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HB 1541 2026
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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 the use of audioconferencing by 2
community associations; amending ss. 718.103, 719.103, 3
and 720.301, F.S.; defining the term "audio 4
conference"; amending s. 718.111, F.S.; revising the 5
list of official records that a condominium 6
association is required to maintain to include audio 7
conference recordings; amending s. 718.112, F.S.; 8
revising association meeting requirements and 9
authorizing associations to use audioconferencing, in 10
addition to videoconferencing, or to use both; 11
amending s. 718.1265, F.S.; revising the emergency 12
powers of a condominium association to include the 13
power to conduct meetings and elections via 14
audioconferencing; amending s. 719.106, F.S.; revising 15
the quorum requirements for residential cooperative 16
association meetings to include audioconferencing; 17
amending ss. 719.128 and 720.316, F.S.; revising the 18
emergency powers of a residential cooperative 19
association and a homeowners' association, 20
respectively, to include the power to conduct meetings 21
and elections via audioconferencing; reenacting and 22
amending s. 718.501, F.S.; conforming a provision to 23
changes made by the act; amending ss. 336.125, 24
558.002, 617.0725, 718.116, 718.503, 719.503, and 25
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720.3085, F.S.; conforming cross-references; 26
reenacting s. 723.0791, F.S., relating to mobile home 27
cooperative homeowners' associations elections, to 28
incorporate the amendment made to s. 719.106, F.S., in 29
a reference thereto; providing an effective date. 30
31
Be It Enacted by the Legislature of the State of Florida: 32
33
Section 1. Present subsections (5) through (35) of section 34
718.103, Florida Statutes, are redesignated as subsections (6) 35
through (36), respectively, and a new subsection (5) is added to 36
that section, to read: 37
718.103 Definitions.—As used in this chapter, the term: 38
(5) "Audio conference" means a real-time, audio-based 39
meeting between two or more people in different locations using 40
an audio-enabled device. 41
Section 2. Paragraphs (a) and (g) of subsection (12) of 42
section 718.111, Florida Statutes, are amended to read: 43
718.111 The association.— 44
(12) OFFICIAL RECORDS.— 45
(a) From the inception of the association, the association 46
shall maintain each of the following items, if applicable, which 47
constitutes the official records of the association: 48
1. A copy of the plans, permits, warranties, and other 49
items provided by the developer under s. 718.301(4). 50
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2. A copy of the recorded declaration of condominium of 51
each condominium operated by the association and each amendment 52
to each declaration. 53
3. A copy of the recorded bylaws of the association and 54
each amendment to the bylaws. 55
4. A certified copy of the articles of incorporation of 56
the association, or other documents creating the association, 57
and each amendment thereto. 58
5. A copy of the current rules of the association. 59
6. A book or books or electronic records that contain the 60
minutes of all meetings of the association, the board of 61
administration, any committee, and the unit owners, and a 62
recording of all such meetings that are conducted by audio 63
conference or video conference, or both. If there are approved 64
minutes for a meeting held by audio conference or video 65
conference, or both, recordings of meetings that are conducted 66
by audio conference or video conference, or both, must be 67
maintained for at least 1 year after the date the audio or video 68
recording is posted as required under paragraph (g). 69
7. A current roster of all unit owners and their mailing 70
addresses, unit identifications, voting certifications, and, if 71
known, telephone numbers. The association shall also maintain 72
the e-mail addresses and facsimile numbers of unit owners 73
consenting to receive notice by electronic transmission. In 74
accordance with sub-subparagraph (c)5.e., the e-mail addresses 75
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and facsimile numbers are only accessible to unit owners if 76
consent to receive notice by electronic transmission is 77
provided, or if the unit owner has expressly indicated that such 78
personal information can be shared with other unit owners and 79
the unit owner has not provided the association with a request 80
to opt out of such dissemination with other unit owners. An 81
association must ensure that the e-mail addresses and facsimile 82
numbers are only used for the business operation of the 83
association and may not be sold or shared with outside third 84
parties. If such personal information is included in documents 85
that are released to third parties, other than unit owners, the 86
association must redact such personal information before the 87
document is disseminated. However, the association is not liable 88
for an inadvertent disclosure of the e-mail address or facsimile 89
number for receiving electronic transmission of notices unless 90
such disclosure was made with a knowing or intentional disregard 91
of the protected nature of such information. 92
8. All current insurance policies of the association and 93
condominiums operated by the association. 94
9. A current copy of any management agreement, lease, or 95
other contract to which the association is a party or under 96
which the association or the unit owners have an obligation or 97
responsibility. 98
10. Bills of sale or transfer for all property owned by 99
the association. 100
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11. Accounting records for the association and separate 101
accounting records for each condominium that the association 102
operates. Any person who knowingly or intentionally defaces or 103
destroys such records, or who knowingly or intentionally fails 104
to create or maintain such records, with the intent of causing 105
harm to the association or one or more of its members, is 106
personally subject to a civil penalty pursuant to s. 107
718.501(1)(e). The accounting records must include, but are not 108
limited to: 109
a. Accurate, itemized, and detailed records of all 110
receipts and expenditures, including all bank statements and 111
ledgers. 112
b. All invoices, transaction receipts, or deposit slips 113
that substantiate any receipt or expenditure of funds by the 114
association. 115
c. A current account and a monthly, bimonthly, or 116
quarterly statement of the account for each unit designating the 117
name of the unit owner, the due date and amount of each 118
assessment, the amount paid on the account, and the balance due. 119
d. All audits, reviews, accounting statements, structural 120
integrity reserve studies, and financial reports of the 121
association or condominium. Structural integrity reserve studies 122
must be maintained for at least 15 years after the study is 123
completed. 124
e. All contracts for work to be performed. Bids for work 125
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to be performed are also considered official records and must be 126
maintained by the association for at least 1 year after receipt 127
of the bid. 128
12. Ballots, sign-in sheets, voting proxies, and all other 129
papers and electronic records relating to voting by unit owners, 130
which must be maintained for 1 year from the date of the 131
election, vote, or meeting to which the document relates, 132
notwithstanding paragraph (b). 133
13. All rental records if the association is acting as 134
agent for the rental of condominium units. 135
14. A copy of the current question and answer sheet as 136
described in s. 718.504. 137
15. A copy of the inspection reports described in ss. 138
553.899 and 718.301(4)(p) and any other inspection report 139
relating to a structural or life safety inspection of 140
condominium property. Such record must be maintained by the 141
association for 15 years after receipt of the report. 142
16. Bids for materials, equipment, or services. 143
17. All affirmative acknowledgments made pursuant to s. 144
718.121(4)(c). 145
18. A copy of all building permits. 146
19. A copy of all satisfactorily completed board member 147
educational certificates. 148
20. A copy of all affidavits required by this chapter. 149
21. All other written records of the association not 150
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specifically included in the foregoing which are related to the 151
operation of the association. 152
(g)1. An association managing a condominium with 25 or 153
more units which does not contain timeshare units shall post 154
digital copies of the documents specified in subparagraph 2. on 155
its website or make such documents available through an 156
application that can be downloaded on a mobile device. Unless a 157
shorter period is otherwise required, a document must be made 158
available on the association's website or made available for 159
download through an application on a mobile device within 30 160
days after the association receives or creates an official 161
record specified in subparagraph 2. 162
a. The association's website or application must be: 163
(I) An independent website, application, or web portal 164
wholly owned and operated by the association; or 165
(II) A website, application, or web portal operated by a 166
third-party provider with whom the association owns, leases, 167
rents, or otherwise obtains the right to operate a web page, 168
subpage, web portal, collection of subpages or web portals, or 169
an application which is dedicated to the association's 170
activities and on which required notices, records, and documents 171
may be posted or made available by the association. 172
b. The association's website or application must be 173
accessible through the Internet and must contain a subpage, web 174
portal, or other protected electronic location that is 175
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inaccessible to the general public and accessible only to unit 176
owners and employees of the association. 177
c. Upon a unit owner's written request, the association 178
must provide the unit owner with a username and password and 179
access to the protected sections of the association's website or 180
application which contain any notices, records, or documents 181
that must be electronically provided. 182
2. A current copy of the following documents must be 183
posted in digital format on the association's website or 184
application: 185
a. The recorded declaration of condominium of each 186
condominium operated by the association and each amendment to 187
