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Amendment CaShTmL-313072.HTM
                                                  SENATE AMENDMENT
    Bill No. CS for CS for SB 2984
    Amendment No. ___   Barcode 313072
                            CHAMBER ACTION
              Senate                               House
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       04/26/2004 07:14 PM         .                    
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11  Senator Campbell moved the following amendment:
12  
13         Senate Amendment (with title amendment) 
14         On page 3, line 6,
15  
16  insert:  
17         Section 1.  Paragraph (e) of subsection (12) of section
18  718.111, Florida Statutes, is amended to read:
19         718.111  The association.--
20         (12)  OFFICIAL RECORDS.--
21         (e)1.  The association or its authorized agent is shall
22  not be required to provide a prospective purchaser or
23  lienholder with information about the condominium or the
24  association other than information or documents required by
25  this chapter to be made available or disclosed. The
26  association or its authorized agent may shall be entitled to
27  charge a reasonable fee to the prospective purchaser,
28  lienholder, or the current unit owner for its time in
29  providing good faith responses to requests for information by
30  or on behalf of a prospective purchaser or lienholder, other
31  than that required by law, if the provided that such fee does
                                  1
    8:41 AM   04/26/04                               s2984.ri32.01

SENATE AMENDMENT Bill No. CS for CS for SB 2984 Amendment No. ___ Barcode 313072 1 shall not exceed $150 plus the reasonable cost of photocopying 2 and any attorney's fees incurred by the association in 3 connection with the association's response. 4 2. An association and its authorized agent are not 5 liable for providing such information in good faith pursuant 6 to a written request if the person providing the information 7 includes a written statement in substantially the following 8 form: "The responses herein are made in good faith and to the 9 best of my ability as to their accuracy." 10 Section 2. Subsection (2) of section 720.303, Florida 11 Statutes, is amended to read: 12 720.303 Association powers and duties; meetings of 13 board; official records; budgets; financial reporting.-- 14 (2) BOARD MEETINGS.--A meeting of the board of 15 directors of an association occurs whenever a quorum of the 16 board gathers to conduct association business. All meetings 17 of the board must be open to all members except for meetings 18 between the board and its attorney with respect to proposed or 19 pending litigation where the contents of the discussion would 20 otherwise be governed by the attorney-client privilege. 21 Notices of all board meetings must be posted in a conspicuous 22 place in the community at least 48 hours in advance of a 23 meeting, except in an emergency. In the alternative, if 24 notice is not posted in a conspicuous place in the community, 25 notice of each board meeting must be mailed or delivered to 26 each member at least 7 days before the meeting, except in an 27 emergency. Notwithstanding this general notice requirement, 28 for communities with more than 100 members, the bylaws may 29 provide for a reasonable alternative to posting or mailing of 30 notice for each board meeting, including publication of 31 notice, provision of a schedule of board meetings, or the 2 8:41 AM 04/26/04 s2984.ri32.01
SENATE AMENDMENT Bill No. CS for CS for SB 2984 Amendment No. ___ Barcode 313072 1 conspicuous posting and repeated broadcasting of the notice on 2 a closed-circuit cable television system serving the 3 homeowners' association. However, if broadcast notice is used 4 in lieu of a notice posted physically in the community, the 5 notice must be broadcast at least four times every broadcast 6 hour of each day that a posted notice is otherwise required. 7 When broadcast notice is provided, the notice and agenda must 8 be broadcast in a manner and for a sufficient continuous 9 length of time so as to allow an average reader to observe the 10 notice and read and comprehend the entire content of the 11 notice and the agenda. The bylaws or amended bylaws may 12 provide for giving notice by electronic transmission in a 13 manner authorized by law for meetings of the board of 14 directors, committee meetings requiring notice under this 15 section, and annual and special meetings of the members; 16 however, a member must consent in writing to receiving notice 17 by electronic transmission. An assessment may not be levied at 18 a board meeting unless a written the notice of the meeting is 19 provided to all members at least 14 days before the meeting, 20 which notice includes a statement that assessments will be 21 considered at the meeting and the nature of the assessments. 22 Rules that regulate the use of parcels in the community may 23 not be adopted, amended, or revoked at a board meeting unless 24 a written meeting notice is provided to all members at least 25 14 days before the meeting, which notice includes a statement 26 that changes to the rules regarding the use of parcels will be 27 considered at the meeting. Directors may not vote by proxy or 28 by secret ballot at board meetings, except that secret ballots 29 may be used in the election of officers. This subsection also 30 applies to the meetings of any committee or other similar 31 body, when a final decision will be made regarding the 3 8:41 AM 04/26/04 s2984.ri32.01
