Bill > H0913

Introduced Session

An act relating to condominium and cooperative associations; amending s. 468.432, F.S.; prohibiting a person whose community association manager license is revoked from having an indirect or direct ownership interest in, or being an employee, a partner, an officer, a director, or a trustee of, a community association management firm for a specified timeframe; requiring a licensee to create and maintain an online licensure account with the Department of Business and Professional Regulation; requiring a community association manager to identify on his or her online licensure account certain information; requiring a licensee to provide specific information on his or her online licensure account; requiring that such information be updated within a specified timeframe; requiring a community association management firm to identify on its online licensure account the community association managers it employs to provide community association management services; requiring the department to give written notice to the community association management firm and the community association if the community association manager has his or her license suspended or revoked; amending s. 468.4334, F.S.; prohibiting a community association hb913 -03-er2025 Legislature manager or a community association management firm from knowingly performing any act directed by the community association if such act violates any state or federal law; revising the contractual obligations a community association manager or a community association management firm has with the association board; requiring that a contract include a certain statement, if applicable to the type of management services provided in the contract; providing that such contracts may not waive or limit certain professional practice standards; requiring a community association to include specified information on its website or mobile application, if such association is required to maintain official records on a website or an application; conforming provisions to changes made by the act; amending s. 468.4335, F.S.; revising what constitutes a rebuttable presumption of a conflict of interest with a community association manager or a community association management firm; defining the term "compensation"; requiring an association to solicit multiple bids from other third-party providers if a bid that exceeds a specified amount is or may reasonably be construed to be a conflict of interest; providing applicability; deleting a requirement that all contracts and transactional documents related to a hb913 -03-er2025 Legislature proposed activity that is a conflict of interest be attached to the meeting agenda of the next board of administration meeting; requiring that the notice for the board meeting at which certain activity will be considered include certain information about a proposed activity that is a conflict of interest; deleting a requirement that the proposed activity be disclosed at the next regular or special meeting of the members; providing that a contract is voidable if certain findings are made; providing specifications for terminating a contract; making technical changes; amending s. 553.899, F.S.; revising the criteria for buildings that require a milestone inspection; requiring, rather than authorizing, the board of county commissioners or a municipal governing body to adopt a specified ordinance; requiring specified professionals who bid to perform a milestone inspection to disclose to the association in writing their intent to bid on services related to any maintenance, repair, or replacement that may be recommended by the milestone inspection; prohibiting such professionals from having any interest in or being related to any person having any interest in the firm or entity providing the association's milestone inspection unless such relationship is disclosed in hb913 -03-er2025 Legislature writing; defining the term "relative"; providing that a contract for services is voidable and terminates upon the association filing a written notice terminating such contract if such professionals fail to provide a written disclosure of such relationship; providing that such professionals may be subject to discipline for failure to provide such written disclosure; requiring the local enforcement agency responsible for milestone inspections to provide to the department specified information in an electronic format by a specified date; requiring the department to provide to the Office of Program Policy Analysis and Government Accountability (OPPAGA) all information obtained from the local enforcement agencies by a specified date; authorizing OPPAGA to request from the local enforcement agency any additional information necessary to compile and provide a report to the Legislature; amending s. 718.103, F.S.; revising the definition of the term "alternative funding method"; defining the term "video conference"; amending s. 718.110, F.S.; providing that the declaration of a nonresidential condominium may be amended to change certain provisions if all affected record owners join in the execution of such amendment; providing that the approval of nonaffected record owners is not required; hb913 -03-er2025 Legislature requiring that certain documents be served at a unit owner's address as reflected in the association's official records; amending s. 718.111, F.S.; requiring a community association manager or a community association management firm that contracts with a community association to possess specified licenses; providing that all board members or officers of a community association that contracts with a community association manager or a community association management firm have a duty to ensure that the community association manager or community association management firm is properly licensed before entering into a contract; authorizing a community association to terminate a contract with a community association manager or a community association management firm if the manager's or management firm's license is suspended or revoked