each declaration. 188
b. The recorded bylaws of the association and each 189
amendment to the bylaws. 190
c. The articles of incorporation of the association, or 191
other documents creating the association, and each amendment to 192
the articles of incorporation or other documents. The copy 193
posted pursuant to this sub-subparagraph must be a copy of the 194
articles of incorporation filed with the Department of State. 195
d. The rules of the association. 196
e. The approved minutes of all board of administration 197
meetings over the preceding 12 months. 198
f. The audio or video recording or a hyperlink to the 199
audio or video recording for all meetings of the association, 200
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the board of administration, any committee, and the unit owners 201
which were are conducted by audio conference or video 202
conference, or both, over the preceding 12 months. 203
g. A list of all executory contracts or documents to which 204
the association is a party or under which the association or the 205
unit owners have an obligation or responsibility and, after 206
bidding for the related materials, equipment, or services has 207
closed, a list of bids received by the association within the 208
past year. Summaries of bids for materials, equipment, or 209
services which exceed $500 must be maintained on the website or 210
application for 1 year. In lieu of summaries, complete copies of 211
the bids may be posted. 212
h. The annual budget required by s. 718.112(2)(f) and any 213
proposed budget to be considered at the annual meeting. 214
i. The financial report required by subsection (13) and 215
any monthly income or expense statement to be considered at a 216
meeting. 217
j. The certification of each director required by s. 218
718.112(2)(d)4.b. 219
k. All contracts or transactions between the association 220
and any director, officer, corporation, firm, or association 221
that is not an affiliated condominium association or any other 222
entity in which an association director is also a director or 223
officer and financially interested. 224
l. Any contract or document regarding a conflict of 225
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interest or possible conflict of interest as provided in ss. 226
468.4335, 468.436(2)(b)6., and 718.3027(3). 227
m. The notice of any unit owner meeting and the agenda for 228
the meeting, as required by s. 718.112(2)(d)3., no later than 14 229
days before the meeting. The notice must be posted in plain view 230
on the front page of the website or application, or on a 231
separate subpage of the website or application labeled "Notices" 232
which is conspicuously visible and linked from the front page. 233
The association must also post on its website or application any 234
document to be considered and voted on by the owners during the 235
meeting or any document listed on the agenda at least 7 days 236
before the meeting at which the document or the information 237
within the document will be considered. 238
n. Notice of any board meeting, the agenda, and any other 239
document required for the meeting as required by s. 240
718.112(2)(c), which must be posted no later than the date 241
required for notice under s. 718.112(2)(c). 242
o. The inspection reports described in ss. 553.899 and 243
718.301(4)(p) and any other inspection report relating to a 244
structural or life safety inspection of condominium property. 245
p. The association's most recent structural integrity 246
reserve study, if applicable. 247
q. Copies of all building permits issued for ongoing or 248
planned construction. 249
r. A copy of all affidavits required by this chapter. 250
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3. The association shall ensure that the information and 251
records described in paragraph (c), which are not allowed to be 252
accessible to unit owners, are not posted on the association's 253
website or application. If protected information or information 254
restricted from being accessible to unit owners is included in 255
documents that are required to be posted on the association's 256
website or application, the association shall ensure the 257
information is redacted before posting the documents. 258
Notwithstanding the foregoing, the association or its agent is 259
not liable for disclosing information that is protected or 260
restricted under this paragraph unless such disclosure was made 261
with a knowing or intentional disregard of the protected or 262
restricted nature of such information. 263
4. The failure of the association to post information 264
required under subparagraph 2. is not in and of itself 265
sufficient to invalidate any action or decision of the 266
association's board or its committees. 267
Section 3. Paragraphs (b) through (e) of subsection (2) of 268
section 718.112, Florida Statutes, are amended to read: 269
718.112 Bylaws.— 270
(2) REQUIRED PROVISIONS.—The bylaws shall provide for the 271
following and, if they do not do so, shall be deemed to include 272
the following: 273
(b) Quorum; voting requirements; proxies.— 274
1. Unless a lower number is provided in the bylaws, the 275
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percentage of voting interests required to constitute a quorum 276
at a meeting of the members is a majority of the voting 277
interests. Unless otherwise provided in this chapter or in the 278
declaration, articles of incorporation, or bylaws, and except as 279
provided in subparagraph (d)4., decisions shall be made by a 280
majority of the voting interests represented at a meeting at 281
which a quorum is present. 282
2. Except as specifically otherwise provided herein, unit 283
owners in a residential condominium may not vote by general 284
proxy, but may vote by limited proxies substantially conforming 285
to a limited proxy form adopted by the division. A voting 286
interest or consent right allocated to a unit owned by the 287
association may not be exercised or considered for any purpose, 288
whether for a quorum, an election, or otherwise. Limited proxies 289
and general proxies may be used to establish a quorum. Limited 290
proxies shall be used for votes taken to waive or reduce 291
reserves in accordance with subparagraph (f)2.; for votes taken 292
to waive the financial reporting requirements of s. 718.111(13); 293
for votes taken to amend the declaration pursuant to s. 718.110; 294
for votes taken to amend the articles of incorporation or bylaws 295
pursuant to this section; and for any other matter for which 296
this chapter requires or permits a vote of the unit owners. 297
Except as provided in paragraph (d), a proxy, limited or 298
general, may not be used in the election of board members in a 299
residential condominium. General proxies may be used for other 300
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matters for which limited proxies are not required, and may be 301
used in voting for nonsubstantive changes to items for which a 302
limited proxy is required and given. Notwithstanding this 303
subparagraph, unit owners may vote in person at unit owner 304
meetings. This subparagraph does not limit the use of general 305
proxies or require the use of limited proxies for any agenda 306
item or election at any meeting of a timeshare condominium 307
association or a nonresidential condominium association. 308
3. A proxy given is effective only for the specific 309
meeting for which originally given and any lawfully adjourned 310
meetings thereof. A proxy is not valid longer than 90 days after 311
the date of the first meeting for which it was given. Each proxy 312
is revocable at any time at the pleasure of the unit owner 313
executing it. 314
4. A member of the board of administration or a committee 315
may submit in writing his or her agreement or disagreement with 316
any action taken at a meeting that the member did not attend. 317
This agreement or disagreement may not be used as a vote for or 318
against the action taken or to create a quorum. 319
5. A board meeting may be conducted in person or by audio 320
conference or video conference, or both. A board or committee 321
member's participation in a meeting via telephone, real-time 322
audioconferencing or videoconferencing, or similar real-time 323
electronic, audio, or video communication counts toward a 324
quorum, and such member may vote as if physically present. A 325
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speaker must be used so that the conversation of such members 326
may be heard by the board or committee members attending in 327
person as well as by any unit owners present at a meeting. The 328
division shall adopt rules pursuant to ss. 120.536 and 120.54 329
governing the requirements for meetings. 330
(c) Board of administration meetings.—In a residential 331
condominium association of more than 10 units, the board of 332
administration shall meet at least once each quarter. At least 333
four times each year, the meeting agenda must include an 334
opportunity for members to ask questions of the board. Meetings 335
of the board of administration at which a quorum of the members 336
is present are open to all unit owners. Members of the board of 337
administration may use e-mail as a means of communication but 338
may not cast a vote on an association matter via e-mail. A unit 339
owner may tape record or videotape the meetings. The right to 340
attend such meetings includes the right to speak at such 341
meetings with reference to all designated agenda items and the 342
right to ask questions relating to reports on the status of 343
construction or repair projects, the status of revenues and 344
expenditures during the current fiscal year, and other issues 345
affecting the condominium. The division shall adopt reasonable 346
rules governing the tape recording and videotaping of the 347
meeting. The association may adopt written reasonable rules 348
governing the frequency, duration, and manner of unit owner 349
statements. 350
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1. Adequate notice of all board meetings, which must 351
specifically identify all agenda items, must be posted 352
conspicuously on the condominium property at least 48 continuous 353
hours before the meeting except in an emergency. If the board 354
meeting is to be conducted via audio conference or video 355
conference, or both, the notice must state that such meeting 356
will be via audio conference or video conference, or both, and 357
must include a hyperlink and a conference telephone number for 358
unit owners to attend the meeting via video conference, as well 359
as the address of the physical location where the unit owners 360
can attend the meeting in person. If the meeting is conducted 361
