(a) The
operation of
the
condominium
shall be by
the
association,
which must
be a Florida
corporation
for profit
or a Florida
corporation
not for
profit.
However, any
association
which was in
existence on
January 1,
1977, need
not be
incorporated.
The owners
of units
shall be
shareholders
or members
of the
association.
The officers
and
directors of
the
association
have a
fiduciary
relationship
to the unit
owners. It
is the
intent of
the
Legislature
that nothing
in this
paragraph
shall be
construed as
providing
for or
removing a
requirement
of a
fiduciary
relationship
between any
manager
employed by
the
association
and the unit
owners. An
officer,
director, or
manager may
not solicit,
offer to
accept, or
accept any
thing or
service of
value or
kickback for
which
consideration
has not been
provided for
his or her
own benefit
or that of
his or her
immediate
family, from
any person
providing or
proposing to
provide
goods or
services to
the
association.
Any such
officer,
director, or
manager who
knowingly so
solicits,
offers to
accept, or
accepts any
thing or
service of
value or
kickback is
subject to a
civil
penalty
pursuant to
s.
718.501(1)(d)
and, if
applicable,
a criminal
penalty as
provided in
paragraph
(d).
However,
this
paragraph
does not
prohibit an
officer,
director, or
manager from
accepting
services or
items
received in
connection
with trade
fairs or
education
programs. An
association
may operate
more than
one
condominium.
(b) A
director of
the
association
who is
present at a
meeting of
its board at
which action
on any
corporate
matter is
taken shall
be presumed
to have
assented to
the action
taken unless
he or she
votes
against such
action or
abstains
from voting.
A director
of the
association
who abstains
from voting
on any
action taken
on any
corporate
matter shall
be presumed
to have
taken no
position
with regard
to the
action.
Directors
may not vote
by proxy or
by secret
ballot at
board
meetings,
except that
officers may
be elected
by secret
ballot. A
vote or
abstention
for each
member
present
shall be
recorded in
the minutes.
(c) A unit
owner does
not have any
authority to
act for the
association
by reason of
being a unit
owner.
(d) As
required by
s. 617.0830,
an officer,
director, or
agent shall
discharge
his or her
duties in
good faith,
with the
care an
ordinarily
prudent
person in a
like
position
would
exercise
under
similar
circumstances,
and in a
manner he or
she
reasonably
believes to
be in the
interests of
the
association.
An officer,
director, or
agent shall
be liable
for monetary
damages as
provided in
s. 617.0834
if such
officer,
director, or
agent
breached or
failed to
perform his
or her
duties and
the breach
of, or
failure to
perform, his
or her
duties
constitutes
a violation
of criminal
law as
provided in
s. 617.0834;
constitutes
a
transaction
from which
the officer
or director
derived an
improper
personal
benefit,
either
directly or
indirectly;
or
constitutes
recklessness
or an act or
omission
that was in
bad faith,
with
malicious
purpose, or
in a manner
exhibiting
wanton and
willful
disregard of
human
rights,
safety, or
property.
Forgery of a
ballot
envelope or
voting
certificate
used in a
condominium
association
election is
punishable
as provided
in s.
831.01, the
theft or
embezzlement
of funds of
a
condominium
association
is
punishable
as provided
in s.
812.014, and
the
destruction
of or the
refusal to
allow
inspection
or copying
of an
official
record of a
condominium
association
that is
accessible
to unit
owners
within the
time periods
required by
general law
in
furtherance
of any crime
is
punishable
as tampering
with
physical
evidence as
provided in
s. 918.13 or
as
obstruction
of justice
as provided
in chapter
843. An
officer or
director
charged by
information
or
indictment
with a crime
referenced
in this
paragraph
must be
removed from
office, and
the vacancy
shall be
filled as
provided in
s.
718.112(2)(d)2.
until the
end of the
officer’s or
director’s
period of
suspension
or the end
of his or
her term of
office,
whichever
occurs
first. If a
criminal
charge is
pending
against the
officer or
director, he
or she may
not be
appointed or
elected to a
position as
an officer
or a
director of
any
association
and may not
have access
to the
official
records of
any
association,
except
pursuant to
a court
order.
However, if
the charges
are resolved
without a
finding of
guilt, the
officer or
director
must be
reinstated
for the
remainder of
his or her
term of
office, if
any.
(2) POWERS
AND DUTIES.—The
powers and
duties of
the
association
include
those set
forth in
this section
and, except
as expressly
limited or
restricted
in this
chapter,
those set
forth in the
declaration
and bylaws
and part I
of chapter
607 and
chapter 617,
as
applicable.
(3) POWER
TO MANAGE
CONDOMINIUM
PROPERTY AND
TO CONTRACT,
SUE, AND BE
SUED;
CONFLICT OF
INTEREST.—
(a) The
association
may
contract,
sue, or be
sued with
respect to
the exercise
or
nonexercise
of its
powers. For
these
purposes,
the powers
of the
association
include, but
are not
limited to,
the
maintenance,
management,
and
operation of
the
condominium
property.
(b) After
control of
the
association
is obtained
by unit
owners other
than the
developer,
the
association
may:
1. Institute,
maintain,
settle, or
appeal
actions or
hearings in
its name on
behalf of
all unit
owners
concerning
matters of
common
interest to
most or all
unit owners,
including,
but not
limited to,
the common
elements;
the roof and
structural
components
of a
building or
other
improvements;
mechanical,
electrical,
and plumbing
elements
serving an
improvement
or a
building;
and
representations
of the
developer
pertaining
to any
existing or
proposed
commonly
used
facilities;
2. Protest
ad valorem
taxes on
commonly
used
facilities
and on
units;
3. Defend
actions
pertaining
to ad
valorem
taxation of
commonly
used
facilities
or units or
in eminent
domain
actions; and
4. Bring
inverse
condemnation
actions.
(c) If the
association
has the
authority to
maintain a
class
action, the
association
may be
joined in an
action as
representative
of that
class with
reference to
litigation
and disputes
involving
the matters
for which
the
association
could bring
a class
action.