during the term of the contract; requiring every condominium association to have adequate property insurance; deleting specified required coverage; providing that the amount of adequate insurance coverage may be based on the replacement cost of the property to be insured, as determined by an independent insurance appraisal or previous appraisal; requiring that such replacement cost be determined according to a specified timeframe; hb913 -03-er2025 Legislature providing that an association's obligation to obtain and provide adequate property insurance may be satisfied by obtaining and maintaining insurance coverage sufficient to cover a specified amount; revising which items constitute the official records of the association; requiring that certain documents be posted on certain associations' websites or made available for download through an application on a mobile device within a specified timeframe; revising which documents must be posted in digital format on the association's website or application; revising the timeframe in which the association must deliver a copy of the most recent financial report or a notice that a copy of the most recent financial report will be distributed; revising the methods of delivery for a copy of the most recent association financial report to include electronic delivery via the Internet; requiring that an officer or a director execute an affidavit as evidence of compliance with the delivery requirement; revising how financial reports are prepared; requiring an association board to use best efforts to make prudent investment decisions in fulfilling its duty to manage operating and reserve funds of the association; authorizing an association, including a multicondominium association, to invest hb913 -03-er2025 Legislature reserve funds in specified financial institutions without a vote of the unit owners; amending s. 718.112, F.S.; authorizing an association board meeting to be conducted in person or by video conference; requiring the Division of Florida Condominiums, Timeshares, and Mobile Homes to adopt rules; requiring that notice for board meetings conducted via video conference contain specific information; requiring that such meetings be recorded and maintained as an official record of the association; revising the distance from the condominium property within which a unit owner meeting must be held; authorizing a unit owner to vote electronically if the unit owner meeting is conducted via video conference; authorizing unit owner meetings to be conducted in person or via video conference; specifying what constitutes a quorum for meetings held via video conference; requiring that, if the bylaws are silent as to the location, the location of the meeting be provided in the association bylaws or within a specified distance from, or within the same county of, the condominium property; requiring that meetings held via video conference be recorded and be maintained as an official record of the association; requiring the division to adopt rules; revising the hb913 -03-er2025 Legislature methods of serving notice of unit owner meetings; authorizing budget meetings to be conducted via video conference; requiring the division to adopt rules; requiring that a sound transmitting device be used at such meetings for a specified purpose; revising a provision requiring that a board proposing a budget that requires a certain special assessment against unit owners simultaneously propose a substitute budget that meets certain requirements, rather than conduct a special meeting of the unit owners to consider a substitute budget after the adoption of the annual budget; requiring unit owners, rather than authorizing them, to consider a substitute budget; providing that the annual budget initially proposed by the board be adopted under certain circumstances; revising the criteria used in determining whether assessments exceed the specified percentage of assessments of the previous fiscal year; revising the threshold for deferred maintenance expenses or replacements in reserve accounts; authorizing the members to vote to waive the maintenance of reserves recommended in the most recent structural integrity reserve study under certain circumstances; deleting a requirement that the division approve the funding method; providing that specified reserves may be funded by regular hb913 -03-er2025 Legislature assessments, special assessments, lines of credit, or loans under certain circumstances; requiring that any special assessment, line of credit, or loan be approved by a majority of the total voting interests of the association; authorizing a unit-owner- controlled association that is required to have a structural reserve study to obtain a line of credit or a loan to fund capital expenses required by a milestone inspection or a structural integrity reserve study; requiring that any special assessment, line of credit, or loan be sufficient to fund the cumulative amount of any previously waived or unfunded portions of the reserve funding amount and the most recent structural integrity reserve study; requiring that funding from the line of credit or loan be immediately available for access by the board for a specified purpose without further approval by association members; requiring that such special assessments, lines of credit, or loans be included in the association's financial report; providing applicability; deleting a requirement that the majority of the members must approve of the board pausing contributions to the association's reserves for a specified purpose; authorizing the board to temporarily pause reserve fund contributions or reduce hb913 -03-er2025 Legislature the amount of reserve funding for a specified purpose for a budget adopted on or before a specified date if the association has completed a milestone inspection within a specified timeframe and such inspection recommended certain repairs; requiring that such temporary pause or reduction be approved by a majority of the total voting interests of the association; providing applicability; requiring associations that have