via audio conference or video conference, or both, it must be 362
recorded and such recording must be maintained as an official 363
record of the association. If 20 percent of the voting interests 364
petition the board to address an item of business, the board, 365
within 60 days after receipt of the petition, must shall place 366
the item on the agenda at its next regular board meeting or at a 367
special meeting called for that purpose. An item not included on 368
the notice may be taken up on an emergency basis by a vote of at 369
least a majority plus one of the board members. Such emergency 370
action must be noticed and ratified at the next regular board 371
meeting. Written notice of a meeting at which a nonemergency 372
special assessment or an amendment to rules regarding unit use 373
will be considered must be mailed, delivered, or electronically 374
transmitted to the unit owners and posted conspicuously on the 375
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condominium property at least 14 days before the meeting. 376
Evidence of compliance with this 14-day notice requirement must 377
be made by an affidavit executed by the person providing the 378
notice and filed with the official records of the association. 379
2. Upon notice to the unit owners, the board shall, by 380
duly adopted rule, designate a specific location on the 381
condominium property at which all notices of board meetings must 382
be posted. If there is no condominium property at which notices 383
can be posted, notices must shall be mailed, delivered, or 384
electronically transmitted to each unit owner at least 14 days 385
before the meeting. In lieu of or in addition to the physical 386
posting of the notice on the condominium property, the 387
association may, by reasonable rule, adopt a procedure for 388
conspicuously posting and repeatedly broadcasting the notice and 389
the agenda on a closed-circuit cable television system serving 390
the condominium association. However, if broadcast notice is 391
used in lieu of a notice physically posted on condominium 392
property, the notice and agenda must be broadcast at least four 393
times every broadcast hour of each day that a posted notice is 394
otherwise required under this section. If broadcast notice is 395
provided, the notice and agenda must be broadcast in a manner 396
and for a sufficient continuous length of time so as to allow an 397
average reader to observe the notice and read and comprehend the 398
entire content of the notice and the agenda. In addition to any 399
of the authorized means of providing notice of a meeting of the 400
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board, the association may, by rule, adopt a procedure for 401
conspicuously posting the meeting notice and the agenda on a 402
website serving the condominium association for at least the 403
minimum period of time for which a notice of a meeting is also 404
required to be physically posted on the condominium property. 405
Any rule adopted must shall, in addition to other matters, 406
include a requirement that the association send an electronic 407
notice in the same manner as a notice for a meeting of the 408
members, which must include a hyperlink to the website at which 409
the notice is posted, to unit owners whose e-mail addresses are 410
included in the association's official records. 411
3. Notice of any meeting in which regular or special 412
assessments against unit owners are to be considered must 413
specifically state that assessments will be considered and 414
provide the estimated cost and description of the purposes for 415
such assessments. If an agenda item relates to the approval of a 416
contract for goods or services, a copy of the contract must be 417
provided with the notice and be made available for inspection 418
and copying upon a written request from a unit owner or made 419
available on the association's website or through an application 420
that can be downloaded on a mobile device. 421
4. Meetings of a committee to take final action on behalf 422
of the board or make recommendations to the board regarding the 423
association budget are subject to this paragraph. Meetings of a 424
committee that does not take final action on behalf of the board 425
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or make recommendations to the board regarding the association 426
budget are subject to this section, unless those meetings are 427
exempted from this section by the bylaws of the association. 428
5. Notwithstanding any other law, the requirement that 429
board meetings and committee meetings be open to the unit owners 430
does not apply to: 431
a. Meetings between the board or a committee and the 432
association's attorney, with respect to proposed or pending 433
litigation, if the meeting is held for the purpose of seeking or 434
rendering legal advice; or 435
b. Board meetings held for the purpose of discussing 436
personnel matters. 437
(d) Unit owner meetings.— 438
1. An annual meeting of the unit owners must be held at 439
the location provided in the association bylaws and, if the 440
bylaws are silent as to the location, the meeting must be held 441
within 15 miles of the condominium property or within the same 442
county as the condominium property. However, such distance 443
requirement does not apply to an association governing a 444
timeshare condominium. If a unit owner meeting is conducted via 445
audio conference or video conference, or both, a unit owner may 446
vote electronically in the manner provided in s. 718.128. 447
2. Unit owner meetings, including the annual meeting of 448
the unit owners, may be conducted in person or via audio 449
conference or video conference, or both. If the annual meeting 450
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of the unit owners is conducted via audio conference or video 451
conference, or both, a quorum of the members of the board of 452
administration must be physically present at the physical 453
location where unit owners can attend the meeting. The location 454
must be provided in the association bylaws and, if the bylaws 455
are silent as to the location, the meeting must be held within 456
15 miles of the condominium property or within the same county 457
as the condominium property. If the unit owner meeting is 458
conducted via audio or video conference, or both, the audio 459
conference or video conference, or both, must be recorded and 460
such recording must be maintained as an official record of the 461
association. The division shall adopt rules pursuant to ss. 462
120.536 and 120.54 governing the requirements for meetings. 463
3. Unless the bylaws provide otherwise, a vacancy on the 464
board caused by the expiration of a director's term must be 465
filled by electing a new board member, and the election must be 466
by secret ballot. An election is not required if the number of 467
vacancies equals or exceeds the number of candidates. For 468
purposes of this paragraph, the term "candidate" means an 469
eligible person who has timely submitted the written notice, as 470
described in sub-subparagraph 4.a., of his or her intention to 471
become a candidate. Except in a timeshare or nonresidential 472
condominium, or if the staggered term of a board member does not 473
expire until a later annual meeting, or if all members' terms 474
would otherwise expire but there are no candidates, the terms of 475
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all board members expire at the annual meeting, and such members 476
may stand for reelection unless prohibited by the bylaws. Board 477
members may serve terms longer than 1 year if permitted by the 478
bylaws or articles of incorporation. A board member may not 479
serve more than 8 consecutive years unless approved by an 480
affirmative vote of unit owners representing two-thirds of all 481
votes cast in the election or unless there are not enough 482
eligible candidates to fill the vacancies on the board at the 483
time of the vacancy. Only board service that occurs on or after 484
July 1, 2018, may be used when calculating a board member's term 485
limit. If the number of board members whose terms expire at the 486
annual meeting equals or exceeds the number of candidates, the 487
candidates become members of the board effective upon the 488
adjournment of the annual meeting. Unless the bylaws provide 489
otherwise, any remaining vacancies shall be filled by the 490
affirmative vote of the majority of the directors making up the 491
newly constituted board even if the directors constitute less 492
than a quorum or there is only one director. In a residential 493
condominium association of more than 10 units or in a 494
residential condominium association that does not include 495
timeshare units or timeshare interests, co-owners of a unit may 496
not serve as members of the board of directors at the same time 497
unless they own more than one unit or unless there are not 498
enough eligible candidates to fill the vacancies on the board at 499
the time of the vacancy. A unit owner in a residential 500
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condominium desiring to be a candidate for board membership must 501
comply with sub-subparagraph 4.a. and must be eligible to be a 502
candidate to serve on the board of directors at the time of the 503
deadline for submitting a notice of intent to run in order to 504
have his or her name listed as a proper candidate on the ballot 505
or to serve on the board. A person who has been suspended or 506
removed by the division under this chapter, or who is delinquent 507
in the payment of any assessment due to the association, is not 508
eligible to be a candidate for board membership and may not be 509
listed on the ballot. For purposes of this paragraph, a person 510
is delinquent if a payment is not made by the due date as 511
specifically identified in the declaration of condominium, 512
bylaws, or articles of incorporation. If a due date is not 513
specifically identified in the declaration of condominium, 514
bylaws, or articles of incorporation, the due date is the first 515
day of the assessment period. A person who has been convicted of 516
any felony in this state or in a United States District or 517
Territorial Court, or who has been convicted of any offense in 518
another jurisdiction which would be considered a felony if 519
committed in this state, is not eligible for board membership 520
unless such felon's civil rights have been restored for at least 521
5 years as of the date such person seeks election to the board. 522
The validity of an action by the board is not affected if it is 523
later determined that a board member is ineligible for board 524
