Bill > S1600

Introduced Session

An act relating to community associations; reenacting and amending s. 718.112, F.S.; prohibiting the suspension of a voting interest of a condominium when voting to recall a member of the board of administration; prohibiting any prior suspension of voting rights from having any effect; deleting the provision that a special meeting of the unit owners to recall members of the board of administration may be called by 10 percent of the voting interests when proper notice is given; deleting the prohibition against electronic transmission being used as a method of giving notice of a meeting called in whole or in part for the purpose of recalling board members; deleting the provision that a recall takes effect if approved by a majority of all voting interests voting at a meeting; deleting the requirement that the board duly notice and hold a board meeting within a specified timeframe after the adjournment of the unit owner meeting to recall one or more board members; deleting the requirement that a board member is recalled effective immediately upon the conclusion of the board meeting, provided certain requirements are met; deleting the provision that a proposed recall may be by written agreement; requiring that the recall agreement be served on the association by registered mail, rather than by certified mail or by personal service; providing that no other method of service is proper and that any method of service not in compliance is void; providing that a rejection of a unit owner’s recall agreement applies under certain circumstances; providing that there is a rebuttable presumption that a unit owner executing a recall agreement is the designated voter for the unit; prohibiting an association from enforcing a voting certificate requirement under certain circumstances; requiring that a rescission or revocation of a unit owner’s recall agreement be in writing and delivered to the association before an association is served with the written recall agreement; providing construction; revising the timeframe in which a certain petition or action must be filed; requiring that an association be named as the respondent in such petition or action; revising the timeframe in which the Division of Florida Condominiums, Timeshares, and Mobile Homes or a court may not accept a recall petition or a court action; requiring that a director or an officer be deemed to have abandoned his or her office if he or she is more than 90 days delinquent in the payment of any assessment due, rather than monetary obligation due; providing that a director or an officer is delinquent if payment is not made by a specified due date identified in the declarations, bylaws, or articles of incorporation; providing that a payment is delinquent on the first day of the assessment period if no specified due date is in the declarations, bylaws, or articles of incorporation; making technical changes; reenacting and amending s. 718.1255, F.S.; providing that all election and recall arbitration conducted by the division is binding on the parties unless such arbitration is removed; providing that arbitration petitions received by the division which challenge the legality of the recall of any director of a board of administration be handled on an expedited basis in the manner provided by the division’s rules for recall arbitration disputes; requiring that any challenge to an election or a recall filed in circuit court be brought in equity as a summary proceeding; providing that the prevailing party is entitled to reasonable attorney fees and costs; requiring that any proceeding be tried without a jury; providing that the parties are entitled to an immediate hearing; authorizing the court to limit the time in which to take testimony; authorizing the challenging party to request the issuance of a temporary injunction for a specified purpose while the challenge is pending; providing that a unit owner, a recall representative, or an association may remove a petition for election or recall arbitration within a specified timeframe after service of such petition by filing a notice of removal and complaint in the circuit court where an association is located; prohibiting any party from seeking a trial de novo or otherwise proceeding in the circuit court if any party fails to timely file such notice; declaring that the ruling of the division is final and binding on the parties; requiring that the notice of removal and complaint be signed pursuant to the Florida Rules of Civil Procedure and include copies of certain documents served in the action; requiring a party that files such notice to pay for all applicable filing fees within a specified timeframe; providing that the consent of a party not seeking removal is not required; requiring a party filing such notice to simultaneously serve written notice to all parties and file a copy of such notice with the division; requiring the division to cease all further action once served with such notice; requiring any action and counterclaim filed after removal to be brought in equity as a summary proceeding; providing that any action filed is to be tried without a jury; providing that a party is entitled to an immediate hearing; authorizing a court to limit the time in which to take testimony, considering the circumstances of the matter and the proximity of any succeeding election that may occur while such action is pending; providing