720.309 Agreements entered into by the association.--
(1) Any grant or reservation made by any document, and any contract that has a term greater than 10 years, that is made by an association
before control of the association is turned over to the members other than the developer, and that provides for the operation, maintenance, or
management of the association or common areas, must be fair and reasonable.
(2) If the governing documents provide for the cost of communications services as defined in s. 202.11, information services or Internet
services obtained pursuant to a bulk contract shall be deemed an operating expense of the association. If the governing documents do not
provide for such services, the board may contract for the services, and the cost shall be deemed an operating
expense of the association but must be allocated on a per-parcel basis rather than a percentage basis, notwithstanding that the governing documents provide for other than an
equal sharing of operating expenses. Any contract entered into before July 1, 2011, in which the cost of the service
is not equally divided among all parcel owners may be changed by a majority of the voting interests present at a regular or special meeting of the association in order to
allocate the cost equally among all parcels.
(a) Any contract entered into by the board may be canceled by a majority of the voting interests present at the next regular or special meeting
of the association, whichever occurs first. Any member may make a motion to cancel such contract, but if no motion is made or if such motion fails to obtain the required vote, the contract shall be deemed ratified for the term expressed therein.
(b) Any contract entered into by the board must provide, and shall be deemed to provide if not expressly set forth therein, that a
hearing-impaired or legally blind parcel owner who does not occupy the parcel with a non-hearing-impaired or sighted person, or a parcel owner
who receives supplemental security income under Title XVI of the Social Security Act or food assistance as administered by the Department of
Children and Families pursuant to s. 414.31, may discontinue the service without incurring disconnect fees, penalties, or subsequent
service charges, and may not be required to pay any operating expenses charge related to such service for those
parcels. If fewer than all parcel owners share the expenses of the communications services, information services, or Internet services, the expense must be shared by all
participating parcel owners. The association may use the provisions of s. 720.3085 to enforce payment by the parcel owners receiving such
(c) A resident of any parcel, whether a tenant or parcel owner, may not be denied access to available franchised, licensed, or certificated
cable or video service providers if the resident pays the provider directly for services. A resident or a cable or video service provider may not be
History.—s. 59, ch. 95-274; s. 51, ch. 2000-258; s. 21, ch. 2011-196; s. 284, ch. 2014-19.
Note.—Former s. 617.309.