(d) The
association,
in its own
name or on
behalf of
some or all
unit owners,
may
institute,
file,
protest, or
maintain any
administrative
challenge,
lawsuit,
appeal, or
other
challenge to
ad valorem
taxes
assessed on
units,
commonly
used
facilities,
or common
elements. In
any
subsequent
proceeding,
lawsuit,
appeal, or
other
challenge
brought by
the property
appraiser
related to
units that
were the
subject of a
single joint
petition
filed under
s.
194.011(3),
the
association
has the
right to
represent
the interest
of the unit
owners as
provided in
s.
194.011(3)(e)2.,
and the unit
owners are
not
necessary or
indispensable
parties to
such
actions.
This
paragraph is
intended to
clarify
existing law
and applies
to cases
pending on
July 1,
2021.
(e) This
section does
not limit
any
statutory or
common-law
right of any
individual
unit owner
or class of
unit owners
to bring any
action
without
participation
by the
association
which may
otherwise be
available.
(f) An
association
may not hire
an attorney
who
represents
the
management
company of
the
association.
(4) ASSESSMENTS;
MANAGEMENT
OF COMMON
ELEMENTS.—The
association
has the
power to
make and
collect
assessments
and to
lease,
maintain,
repair, and
replace the
common
elements or
association
property;
however, the
association
may not
charge a use
fee against
a unit owner
for the use
of common
elements or
association
property
unless
otherwise
provided for
in the
declaration
of
condominium
or by a
majority
vote of the
association
or unless
the charges
relate to
expenses
incurred by
an owner
having
exclusive
use of the
common
elements or
association
property.
(5) RIGHT
OF ACCESS TO
UNITS.—
(a) The
association
has the
irrevocable
right of
access to
each unit
during
reasonable
hours, when
necessary
for the
maintenance,
repair, or
replacement
of any
common
elements or
of any
portion of a
unit to be
maintained
by the
association
pursuant to
the
declaration
or as
necessary to
prevent
damage to
the common
elements or
to a unit.
(b)1. In
addition to
the
association’s
right of
access in
paragraph
(a) and
regardless
of whether
authority is
provided in
the
declaration
or other
recorded
condominium
documents,
an
association,
at the sole
discretion
of the
board, may
enter an
abandoned
unit to
inspect the
unit and
adjoining
common
elements;
make repairs
to the unit
or to the
common
elements
serving the
unit, as
needed;
repair the
unit if mold
or
deterioration
is present;
turn on the
utilities
for the
unit; or
otherwise
maintain,
preserve, or
protect the
unit and
adjoining
common
elements.
For purposes
of this
paragraph, a
unit is
presumed to
be abandoned
if:
a. The unit
is the
subject of a
foreclosure
action and
no tenant
appears to
have resided
in the unit
for at least
4 continuous
weeks
without
prior
written
notice to
the
association;
or
b. No tenant
appears to
have resided
in the unit
for 2
consecutive
months
without
prior
written
notice to
the
association,
and the
association
is unable to
contact the
owner or
determine
the
whereabouts
of the owner
after
reasonable
inquiry.
2. Except in
the case of
an
emergency,
an
association
may not
enter an
abandoned
unit until 2
days after
notice of
the
association’s
intent to
enter the
unit has
been mailed
or
hand-delivered
to the owner
at the
address of
the owner as
reflected in
the records
of the
association.
The notice
may be given
by
electronic
transmission
to unit
owners who
previously
consented to
receive
notice by
electronic
transmission.
3. Any
expense
incurred by
an
association
pursuant to
this
paragraph is
chargeable
to the unit
owner and
enforceable
as an
assessment
pursuant to
s. 718.116,
and the
association
may use its
lien
authority
provided by
s. 718.116
to enforce
collection
of the
expense.
4. The
association
may petition
a court of
competent
jurisdiction
to appoint a
receiver to
lease out an
abandoned
unit for the
benefit of
the
association
to offset
against the
rental
income the
association’s
costs and
expenses of
maintaining,
preserving,
and
protecting
the unit and
the
adjoining
common
elements,
including
the costs of
the
receivership
and all
unpaid
assessments,
interest,
administrative
late fees,
costs, and
reasonable
attorney
fees.
(6) OPERATION
OF
CONDOMINIUMS
CREATED
PRIOR TO
1977.—Notwithstanding
any
provision of
this
chapter, an
association
may operate
two or more
residential
condominiums
in which the
initial
condominium
declaration
was recorded
prior to
January 1,
1977, and
may continue
to so
operate such
condominiums
as a single
condominium
for purposes
of financial
matters,
including
budgets,
assessments,
accounting,
recordkeeping,
and similar
matters, if
provision is
made for
such
consolidated
operation in
the
applicable
declarations
of each such
condominium
or in the
bylaws. An
association
for such
condominiums
may also
provide for
consolidated
financial
operation as
described in
this section
either by
amending its
declaration
pursuant to
s.
718.110(1)(a)
or by
amending its
bylaws and
having the
amendment
approved by
not less
than
two-thirds
of the total
voting
interests.
Notwithstanding
any
provision in
this
chapter,
common
expenses for
residential
condominiums
in such a
project
being
operated by
a single
association
may be
assessed
against all
unit owners
in such
project
pursuant to
the
proportions
or
percentages
established
therefor in
the
declarations
as initially
recorded or
in the
bylaws as
initially
adopted,
subject,
however, to
the
limitations
of ss.
718.116 and
718.302.
(7) TITLE
TO PROPERTY.—
(a) The
association
has the
power to
acquire
title to
property or
otherwise
hold,
convey,
lease, and
mortgage
association
property for
the use and
benefit of
its members.
The power to
acquire
personal
property
shall be
exercised by
the board of
administration.
Except as
otherwise
permitted in
subsections
(8) and (9)
and in s.
718.114, no
association
may acquire,
convey,
lease, or
mortgage
association
real
property
except in
the manner
provided in
the
declaration,
and if the
declaration
does not
specify the
procedure,
then
approval of
75 percent
of the total
voting
interests
shall be
required.
(b) Subject
to the
provisions
of s.
718.112(2)(m),
the
association,
through its
board, has
the limited
power to
convey a
portion of
the common
elements to
a condemning
authority
for the
purposes of
providing
utility
easements,
right-of-way
expansion,
or other
public
purposes,
whether
negotiated
or as a
result of
eminent
domain
proceedings.