paused or reduced their reserve funding to have a structural integrity reserve study performed before the continuation of reserve contributions for specified purposes; providing that an association's reserve accounts may be pooled for a specified number of required components; requiring that reserve funding for certain components be pooled within those components; requiring that reserve funding in the proposed annual budget be sufficient to ensure that available funds meet or exceed projected expenses for all components in the reserve pool based on the reserve funding plan or schedule of the most recent structural integrity reserve study; providing that a vote of the members is not required for the board to change the accounting method for reserves to specified accounting methods; requiring the division to annually adjust for inflation the minimum threshold amount for hb913 -03-er2025 Legislature required reserves, based on specified criteria; requiring the division, by a specified date and annually thereafter, to conspicuously post on its website the inflation-adjusted minimum threshold amount for required reserves; revising the items to be included in a structural integrity reserve study; requiring specified design professionals or contractors who bid to perform a structural integrity reserve study to disclose in writing to the association their intent to bid on any services related to the maintenance, repair, or replacement that may be recommended by the structural integrity reserve study; prohibiting such professionals or contractors from having any interest in or being related to any person having any interest in the firm or entity providing the association's structural integrity reserve study unless such relationship is disclosed in writing; defining the term "relative"; providing that a contract for services is voidable and terminates upon the association filing a written notice terminating such a contract if such professional or contractor fails to provide a written disclosure of such relationship with the firm conducting the structural integrity reserve study; providing that such professional or contractor may be hb913 -03-er2025 Legislature subject to discipline for his or her failure to provide such written disclosure; requiring that a structural integrity reserve study include a recommendation for a reserve funding schedule based on specified criteria; providing that the study may recommend other types of reserve funding schedules, provided each recommended schedule is sufficient to meet the association's maintenance obligations; requiring that reserves not required for certain items be separately identified as such in the structural integrity reserve study; requiring that the structural integrity reserve study take into consideration the funding method or methods used by the association to fund maintenance and reserve funding obligations through regular assessments, special assessments, lines of credit, or loans; requiring that a structural integrity reserve study that has been performed before the approval of a special assessment or the securing of a line of credit or a loan be updated to reflect certain information regarding the reserve funding schedule; providing that a structural integrity reserve study may be updated to reflect changes in the useful life of the reserve items after such items are repaired or replaced, and the effect such repair or replacement will have on the reserve funding schedule; hb913 -03-er2025 Legislature requiring an association to obtain an updated structural integrity reserve study before adopting any budget in which the reserve funding from regular assessments, special assessments, lines of credit, or loans do not align with the funding plan from the most recent version of the structural integrity reserve study; revising applicability; authorizing an association to delay a required structural integrity reserve study for a specified timeframe if it has completed a milestone inspection or similar inspection, for a specified purpose; requiring an officer or director of an association to sign an affidavit acknowledging receipt of the completed structural integrity reserve study; requiring the division to adopt rules for the form for the structural integrity reserve study in coordination with the Florida Building Commission; making technical changes; amending s. 718.113, F.S.; requiring the board to determine whose responsibility it is to pay for removal or reinstallation of hurricane protection under certain circumstances; deleting authorization for an association to enforce and collect certain charges as assessments; amending s. 718.1265, F.S.; revising the emergency powers of a condominium association; amending s. 718.128, F.S.; deleting a hb913 -03-er2025 Legislature requirement for written notice of certain meetings; requiring, after a specified percentage of voting interests adopts a resolution, a board to hold a meeting within a certain timeframe to adopt such resolution; requiring that a petition to adopt a resolution be submitted to the board within a certain timeframe; requiring an association to designate an e- mail address for receipt of electronically transmitted ballots; requiring that electronically transmitted ballots meet specified requirements; authorizing a unit owner to electronically transmit a ballot without complying with certain provisions; requiring an association to count completed such electronically submitted ballots if such ballots comply with specified requirements; providing requirements for electronically transmitted ballots; providing a rebuttable presumption; amending s. 718.203, F.S.; providing that all condominiums, not just residential, can be covered by an insured warranty program; amending s. 718.301, F.S.; providing that certain provisions of law relating to transfer of control of an association do not apply to certain residential condominiums beginning on a specified date; amending s. 718.302, F.S.; providing that certain agreements may be cancelled by unit owners if the unit owners own hb913 -03-er2025 Legislature a