SENATE AMENDMENT Bill No. CS for CS for SB 2984 Amendment No. ___ Barcode 313072 1 expenditure of association funds, and to any body vested with 2 the power to approve or disapprove architectural decisions 3 with respect to a specific parcel of residential property 4 owned by a member of the community. 5 Section 3. Subsection (3) of section 768.1325, Florida 6 Statutes, is amended, and subsection (6) is added to that 7 section, to read: 8 768.1325 Cardiac Arrest Survival Act; immunity from 9 civil liability.-- 10 (3) Notwithstanding any other provision of law to the 11 contrary, and except as provided in subsection (4), any person 12 who uses or attempts to use an automated external 13 defibrillator device on a victim of a perceived medical 14 emergency, without objection of the victim of the perceived 15 medical emergency, is immune from civil liability for any harm 16 resulting from the use or attempted use of such device. In 17 addition, any person who acquired the device, including, but 18 not limited to, a community association organized under 19 chapter 617, chapter 718, chapter 719, chapter 720, chapter 20 721, or chapter 723, is immune from such liability, if the 21 harm was not due to the failure of such acquirer of the device 22 to: 23 (a) Notify the local emergency medical services 24 medical director of the most recent placement of the device 25 within a reasonable period of time after the device was 26 placed; 27 (b) Properly maintain and test the device; or 28 (c) Provide appropriate training in the use of the 29 device to an employee or agent of the acquirer when the 30 employee or agent was the person who used the device on the 31 victim, except that such requirement of training does not 4 8:41 AM 04/26/04 s2984.ri32.01
SENATE AMENDMENT Bill No. CS for CS for SB 2984 Amendment No. ___ Barcode 313072 1 apply if: 2 1. The employee or agent was not an employee or agent 3 who would have been reasonably expected to use the device; or 4 2. The period of time elapsing between the engagement 5 of the person as an employee or agent and the occurrence of 6 the harm, or between the acquisition of the device and the 7 occurrence of the harm in any case in which the device was 8 acquired after engagement of the employee or agent, was not a 9 reasonably sufficient period in which to provide the training. 10 (6) An insurer may not require an acquirer of an 11 automated external defibrillator device which is a community 12 association organized under chapter 617, chapter 718, chapter 13 719, chapter 720, chapter 721, or chapter 723 to purchase 14 medical malpractice liability coverage as a condition of 15 issuing any other coverage carried by the association, and an 16 insurer may not exclude damages resulting from the use of an 17 automated external defibrillator device from coverage under a 18 general liability policy issued to an association. 19 Section 4. Paragraphs (f) and (l) of subsection (2) of 20 section 718.112, Florida Statutes, are amended to read: 21 718.112 Bylaws.-- 22 (2) REQUIRED PROVISIONS.--The bylaws shall provide for 23 the following and, if they do not do so, shall be deemed to 24 include the following: 25 (f) Annual budget.-- 26 1. The proposed annual budget of common expenses shall 27 be detailed and shall show the amounts budgeted by accounts 28 and expense classifications, including, if applicable, but not 29 limited to, those expenses listed in s. 718.504(21). A 30 multicondominium association shall adopt a separate budget of 31 common expenses for each condominium the association operates 5 8:41 AM 04/26/04 s2984.ri32.01
SENATE AMENDMENT Bill No. CS for CS for SB 2984 Amendment No. ___ Barcode 313072 1 and shall adopt a separate budget of common expenses for the 2 association. In addition, if the association maintains limited 3 common elements with the cost to be shared only by those 4 entitled to use the limited common elements as provided for in 5 s. 718.113(1), the budget or a schedule attached thereto shall 6 show amounts budgeted therefor. If, after turnover of control 7 of the association to the unit owners, any of the expenses 8 listed in s. 718.504(21) are not applicable, they need not be 9 listed. 