(8) PURCHASE
OF LEASES.—The
association
has the
power to
purchase any
land or
recreation
lease,
subject to
the same
manner of
approval as
in s.
718.114 for
the
acquisition
of
leaseholds.
(9) PURCHASE
OF UNITS.—The
association
has the
power,
unless
prohibited
by the
declaration,
articles of
incorporation,
or bylaws of
the
association,
to purchase
units in the
condominium
and to
acquire and
hold, lease,
mortgage,
and convey
them. There
shall be no
limitation
on the
association’s
right to
purchase a
unit at a
foreclosure
sale
resulting
from the
association’s
foreclosure
of its lien
for unpaid
assessments,
or to take
title by
deed in lieu
of
foreclosure.
However,
except for a
timeshare
condominium,
a board
member,
manager, or
management
company may
not purchase
a unit at a
foreclosure
sale
resulting
from the
association’s
foreclosure
of its lien
for unpaid
assessments
or take
title by
deed in lieu
of
foreclosure.
(10) EASEMENTS.—Unless
prohibited
by the
declaration,
the board of
administration
has the
authority,
without the
joinder of
any unit
owner, to
grant,
modify, or
move any
easement if
the easement
constitutes
part of or
crosses the
common
elements or
association
property.
This
subsection
does not
authorize
the board of
administration
to modify,
move, or
vacate any
easement
created in
whole or in
part for the
use or
benefit of
anyone other
than the
unit owners,
or crossing
the property
of anyone
other than
the unit
owners,
without the
consent or
approval of
those other
persons
having the
use or
benefit of
the
easement, as
required by
law or by
the
instrument
creating the
easement.
Nothing in
this
subsection
affects the
minimum
requirements
of s.
718.104(4)(n)
or the
powers
enumerated
in
subsection
(3).
(11) INSURANCE.—In
order to
protect the
safety,
health, and
welfare of
the people
of the State
of Florida
and to
ensure
consistency
in the
provision of
insurance
coverage to
condominiums
and their
unit owners,
this
subsection
applies to
every
residential
condominium
in the
state,
regardless
of the date
of its
declaration
of
condominium.
It is the
intent of
the
Legislature
to encourage
lower or
stable
insurance
premiums for
associations
described in
this
subsection.
(a) Adequate
property
insurance,
regardless
of any
requirement
in the
declaration
of
condominium
for coverage
by the
association
for full
insurable
value,
replacement
cost, or
similar
coverage,
must be
based on the
replacement
cost of the
property to
be insured
as
determined
by an
independent
insurance
appraisal or
update of a
prior
appraisal.
The
replacement
cost must be
determined
at least
once every
36 months.
1. An
association
or group of
associations
may provide
adequate
property
insurance
through a
self-insurance
fund that
complies
with the
requirements
of ss.
624.460-624.488.
2. The
association
may also
provide
adequate
property
insurance
coverage for
a group of
at least
three
communities
created and
operating
under this
chapter,
chapter 719,
chapter 720,
or chapter
721 by
obtaining
and
maintaining
for such
communities
insurance
coverage
sufficient
to cover an
amount equal
to the
probable
maximum loss
for the
communities
for a
250-year
windstorm
event. Such
probable
maximum loss
must be
determined
through the
use of a
competent
model that
has been
accepted by
the Florida
Commission
on Hurricane
Loss
Projection
Methodology.
A policy or
program
providing
such
coverage may
not be
issued or
renewed
after July
1, 2008,
unless it
has been
reviewed and
approved by
the Office
of Insurance
Regulation.
The review
and approval
must include
approval of
the policy
and related
forms
pursuant to
ss. 627.410
and 627.411,
approval of
the rates
pursuant to
s. 627.062,
a
determination
that the
loss model
approved by
the
commission
was
accurately
and
appropriately
applied to
the insured
structures
to determine
the 250-year
probable
maximum
loss, and a
determination
that
complete and
accurate
disclosure
of all
material
provisions
is provided
to
condominium
unit owners
before
execution of
the
agreement by
a
condominium
association.
3. When
determining
the adequate
amount of
property
insurance
coverage,
the
association
may consider
deductibles
as
determined
by this
subsection.
(b) If an
association
is a
developer-controlled
association,
the
association
shall
exercise its
best efforts
to obtain
and maintain
insurance as
described in
paragraph
(a). Failure
to obtain
and maintain
adequate
property
insurance
during any
period of
developer
control
constitutes
a breach of
fiduciary
responsibility
by the
developer-appointed
members of
the board of
directors of
the
association,
unless the
members can
show that
despite such
failure,
they have
made their
best efforts
to maintain
the required
coverage.
(c) Policies
may include
deductibles
as
determined
by the
board.
1. The
deductibles
must be
consistent
with
industry
standards
and
prevailing
practice for
communities
of similar
size and
age, and
having
similar
construction
and
facilities
in the
locale where
the
condominium
property is
situated.
2. The
deductibles
may be based
upon
available
funds,
including
reserve
accounts, or
predetermined
assessment
authority at
the time the
insurance is
obtained.
3. The board
shall
establish
the amount
of
deductibles
based upon
the level of
available
funds and
predetermined
assessment
authority at
a meeting of
the board in
the manner
set forth in
s.
718.112(2)(e).
(d) An
association
controlled
by unit
owners
operating as
a
residential
condominium
shall use
its best
efforts to
obtain and
maintain
adequate
property
insurance to
protect the
association,
the
association
property,
the common
elements,
and the
condominium
property
that must be
insured by
the
association
pursuant to
this
subsection.
(e) The
declaration
of
condominium
as
originally
recorded, or
as amended
pursuant to
procedures
provided
therein, may
provide that
condominium
property
consisting
of
freestanding
buildings
comprised of
no more than
one building
in or on
such unit
need not be
insured by
the
association
if the
declaration
requires the
unit owner
to obtain
adequate
insurance
for the
condominium
property. An
association
may also
obtain and
maintain
liability
insurance
for
directors
and
officers,
insurance
for the
benefit of
association
employees,
and flood
insurance
for common
elements,
association
property,
and units.
(f) Every
property
insurance
policy
issued or
renewed on
or after
January 1,
2009, for
the purpose
of
protecting
the
condominium
must provide
primary
coverage
for:
1. All
portions of
the
condominium
property as
originally
installed or
replacement
of like kind
and quality,
in
accordance
with the
original
plans and
specifications.