specified percentage of voting interests in certain condominiums; amending s. 718.407, F.S.; requiring that a specified report be provided to an association within a certain timeframe after the end of the fiscal year; requiring that copies of receipts and invoices be included with the report; authorizing the division to impose penalties under certain circumstances; authorizing an association to challenge the apportionment of certain costs of the shared facilities within a certain timeframe; providing construction; amending s. 718.501, F.S.; revising the duties of the Division of Florida Condominiums, Timeshares, and Mobile Homes regarding investigation of complaints; requiring condominium associations to create and maintain an online account with the division on or before a specified date; requiring condominium associations to provide requested information to the division; requiring the division to adopt rules; authorizing the division to require condominium associations to provide such information no more than once a year; requiring that certain information be updated within a specified timeframe; requiring the division to provide a condominium association a specified notice of any requirement to provide information after the condominium association hb913 -03-er2025 Legislature creates an online account; specifying the information the division may require from a condominium association; amending s. 718.503, F.S.; revising the disclosures that must be included in a contract for the sale and resale of a residential unit; amending s. 8 of chapter 2024-244, Laws of Florida, as amended; requiring that specified documents be made available on an association's website or made available for download through an application on a mobile device within a specified timeframe; revising the documents required to be posted in digital format on an association's website or application; amending s. 31 of chapter 2024-244, Laws of Florida; revising retroactivity and applicability; amending s. 719.104, F.S.; requiring a board to use best efforts to make prudent investment decisions in fulfilling its duty to manage operating and reserve funds of the cooperative association; authorizing an association to invest reserve funds in specified financial institutions without a vote of the unit owners; amending s. 719.106, F.S.; revising the deferred maintenance expense or replacement costs threshold that must be included in reserve accounts; authorizing the board to pause contributions to its reserves or reduce reserve funding if a local building official determines the hb913 -03-er2025 Legislature entire cooperative building is uninhabitable due to a natural emergency; authorizing any reserve account funds held by the association to be expended to make the cooperative building and its structures habitable, pursuant to the board's determination; requiring the association to immediately resume contributing funds to its reserves upon determination by the local building official that the cooperative building is habitable; providing that certain reserves may be funded by regular assessments, special assessments, lines of credit, or loans under certain circumstances; requiring that a special assessment, a line of credit, or a loan requires the approval of a majority vote of the total voting interests of an association; authorizing a unit-owner-controlled association to obtain a line of credit or a loan to fund capital expenses required by a milestone inspection or a structural integrity reserve study; requiring that such lines of credit or loans be sufficient to fund the cumulative amount of any previously waived or unfunded portion of the reserve funding amount and most recent structural integrity reserve study; requiring that funding from such line of credit or loan be immediately available for access by the board for a specified purpose without further approval by hb913 -03-er2025 Legislature the members of the association; requiring that any special assessment, line of credit, or loan be included in the annual financial statement to be delivered to unit owners and provided to prospective unit purchasers; authorizing the board to temporarily pause reserve fund contributions or reduce the amount of reserve funding for a specified purpose for a budget adopted on or before a specified date if the association has completed a milestone inspection within a specified timeframe; requiring that such temporary pause or reduction be approved by a majority of the total voting interests of the association; providing applicability; requiring associations that have paused or reduced reserve funding contributions to have a structural integrity reserve study performed for specified purposes before the continuation of reserve contributions; providing that an association's reserve accounts may be pooled for a specified number of required components; requiring that reserve funding for certain components be pooled within those components; requiring that reserve funding in the proposed annual budget be sufficient to ensure that available funds meet or exceed projected expenses for all components in the reserve pool based on the reserve funding plan or schedule of the most recent hb913 -03-er2025 Legislature structural integrity reserve study; providing that a vote of the members is not required for the board to change the accounting method for reserves to specified accounting methods; requiring the division to annually adjust for inflation the minimum threshold amount for required reserves based on specified criteria; requiring the division, by a specified date and annually thereafter, to conspicuously post on its website the inflation-adjusted minimum threshold amount for required reserves; revising the criteria for buildings that require a structural integrity reserve study; revising the items required to be included in a structural integrity reserve study; requiring specified design professionals or contractors, rather than any person qualified to perform a structural integrity reserve study, to perform structural integrity reserve studies; requiring