10 2. In addition to annual operating expenses, the 11 budget shall include reserve accounts for capital expenditures 12 and deferred maintenance. These accounts shall include, but 13 are not limited to, roof replacement, building painting, and 14 pavement resurfacing, regardless of the amount of deferred 15 maintenance expense or replacement cost, and for any other 16 item for which the deferred maintenance expense or replacement 17 cost exceeds $10,000. The amount to be reserved shall be 18 computed by means of a formula which is based upon estimated 19 remaining useful life and estimated replacement cost or 20 deferred maintenance expense of each reserve item. The 21 association may adjust replacement reserve assessments 22 annually to take into account any changes in estimates or 23 extension of the useful life of a reserve item caused by 24 deferred maintenance. This subsection does not apply to an 25 adopted budget in which the members of an association have 26 determined, by a majority vote at a duly called meeting of the 27 association, to provide no reserves or less reserves than 28 required by this subsection. However, prior to turnover of 29 control of an association by a developer to unit owners other 30 than a developer pursuant to s. 718.301, the developer may 31 vote to waive the reserves or reduce the funding of reserves 6 8:41 AM 04/26/04 s2984.ri32.01
SENATE AMENDMENT Bill No. CS for CS for SB 2984 Amendment No. ___ Barcode 313072 1 for the first 2 fiscal years of the association's operation, 2 beginning with the fiscal year in which the initial 3 declaration is recorded, after which time reserves may be 4 waived or reduced only upon the vote of a majority of all 5 nondeveloper voting interests voting in person or by limited 6 proxy at a duly called meeting of the association. If a 7 meeting of the unit owners has been called to determine 8 whether to waive or reduce the funding of reserves, and no 9 such result is achieved or a quorum is not attained, the 10 reserves as included in the budget shall go into effect. After 11 the turnover, the developer may vote its voting interest to 12 waive or reduce the funding of reserves. 13 3. Reserve funds and any interest accruing thereon 14 shall remain in the reserve account or accounts, and shall be 15 used only for authorized reserve expenditures unless their use 16 for other purposes is approved in advance by a majority vote 17 at a duly called meeting of the association. Prior to turnover 18 of control of an association by a developer to unit owners 19 other than the developer pursuant to s. 718.301, the 20 developer-controlled association shall not vote to use 21 reserves for purposes other than that for which they were 22 intended without the approval of a majority of all 23 nondeveloper voting interests, voting in person or by limited 24 proxy at a duly called meeting of the association. 25 4. In a multicondominium association, The only voting 26 interests which are eligible to vote on questions that involve 27 waiving or reducing the funding of reserves, or using existing 28 reserve funds for purposes other than purposes for which the 29 reserves were intended, are the voting interests of the units 30 subject to assessment to fund the reserves in question. 31 (l) Certificate of compliance.--There shall be a 7 8:41 AM 04/26/04 s2984.ri32.01
SENATE AMENDMENT Bill No. CS for CS for SB 2984 Amendment No. ___ Barcode 313072 1 provision that a certificate of compliance from a licensed 2 electrical contractor or electrician may be accepted by the 3 association's board as evidence of compliance of the 4 condominium units with the applicable fire and life safety 5 code. Notwithstanding the provisions of chapter 633 or of any 6 other code, statute, ordinance, administrative rule, or 7 regulation, or any interpretation of the foregoing, an 8 association, condominium, or unit owner is not obligated to 9 retrofit the common elements or units of a residential 10 condominium with a fire sprinkler system or other engineered 11 lifesafety system in a building that has been certified for 12 occupancy by the applicable governmental entity, if the unit 13 owners have voted to forego such retrofitting and engineered 14 lifesafety system by the affirmative vote of two-thirds of all 15 voting interests in the affected condominium. However, a 16 condominium association may not vote to forego the 17 retrofitting with a fire sprinkler system of common areas in a 18 high-rise building. For purposes of this subsection, the term 19 "high-rise building" means a building that is greater than 75 20 feet in height where the building height is measured from the 21 lowest level of fire department access to the floor of the 22 highest occupiable story. For purposes of this subsection, the 23 term "common areas" means any enclosed hallway, corridor, 24 lobby, stairwell, or entryway. In no event shall the local 25 authority having jurisdiction require completion of 26 retrofitting of common areas with a sprinkler system before 27 the end of 2014. 28 1. A vote to forego retrofitting may not be obtained 29 by general proxy or limited proxy or by a ballot, but shall be 30 obtained by a vote personally cast at a duly called membership 31 meeting, or by execution of a written consent by the member, 8 8:41 AM 04/26/04 s2984.ri32.01