that a party filing an action may request a temporary injunction to stay any upcoming elections that may occur while such action is pending; requiring that an association be ordered, by judgment or decree, to pay all of a prevailing unit owner’s costs, including reasonable attorney fees and costs; providing that compensation or fees of an attorney may be included in the judgment or decree rendered in such action or in a separate judgment or decree; providing construction; amending s. 719.106, F.S.; conforming a provision to changes made by the act; prohibiting the suspension of a voting interest of a unit when voting on the recall of a board member; providing that any prior suspension of voting rights has no effect for a recall vote; deleting a provision that a special meeting of the voting interests to recall a board member may be called by 10 percent of the unit owners giving certain notice; deleting a prohibition against electronic transmission being used as a method of giving notice of such special meeting; deleting a requirement that a recall be effective if it is approved by a majority of all voting interests in a vote at a meeting; deleting a provision that a board must notice and hold a board meeting within a specified timeframe after the adjournment of the voting meeting; deleting a requirement that a board take certain action at the meeting; deleting a provision that a recall may be made by agreement in writing by a majority of all voting interests; revising the requirement that a copy of the recall agreement be served on an association by registered mail, rather than by certified mail or by personal service; providing that no other method of service is proper and that any method of service not in compliance is void; providing that such board members being recalled are recalled effective immediately upon the conclusion of a board meeting under certain circumstances; revising the timeframe in which a recalled board member must turn over to a board specified items belonging to an association which are in his or her possession; providing circumstances when a unit owner’s recall agreement is facially invalid; providing a rebuttable presumption that a unit owner executing the recall agreement is the designated voter for the unit; prohibiting an association from enforcing a voting certificate requirement under certain circumstances; requiring that a rescission or revocation of a unit owner’s recall agreement be in writing and delivered to an association before the association is served with a written recall agreement; providing construction; deleting a requirement that a board must take certain actions within a specified timeframe; deleting a requirement that a board file a petition for binding arbitration or file an action in a court of competent jurisdiction within a specified timeframe if the board does not certify the recall of a board member; deleting a provision that a unit owner who voted at a meeting or executed an agreement in writing constitutes a party in such arbitration or action; deleting a provision that a board member’s recall is effective upon the mailing of the final order of arbitration to an association or the final order of the court; deleting a provision that the division may take specified action if an association fails to comply with the order of the court or the arbitrator; revising the timeframe in which a board member must turn over all property in his or her possession which belongs to an association; revising a provision that if a board determines that a recall agreement is not facially valid, rather than fails to file the required petition or action, a unit owner representative may file a petition or action challenging the validity of such agreement, rather than the board’s failure to act; revising the timeframe in which a petition or an action must be filed; requiring that an association be named as the respondent in such petition or action; revising the timeframe in which a recalled board member may file a petition or an action; providing that such petition or action may challenge the facial validity of a written agreement or ballots filed, or the substantial compliance with the recall procedures; requiring that a recalled board member be immediately reinstated and the recall be deemed null and void upon a determination of an arbitrator or the court; providing that a board member who is successful in challenging a recall is entitled to reasonable attorney fees and costs; providing that a prevailing association may be awarded reasonable attorney fees and costs, provided the arbitrator or the court make certain findings; revising the timeframe in which the division or the court may not accept for filing a recall petition or action; conforming a provision to changes made by the act; providing construction; amending s. 720.302, F.S.; providing legislative findings; requiring the Office of the Condominium Ombudsman, upon petition, to appoint a specified employee or attorney to monitor the homeowners’ association election of directors; requiring that all costs for such monitoring be borne by the association; requiring the division to adopt rules and procedures; providing applicability; reenacting and amending s. 720.303, F.S.; prohibiting the suspension of a parcel owner or member’s voting rights when voting on the recall of a board member; providing that any specified prior suspensions have no effect for any