such design professionals or contractors who bid to perform a structural integrity reserve study to disclose in writing to the association their intent to bid on any services related to the maintenance, repair, or replacement that may be recommended by the structural integrity reserve study; prohibiting such professionals or contractors from having any interest in or being related to any person having any interest hb913 -03-er2025 Legislature in the firm or entity providing the association's structural integrity reserve study unless such relationship is disclosed in writing; defining the term "relative"; providing that a contract for services is voidable and terminates upon the association filing a written notice terminating such a contract if such professional or contractor fails to provide a written disclosure of such relationship with the firm conducting the structural integrity reserve study; providing that such professional or contractor may be subject to discipline for his or her failure to provide such written disclosure; requiring that a structural integrity reserve study include a recommendation for a reserve funding schedule based on specified criteria; providing that the study may recommend other types of reserve funding schedules, provided each recommended schedule is sufficient to meet the association's maintenance obligation; requiring that reserves not required for certain items be separately identified as such in the structural integrity reserve study; requiring that the structural integrity reserve study take into consideration the funding method or methods used by the association to fund its maintenance and reserve funding obligations through regular assessments, special assessments, hb913 -03-er2025 Legislature lines of credit, or loans; requiring that a structural integrity reserve study that has been performed before the approval of a special assessment or the securing of a line of credit or a loan be updated to reflect certain information regarding the reserve funding schedule; providing that a structural integrity reserve study may be updated to reflect changes in the useful life of the reserve items after such items are repaired or replaced, and the effect of such repair or replacement will have on the reserve funding schedule; requiring an association to obtain an updated structural integrity reserve study before adopting any budget in which the reserve funding from regular assessments, special assessments, lines of credit, or loans do not align with the funding plan from the most recent version of the structural integrity reserve study; revising applicability; authorizing an association to delay a required structural integrity reserve study for a specified timeframe if it has completed a milestone inspection or similar inspection, for a specified purpose; requiring an officer or a director of the association to sign an affidavit acknowledging receipt of the completed structural integrity reserve study; requiring the division to adopt by rule the form for the structural hb913 -03-er2025 Legislature integrity reserve study in coordination with the Florida Building Commission; amending s. 719.128, F.S.; revising the emergency powers of a cooperative association; amending s. 719.501, F.S.; requiring a cooperative association to create and maintain an online account with the division; requiring the division to adopt rules; authorizing the division to require cooperative associations to provide information to the division no more than once per year; providing an exception; requiring the division to provide associations a specified timeframe to provide any required information; specifying the information the division may request; amending s. 719.503, F.S.; revising the disclosures required to be included in a contract for the sale and resale of an interest in a cooperative; amending s. 914.21, F.S.; revising the definition of the term "official investigation"; reenacting s. 468.436(2)(b), F.S., relating to disciplinary proceedings, to incorporate the amendment made to s. 468.4335, F.S., in a reference thereto; reenacting ss. 718.106(2)(b), 718.117(4), 718.403(1)(d), and 718.405(4), F.S., relating to condominium appurtenances, termination of condominium, phase condominiums, and multicondominiums, respectively, to incorporate the hb913 -03-er2025 Legislature amendment made to s. 718.110, F.S., in references thereto; reenacting s. 721.13(3)(e), F.S., relating to management, to incorporate the amendment made to s. 718.111, F.S., in a reference thereto; reenacting ss. 718.504(7)(a) and (21)(c) and 718.618(1)(d), F.S., relating to prospectus or offering circulars and converter reserve accounts and warranties, respectively, to incorporate the amendment made to s. 718.112, F.S., in references thereto; reenacting s. 718.115(1)(e), F.S., relating to common expenses and common surpluses, to incorporate the amendment made in s. 718.113, F.S., in a reference thereto; reenacting s. 718.706(1) and (3), F.S., relating to specific provisions pertaining to offering of units by bulk assignees or bulk buyers, to incorporate the amendments made to ss. 718.111, 718.112, and 718.503, F.S., in references thereto; reenacting s. 718.705(2), F.S., relating to the transfer of control of the board of administration, to incorporate the amendment made to s. 718.301, F.S., in a reference thereto; reenacting ss. 719.103(24) and 719.504(7)(a) and (20)(c), F.S., relating to definitions and prospectus or offering circulars, respectively, to incorporate the amendment made to s. 719.106, F.S., in references thereto; providing effective dates. hb913 -03-er2025 Legislature

AI Summary

Committee Categories

Vicki Lopez (R)*,  Webster Barnaby (R),  Robin Bartleman (D),  Joe Casello (D),  Linda Chaney (R),  Kimberly Daniels (D),  Peggy Gossett-Seidman (R),  Chip LaMarca (R),  Jim Mooney (R),  Juan Porras (R),  Alex Rizo (R),  Felicia Robinson (D),  Mitch Rosenwald (D),  Paula Stark (R),  Dana Trabulsy (R),  Susan L. Valdés (R),  Marie Woodson (D), 

Other Sponsors (2)

Chapter No. 2025-175 (on 06/24/2025)

Official Document