SENATE AMENDMENT Bill No. CS for CS for SB 2984 Amendment No. ___ Barcode 313072 1 and shall be effective upon the recording of a certificate 2 attesting to such vote in the public records of the county 3 where the condominium is located. The association shall mail, 4 hand deliver, or electronically transmit to provide each unit 5 owner written notice at least 14 days prior to such membership 6 meeting in which of the vote to forego retrofitting of the 7 required fire sprinkler system is to take place, in at least 8 16-point bold type, by certified mail, within 20 days after 9 the association's vote. Within 30 days after the association's 10 opt-out vote, notice of the results of the opt-out vote shall 11 be mailed, hand delivered, or electronically transmitted to 12 all unit owners. Evidence of compliance with this 30-day 13 notice shall be made by an affidavit executed by the person 14 providing the notice and filed among the official records of 15 the association. After such notice is provided to each owner, 16 a copy of such notice shall be provided by the current owner 17 to a new owner prior to closing and shall be provided by a 18 unit owner to a renter prior to signing a lease. 19 2. As part of the information collected annually from 20 condominiums, the division shall require condominium 21 associations to report the membership vote and recording of a 22 certificate under this subsection and, if retrofitting has 23 been undertaken, the per-unit cost of such work. The division 24 shall annually report to the Division of State Fire Marshal of 25 the Department of Financial Services the number of 26 condominiums that have elected to forego retrofitting. 27 Section 5. Paragraph (a) of subsection (5) of section 28 719.1055, Florida Statutes, is amended to read: 29 719.1055 Amendment of cooperative documents; 30 alteration and acquisition of property.-- 31 (5) Notwithstanding the provisions of chapter 633 or 9 8:41 AM 04/26/04 s2984.ri32.01
SENATE AMENDMENT Bill No. CS for CS for SB 2984 Amendment No. ___ Barcode 313072 1 of any other code, statute, ordinance, administrative rule, or 2 regulation, or any interpretation of the foregoing, a 3 cooperative or unit owner is not obligated to retrofit the 4 common elements or units of a residential cooperative with a 5 fire sprinkler system or other engineered life safety system 6 in a building that has been certified for occupancy by the 7 applicable governmental entity, if the unit owners have voted 8 to forego such retrofitting and engineered life safety system 9 by the affirmative vote of two-thirds of all voting interests 10 in the affected cooperative. However, a cooperative may not 11 forego the retrofitting with a fire sprinkler system of common 12 areas in a high-rise building. For purposes of this 13 subsection, the term "high-rise building" means a building 14 that is greater than 75 feet in height where the building 15 height is measured from the lowest level of fire department 16 access to the floor of the highest occupiable story. For 17 purposes of this subsection, the term "common areas" means any 18 enclosed hallway, corridor, lobby, stairwell, or entryway. In 19 no event shall the local authority having jurisdiction require 20 completion of retrofitting of common areas with a sprinkler 21 system before the end of 2014. 22 (a) A vote to forego retrofitting may not be obtained 23 by general proxy or limited proxy or by a ballot, but shall be 24 obtained by a vote personally cast at a duly called membership 25 meeting, or by execution of a written consent by the member, 26 and shall be effective upon the recording of a certificate 27 attesting to such vote in the public records of the county 28 where the cooperative is located. The association shall mail, 29 hand deliver, or electronically transmit to provide each unit 30 owner written notice at least 14 days prior to such membership 31 meeting in which of the vote to forego retrofitting of the 10 8:41 AM 04/26/04 s2984.ri32.01
SENATE AMENDMENT Bill No. CS for CS for SB 2984 Amendment No. ___ Barcode 313072 1 required fire sprinkler system is to take place, in at least 2 16-point bold type, by certified mail, within 20 days after 3 the association's vote. Within 30 days after the association's 4 opt-out vote, notice of the results of the opt-out vote shall 5 be mailed, hand delivered, or electronically transmitted to 6 all unit owners. Evidence of compliance with this 30-day 7 notice shall be made by an affidavit executed by the person 8 providing the notice and filed among the official records of 9 the association. After such notice is provided to each owner, 10 a copy of such notice shall be provided by the current owner 11 to a new owner prior to closing and shall be provided by a 12 unit owner to a renter prior to signing a lease. 13 Section 6. Subsection (2) of section 718.503, Florida 14 Statutes, is amended to read: 15 718.503 Developer disclosure prior to sale; 16 nondeveloper unit owner disclosure prior to sale; 17 voidability.