2. All
alterations
or additions
made to the
condominium
property or
association
property
pursuant to
s.
718.113(2).
3. The
coverage
must exclude
all personal
property
within the
unit or
limited
common
elements,
and floor,
wall, and
ceiling
coverings,
electrical
fixtures,
appliances,
water
heaters,
water
filters,
built-in
cabinets and
countertops,
and window
treatments,
including
curtains,
drapes,
blinds,
hardware,
and similar
window
treatment
components,
or
replacements
of any of
the
foregoing
which are
located
within the
boundaries
of the unit
and serve
only such
unit. Such
property and
any
insurance
thereupon is
the
responsibility
of the unit
owner.
(g) A
condominium
unit owner
policy must
conform to
the
requirements
of s.
627.714.
1. All
reconstruction
work after a
property
loss must be
undertaken
by the
association
except as
otherwise
authorized
in this
section. A
unit owner
may
undertake
reconstruction
work on
portions of
the unit
with the
prior
written
consent of
the board of
administration.
However,
such work
may be
conditioned
upon the
approval of
the repair
methods, the
qualifications
of the
proposed
contractor,
or the
contract
that is used
for that
purpose. A
unit owner
must obtain
all required
governmental
permits and
approvals
before
commencing
reconstruction.
2. Unit
owners are
responsible
for the cost
of
reconstruction
of any
portions of
the
condominium
property for
which the
unit owner
is required
to carry
property
insurance,
or for which
the unit
owner is
responsible
under
paragraph
(j), and the
cost of any
such
reconstruction
work
undertaken
by the
association
is
chargeable
to the unit
owner and
enforceable
as an
assessment
and may be
collected in
the manner
provided for
the
collection
of
assessments
pursuant to
s. 718.116.
3. A
multicondominium
association
may elect,
by a
majority
vote of the
collective
members of
the
condominiums
operated by
the
association,
to operate
the
condominiums
as a single
condominium
for purposes
of insurance
matters,
including,
but not
limited to,
the purchase
of the
property
insurance
required by
this section
and the
apportionment
of
deductibles
and damages
in excess of
coverage.
The election
to aggregate
the
treatment of
insurance
premiums,
deductibles,
and excess
damages
constitutes
an amendment
to the
declaration
of all
condominiums
operated by
the
association,
and the
costs of
insurance
must be
stated in
the
association
budget. The
amendments
must be
recorded as
required by
s. 718.110.
(h) The
association
shall
maintain
insurance or
fidelity
bonding of
all persons
who control
or disburse
funds of the
association.
The
insurance
policy or
fidelity
bond must
cover the
maximum
funds that
will be in
the custody
of the
association
or its
management
agent at any
one time. As
used in this
paragraph,
the term
“persons who
control or
disburse
funds of the
association”
includes,
but is not
limited to,
those
individuals
authorized
to sign
checks on
behalf of
the
association,
and the
president,
secretary,
and
treasurer of
the
association.
The
association
shall bear
the cost of
any such
bonding.
(i) The
association
may amend
the
declaration
of
condominium
without
regard to
any
requirement
for approval
by
mortgagees
of
amendments
affecting
insurance
requirements
for the
purpose of
conforming
the
declaration
of
condominium
to the
coverage
requirements
of this
subsection.
(j) Any
portion of
the
condominium
property
that must be
insured by
the
association
against
property
loss
pursuant to
paragraph
(f) which is
damaged by
an insurable
event shall
be
reconstructed,
repaired, or
replaced as
necessary by
the
association
as a common
expense. In
the absence
of an
insurable
event, the
association
or the unit
owners shall
be
responsible
for the
reconstruction,
repair, or
replacement
as
determined
by the
maintenance
provisions
of the
declaration
or bylaws.
All property
insurance
deductibles
and other
damages in
excess of
property
insurance
coverage
under the
property
insurance
policies
maintained
by the
association
are a common
expense of
the
condominium,
except that:
1. A unit
owner is
responsible
for the
costs of
repair or
replacement
of any
portion of
the
condominium
property not
paid by
insurance
proceeds if
such damage
is caused by
intentional
conduct,
negligence,
or failure
to comply
with the
terms of the
declaration
or the rules
of the
association
by a unit
owner, the
members of
his or her
family, unit
occupants,
tenants,
guests, or
invitees,
without
compromise
of the
subrogation
rights of
the insurer.
2. The
provisions
of
subparagraph
1. regarding
the
financial
responsibility
of a unit
owner for
the costs of
repairing or
replacing
other
portions of
the
condominium
property
also apply
to the costs
of repair or
replacement
of personal
property of
other unit
owners or
the
association,
as well as
other
property,
whether real
or personal,
which the
unit owners
are required
to insure.
3. To the
extent the
cost of
repair or
reconstruction
for which
the unit
owner is
responsible
under this
paragraph is
reimbursed
to the
association
by insurance
proceeds,
and the
association
has
collected
the cost of
such repair
or
reconstruction
from the
unit owner,
the
association
shall
reimburse
the unit
owner
without the
waiver of
any rights
of
subrogation.
4. The
association
is not
obligated to
pay for
reconstruction
or repairs
of property
losses as a
common
expense if
the property
losses were
known or
should have
been known
to a unit
owner and
were not
reported to
the
association
until after
the
insurance
claim of the
association
for that
property was
settled or
resolved
with
finality, or
denied
because it
was untimely
filed.
(k) An
association
may, upon
the approval
of a
majority of
the total
voting
interests in
the
association,
opt out of
the
provisions
of paragraph
(j) for the
allocation
of repair or
reconstruction
expenses and
allocate
repair or
reconstruction
expenses in
the manner
provided in
the
declaration
as
originally
recorded or
as amended.
Such vote
may be
approved by
the voting
interests of
the
association
without
regard to
any
mortgagee
consent
requirements.
(l) In a
multicondominium
association
that has not
consolidated
its
financial
operations
under
subsection
(6), any
condominium
operated by
the
association
may opt out
of the
provisions
of paragraph
(j) with the
approval of
a majority
of the total
voting
interests in
that
condominium.
Such vote
may be
approved by
the voting
interests
without
regard to
any
mortgagee
consent
requirements.