membership due to having been convicted of a felony. This 525
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subparagraph does not limit the term of a member of the board of 526
a nonresidential or timeshare condominium. 527
4. The bylaws must provide the method of calling meetings 528
of unit owners, including annual meetings. Written notice of an 529
annual meeting must include an agenda; be mailed, hand 530
delivered, or electronically transmitted to each unit owner at 531
least 14 days before the annual meeting; and be posted in a 532
conspicuous place on the condominium property or association 533
property at least 14 continuous days before the annual meeting. 534
Written notice of a meeting other than an annual meeting must 535
include an agenda; be mailed, hand delivered, or electronically 536
transmitted to each unit owner; and be posted in a conspicuous 537
place on the condominium property or association property within 538
the timeframe specified in the bylaws. If the bylaws do not 539
specify a timeframe for written notice of a meeting other than 540
an annual meeting, notice must be provided at least 14 541
continuous days before the meeting. Upon notice to the unit 542
owners, the board shall, by duly adopted rule, designate a 543
specific location on the condominium property or association 544
property at which all notices of unit owner meetings must be 545
posted. This requirement does not apply if there is no 546
condominium property for posting notices. In addition to the 547
physical posting of meeting notices, the association may, by 548
reasonable rule, adopt a procedure for conspicuously posting and 549
repeatedly broadcasting the notice and the agenda on a closed-550
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circuit cable television system serving the condominium 551
association. If broadcast notice is provided, the notice and 552
agenda must be broadcast in a manner and for a sufficient 553
continuous length of time so as to allow an average reader to 554
observe the notice and read and comprehend the entire content of 555
the notice and the agenda. In addition to any of the authorized 556
means of providing notice of a meeting of the board, the 557
association may, by rule, adopt a procedure for conspicuously 558
posting the meeting notice and the agenda on a website serving 559
the condominium association for at least the minimum period of 560
time for which a notice of a meeting is also required to be 561
physically posted on the condominium property. Any rule adopted 562
shall, in addition to other matters, include a requirement that 563
the association send an electronic notice in the same manner as 564
a notice for a meeting of the members, which must include a 565
hyperlink to the website at which the notice is posted, to unit 566
owners whose e-mail addresses are included in the association's 567
official records. Unless a unit owner waives in writing the 568
right to receive notice of the annual meeting, such notice must 569
be hand delivered, mailed, or electronically transmitted to each 570
unit owner. Notice for meetings and notice for all other 571
purposes must be mailed to each unit owner at the address last 572
furnished to the association by the unit owner, or hand 573
delivered to each unit owner. However, if a unit is owned by 574
more than one person, the association must provide notice to the 575
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address that the developer identifies for that purpose and 576
thereafter as one or more of the owners of the unit advise the 577
association in writing, or if no address is given or the owners 578
of the unit do not agree, to the address provided on the deed of 579
record. An officer of the association, or the manager or other 580
person providing notice of the association meeting, must provide 581
an affidavit or United States Postal Service certificate of 582
mailing, to be included in the official records of the 583
association affirming that the notice was mailed or hand 584
delivered in accordance with this provision. 585
5. The members of the board of a residential condominium 586
shall be elected by written ballot or voting machine. Proxies 587
may not be used in electing the board in general elections or 588
elections to fill vacancies caused by recall, resignation, or 589
otherwise, unless otherwise provided in this chapter. This 590
subparagraph does not apply to an association governing a 591
timeshare condominium. 592
a. At least 60 days before a scheduled election, the 593
association shall mail, deliver, or electronically transmit, by 594
separate association mailing or included in another association 595
mailing, delivery, or transmission, including regularly 596
published newsletters, to each unit owner entitled to a vote, a 597
first notice of the date of the election. A unit owner or other 598
eligible person desiring to be a candidate for the board must 599
give written notice of his or her intent to be a candidate to 600
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the association at least 40 days before a scheduled election. 601
Together with the written notice and agenda as set forth in 602
subparagraph 3., the association shall mail, deliver, or 603
electronically transmit a second notice of the election to all 604
unit owners entitled to vote, together with a ballot that lists 605
all candidates not less than 14 days or more than 34 days before 606
the date of the election. Upon request of a candidate, an 607
information sheet, no larger than 8 1/2 inches by 11 inches, 608
which must be furnished by the candidate at least 35 days before 609
the election, must be included with the mailing, delivery, or 610
transmission of the ballot, with the costs of mailing, delivery, 611
or electronic transmission and copying to be borne by the 612
association. The association is not liable for the contents of 613
the information sheets prepared by the candidates. In order to 614
reduce costs, the association may print or duplicate the 615
information sheets on both sides of the paper. The division 616
shall by rule establish voting procedures consistent with this 617
sub-subparagraph, including rules establishing procedures for 618
giving notice by electronic transmission and rules providing for 619
the secrecy of ballots. Elections are shall be decided by a 620
plurality of ballots cast. There is no quorum requirement; 621
however, at least 20 percent of the eligible voters must cast a 622
ballot in order to have a valid election. A unit owner may not 623
authorize any other person to vote his or her ballot, and any 624
ballots improperly cast are invalid. A unit owner who violates 625
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this provision may be fined by the association in accordance 626
with s. 718.303. A unit owner who needs assistance in casting 627
the ballot for the reasons stated in s. 101.051 may obtain such 628
assistance. The regular election must occur on the date of the 629
annual meeting. Notwithstanding this sub-subparagraph, an 630
election is not required unless more candidates file notices of 631
intent to run or are nominated than board vacancies exist. 632
b. A director of a board of an association of a 633
residential condominium shall: 634
(I) Certify in writing to the secretary of the association 635
that he or she has read the association's declaration of 636
condominium, articles of incorporation, bylaws, and current 637
written policies; that he or she will work to uphold such 638
documents and policies to the best of his or her ability; and 639
that he or she will faithfully discharge his or her fiduciary 640
responsibility to the association's members. 641
(II) Submit to the secretary of the association a 642
certificate of having satisfactorily completed the educational 643
curriculum administered by the division or a division-approved 644
condominium education provider. The educational curriculum must 645
be at least 4 hours long and include instruction on milestone 646
inspections, structural integrity reserve studies, elections, 647
recordkeeping, financial literacy and transparency, levying of 648
fines, and notice and meeting requirements. 649
650
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Each newly elected or appointed director must submit to the 651
secretary of the association the written certification and 652
educational certificate within 1 year before being elected or 653
appointed or 90 days after the date of election or appointment. 654
A director of an association of a residential condominium who 655
was elected or appointed before July 1, 2024, must comply with 656
the written certification and educational certificate 657
requirements in this sub-subparagraph by June 30, 2025. The 658
written certification and educational certificate is valid for 7 659
years after the date of issuance and does not have to be 660
resubmitted as long as the director serves on the board without 661
interruption during the 7-year period. A director who is 662
appointed by the developer may satisfy the educational 663
certificate requirement in sub-sub-subparagraph (II) for any 664
subsequent appointment to a board by a developer within 7 years 665
after the date of issuance of the most recent educational 666
certificate, including any interruption of service on a board or 667
appointment to a board in another association within that 7-year 668
period. One year after submission of the most recent written 669
certification and educational certificate, and annually 670
thereafter, a director of an association of a residential 671
condominium must submit to the secretary of the association a 672
certificate of having satisfactorily completed at least 1 hour 673
of continuing education administered by the division, or a 674
division-approved condominium education provider, relating to 675
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any recent changes to this chapter and the related 676
administrative rules during the past year. A director of an 677
association of a residential condominium who fails to timely 678
file the written certification and educational certificate is 679
suspended from service on the board until he or she complies 680
with this sub-subparagraph. The board may temporarily fill the 681
vacancy during the period of suspension. The secretary shall 682
cause the association to retain a director's written 683
certification and educational certificate for inspection by the 684
members for 7 years after a director's election or the duration 685
of the director's uninterrupted tenure, whichever is longer. 686
Failure to have such written certification and educational 687
certificate on file does not affect the validity of any board 688