recall; revising the requirement that a recall agreement in writing or by written ballot or a copy thereof be served on an association by registered mail, rather than by certified mail or by personal service; providing that no other method of service is proper and that any method of service not in compliance is void; requiring that such member or members be recalled effective immediately upon the conclusion of the properly noticed and facially valid board meeting; requiring a recalled member to turn over to the board all records and property of the association in his or her possession within a specified timeframe; deleting the requirement that a board perform certain actions to either certify or not certify the written ballots or written agreements to recall a director of a board; requiring a board to duly notice and hold a meeting of the board within a specified timeframe after receipt of an agreement in writing or by written ballot; providing that board members are recalled effective immediately upon the conclusion of a board meeting, provided the recall is facially valid; revising the timeframe in which a recalled board member must return to the board specified property belonging to the association; deleting the provision that board members may be recalled and removed by a vote taken at a meeting, if permissible under the declarations, the articles of incorporation, or the bylaws of the association; deleting the provision that a special meeting may be convened to recall a director or directors of the board if called by a specified percentage of the voting interests; deleting the prohibition against electronic transmission being used as a method of giving notice of such a meeting; providing the grounds on which a unit owner’s recall agreement may be rejected; providing a rebuttable presumption that a unit owner executing the recall agreement is the designated voter for the unit; prohibiting an association from enforcing a voting certificate requirement under certain circumstances; requiring that a rescission or revocation of a unit owner’s recall agreement be in writing and delivered to an association before it is served with a written recall agreement; providing construction; deleting the requirement that a board file an action with a court or file with the Department of Business and Professional Regulation a petition for binding arbitration within a specified timeframe if the board does not certify the written agreement or written ballots to recall a director; deleting the provision that board members who voted at a meeting or who executed an agreement in writing constitute one party under the petition for arbitration or court action; deleting the provision that a recall is effective upon the final order of the court or the mailing of the final order of arbitration to the association; requiring that recalled board members turn over specified property of the association to the board within a specified timeframe; providing that if, at the conclusion of a meeting, a board determines that a recall is facially invalid, then the unit owner representative, rather than the parcel owner representative, may file a petition or a court action challenging the board’s failure to act; revising the timeframe in which such petition or action must be filed; requiring that the association be named as the respondent in such petition or action; revising the requirement that a separate vote take place for each board director sought to be recalled; providing that a petition or action filed by a board member who has been recalled may challenge the facial validity of the written agreement, the ballots filed, or the substantial compliance with the procedural requirements for a recall; requiring that a board member be reinstated and a recall be deemed null and void if an arbitrator or a court determines that a recall was invalid; providing that a prevailing party is entitled to recover reasonable attorney fees and costs if certain findings are made; revising the timeframe in which the division or a court may not accept for filing a recall petition or action; reenacting and amending s. 720.306, F.S.; deleting the requirement that secret ballots cast by members who are not in attendance at a meeting be mailed or delivered to the association in a specified manner; deleting the requirement that a valid ballot be cast once confirmed valid; deleting the requirement that a ballot for a lot that has more than one ballot submitted be disqualified; deleting the provision that any ballot received after the closing of the balloting may not be considered; deleting the provision that a member may nominate himself or herself as a candidate for the board at a meeting where the election is held, provided certain conditions are met; deleting the prohibition against write-in nominations being permitted under certain circumstances; deleting the provision that qualified candidates seeking nomination must commence their service on the board of directors, regardless of whether a quorum is attained at the annual meeting; deleting the requirement that boards of directors be elected by a plurality of votes unless otherwise provided by the governing documents; deleting the provision that any challenge to the election process be commenced within a specified timeframe after the election results are announced; requiring that board members be elected by written ballot or voting machine; prohibiting the