(m) Any
association
or
condominium
voting to
opt out of
the
guidelines
for repair
or
reconstruction
expenses as
described in
paragraph
(j) must
record a
notice
setting
forth the
date of the
opt-out vote
and the page
of the
official
records book
on which the
declaration
is recorded.
The decision
to opt out
is effective
upon the
date of
recording of
the notice
in the
public
records by
the
association.
An
association
that has
voted to opt
out of
paragraph
(j) may
reverse that
decision by
the same
vote
required in
paragraphs
(k) and (l),
and notice
thereof
shall be
recorded in
the official
records.
(n) The
association
is not
obligated to
pay for any
reconstruction
or repair
expenses due
to property
loss to any
improvements
installed by
a current or
former owner
of the unit
or by the
developer if
the
improvement
benefits
only the
unit for
which it was
installed
and is not
part of the
standard
improvements
installed by
the
developer on
all units as
part of
original
construction,
whether or
not such
improvement
is located
within the
unit. This
paragraph
does not
relieve any
party of its
obligations
regarding
recovery due
under any
insurance
implemented
specifically
for such
improvements.
(o) The
provisions
of this
subsection
shall not
apply to
timeshare
condominium
associations.
Insurance
for
timeshare
condominium
associations
shall be
maintained
pursuant to
s. 721.165.
(12) OFFICIAL RECORDS.—
(a) From the
inception of
the
association,
the
association
shall
maintain
each of the
following
items, if
applicable,
which
constitutes
the official
records of
the
association:
1. A copy of
the plans,
permits,
warranties,
and other
items
provided by
the
developer
under s.
718.301(4).
2. A
photocopy of
the recorded
declaration
of
condominium
of each
condominium
operated by
the
association
and each
amendment to
each
declaration.
3. A
photocopy of
the recorded
bylaws of
the
association
and each
amendment to
the bylaws.
4. A
certified
copy of the
articles of
incorporation
of the
association,
or other
documents
creating the
association,
and each
amendment
thereto.
5. A copy of
the current
rules of the
association.
6. A book or
books that
contain the
minutes of
all meetings
of the
association,
the board of
administration,
and the unit
owners.
7. A current
roster of
all unit
owners and
their
mailing
addresses,
unit
identifications,
voting
certifications,
and, if
known,
telephone
numbers. The
association
shall also
maintain the
e-mail
addresses
and
facsimile
numbers of
unit owners
consenting
to receive
notice by
electronic
transmission.
The e-mail
addresses
and
facsimile
numbers are
not
accessible
to unit
owners if
consent to
receive
notice by
electronic
transmission
is not
provided in
accordance
with
sub-subparagraph
(c)3.e.
However, the
association
is not
liable for
an
inadvertent
disclosure
of the
e-mail
address or
facsimile
number for
receiving
electronic
transmission
of notices.
8. All
current
insurance
policies of
the
association
and
condominiums
operated by
the
association.
9. A current
copy of any
management
agreement,
lease, or
other
contract to
which the
association
is a party
or under
which the
association
or the unit
owners have
an
obligation
or
responsibility.
10. Bills of
sale or
transfer for
all property
owned by the
association.
11. Accounting
records for
the
association
and separate
accounting
records for
each
condominium
that the
association
operates.
Any person
who
knowingly or
intentionally
defaces or
destroys
such
records, or
who
knowingly or
intentionally
fails to
create or
maintain
such
records,
with the
intent of
causing harm
to the
association
or one or
more of its
members, is
personally
subject to a
civil
penalty
pursuant to
s.
718.501(1)(d).
The
accounting
records must
include, but
are not
limited to:
a. Accurate,
itemized,
and detailed
records of
all receipts
and
expenditures.
b. A current
account and
a monthly,
bimonthly,
or quarterly
statement of
the account
for each
unit
designating
the name of
the unit
owner, the
due date and
amount of
each
assessment,
the amount
paid on the
account, and
the balance
due.
c. All
audits,
reviews,
accounting
statements,
and
financial
reports of
the
association
or
condominium.
d. All
contracts
for work to
be
performed.
Bids for
work to be
performed
are also
considered
official
records and
must be
maintained
by the
association
for at least
1 year after
receipt of
the bid.
12. Ballots,
sign-in
sheets,
voting
proxies, and
all other
papers and
electronic
records
relating to
voting by
unit owners,
which must
be
maintained
for 1 year
from the
date of the
election,
vote, or
meeting to
which the
document
relates,
notwithstanding
paragraph
(b).
13. All
rental
records if
the
association
is acting as
agent for
the rental
of
condominium
units.
14. A copy
of the
current
question and
answer sheet
as described
in s.
718.504.
15. A copy
of the
inspection
report as
described in
s.
718.301(4)(p).
16. Bids for
materials,
equipment,
or services.
17. All
affirmative
acknowledgments
made
pursuant to
s.
718.121(4)(c).
18. All
other
written
records of
the
association
not
1specifically
included in
the
foregoing
which are
related to
the
operation of
the
association.
(b) The
official
records
specified in
subparagraphs
(a)1.-6.
must be
permanently
maintained
from the
inception of
the
association.
Bids for
work to be
performed or
for
materials,
equipment,
or services
must be
maintained
for at least
1 year after
receipt of
the bid. All
other
official
records must
be
maintained
within the
state for at
least 7
years,
unless
otherwise
provided by
general law.
The records
of the
association
shall be
made
available to
a unit owner
within 45
miles of the
condominium
property or
within the
county in
which the
condominium
property is
located
within 10
working days
after
receipt of a
written
request by
the board or
its
designee.
However,
such
distance
requirement
does not
apply to an
association
governing a
timeshare
condominium.
This
paragraph
may be
complied
with by
having a
copy of the
official
records of
the
association
available
for
inspection
or copying
on the
condominium
property or
association
property, or
the
association
may offer
the option
of making
the records
available to
a unit owner
electronically
via the
Internet or
by allowing
the records
to be viewed
in
electronic
format on a
computer
screen and
printed upon
request. The
association
is not
responsible
for the use
or misuse of
the
information
provided to
an
association
member or
his or her
authorized
representative
in
compliance
with this
chapter
unless the
association
has an
affirmative
duty not to
disclose
such
information
under this
chapter.