action. 689
c. Any challenge to the election process must be commenced 690
within 60 days after the election results are announced. 691
6. Any approval by unit owners called for by this chapter 692
or the applicable declaration or bylaws, including, but not 693
limited to, the approval requirement in s. 718.111(8), must be 694
made at a duly noticed meeting of unit owners and is subject to 695
all requirements of this chapter or the applicable condominium 696
documents relating to unit owner decisionmaking, except that 697
unit owners may take action by written agreement, without 698
meetings, on matters for which action by written agreement 699
without meetings is expressly allowed by the applicable bylaws 700
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or declaration or any law that provides for such action. 701
7. Unit owners may waive notice of specific meetings if 702
allowed by the applicable bylaws or declaration or any law. 703
Notice of meetings of the board of administration; unit owner 704
meetings, except unit owner meetings called to recall board 705
members under paragraph (l); and committee meetings may be given 706
by electronic transmission to unit owners who consent to receive 707
notice by electronic transmission. A unit owner who consents to 708
receiving notices by electronic transmission is solely 709
responsible for removing or bypassing filters that block receipt 710
of mass e-mails sent to members on behalf of the association in 711
the course of giving electronic notices. 712
8. Unit owners have the right to participate in meetings 713
of unit owners with reference to all designated agenda items. 714
However, the association may adopt reasonable rules governing 715
the frequency, duration, and manner of unit owner participation. 716
9. A unit owner may tape record or videotape a meeting of 717
the unit owners subject to reasonable rules adopted by the 718
division. 719
10. Unless otherwise provided in the bylaws, any vacancy 720
occurring on the board before the expiration of a term may be 721
filled by the affirmative vote of the majority of the remaining 722
directors, even if the remaining directors constitute less than 723
a quorum, or by the sole remaining director. In the alternative, 724
a board may hold an election to fill the vacancy, in which case 725
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the election procedures must conform to sub-subparagraph 4.a. 726
unless the association governs 10 units or fewer and has opted 727
out of the statutory election process, in which case the bylaws 728
of the association control. Unless otherwise provided in the 729
bylaws, a board member appointed or elected under this section 730
shall fill the vacancy for the unexpired term of the seat being 731
filled. Filling vacancies created by recall is governed by 732
paragraph (l) and rules adopted by the division. 733
11. This chapter does not limit the use of general or 734
limited proxies, require the use of general or limited proxies, 735
or require the use of a written ballot or voting machine for any 736
agenda item or election at any meeting of a timeshare 737
condominium association or nonresidential condominium 738
association. 739
740
Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an 741
association of 10 or fewer units may, by affirmative vote of a 742
majority of the total voting interests, provide for different 743
voting and election procedures in its bylaws, which may be by a 744
proxy specifically delineating the different voting and election 745
procedures. The different voting and election procedures may 746
provide for elections to be conducted by limited or general 747
proxy. 748
(e) Budget meeting.— 749
1. Any meeting at which a proposed annual budget of an 750
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association will be considered by the board or unit owners is 751
shall be open to all unit owners. A meeting of the board or unit 752
owners at which a proposed annual association budget will be 753
considered may be conducted by audio conference or video 754
conference, or both. The division shall adopt rules pursuant to 755
ss. 120.536 and 120.54 governing the requirements for such 756
meetings. A sound transmitting device must be used so that the 757
conversation of such members may be heard by the board or 758
committee members attending in person, as well as any unit 759
owners present at the meeting. At least 14 days before such a 760
meeting, the board shall hand deliver to each unit owner, mail 761
to each unit owner at the address last furnished to the 762
association by the unit owner, or electronically transmit to the 763
location furnished by the unit owner for that purpose a notice 764
of such meeting and a copy of the proposed annual budget. An 765
officer or a manager of the association, or other person 766
providing notice of such meeting, shall execute an affidavit 767
evidencing compliance with such notice requirement, and such 768
affidavit shall be filed among the official records of the 769
association. 770
2.a. If a board proposes in any fiscal year an annual 771
budget which requires assessments against unit owners which 772
exceed 115 percent of assessments for the preceding fiscal year, 773
the board must shall simultaneously propose a substitute budget 774
that does not include any discretionary expenditures that are 775
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not required to be in the budget. The substitute budget must be 776
proposed at the budget meeting before the adoption of the annual 777
budget. At least 14 days before such budget meeting in which a 778
substitute budget will be proposed, the board shall hand deliver 779
to each unit owner, or mail to each unit owner at the address 780
last furnished to the association, a notice of the meeting. An 781
officer or manager of the association, or other person providing 782
notice of such meeting shall execute an affidavit evidencing 783
compliance with this notice requirement, and such affidavit must 784
shall be filed among the official records of the association. 785
Unit owners shall must consider and may adopt a substitute 786
budget at the meeting. A substitute budget is adopted if 787
approved by a majority of all voting interests unless the bylaws 788
require adoption by a greater percentage of voting interests. If 789
a substitute budget is not adopted, the annual budget previously 790
initially proposed by the board may be adopted. 791
b. Any determination of whether assessments exceed 115 792
percent of assessments for the previous prior fiscal year must 793
shall exclude any authorized provision for required reserves for 794
repair or replacement of the condominium property; anticipated 795
expenses of the association which the board does not expect to 796
be incurred on a regular or annual basis for the repair, 797
maintenance, or replacement of the items listed in paragraph 798
(g); and insurance premiums. 799
c. If the developer controls the board, assessments may 800
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not exceed 115 percent of assessments for the prior fiscal year 801
unless approved by a majority of all voting interests. 802
Section 4. Paragraph (a) of subsection (1) of section 803
718.1265, Florida Statutes, is amended to read: 804
718.1265 Association emergency powers.— 805
(1) To the extent allowed by law, unless specifically 806
prohibited by the declaration of condominium, the articles, or 807
the bylaws of an association, and consistent with s. 617.0830, 808
the board of administration, in response to damage or injury 809
caused by or anticipated in connection with an emergency, as 810
defined in s. 252.34(4), for which a state of emergency is 811
declared pursuant to s. 252.36 in the locale in which the 812
condominium is located, may exercise the following powers: 813
(a) Conduct board meetings, committee meetings, elections, 814
and membership meetings, in whole or in part, by telephone, 815
real-time audioconferencing or videoconferencing, or similar 816
real-time electronic, audio, or video communication with notice 817
given as is practicable. Such notice may be given in any 818
practicable manner, including publication, radio, United States 819
mail, the Internet, electronic transmission, public service 820
announcements, and conspicuous posting on the condominium 821
property or association property or any other means the board 822
deems reasonable under the circumstances. Notice of decisions 823
also may be communicated as provided in this paragraph. 824
Section 5. Subsections (3) through (29) of section 825
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719.103, Florida Statutes, are renumbered as subsections (4) 826
through (30), respectively, and a new subsection (3) is added to 827
that section, to read: 828
719.103 Definitions.—As used in this chapter: 829
(3) "Audio conference" means a real-time, audio-based 830
meeting between two or more people in different locations using 831
an audio-enabled device. 832
Section 6. Paragraph (b) of subsection (1) of section 833
719.106, Florida Statutes, is amended to read: 834
719.106 Bylaws; cooperative ownership.— 835
(1) MANDATORY PROVISIONS.—The bylaws or other cooperative 836
documents shall provide for the following, and if they do not, 837
they shall be deemed to include the following: 838
(b) Quorum; voting requirements; proxies.— 839
1. Unless otherwise provided in the bylaws, the percentage 840
of voting interests required to constitute a quorum at a meeting 841
of the members shall be a majority of voting interests, and 842
decisions shall be made by owners of a majority of the voting 843
interests. Unless otherwise provided in this chapter, or in the 844
articles of incorporation, bylaws, or other cooperative 845
documents, and except as provided in subparagraph (d)1., 846
decisions shall be made by owners of a majority of the voting 847
interests represented at a meeting at which a quorum is present. 848
2. Except as specifically otherwise provided herein, after 849
January 1, 1992, unit owners may not vote by general proxy, but 850
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may vote by limited proxies substantially conforming to a 851
limited proxy form adopted by the division. Limited proxies and 852
general proxies may be used to establish a quorum. Limited 853
proxies shall be used for votes taken to waive or reduce 854
reserves in accordance with subparagraph (j)2., for votes taken 855
to waive the financial reporting requirements of s. 856
719.104(4)(b), for votes taken to amend the articles of 857
incorporation or bylaws pursuant to this section, and for any 858
other matter for which this chapter requires or permits a vote 859