-- 18 (2) NONDEVELOPER DISCLOSURE.-- 19 (a) Each unit owner who is not a developer as defined 20 by this chapter shall comply with the provisions of this 21 subsection prior to the sale of his or her unit. Each 22 prospective purchaser who has entered into a contract for the 23 purchase of a condominium unit is entitled, at the seller's 24 expense, to a current copy of the declaration of condominium, 25 articles of incorporation of the association, bylaws, and 26 rules of the association, and a copy of the financial 27 information required by s. 718.111, and the document entitled 28 "Frequently Asked Questions and Answers" required by s. 29 718.504. 30 (b) If a person licensed under part I of chapter 475 31 provides to or otherwise obtains for a prospective purchaser 11 8:41 AM 04/26/04 s2984.ri32.01
SENATE AMENDMENT Bill No. CS for CS for SB 2984 Amendment No. ___ Barcode 313072 1 the documents described in this subsection, the person is not 2 liable for any error or inaccuracy contained in the documents. 3 (c) Each contract entered into after July 1, 1992, for 4 the resale of a residential unit shall contain in conspicuous 5 type either: 6 1. A clause which states: THE BUYER HEREBY 7 ACKNOWLEDGES THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF 8 THE DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION OF 9 THE ASSOCIATION, BYLAWS AND, RULES OF THE ASSOCIATION, AND A 10 COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND 11 FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT MORE THAN 3 12 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, PRIOR 13 TO EXECUTION OF THIS CONTRACT; or 14 2. A clause which states: THIS AGREEMENT IS VOIDABLE 15 BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION 16 TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND 17 LEGAL HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT 18 BY THE BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE 19 DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS 20 AND, RULES OF THE ASSOCIATION, AND A COPY OF THE MOST RECENT 21 YEAR-END FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS 22 AND ANSWERS DOCUMENT IF SO REQUESTED IN WRITING. ANY PURPORTED 23 WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. 24 BUYER MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE 25 THAN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, 26 AFTER THE BUYER RECEIVES THE DECLARATION, ARTICLES OF 27 INCORPORATION, BYLAWS, AND RULES OF THE ASSOCIATION, AND A 28 COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND 29 FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT IF REQUESTED 30 IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL 31 TERMINATE AT CLOSING. 12 8:41 AM 04/26/04 s2984.ri32.01
SENATE AMENDMENT Bill No. CS for CS for SB 2984 Amendment No. ___ Barcode 313072 1 2 A contract that does not conform to the requirements of this 3 paragraph is voidable at the option of the purchaser prior to 4 closing. 5 Section 7. Section 720.403, Florida Statutes, is 6 created to read: 7 720.403 Preservation of residential communities; 8 revival of declaration of covenants.-- 9 (1) Consistent with required and optional elements of 10 local comprehensive plans and other applicable provisions of 11 the Local Government Comprehensive Planning and Land 12 Development Regulation Act, homeowners are encouraged to 13 preserve existing residential communities, promote available 14 and affordable housing, protect structural and aesthetic 15 elements of their residential community, and, as applicable, 16 maintain roads and streets, easements, water and sewer 17 systems, utilities, drainage improvements, conservation and 18 open areas, recreational amenities, and other infrastructure 19 and common areas that serve and support the residential 20 community by the revival of a previous declaration of 21 covenants and other governing documents that may have ceased 22 to govern some or all parcels in the community. 23 (2) In order to preserve a residential community and 24 the associated infrastructure and common areas for the 25 purposes described in this section, the parcel owners in a 26 community that was previously subject to a declaration of 27 covenants that has ceased to govern one or more parcels in the 28 community may revive the declaration and the homeowners' 29 association for the community upon approval by the parcel 30 owners to be governed thereby as provided in this act, and 31 upon approval of the declaration and the other governing 13 8:41 AM 04/26/04 s2984.ri32.01