(c)1. The
official
records of
the
association
are open to
inspection
by any
association
member or
the
authorized
representative
of such
member at
all
reasonable
times. The
right to
inspect the
records
includes the
right to
make or
obtain
copies, at
the
reasonable
expense, if
any, of the
member or
authorized
representative
of such
member. A
renter of a
unit has a
right to
inspect and
copy only
the
declaration
of
condominium
and the
association’s
bylaws and
rules. The
association
may adopt
reasonable
rules
regarding
the
frequency,
time,
location,
notice, and
manner of
record
inspections
and copying
but may not
require a
member to
demonstrate
any purpose
or state any
reason for
the
inspection.
The failure
of an
association
to provide
the records
within 10
working days
after
receipt of a
written
request
creates a
rebuttable
presumption
that the
association
willfully
failed to
comply with
this
paragraph. A
unit owner
who is
denied
access to
official
records is
entitled to
the actual
damages or
minimum
damages for
the
association’s
willful
failure to
comply.
Minimum
damages are
$50 per
calendar day
for up to 10
days,
beginning on
the 11th
working day
after
receipt of
the written
request. The
failure to
permit
inspection
entitles any
person
prevailing
in an
enforcement
action to
recover
reasonable
attorney
fees from
the person
in control
of the
records who,
directly or
indirectly,
knowingly
denied
access to
the records.
2. Any
person who
knowingly or
intentionally
defaces or
destroys
accounting
records that
are required
by this
chapter to
be
maintained
during the
period for
which such
records are
required to
be
maintained,
or who
knowingly or
intentionally
fails to
create or
maintain
accounting
records that
are required
to be
created or
maintained,
with the
intent of
causing harm
to the
association
or one or
more of its
members, is
personally
subject to a
civil
penalty
pursuant to
s.
718.501(1)(d).
3. The
association
shall
maintain an
adequate
number of
copies of
the
declaration,
articles of
incorporation,
bylaws, and
rules, and
all
amendments
to each of
the
foregoing,
as well as
the question
and answer
sheet as
described in
s. 718.504
and year-end
financial
information
required
under this
section, on
the
condominium
property to
ensure their
availability
to unit
owners and
prospective
purchasers,
and may
charge its
actual costs
for
preparing
and
furnishing
these
documents to
those
requesting
the
documents.
An
association
shall allow
a member or
his or her
authorized
representative
to use a
portable
device,
including a
smartphone,
tablet,
portable
scanner, or
any other
technology
capable of
scanning or
taking
photographs,
to make an
electronic
copy of the
official
records in
lieu of the
association’s
providing
the member
or his or
her
authorized
representative
with a copy
of such
records. The
association
may not
charge a
member or
his or her
authorized
representative
for the use
of a
portable
device.
Notwithstanding
this
paragraph,
the
following
records are
not
accessible
to unit
owners:
a. Any
record
protected by
the
lawyer-client
privilege as
described in
s. 90.502
and any
record
protected by
the
work-product
privilege,
including a
record
prepared by
an
association
attorney or
prepared at
the
attorney’s
express
direction,
which
reflects a
mental
impression,
conclusion,
litigation
strategy, or
legal theory
of the
attorney or
the
association,
and which
was prepared
exclusively
for civil or
criminal
litigation
or for
adversarial
administrative
proceedings,
or which was
prepared in
anticipation
of such
litigation
or
proceedings
until the
conclusion
of the
litigation
or
proceedings.
b. Information
obtained by
an
association
in
connection
with the
approval of
the lease,
sale, or
other
transfer of
a unit.
c. Personnel
records of
association
or
management
company
employees,
including,
but not
limited to,
disciplinary,
payroll,
health, and
insurance
records. For
purposes of
this
sub-subparagraph,
the term
“personnel
records”
does not
include
written
employment
agreements
with an
association
employee or
management
company, or
budgetary or
financial
records that
indicate the
compensation
paid to an
association
employee.
d. Medical
records of
unit owners.
e. Social
security
numbers,
driver
license
numbers,
credit card
numbers,
e-mail
addresses,
telephone
numbers,
facsimile
numbers,
emergency
contact
information,
addresses of
a unit owner
other than
as provided
to fulfill
the
association’s
notice
requirements,
and other
personal
identifying
information
of any
person,
excluding
the person’s
name, unit
designation,
mailing
address,
property
address, and
any address,
e-mail
address, or
facsimile
number
provided to
the
association
to fulfill
the
association’s
notice
requirements.
Notwithstanding
the
restrictions
in this
sub-subparagraph,
an
association
may print
and
distribute
to unit
owners a
directory
containing
the name,
unit
address, and
all
telephone
numbers of
each unit
owner.
However, an
owner may
exclude his
or her
telephone
numbers from
the
directory by
so
requesting
in writing
to the
association.
An owner may
consent in
writing to
the
disclosure
of other
contact
information
described in
this
sub-subparagraph.
The
association
is not
liable for
the
inadvertent
disclosure
of
information
that is
protected
under this
sub-subparagraph
if the
information
is included
in an
official
record of
the
association
and is
voluntarily
provided by
an owner and
not
requested by
the
association.
f. Electronic
security
measures
that are
used by the
association
to safeguard
data,
including
passwords.
g. The
software and
operating
system used
by the
association
which allow
the
manipulation
of data,
even if the
owner owns a
copy of the
same
software
used by the
association.
The data is
part of the
official
records of
the
association.
h. All
affirmative
acknowledgments
made
pursuant to
s.
718.121(4)(c).
(d) The
association
shall
prepare a
question and
answer sheet
as described
in s.
718.504, and
shall update
it annually.
(e)1. The
association
or its
authorized
agent is not
required to
provide a
prospective
purchaser or
lienholder
with
information
about the
condominium
or the
association
other than
information
or documents
required by
this chapter
to be made
available or
disclosed.
The
association
or its
authorized
agent may
charge a
reasonable
fee to the
prospective
purchaser,
lienholder,
or the
current unit
owner for
providing
good faith
responses to
requests for
information
by or on
behalf of a
prospective
purchaser or
lienholder,
other than
that
required by
law, if the
fee does not
exceed $150
plus the
reasonable
cost of
photocopying
and any
attorney’s
fees
incurred by
the
association
in
connection
with the
response.