of the unit owners. Except as provided in paragraph (d), after 860
January 1, 1992, a no proxy, limited or general, may not shall 861
be used in the election of board members. General proxies may be 862
used for other matters for which limited proxies are not 863
required, and may also be used in voting for nonsubstantive 864
changes to items for which a limited proxy is required and 865
given. Notwithstanding the provisions of this section, unit 866
owners may vote in person at unit owner meetings. This section 867
does not Nothing contained herein shall limit the use of general 868
proxies or require the use of limited proxies or require the use 869
of limited proxies for any agenda item or election at any 870
meeting of a timeshare cooperative. 871
3. Any proxy given is shall be effective only for the 872
specific meeting for which originally given and any lawfully 873
adjourned meetings thereof. In no event shall any proxy be valid 874
for a period longer than 90 days after the date of the first 875
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meeting for which it was given. Every proxy is shall be 876
revocable at any time at the pleasure of the unit owner 877
executing it. 878
4. A member of the board of administration or a committee 879
may submit in writing his or her agreement or disagreement with 880
any action taken at a meeting that the member did not attend. 881
This agreement or disagreement may not be used as a vote for or 882
against the action taken and may not be used for the purposes of 883
creating a quorum. 884
5. A board member or committee member participating in a 885
meeting via telephone, real-time audioconferencing or 886
videoconferencing, or similar real-time electronic, audio, or 887
video communication counts toward a quorum, and such member may 888
vote as if physically present. A speaker must be used so that 889
the conversation of such members may be heard by the board or 890
committee members attending in person, as well as by any unit 891
owners present at a meeting. 892
Section 7. Paragraph (a) of subsection (1) of section 893
719.128, Florida Statutes, is amended to read: 894
719.128 Association emergency powers.— 895
(1) To the extent allowed by law, unless specifically 896
prohibited by the cooperative documents, and consistent with s. 897
617.0830, the board of administration, in response to damage or 898
injury caused by or anticipated in connection with an emergency, 899
as defined in s. 252.34(4), for which a state of emergency is 900
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declared pursuant to s. 252.36 in the area encompassed by the 901
cooperative, may exercise the following powers: 902
(a) Conduct board meetings, committee meetings, elections, 903
or membership meetings, in whole or in part, by telephone, real-904
time audioconferencing or videoconferencing, or similar real-905
time electronic, audio, or video communication after notice of 906
the meetings and board decisions is provided in as practicable a 907
manner as possible, including via publication, radio, United 908
States mail, the Internet, electronic transmission, public 909
service announcements, conspicuous posting on the cooperative 910
property, or any other means the board deems appropriate under 911
the circumstances. Notice of decisions may also be communicated 912
as provided in this paragraph. 913
Section 8. Subsections (2) through (13) of section 914
720.301, Florida Statutes, are renumbered as subsections (3) 915
through (14), respectively, and a new subsection (2) is added to 916
that section, to read: 917
720.301 Definitions.—As used in this chapter, the term: 918
(2) "Audio conference" means a real-time, audio-based 919
meeting between two or more people in different locations using 920
an audio-enabled device. 921
Section 9. Paragraph (a) of subsection (1) of section 922
720.316, Florida Statutes, is amended to read: 923
720.316 Association emergency powers.— 924
(1) To the extent allowed by law, unless specifically 925
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prohibited by the declaration or other recorded governing 926
documents, and consistent with s. 617.0830, the board of 927
directors, in response to damage or injury caused by or 928
anticipated in connection with an emergency, as defined in s. 929
252.34(4), for which a state of emergency is declared pursuant 930
to s. 252.36 in the area encompassed by the association, may 931
exercise the following powers: 932
(a) Conduct board meetings, committee meetings, elections, 933
or membership meetings, in whole or in part, by telephone, real-934
time audioconferencing or videoconferencing, or similar real-935
time electronic, audio, or video communication after notice of 936
the meetings and board decisions is provided in as practicable a 937
manner as possible, including via publication, radio, United 938
States mail, the Internet, electronic transmission, public 939
service announcements, conspicuous posting on the common area, 940
or any other means the board deems appropriate under the 941
circumstances. Notice of decisions may also be communicated as 942
provided in this paragraph. 943
Section 10. Paragraph (a) of subsection (1) of section 944
718.501, Florida Statutes, is amended, and paragraph (u) of that 945
subsection is reenacted, to read: 946
718.501 Authority, responsibility, and duties of Division 947
of Florida Condominiums, Timeshares, and Mobile Homes.— 948
(1) The division may enforce and ensure compliance with 949
this chapter and rules relating to the development, 950
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construction, sale, lease, ownership, operation, and management 951
of residential condominium units and complaints. In performing 952
its duties, the division has complete jurisdiction to 953
investigate complaints and enforce compliance with respect to 954
associations that are still under developer control or the 955
control of a bulk assignee or bulk buyer pursuant to part VII of 956
this chapter and complaints against developers, bulk assignees, 957
or bulk buyers involving improper turnover or failure to 958
turnover, pursuant to s. 718.301. However, after turnover has 959
occurred, the division has jurisdiction to review records and 960
investigate complaints related only to: 961
(a)1. Procedural aspects and records relating to financial 962
issues, including annual financial reporting under s. 963
718.111(13); assessments for common expenses, fines, and 964
commingling of reserve and operating funds under s. 718.111(14); 965
use of debit cards for unintended purposes under s. 718.111(15); 966
the annual operating budget and the allocation of reserve funds 967
under s. 718.112(2)(f); financial records under s. 968
718.111(12)(a)11.; and any other record necessary to determine 969
the revenues and expenses of the association. 970
2. Elections, including election and voting requirements 971
under s. 718.112(2)(b) and (d), recall of board members under s. 972
718.112(2)(l), electronic voting under s. 718.128, and elections 973
that occur during an emergency under s. 718.1265(1)(a). 974
3. The maintenance of and unit owner access to association 975
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records under s. 718.111(12), including, but not limited to, 976
audio or video recordings. 977
4. The procedural aspects of meetings, including unit 978
owner meetings, quorums, voting requirements, proxies, board of 979
administration meetings, and budget meetings under s. 980
718.112(2). 981
5. The disclosure of conflicts of interest under ss. 982
718.111(1)(a) and 718.3027, including limitations contained in 983
s. 718.111(3)(f). 984
6. The removal of a board director or officer under ss. 985
718.111(1)(a) and (15) and 718.112(2)(p) and (q). 986
7. The procedural completion of structural integrity 987
reserve studies under s. 718.112(2)(g) and the milestone 988
inspections under s. 553.899. 989
8. Completion of repairs required by a milestone 990
inspection under s. 553.899. 991
9. Any written inquiries by unit owners to the association 992
relating to such matters, including written inquiries under s. 993
718.112(2)(a)2. 994
10. The requirement for associations to maintain an 995
insurance policy or fidelity bonding for all persons who control 996
or disperse funds of the association under s. 718.111(11)(h). 997
11. Board member education requirements under s. 998
718.112(2)(d)5.b. 999
12. Reporting requirements for structural integrity 1000
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reserve studies under subsection (3) and under s. 1001
718.112(2)(g)12. 1002
(u) If the division receives a complaint regarding access 1003
to official records on the association's website or through an 1004
application that can be downloaded on a mobile device under s. 1005
718.111(12)(g), the division may request access to the 1006
association's website or application and investigate. The 1007
division may adopt rules to carry out this paragraph. 1008
Section 11. Paragraph (a) of subsection (1) of section 1009
336.125, Florida Statutes, is amended to read: 1010
336.125 Closing and abandonment of roads; optional 1011
conveyance to homeowners' association; traffic control 1012
jurisdiction.— 1013
(1)(a) In addition to the authority provided in s. 336.12, 1014
the governing body of the county may abandon the roads and 1015
rights-of-way dedicated in a recorded residential subdivision 1016
plat and simultaneously convey the county's interest in such 1017
roads, rights-of-way, and appurtenant drainage facilities to a 1018
homeowners' association for the subdivision, if the following 1019
conditions have been met: 1020
1. The homeowners' association has requested the 1021
abandonment and conveyance in writing for the purpose of 1022
converting the subdivision to a gated neighborhood with 1023
restricted public access. 1024
2. No fewer than four-fifths of the owners of record of 1025
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property located in the subdivision have consented in writing to 1026
the abandonment and simultaneous conveyance to the homeowners' 1027
association. 1028
3. The homeowners' association is both a corporation not 1029
for profit organized and in good standing under chapter 617, and 1030
a "homeowners' association" as defined in s. 720.301 s. 1031
720.301(9) with the power to levy and collect assessments for 1032
routine and periodic major maintenance and operation of street 1033
lighting, drainage, sidewalks, and pavement in the subdivision. 1034
4. The homeowners' association has entered into and 1035
executed such agreements, covenants, warranties, and other 1036
instruments; has provided, or has provided assurance of, such 1037