SENATE AMENDMENT Bill No. CS for CS for SB 2984 Amendment No. ___ Barcode 313072 1 documents for the association by the Department of Community 2 Affairs in a manner consistent with this act. 3 Section 8. Section 720.404, Florida Statutes, is 4 created to read: 5 720.404 Eligible residential communities; requirements 6 for revival of declaration.--Parcel owners in a community are 7 eligible to seek approval from the Department of Community 8 Affairs to revive a declaration of covenants under this act if 9 all of the following requirements are met: 10 (1) All parcels to be governed by the revived 11 declaration must have been once governed by a previous 12 declaration that has ceased to govern some or all of the 13 parcels in the community; 14 (2) The revived declaration must be approved in the 15 manner provided in s. 720.405(6); and 16 (3) The revived declaration may not contain covenants 17 that are more restrictive on the parcel owners than the 18 covenants contained in the previous declaration, except that 19 the declaration may: 20 (a) Have an effective term of longer duration than the 21 term of the previous declaration; 22 (b) Omit restrictions contained in the previous 23 declaration; 24 (c) Govern fewer than all of the parcels governed by 25 the previous declaration; 26 (d) Provide for amendments to the declaration and 27 other governing documents; and 28 (e) Contain provisions required by this chapter for 29 new declarations that were not contained in the previous 30 declaration. 31 Section 9. Section 720.405, Florida Statutes, is 14 8:41 AM 04/26/04 s2984.ri32.01
SENATE AMENDMENT Bill No. CS for CS for SB 2984 Amendment No. ___ Barcode 313072 1 created to read: 2 720.405 Organizing committee; parcel owner approval.-- 3 (1) The proposal to revive a declaration of covenants 4 and a homeowners' association for a community under the terms 5 of this act shall be initiated by an organizing committee 6 consisting of not less than three parcel owners located in the 7 community that is proposed to be governed by the revived 8 declaration. The name, address, and telephone number of each 9 member of the organizing committee must be included in any 10 notice or other document provided by the committee to parcel 11 owners to be affected by the proposed revived declaration. 12 (2) The organizing committee shall prepare or cause to 13 be prepared the complete text of the proposed revised 14 declaration of covenants to be submitted to the parcel owners 15 for approval. The proposed revived documents must identify 16 each parcel that is to be subject to the governing documents 17 by its legal description, and by the name of the parcel owner 18 or the person in whose name the parcel is assessed on the last 19 completed tax assessment roll of the county at the time when 20 the proposed revived declaration is submitted for approval by 21 the parcel owners. 22 (3) The organizing committee shall prepare the full 23 text of the proposed articles of incorporation and bylaws of 24 the revived homeowners' association to be submitted to the 25 parcel owners for approval, unless the association is then an 26 existing corporation, in which case the organizing committee 27 shall prepare the existing articles of incorporation and 28 bylaws to be submitted to the parcel owners. 29 (4) The proposed revived declaration and other 30 governing documents for the community shall: 31 (a) Provide that the voting interest of each parcel 15 8:41 AM 04/26/04 s2984.ri32.01
SENATE AMENDMENT Bill No. CS for CS for SB 2984 Amendment No. ___ Barcode 313072 1 owner shall be the same as the voting interest of the parcel 2 owner under the previous governing documents; 3 (b) Provide that the proportional-assessment 4 obligations of each parcel owner shall be the same as 5 proportional-assessment obligations of the parcel owner under 6 the previous governing documents; 7 (c) Contain the same respective amendment provisions 8 as the previous governing documents or, if there were no 9 amendment provisions in the previous governing document, 10 amendment provisions that require approval of not less than 11 two-thirds of the affected parcel owners; 12 (d) Contain no covenants that are more restrictive on 13 the affected parcel owners than the covenants contained in the 14 previous governing documents, except as permitted under s. 15 720.402(3); and 16 (e) Comply with the other requirements for a 17 declaration of covenants and other governing documents as 18 specified in this chapter. 19 (5) A copy of the complete text of the proposed 20 revised declaration of covenants, the proposed new or existing 21 articles of incorporation and bylaws of the homeowners' 22 association, and a graphic depiction of the property to be 23 governed by the revived declaration shall be presented to all 24 of the affected parcel owners by mail or hand delivery not 25 less than 14 days before the time that the consent of the 26 affected parcel owners to the proposed governing documents is 27 sought by the organizing committee. 28 (6) A majority of the affected parcel owners must 29 agree in writing to the revived declaration of covenants and 30 governing documents of the homeowners' association or approve 31 the revived declaration and governing documents by a vote at a 16 8:41 AM 04/26/04 s2984.ri32.01