2. An
association
and its
authorized
agent are
not liable
for
providing
such
information
in good
faith
pursuant to
a written
request if
the person
providing
the
information
includes a
written
statement in
substantially
the
following
form: “The
responses
herein are
made in good
faith and to
the best of
my ability
as to their
accuracy.”
(f) An
outgoing
board or
committee
member must
relinquish
all official
records and
property of
the
association
in his or
her
possession
or under his
or her
control to
the incoming
board within
5 days after
the
election.
The division
shall impose
a civil
penalty as
set forth in
s.
718.501(1)(d)6.
against an
outgoing
board or
committee
member who
willfully
and
knowingly
fails to
relinquish
such records
and
property.
(g)1. By
January 1,
2019, an
association
managing a
condominium
with 150 or
more units
which does
not contain
timeshare
units shall
post digital
copies of
the
documents
specified in
subparagraph
2. on its
website or
make such
documents
available
through an
application
that can be
downloaded
on a mobile
device.
a. The
association’s
website or
application
must be:
(I) An
independent
website,
application,
or web
portal
wholly owned
and operated
by the
association;
or
(II) A
website,
application,
or web
portal
operated by
a
third-party
provider
with whom
the
association
owns,
leases,
rents, or
otherwise
obtains the
right to
operate a
web page,
subpage, web
portal,
collection
of subpages
or web
portals, or
an
application
which is
dedicated to
the
association’s
activities
and on which
required
notices,
records, and
documents
may be
posted or
made
available by
the
association.
b. The
association’s
website or
application
must be
accessible
through the
Internet and
must contain
a subpage,
web portal,
or other
protected
electronic
location
that is
inaccessible
to the
general
public and
accessible
only to unit
owners and
employees of
the
association.
c. Upon a
unit owner’s
written
request, the
association
must provide
the unit
owner with a
username and
password and
access to
the
protected
sections of
the
association’s
website or
application
which
contain any
notices,
records, or
documents
that must be
electronically
provided.
2. A current
copy of the
following
documents
must be
posted in
digital
format on
the
association’s
website or
application:
a. The
recorded
declaration
of
condominium
of each
condominium
operated by
the
association
and each
amendment to
each
declaration.
b. The
recorded
bylaws of
the
association
and each
amendment to
the bylaws.
c. The
articles of
incorporation
of the
association,
or other
documents
creating the
association,
and each
amendment to
the articles
of
incorporation
or other
documents.
The copy
posted
pursuant to
this
sub-subparagraph
must be a
copy of the
articles of
incorporation
filed with
the
Department
of State.
d. The rules
of the
association.
e. A list of
all
executory
contracts or
documents to
which the
association
is a party
or under
which the
association
or the unit
owners have
an
obligation
or
responsibility
and, after
bidding for
the related
materials,
equipment,
or services
has closed,
a list of
bids
received by
the
association
within the
past year.
Summaries of
bids for
materials,
equipment,
or services
which exceed
$500 must be
maintained
on the
website or
application
for 1 year.
In lieu of
summaries,
complete
copies of
the bids may
be posted.
f. The
annual
budget
required by
s.
718.112(2)(f)
and any
proposed
budget to be
considered
at the
annual
meeting.
g. The
financial
report
required by
subsection
(13) and any
monthly
income or
expense
statement to
be
considered
at a
meeting.
h. The
certification
of each
director
required by
s.
718.112(2)(d)4.b.
i. All
contracts or
transactions
between the
association
and any
director,
officer,
corporation,
firm, or
association
that is not
an
affiliated
condominium
association
or any other
entity in
which an
association
director is
also a
director or
officer and
financially
interested.
j. Any
contract or
document
regarding a
conflict of
interest or
possible
conflict of
interest as
provided in
ss.
468.436(2)(b)6.
and
718.3027(3).
k. The
notice of
any unit
owner
meeting and
the agenda
for the
meeting, as
required by
s.
718.112(2)(d)3.,
no later
than 14 days
before the
meeting. The
notice must
be posted in
plain view
on the front
page of the
website or
application,
or on a
separate
subpage of
the website
or
application
labeled
“Notices”
which is
conspicuously
visible and
linked from
the front
page. The
association
must also
post on its
website or
application
any document
to be
considered
and voted on
by the
owners
during the
meeting or
any document
listed on
the agenda
at least 7
days before
the meeting
at which the
document or
the
information
within the
document
will be
considered.
l. Notice of
any board
meeting, the
agenda, and
any other
document
required for
the meeting
as required
by s.
718.112(2)(c),
which must
be posted no
later than
the date
required for
notice under
s.
718.112(2)(c).
3. The
association
shall ensure
that the
information
and records
described in
paragraph
(c), which
are not
allowed to
be
accessible
to unit
owners, are
not posted
on the
association’s
website or
application.
If protected
information
or
information
restricted
from being
accessible
to unit
owners is
included in
documents
that are
required to
be posted on
the
association’s
website or
application,
the
association
shall ensure
the
information
is redacted
before
posting the
documents.
Notwithstanding
the
foregoing,
the
association
or its agent
is not
liable for
disclosing
information
that is
protected or
restricted
under this
paragraph
unless such
disclosure
was made
with a
knowing or
intentional
disregard of
the
protected or
restricted
nature of
such
information.
4. The
failure of
the
association
to post
information
required
under
subparagraph
2. is not in
and of
itself
sufficient
to
invalidate
any action
or decision
of the
association’s
board or its
committees.
(13) FINANCIAL REPORTING.—
Within 90 days
after the end of
the fiscal year,
or annually on a
date provided in
the bylaws, the
association
shall prepare
and complete, or
contract for the
preparation and
completion of, a
financial report
for the
preceding fiscal
year. Within 21
days after the
final financial
report is
completed by the
association or
received from
the third party,
but not later
than 120 days
after the end of
the fiscal year
or other date as
provided in the
bylaws, the
association
shall mail to
each unit owner
at the address
last furnished
to the
association by
the unit owner,
or hand deliver
to each unit
owner, a copy of
the most recent
financial report
or a notice that
a copy of the
most recent
financial report
will be mailed
or hand
delivered to the
unit owner,
without charge,
within 5
business days
after receipt of
a written
request from the
unit owner. The
division shall
adopt rules
setting forth
uniform
accounting
principles and
standards to be
used by all
associations and
addressing the
financial
reporting
requirements for
multicondominium
associations.
