RESERVE STUDY DESCRIBED IN SECTIONS 718.103(29) 718.103(26) AND 1928
718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 7 1929
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE 1930
EXECUTION OF THIS CONTRACT; and 1931
2. A clause which states: THIS AGREEMENT IS VOIDABLE BY 1932
BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO 1933
CANCEL WITHIN 7 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL 1934
HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE 1935
BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR-1936
PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED 1937
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF 1938
THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION 1939
718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A 1940
COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY 1941
RESERVE STUDY DESCRIBED IN SECTIONS 718.103(29) 718.103(26) AND 1942
718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED 1943
WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER 1944
MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 7 1945
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER 1946
THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED 1947
SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN 1948
SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER 1949
INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q), 1950
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FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST RECENT 1951
STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS 1952
718.103(29) 718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF 1953
REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL 1954
TERMINATE AT CLOSING. 1955
1956
A contract that does not conform to the requirements of this 1957
paragraph is voidable at the option of the purchaser before 1958
closing. 1959
Section 32. Paragraph (d) of subsection (1) and paragraph 1960
(d) of subsection (2) of section 719.503, Florida Statutes, are 1961
amended to read: 1962
719.503 Disclosure prior to sale.— 1963
(1) DEVELOPER DISCLOSURE.— 1964
(d) Milestone inspection, turnover inspection report, or 1965
structural integrity reserve study.—If the association is 1966
required to have completed a milestone inspection as described 1967
in s. 553.899, a turnover inspection report for a turnover 1968
inspection performed on or after July 1, 2023, or a structural 1969
integrity reserve study, and the association has not completed 1970
the milestone inspection, the turnover inspection report, or the 1971
structural integrity reserve study, each contract entered into 1972
after December 31, 2024, for the sale of a residential unit 1973
shall contain in conspicuous type a statement indicating that 1974
the association is required to have a milestone inspection, a 1975
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turnover inspection report, or a structural integrity reserve 1976
study and has not completed such inspection, report, or study, 1977
as appropriate. If the association is not required to have a 1978
milestone inspection as described in s. 553.899 or a structural 1979
integrity reserve study, each contract entered into after 1980
December 31, 2024, for the sale of a residential unit shall 1981
contain in conspicuous type a statement indicating that the 1982
association is not required to have a milestone inspection or a 1983
structural integrity reserve study, as appropriate. If the 1984
association has completed a milestone inspection as described in 1985
s. 553.899, a turnover inspection report for a turnover 1986
inspection performed on or after July 1, 2023, or a structural 1987
integrity reserve study, each contract entered into after 1988
December 31, 2024, for the sale of a residential unit shall 1989
contain in conspicuous type: 1990
1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES 1991
THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR-1992
PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED 1993
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF 1994
THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION 1995
719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A 1996
COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY 1997
RESERVE STUDY DESCRIBED IN SECTIONS 719.103(25) 719.103(24) AND 1998
719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15 1999
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE 2000
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EXECUTION OF THIS CONTRACT; and 2001
2. A clause which states: THIS AGREEMENT IS VOIDABLE BY 2002
BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO 2003
CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL 2004
HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE 2005
BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR-2006
PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED 2007
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF 2008
THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION 2009
719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A 2010
COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY 2011
RESERVE STUDY DESCRIBED IN SECTIONS 719.103(25) 719.103(24) AND 2012
719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED 2013
WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER 2014
MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15 2015
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER 2016
THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED 2017
SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN 2018
SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER 2019
INSPECTION REPORT DESCRIBED IN SECTION 719.301(4)(p) AND (q), 2020
FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST RECENT 2021
STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS 2022
719.103(25) 719.103(24) AND 719.106(1)(k), FLORIDA STATUTES, IF 2023
REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL 2024
TERMINATE AT CLOSING. 2025
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2026
A contract that does not conform to the requirements of this 2027
paragraph is voidable at the option of the purchaser before 2028
closing. 2029
(2) NONDEVELOPER DISCLOSURE.— 2030
(d) If the association is required to have completed a 2031
milestone inspection as described in s. 553.899, a turnover 2032
inspection report for a turnover inspection performed on or 2033
after July 1, 2023, or a structural integrity reserve study, and 2034
the association has not completed the milestone inspection, the 2035
turnover inspection report, or the structural integrity reserve 2036
study, each contract entered into after December 31, 2024, for 2037
the sale of a residential unit shall contain in conspicuous type 2038
a statement indicating that the association is required to have 2039
a milestone inspection, a turnover inspection report, or a 2040
structural integrity reserve study and has not completed such 2041
inspection, report, or study, as appropriate. If the association 2042
is not required to have a milestone inspection as described in 2043
s. 553.899 or a structural integrity reserve study, each 2044
contract entered into after December 31, 2024, for the sale of a 2045
residential unit shall contain in conspicuous type a statement 2046
indicating that the association is not required to have a 2047
milestone inspection or a structural integrity reserve study, as 2048
appropriate. If the association has completed a milestone 2049
inspection as described in s. 553.899, a turnover inspection 2050
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report for a turnover inspection performed on or after July 1, 2051
2023, or a structural integrity reserve study, each contract 2052
entered into after December 31, 2024, for the resale of a 2053
residential unit shall contain in conspicuous type: 2054
1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES 2055
THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR-2056
PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED 2057
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF 2058
THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION 2059
719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A 2060
COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY 2061
RESERVE STUDY DESCRIBED IN SECTIONS 719.103(25) 719.103(24) AND 2062
719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 7 2063
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE 2064
EXECUTION OF THIS CONTRACT; and 2065
2. A clause which states: THIS AGREEMENT IS VOIDABLE BY 2066
BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO 2067
CANCEL WITHIN 7 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL 2068
HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE 2069
BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR-2070
PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED 2071
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF 2072
THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION 2073
719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A 2074
COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY 2075
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RESERVE STUDY DESCRIBED IN SECTIONS 719.103(25) 719.103(24) AND 2076
719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED 2077
WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER 2078
MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 7 2079
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER 2080
THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED 2081
SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN 2082
SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER 2083
INSPECTION REPORT DESCRIBED IN SECTION 719.301(4)(p) AND (q), 2084
FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST RECENT 2085
STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS 2086
719.103(25) 719.103(24) AND 719.106(1)(k), FLORIDA STATUTES, IF 2087
REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL 2088
TERMINATE AT CLOSING. 2089
2090
A contract that does not conform to the requirements of this 2091
paragraph is voidable at the option of the purchaser before 2092
closing. 2093
Section 33. Paragraph (d) of subsection (2) of section 2094
720.3085, Florida Statutes, is amended to read: 2095
720.3085 Payment for assessments; lien claims.— 2096
(2) 2097
(d) An association, or its successor or assignee, that 2098
acquires title to a parcel through the foreclosure of its lien 2099
for assessments is not liable for any unpaid assessments, late 2100
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fees, interest, or reasonable attorney's fees and costs that 2101
came due before the association's acquisition of title in favor 2102
of any other association, as defined in s. 718.103 or s. 2103
720.301(10) s. 720.301(9), which holds a superior lien interest 2104
on the parcel. This paragraph is intended to clarify existing 2105
law. 2106
Section 34. For the purpose of incorporating the amendment 2107
made by this act to section 720.3035, Florida Statutes, in a 2108
reference thereto, subsection (9) of section 617.0825, Florida 2109
Statutes, is reenacted to read: 2110
617.0825 Board committees and advisory committees.— 2111
(9) This section does not apply to a committee established 2112
under chapter 718, chapter 719, or chapter 720 to perform the 2113
functions set forth in s. 718.303(3), s. 719.303(3), s. 2114
720.3035(1), s. 720.305(2), or s. 720.405, respectively. 2115
Section 35. This act shall take effect July 1, 2026. 2116