718.112 ---
NOTICES OF MEETINGS: Notice of any meeting
in which regular or special assessments against
unit owners are tobe considered must
specifically state that assessments will be
considered and provide the estimated cost and
description of thepurposes for such
assessments. In addition to any of the
authorized means of providing notice of a
meeting of the board, the association may, by
rule, adopt a procedure for conspicuously
posting the meeting notice and the agenda on a
website serving the condominium association for
at least the minimum period of time for which a
notice of a meeting is also required to
bephysically posted on the condominium property.
Any rule adopted shall, in addition to other
matters, include a requirement that the
association send an electronic notice in the
same manner as a notice for a meeting of the
members, which must include ahyperlink to the
website where the notice is posted, to unit
owners whose e-mail addresses are included in
the association's official records.
718.111 --- REQUIREMENT
TO PLACE OFFICIAL RECORDS ON A WEBSITE:
By January 1, 2019,
an association with 150 or more units which does
not manage timeshare units shall post digital
copies of the documents specified in
subparagraph 2. on its website. The
association's website must be: An independent
website or web portal wholly owned and by the
association; otherwise obtains the right to
operate a web page, subpage, web portal, or
collection of subpages or web portals dedicated
to the association's activities and on which
required notices, records, and documents may be
posted by the association.
The association's website
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. 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 that contain any notices, records, or
documents that must be electronically provided.
A current copy of the official records must be
posted in digital format on the association's
website: except for those records that must be
kept confidential. In addition: The notice of
any unit owner meeting and the agenda for the
annual meeting must be posted no later than 14
days before the meeting. The notice must be
posted in plain view on the front page of the
website, or on a separate subpage of the website
labeled "Notices" which is conspicuously visible
and linked from the front page. The association
must also post on its website 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. Notice of any board
meeting, the agenda, and any other document
required for the annual meeting must be posted
no later than the date required for notice
pursuant to s. 718.112(2)(c). The association
shall ensure that the information and records
that are required to be kept confidential are
not posted.
718.112 –TERM LIMITS
FOR BOARD MEMBERS: A board member may
not serve more than 8 consecutive years four
consecutive 2-year terms, unless approved by an
affirmative vote of unit owners representing
two-thirds of all votes cast in the election the
total voting interests of the association or
unless there are not enough eligible candidates
to fill the vacancies on the board at the time
of the vacancy.
718.707- BULK BUYERS –
BULK ASSIGNEES : The “bulk buyer”
statute no longer sunsets on July 1st,
2018. This means that it may be more difficult
for unit owners to object to large scale owners
controlling a majority of the seats on their
board.
718.113 MATERIAL
ALTERATIONS: Clarifies existing law that
unless otherwise stated in the governing
documents, 75 percent of the total voting
interests of the association must approve the
alterations or additions before the material
alterations or substantial additions are
commenced.
718.112 – RECALLS :
Clarifies that a board must hold a meeting
within five days of the service of the recall
ballots, and such member or members shall be
recalled effective immediately upon conclusion
of the board meeting provided that the recall is
facially valid. If the board fails to duly
notice and hold the required meeting or at the
conclusion of the meeting determines that the
recall is not facially valid, the unit owner
representative may file a petition pursuant to
s. 718.1255 challenging the board's failure to
act or challenging the board's determination on
facial validity. If a board member challenges
his or her recall, the petition may challenge
the facial validity of the written agreement or
ballots filed or the substantial compliance with
the procedural requirements for the recall. If
the arbitrator determines the recall was
invalid, the petitioning board member shall
immediately be reinstated and the recall is null
and void. A board member who is successful in
challenging a recall is entitled to recover
reasonable attorney fees and costs.
ELECTRIC VEHICLES:
A declaration of condominium or restrictive
covenant may not prohibit or be enforced so as
to prohibit any unit owner from installing an
electric vehicle charging station within the
boundaries of the unit owner's limited common
element parking area. The board of
administration of a condominium association may
not prohibit a unit owner from installing an
electric vehicle charging station for an
electric vehicle, as defined in s. 320.01,
within the boundaries of his or her limited
common element parking area. The installation of
such charging stations are subject to the
provisions of this subsection. (b) The
installation may not cause irreparable damage to
the condominium property (c) The electricity for
the electric vehicle charging station must be
separately metered and payable by the unit owner
installing such charging station. (d) The unit
owner who is installing an electric vehicle
charging station is responsible for the costs of
installation, operation, maintenance, and
repair, including, but not limited to, hazard
and liability insurance. The association may
enforce payment of such costs pursuant to s.
718.116. (f) The association may require the
unit owner to: 1. Comply with bona fide safety
requirements, consistent with applicable
building codes or recognized safety standards,
for the protection of persons and property. 2.
Comply with reasonable architectural standards
adopted by the association that govern the
dimensions, placement, or external appearance of
the electric vehicle charging station, provided
that such standards may not prohibit the
installation of such charging station or
substantially increase the cost thereof. 3.
Engage the services of a licensed and registered
electrical contractor or engineer familiar with
the installation and core requirements of an
electric vehicle charging station. 4. Provide a
certificate of insurance naming the association
as an additional insured on the owner's
insurance policy for any claim related to the
installation, maintenance, or use of the
electric vehicle charging station within 14 days
after receiving the association's approval to
install such charging station. 5. Reimburse the
association for the actual cost of any increased
insurance premium amount attributable to the
electric vehicle charging station within 14 days
after receiving the association's insurance
premium invoice. (g) The association provides
an implied easement across the common elements
of the condominium property to the unit owner
for purposes of the installation of the electric
vehicle charging station and the furnishing of
electrical power, including any necessary
equipment, to such charging station, subject to
the requirements of this subsection.
718.112 - SERVICE
PROVIDERS; CONFLICTS OF INTEREST : Last
year, The Florida Legislature prohibited an
association from entering into a contract for
goods and services with any company wherein a
member of the Board or a member of the Board
member’s family, had a financial interest. That
was repealed. Now, such a contract is allowed,
if the conflict is disclosed, two-thirds of the
non interested directors approve of the contract
At the next regular or special meeting of the
members, the existence of the contract or other
transaction shall be disclosed to the members.
Upon motion of any member, the contract or
transaction shall be brought up fora vote and
may be canceled by a majority vote of the
members present. If the contract is canceled,
the association is only liable for the
reasonable value of the goods and services
provided up to the time of cancellation and is
not liable for any termination fee, liquidated
damages, or other form of penalty for such
cancellation.
718.303 AND 720.305 –
FINES: If the proposed fine or
suspension is approved by the committee, the
fine payment is due 5 days after the date of the
committee meeting at which the fine is approved.
The association must provide written notice of
such fine or suspension by mail or hand delivery
to the unit owner and, if applicable, to any
tenant, licensee, or invitee of the unit owner.