SENATE AMENDMENT Bill No. CS for CS for SB 2984 Amendment No. ___ Barcode 313072 1 meeting of the affected parcel owners noticed and conducted in 2 the manner prescribed by s. 720.306. Proof of notice of the 3 meeting to all affected owners of the meeting and the minutes 4 of the meeting recording the votes of the property owners 5 shall be certified by a court reporter or an attorney licensed 6 to practice in the state. 7 Section 10. Section 720.406, Florida Statutes, is 8 created to read: 9 720.406 Department of Community Affairs; submission; 10 review and determination.-- 11 (1) No later than 60 days after the date the proposed 12 revived declaration and other governing documents are approved 13 by the affected parcel owners, the organizing committee or its 14 designee must submit the proposed revived governing documents 15 and supporting materials to the Department of Community 16 Affairs to review and determine whether to approve or 17 disapprove of the proposal to preserve the residential 18 community. The submission to the department must include: 19 (a) The full text of the proposed revived declaration 20 of covenants and articles of incorporation and bylaws of the 21 homeowners' association; 22 (b) A verified copy of the previous declaration of 23 covenants and other previous governing documents for the 24 community, including any amendments thereto; 25 (c) The legal description of each parcel to be subject 26 to the revived declaration and other governing documents and a 27 plat or other graphic depiction of the affected properties in 28 the community; 29 (d) A verified copy of the written consents of the 30 requisite number of the affected parcel owners approving the 31 revived declaration and other governing documents or, if 17 8:41 AM 04/26/04 s2984.ri32.01
SENATE AMENDMENT Bill No. CS for CS for SB 2984 Amendment No. ___ Barcode 313072 1 approval was obtained by a vote at a meeting of affected 2 parcel owners, verified copies of the notice of the meeting, 3 attendance, and voting results; 4 (e) An affidavit by a current or former officer of the 5 association or by a member of the organizing committee 6 verifying that the requirements for the revived declaration 7 set forth in s. 720.404 have been satisfied; and 8 (f) Such other documentation that the organizing 9 committee believes is supportive of the policy of preserving 10 the residential community and operating, managing, and 11 maintaining the infrastructure, aesthetic character, and 12 common areas serving the residential community. 13 (2) No later than 60 days after receiving the 14 submission, the department must determine whether the proposed 15 revived declaration of covenants and other governing documents 16 comply with the requirements of this act. 17 (a) If the department determines that the proposed 18 revived declaration and other governing documents comply with 19 the act and have been approved by the parcel owners as 20 required by this act, the department shall notify the 21 organizing committee in writing of its approval. 22 (b) If the department determines that the proposed 23 revived declaration and other governing documents do not 24 comply with this act or have not been approved as required by 25 this act, the department shall notify the organizing committee 26 in writing that it does not approve the governing documents 27 and shall state the reasons for the disapproval. 28 Section 11. Section 720.407, Florida Statutes, is 29 created to read: 30 720.407 Recording; notice of recording; applicability 31 and effective date.-- 18 8:41 AM 04/26/04 s2984.ri32.01
SENATE AMENDMENT Bill No. CS for CS for SB 2984 Amendment No. ___ Barcode 313072 1 (1) No later than 30 days after receiving approval 2 from the department, the organizing committee shall file the 3 articles of incorporation of the association with the Division 4 of Corporations of the Department of State if the articles 5 have not been previously filed with the division. 6 (2) No later than 30 days after receiving approval 7 from the division, the president and secretary of the 8 association shall execute the revived declaration and other 9 governing documents approved by the department in the name of 10 the association and have the documents recorded with the clerk 11 of the circuit court in the county where the affected parcels 12 are located. 13 (3) The recorded documents shall include the full text 14 of the approved declaration of covenants, the articles of 15 incorporation and bylaws of the homeowners' association, the 16 letter of approval by the department, and the legal 17 description of each affected parcel of property. For purposes 18 of chapter 712, the association is deemed to be and shall be 19 indexed as the grantee in a title transaction and the parcel 20 owners named in the revived declaration are deemed to be and 21 shall be indexed as the grantors in the title transaction. 22 (4) Immediately after recording the documents, a 23 complete copy of all of the approved recorded documents must 24 be mailed or hand delivered to the owner of each affected 25 parcel. The revived declaration and other governing documents 26 shall be effective upon recordation in the public records with 27 respect to each affected parcel subject thereto, regardless of 28 whether the particular parcel owner approved the revived 29 declaration. Upon recordation, the revived declaration shall 30 replace and supersede the previous declaration with respect to 31 all affected parcels then governed by the previous declaration 19 8:41 AM 04/26/04 s2984.ri32.01