use of proxies in electing the board in general elections or in elections to fill vacancies; requiring the association to mail, deliver, or electronically transmit, by separate association mailing or included in another association mailing, delivery, or electronic transmission, to each member entitled to vote a first notice of the date of the election a specified timeframe before the election; requiring a member intending to be a candidate for the board to give written notice of his or her intent a specified timeframe before the election; requiring the association to send a second notice of the election, with the written notice of the annual meeting and agenda, to all members entitled to vote, together with a ballot that lists all candidates; requiring that an information sheet be sent in the second notice at the request of a candidate; providing requirements for such information sheet; requiring that the candidate furnish the information sheet to the association within a specified timeframe; requiring the association to bear the costs of mailing, delivering, or electronically transmitting the information sheet; providing that the association is not liable for the content of the information sheet; authorizing the association to print the information sheet on both sides of the paper; requiring that elections be decided by a plurality of ballots cast; providing that there are no quorum requirements; providing an exception; prohibiting a member from authorizing any other person to cast his or her ballot; providing that any improperly cast ballots are invalid; providing penalties; authorizing a member who requires assistance to cast a ballot to seek such assistance; requiring the election to occur on the date of the annual meeting; providing that an election is not required unless more candidates file notices of intent to run or are nominated than there are vacancies on the board; providing that such candidates become board members upon the adjournment of the annual meeting under certain circumstances; prohibiting a developer from opting out of the statutory election process; authorizing the association to opt out of the statutory election process if a specified percentage of voting interests after turnover approve, in which case the bylaws of the association shall control; providing applicability; requiring the division to adopt rules; providing applicability; requiring that a candidate for board membership be eligible at the time of the mailing, delivery, or electronic transmission of the candidate’s notice of intent to be a candidate; prohibiting co-owners of a parcel from serving together; providing exceptions; revising the requirement that a person who is delinquent on a certain payment due the association is not eligible to be a candidate; revising the requirement that a person serving as a board member who becomes more than 90 days delinquent on a certain payment due the association is deemed to have abandoned his or her seat on the board; providing construction; deleting the definition of the term “any fee, fine, or other monetary obligation”; requiring that the terms of all board members expire at the annual meeting, and that such board members may stand reelection unless prohibited by the association’s bylaws, if certain conditions are met; reenacting and amending s. 720.311, F.S.; deleting a requirement that the Department of Business and Professional Regulation adopt rules; providing construction; requiring the department to conduct binding arbitration of election disputes between members and an association as provided in the act; prohibiting such disputes from being eligible for presuit mediation; requiring such disputes be arbitrated by the department or filed in court; requiring such arbitration petitions be handled on an expedited basis by the division; requiring that any challenge to an election or a recall filed in circuit court be brought as a summary proceeding; providing that the prevailing party is entitled to reasonable attorney fees and costs; requiring that any such proceeding be tried without a jury; providing that the parties are entitled to an immediate hearing; authorizing the court to limit the time in which to take testimony; authorizing the challenging party to request the issuance of a temporary injunction for a specified purpose while the challenge is pending; reenacting ss. 194.011(3)(e) and 194.181(2)(c), F.S., relating to objections to assessment notices and parties to a tax suit, respectively, to incorporate the amendments made to ss. 718.112 and 719.106, F.S., in references thereto; reenacting ss. 718.117(8)(b) and (16) and 718.501(1)(a) and (m), F.S., relating to termination of condominium and authority, responsibility, and duties of the Division of Florida Condominiums, Timeshares, and Mobile Homes, respectively, to incorporate the amendments made to ss. 718.112 and 718.1255, F.S., in references thereto; reenacting s. 719.1255, F.S., relating to alternative dispute resolution, to incorporate the amendment made to s. 718.1255, F.S., in a reference thereto; reenacting ss. 720.3033(4)(b) and 720.405(6), F.S., relating to officers and directors and organizing committee and parcel owner approval, respectively, to incorporate the amendment made to s. 720.306, F.S., in references thereto; providing an effective date.

AI Summary

Kristen Arrington (D)*, 

Died in Regulated Industries (on 06/16/2025)

Official Document