funds, reserve funds, and funding sources; and has satisfied 1038
such other requirements and conditions as may be established or 1039
imposed by the county with respect to the ongoing operation, 1040
maintenance, and repair and the periodic reconstruction or 1041
replacement of the roads, drainage, street lighting, and 1042
sidewalks in the subdivision after the abandonment by the 1043
county. 1044
Section 12. Subsection (2) of section 558.002, Florida 1045
Statutes, is amended to read: 1046
558.002 Definitions.—As used in this chapter, the term: 1047
(2) "Association" has the same meaning as in s. 718.103, 1048
s. 719.103, s. 720.301 s. 719.103(2), s. 720.301(9), or s. 1049
723.075. 1050
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Section 13. Section 617.0725, Florida Statutes, is amended 1051
to read: 1052
617.0725 Quorum.—An amendment to the articles of 1053
incorporation or the bylaws which adds, changes, or deletes a 1054
greater or lesser quorum or voting requirement must meet the 1055
same quorum or voting requirement and be adopted by the same 1056
vote and voting groups required to take action under the quorum 1057
and voting requirements then in effect or proposed to be 1058
adopted, whichever is greater. This section does not apply to 1059
any corporation that is an association, as defined in s. 1060
720.301(10) s. 720.301(9), or any corporation regulated under 1061
chapter 718 or chapter 719. 1062
Section 14. Paragraph (b) of subsection (1) of section 1063
718.116, Florida Statutes, is amended to read: 1064
718.116 Assessments; liability; lien and priority; 1065
interest; collection.— 1066
(1) 1067
(b)1. The liability of a first mortgagee or its successor 1068
or assignees who acquire title to a unit by foreclosure or by 1069
deed in lieu of foreclosure for the unpaid assessments that 1070
became due before the mortgagee's acquisition of title is 1071
limited to the lesser of: 1072
a. The unit's unpaid common expenses and regular periodic 1073
assessments which accrued or came due during the 12 months 1074
immediately preceding the acquisition of title and for which 1075
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payment in full has not been received by the association; or 1076
b. One percent of the original mortgage debt. The 1077
provisions of this paragraph apply only if the first mortgagee 1078
joined the association as a defendant in the foreclosure action. 1079
Joinder of the association is not required if, on the date the 1080
complaint is filed, the association was dissolved or did not 1081
maintain an office or agent for service of process at a location 1082
which was known to or reasonably discoverable by the mortgagee. 1083
2. An association, or its successor or assignee, that 1084
acquires title to a unit through the foreclosure of its lien for 1085
assessments is not liable for any unpaid assessments, late fees, 1086
interest, or reasonable attorney's fees and costs that came due 1087
before the association's acquisition of title in favor of any 1088
other association, as defined in s. 718.103 or s. 720.301(10) s. 1089
720.301(9), which holds a superior lien interest on the unit. 1090
This subparagraph is intended to clarify existing law. 1091
Section 15. Paragraph (d) of subsection (1) and paragraph 1092
(e) of subsection (2) of section 718.503, Florida Statutes, are 1093
amended to read: 1094
718.503 Developer disclosure prior to sale; nondeveloper 1095
unit owner disclosure prior to sale; voidability.— 1096
(1) DEVELOPER DISCLOSURE.— 1097
(d) Milestone inspection, turnover inspection report, or 1098
structural integrity reserve study.—If the association is 1099
required to have completed a milestone inspection as described 1100
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in s. 553.899, a turnover inspection report for a turnover 1101
inspection performed on or after July 1, 2023, or a structural 1102
integrity reserve study, and the association has not completed 1103
the milestone inspection, the turnover inspection report, or the 1104
structural integrity reserve study, each contract entered into 1105
after December 31, 2024, for the sale of a residential unit 1106
shall contain in conspicuous type a statement indicating that 1107
the association is required to have a milestone inspection, a 1108
turnover inspection report, or a structural integrity reserve 1109
study and has not completed such inspection, report, or study, 1110
as appropriate. If the association is not required to have a 1111
milestone inspection as described in s. 553.899 or a structural 1112
integrity reserve study, each contract entered into after 1113
December 31, 2024, for the sale of a residential unit shall 1114
contain in conspicuous type a statement indicating that the 1115
association is not required to have a milestone inspection or a 1116
structural integrity reserve study, as appropriate. If the 1117
association has completed a milestone inspection as described in 1118
s. 553.899, a turnover inspection report for a turnover 1119
inspection performed on or after July 1, 2023, or a structural 1120
integrity reserve study, each contract entered into after 1121
December 31, 2024, for the sale of a residential unit shall 1122
contain in conspicuous type: 1123
1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES 1124
THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR-1125
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PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED 1126
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF 1127
THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION 1128
718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A 1129
COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY 1130
RESERVE STUDY DESCRIBED IN SECTIONS 718.103(27) 718.103(26) AND 1131
718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15 1132
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE 1133
EXECUTION OF THIS CONTRACT; and 1134
2. A clause which states: THIS AGREEMENT IS VOIDABLE BY 1135
BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO 1136
CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL 1137
HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE 1138
BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR-1139
PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED 1140
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF 1141
THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION 1142
718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A 1143
COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY 1144
RESERVE STUDY DESCRIBED IN SECTIONS 718.103(27) 718.103(26) AND 1145
718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED 1146
WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER 1147
MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15 1148
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER 1149
THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED 1150
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SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN 1151
SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER 1152
INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q), 1153
FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST RECENT 1154
STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS 1155
718.103(27) 718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF 1156
REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL 1157
TERMINATE AT CLOSING. 1158
1159
A contract that does not conform to the requirements of this 1160
paragraph is voidable at the option of the purchaser before 1161
closing. 1162
(2) NONDEVELOPER DISCLOSURE.— 1163
(e) If the association is required to have completed a 1164
milestone inspection as described in s. 553.899, a turnover 1165
inspection report for a turnover inspection performed on or 1166
after July 1, 2023, or a structural integrity reserve study, and 1167
the association has not completed the milestone inspection, the 1168
turnover inspection report, or the structural integrity reserve 1169
study, each contract entered into after December 31, 2024, for 1170
the sale of a residential unit shall contain in conspicuous type 1171
a statement indicating that the association is required to have 1172
a milestone inspection, a turnover inspection report, or a 1173
structural integrity reserve study and has not completed such 1174
inspection, report, or study, as appropriate. If the association 1175
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is not required to have a milestone inspection as described in 1176
s. 553.899 or a structural integrity reserve study, each 1177
contract entered into after December 31, 2024, for the sale of a 1178
residential unit shall contain in conspicuous type a statement 1179
indicating that the association is not required to have a 1180
milestone inspection or a structural integrity reserve study, as 1181
appropriate. If the association has completed a milestone 1182
inspection as described in s. 553.899, a turnover inspection 1183
report for a turnover inspection performed on or after July 1, 1184
2023, or a structural integrity reserve study, each contract 1185
entered into after December 31, 2024, for the resale of a 1186
residential unit shall contain in conspicuous type: 1187
1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES 1188
THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR-1189
PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED 1190
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF 1191
THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION 1192
718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A 1193
COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY 1194
RESERVE STUDY DESCRIBED IN SECTIONS 718.103(27) 718.103(26) AND 1195
718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 7 1196
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE 1197
EXECUTION OF THIS CONTRACT; and 1198
2. A clause which states: THIS AGREEMENT IS VOIDABLE BY 1199
BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO 1200
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CANCEL WITHIN 7 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL 1201
HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE 1202
BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR-1203
PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED 1204
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF 1205
THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION 1206
718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A 1207
COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY 1208
RESERVE STUDY DESCRIBED IN SECTIONS 718.103(27) 718.103(26) AND 1209
718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED 1210
WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER 1211
MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 7 1212
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER 1213
THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED 1214
SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN 1215
SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER 1216
INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q), 1217
FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST RECENT 1218
STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS 1219
718.103(27) 718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF 1220
REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL 1221
TERMINATE AT CLOSING. 1222
1223
A contract that does not conform to the requirements of this 1224
paragraph is voidable at the option of the purchaser before 1225
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closing. 1226
Section 16. Paragraph (d) of subsection (1) and paragraph 1227
(d) of subsection (2) of section 719.503, Florida Statutes, are 1228
amended to read: 1229
719.503 Disclosure prior to sale.— 1230
(1) DEVELOPER DISCLOSURE.— 1231
(d) Milestone inspection, turnover inspection report, or 1232
structural integrity reserve study.—If the association is 1233
required to have completed a milestone inspection as described 1234
in s. 553.899, a turnover inspection report for a turnover 1235
inspection performed on or after July 1, 2023, or a structural 1236
integrity reserve study, and the association has not completed 1237
the milestone inspection, the turnover inspection report, or the 1238
structural integrity reserve study, each contract entered into 1239
after December 31, 2024, for the sale of a residential unit 1240
shall contain in conspicuous type a statement indicating that 1241
the association is required to have a milestone inspection, a 1242
turnover inspection report, or a structural integrity reserve 1243
study and has not completed such inspection, report, or study, 1244
as appropriate. If the association is not required to have a 1245
milestone inspection as described in s. 553.899 or a structural 1246
integrity reserve study, each contract entered into after 1247
December 31, 2024, for the sale of a residential unit shall 1248
contain in conspicuous type a statement indicating that the 1249
association is not required to have a milestone inspection or a 1250
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structural integrity reserve study, as appropriate. If the 1251
association has completed a milestone inspection as described in 1252
s. 553.899, a turnover inspection report for a turnover 1253
inspection performed on or after July 1, 2023, or a structural 1254
integrity reserve study, each contract entered into after 1255
December 31, 2024, for the sale of a residential unit shall 1256
contain in conspicuous type: 1257
1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES 1258
THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR-1259
PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED 1260
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF 1261
THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION 1262
719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A 1263
COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY 1264
RESERVE STUDY DESCRIBED IN SECTIONS 719.103(25) 719.103(24) AND 1265
719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15 1266
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE 1267
EXECUTION OF THIS CONTRACT; and 1268
2. A clause which states: THIS AGREEMENT IS VOIDABLE BY 1269
BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO 1270
CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL 1271
HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE 1272
BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR-1273
PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED 1274
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF 1275
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THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION 1276
719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A 1277
COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY 1278
RESERVE STUDY DESCRIBED IN SECTIONS 719.103(25) 719.103(24) AND 1279
719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED 1280
WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER 1281
MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15 1282
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER 1283
THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED 1284
SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN 1285
SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER 1286
INSPECTION REPORT DESCRIBED IN SECTION 719.301(4)(p) AND (q), 1287
FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST RECENT 1288
STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS 1289
719.103(25) 719.103(24) AND 719.106(1)(k), FLORIDA STATUTES, IF 1290
REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL 1291
TERMINATE AT CLOSING. 1292
1293
A contract that does not conform to the requirements of this 1294
paragraph is voidable at the option of the purchaser before 1295
closing. 1296
(2) NONDEVELOPER DISCLOSURE.— 1297
(d) If the association is required to have completed a 1298
milestone inspection as described in s. 553.899, a turnover 1299
inspection report for a turnover inspection performed on or 1300
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after July 1, 2023, or a structural integrity reserve study, and 1301
the association has not completed the milestone inspection, the 1302
turnover inspection report, or the structural integrity reserve 1303
study, each contract entered into after December 31, 2024, for 1304
the sale of a residential unit shall contain in conspicuous type 1305
a statement indicating that the association is required to have 1306
a milestone inspection, a turnover inspection report, or a 1307
structural integrity reserve study and has not completed such 1308
inspection, report, or study, as appropriate. If the association 1309
is not required to have a milestone inspection as described in 1310
s. 553.899 or a structural integrity reserve study, each 1311
contract entered into after December 31, 2024, for the sale of a 1312
residential unit shall contain in conspicuous type a statement 1313
indicating that the association is not required to have a 1314
milestone inspection or a structural integrity reserve study, as 1315
appropriate. If the association has completed a milestone 1316
inspection as described in s. 553.899, a turnover inspection 1317
report for a turnover inspection performed on or after July 1, 1318
2023, or a structural integrity reserve study, each contract 1319
entered into after December 31, 2024, for the resale of a 1320
residential unit shall contain in conspicuous type: 1321
1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES 1322
THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR-1323
PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED 1324
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF 1325
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THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION 1326
719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A 1327
COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY 1328
RESERVE STUDY DESCRIBED IN SECTIONS 719.103(25) 719.103(24) AND 1329
719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 7 1330
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE 1331
EXECUTION OF THIS CONTRACT; and 1332
2. A clause which states: THIS AGREEMENT IS VOIDABLE BY 1333
BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO 1334
CANCEL WITHIN 7 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL 1335
HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE 1336
BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR-1337
PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED 1338
IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF 1339
THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION 1340
719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A 1341
COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY 1342
RESERVE STUDY DESCRIBED IN SECTIONS 719.103(25) 719.103(24) AND 1343
719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED 1344
WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER 1345
MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 7 1346
DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER 1347
THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED 1348
SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN 1349
SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER 1350
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INSPECTION REPORT DESCRIBED IN SECTION 719.301(4)(p) AND (q), 1351
FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST RECENT 1352
STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS 1353
719.103(25) 719.103(24) AND 719.106(1)(k), FLORIDA STATUTES, IF 1354
REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL 1355
TERMINATE AT CLOSING. 1356
1357
A contract that does not conform to the requirements of this 1358
paragraph is voidable at the option of the purchaser before 1359
closing. 1360
Section 17. Paragraph (d) of subsection (2) of section 1361
720.3085, Florida Statutes, is amended to read: 1362
720.3085 Payment for assessments; lien claims.— 1363
(2) 1364
(d) An association, or its successor or assignee, that 1365
acquires title to a parcel through the foreclosure of its lien 1366
for assessments is not liable for any unpaid assessments, late 1367
fees, interest, or reasonable attorney's fees and costs that 1368
came due before the association's acquisition of title in favor 1369
of any other association, as defined in s. 718.103 or s. 1370
720.301(10) s. 720.301(9), which holds a superior lien interest 1371
on the parcel. This paragraph is intended to clarify existing 1372
law. 1373
Section 18. For the purpose of incorporating the amendment 1374
made by this act to section 719.106, Florida Statutes, in a 1375
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reference thereto, section 723.0791, Florida Statutes, is 1376
reenacted to read: 1377
723.0791 Mobile home cooperative homeowners' associations; 1378
elections.—The provisions of s. 719.106(1)(b) notwithstanding, 1379
the election of board members in a mobile home cooperative 1380
homeowners' association may be carried out in the manner 1381
provided for in the bylaws of the association. A mobile home 1382
cooperative is a residential cooperative consisting of real 1383
property to which 10 or more mobile homes are located or are 1384
affixed. 1385
Section 19. This act shall take effect July 1, 2026. 1386