SENATE AMENDMENT Bill No. CS for CS for SB 2984 Amendment No. ___ Barcode 313072 1 and shall have the same record priority as the superseded 2 previous declaration. With respect to any affected parcels 3 that had ceased to be governed by the previous declaration as 4 of the recording date, the revived declaration may not have 5 retroactive effect with respect to the parcel and shall take 6 priority with respect to the parcel as of the recording date. 7 (5) With respect to any parcel that has ceased to be 8 governed by a previous declaration of covenants as of the 9 effective date of this act, the parcel owner may commence an 10 action within one year after the effective date of this act 11 for a judicial determination that the previous declaration did 12 not govern that parcel as of the effective date of this act 13 and that any revival of such declaration as to that parcel 14 would unconstitutionally deprive the parcel owner of rights or 15 property. A revived declaration that is implemented pursuant 16 to this act shall not apply to or affect the rights of the 17 respective parcel owner recognized by any court order or 18 judgment in any such action commenced within one year after 19 the effective date of this act, and any such rights so 20 recognized may not be subsequently altered by a revived 21 declaration implemented under this act without the consent of 22 the affected property owner. 23 24 (Redesignate subsequent sections.) 25 26 27 ================ T I T L E A M E N D M E N T =============== 28 And the title is amended as follows: 29 On page 1, lines 1-2, delete those lines 30 31 and insert: 20 8:41 AM 04/26/04 s2984.ri32.01
SENATE AMENDMENT Bill No. CS for CS for SB 2984 Amendment No. ___ Barcode 313072 1 An act relating to condominium and community 2 associations; amending s. 718.111, F.S.; 3 providing immunity from liability for certain 4 information provided by associations to 5 prospective purchasers or lienholders under 6 certain circumstances; amending s. 720.303, 7 F.S.; requiring specific notice to be given to 8 association members before certain assessments 9 or rule changes may be considered at a meeting; 10 amending s. 768.1325, F.S.; providing immunity 11 from civil liability for community associations 12 that provide automated defibrillator devices 13 under certain circumstances; prohibiting 14 insurers from requiring associations to 15 purchase medical malpractice coverage as a 16 condition of issuing other coverage; 17 prohibiting insurers from excluding from 18 coverage under a general liability policy 19 damages resulting from the use of an automated 20 external defibrillator device; amending ss. 21 718.112 and 719.1055, F.S.; revising 22 notification and voting procedures with respect 23 to any vote to forego retrofitting of the 24 common areas of condominiums and cooperatives 25 with fire sprinkler systems; amending s. 26 718.503, F.S.; requiring unit owners who are 27 not developers to provide a specific question 28 and answer disclosure document to certain 29 prospective purchasers; creating s. 720.403, 30 F.S.; providing legislative intent relating to 31 the revival of governance of a community; 21 8:41 AM 04/26/04 s2984.ri32.01
SENATE AMENDMENT Bill No. CS for CS for SB 2984 Amendment No. ___ Barcode 313072 1 creating s. 720.404, F.S.; providing 2 eligibility to revive governance documents; 3 specifying prerequisites to reviving governance 4 documents; creating s. 720.405, F.S.; requiring 5 the formation of an organizing committee; 6 providing for membership; providing duties and 7 responsibilities of the organizing committee; 8 directing the organizing committee to prepare 9 certain documents; providing for the contents 10 of the documents; providing for a vote of the 11 eligible parcel owners; creating s. 720.406, 12 F.S.; directing the organizing committee to 13 file certain documents with the Department of 14 Community Affairs; specifies the content of the 15 submission to the department; requiring the 16 department to approve or disapprove the request 17 to revive the governance documents within a 18 specified time period; creating s. 720.407, 19 F.S.; requiring the organizing committee to 20 file and record certain documents within a 21 specified time period; directing the organizing 22 committee to give all affected parcel owners a 23 copy of the documents filed and recorded; 24 providing for judicial determination of the 25 effects of revived covenants on parcels; 26 providing for effects of such a judicial 27 determination; 28 29 30 31 22 8:41 AM 04/26/04 s2984.ri32.01
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