The rules must
include, but not
be limited to,
standards for
presenting a
summary of
association
reserves,
including a good
faith estimate
disclosing the
annual amount of
reserve funds
that would be
necessary for
the association
to fully fund
reserves for
each reserve
item based on
the
straight-line
accounting
method. This
disclosure is
not applicable
to reserves
funded via the
pooling method.
In adopting such
rules, the
division shall
consider the
number of
members and
annual revenues
of an
association.
Financial
reports shall be
prepared as
follows:
(a) An
association that
meets the
criteria of this
paragraph shall
prepare a
complete set of
financial
statements in
accordance with
generally
accepted
accounting
principles. The
financial
statements must
be based upon
the
association’s
total annual
revenues, as
follows:
1. An
association with
total annual
revenues of
$150,000 or
more, but less
than $300,000,
shall prepare
compiled
financial
statements.
2. An
association with
total annual
revenues of at
least $300,000,
but less than
$500,000, shall
prepare reviewed
financial
statements.
3. An
association with
total annual
revenues of
$500,000 or more
shall prepare
audited
financial
statements.
(b)1. An
association with
total annual
revenues of less
than $150,000
shall prepare a
report of cash
receipts and
expenditures.
2. A report of
cash receipts
and
disbursements
must disclose
the amount of
receipts by
accounts and
receipt
classifications
and the amount
of expenses by
accounts and
expense
classifications,
including, but
not limited to,
the following,
as applicable:
costs for
security,
professional and
management fees
and expenses,
taxes, costs for
recreation
facilities,
expenses for
refuse
collection and
utility
services,
expenses for
lawn care, costs
for building
maintenance and
repair,
insurance costs,
administration
and salary
expenses, and
reserves
accumulated and
expended for
capital
expenditures,
deferred
maintenance, and
any other
category for
which the
association
maintains
reserves.
(c) An
association may
prepare, without
a meeting of or
approval by the
unit owners:
1. Compiled,
reviewed, or
audited
financial
statements, if
the association
is required to
prepare a report
of cash receipts
and
expenditures;
2. Reviewed or
audited
financial
statements, if
the association
is required to
prepare compiled
financial
statements; or
3. Audited
financial
statements if
the association
is required to
prepare reviewed
financial
statements.
(d) If approved
by a majority of
the voting
interests
present at a
properly called
meeting of the
association, an
association may
prepare:
1. A report of
cash receipts
and expenditures
in lieu of a
compiled,
reviewed, or
audited
financial
statement;
2. A report of
cash receipts
and expenditures
or a compiled
financial
statement in
lieu of a
reviewed or
audited
financial
statement; or
3. A report of
cash receipts
and
expenditures, a
compiled
financial
statement, or a
reviewed
financial
statement in
lieu of an
audited
financial
statement.
Such meeting and
approval must
occur before the
end of the
fiscal year and
is effective
only for the
fiscal year in
which the vote
is taken, except
that the
approval may
also be
effective for
the following
fiscal year. If
the developer
has not turned
over control of
the association,
all unit owners,
including the
developer, may
vote on issues
related to the
preparation of
the
association’s
financial
reports, from
the date of
incorporation of
the association
through the end
of the second
fiscal year
after the fiscal
year in which
the certificate
of a surveyor
and mapper is
recorded
pursuant to s.
718.104(4)(e) or
an instrument
that transfers
title to a unit
in the
condominium
which is not
accompanied by a
recorded
assignment of
developer rights
in favor of the
grantee of such
unit is
recorded,
whichever occurs
first.
Thereafter, all
unit owners
except the
developer may
vote on such
issues until
control is
turned over to
the association
by the
developer. Any
audit or review
prepared under
this section
shall be paid
for by the
developer if
done before
turnover of
control of the
association.
(e) A unit owner
may provide
written notice
to the division
of the
association’s
failure to mail
or hand deliver
him or her a
copy of the most
recent financial
report within 5
business days
after he or she
submitted a
written request
to the
association for
a copy of such
report. If the
division
determines that
the association
failed to mail
or hand deliver
a copy of the
most recent
financial report
to the unit
owner, the
division shall
provide written
notice to the
association that
the association
must mail or
hand deliver a
copy of the most
recent financial
report to the
unit owner and
the division
within 5
business days
after it
receives such
notice from the
division. An
association that
fails to comply
with the
division’s
request may not
waive the
financial
reporting
requirement
provided in
paragraph (d)
for the fiscal
year in which
the unit owner’s
request was made
and the
following fiscal
year. A
financial report
received by the
division
pursuant to this
paragraph shall
be maintained,
and the division
shall provide a
copy of such
report to an
association
member upon his
or her request.
(14) COMMINGLING.—All
funds collected
by an
association
shall be
maintained
separately in
the
association’s
name. For
investment
purposes only,
reserve funds
may be
commingled with
operating funds
of the
association.
Commingled
operating and
reserve funds
shall be
accounted for
separately, and
a commingled
account shall
not, at any
time, be less
than the amount
identified as
reserve funds.
This subsection
does not
prohibit a
multicondominium
association from
commingling the
operating funds
of separate
condominiums or
the reserve
funds of
separate
condominiums.
Furthermore, for
investment
purposes only, a
multicondominium
association may
commingle the
operating funds
of separate
condominiums
with the reserve
funds of
separate
condominiums. A
manager or
business entity
required to be
licensed or
registered under
s. 468.432, or
an agent,
employee,
officer, or
director of an
association,
shall not
commingle any
association
funds with his
or her funds or
with the funds
of any other
condominium
association or
the funds of a
community
association as
defined in s.
468.431.
(15) DEBIT
CARDS.—
(a) An
association and
its officers,
directors,
employees, and
agents may not
use a debit card
issued in the
name of the
association, or
billed directly
to the
association, for
the payment of
any association
expense.
(b) Use of a
debit card
issued in the
name of the
association, or
billed directly
to the
association, for
any expense that
is not a lawful
obligation of
the association
may be
prosecuted as
credit card
fraud pursuant
to s. 817.61.