The DBPR is required to provide all obtained information to the Office of Program Policy Analysis and Government Accountability (OPPAGA) , which may request additional information to compile a report for the President of the Senate and Speaker of the House of Representatives. F.S. 718.103 Definitions, was amended to include the following terms: “Alternative funding method” means a method approved by the division for funding the capital expenditures and deferred maintenance obligations for a multi condominium association operating at least 25 condominiums which may reasonably be expected to fully satisfy the association’s reserve funding obligations by the allocation of funds in the annual operating budget. “Video conference” means a real-time audio and video- based meeting between two or more people in different locations using video-enabled and audio-enabled devices. The notice for any meeting that will be conducted by video conference must have a hyperlink and call-in conference telephone number for unit owners to attend the meeting and must have a physical location where unit owners can also attend the meeting in person. All meetings conducted by video conference must be recorded, and such recording must be maintained as an official record of the association. F.S. 718.110 , related to the modification of size or unit in non-residential condominiums, amended subsection (4) by providing a method for nonresidential condominiums that are formed after July 1, 2025, to change the configuration or size of a unit or modifying the appurtenances to a unit or change the proportion or percentage by which the unit owner shares the common expenses of the condominium and owns the common surplus of the condominium. The statute now provides that if all the affected owners and lienholders agree and execute the amendment, then the modification may be made. The approval of the record owners of the unaffected units in such condominium is not required. Subsection (10) changes the requirement to serve process, in the event of an error of omission in the declaration, to address as reflected in the association’s official records rather than to the last known residence. 718.111 The association was amended in the following ways. Subsection (3) , paragraphs (g), (h), and (i) were added as follows: (g) If an association contracts with a community association manager or a community association management firm, the community association manager or community association management firm must possess all applicable licenses required by part VIII of chapter 468. All board members or officers of an 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. (h) If a contract is between a community association manager and the association, and the community association manager has his or her license suspended or revoked during the term of a contract with the association, the association may terminate the contract upon delivery of a written notice to the community association manager whose license has been revoked or suspended, effective on the date the community association manager became unlicensed. (i) If a community association management firm has its license suspended or revoked during the term of a contract
with the association, the association may terminate the contract upon delivery of a written notice to the community association management firm whose license has been revoked or suspended, effective on the date the community association management firm became unlicensed. Subsection (11) Insurance was amended as follows: (a) Every condominium association shall have adequate property insurance regardless of any requirement in the declaration of condominium for certain coverage by the association. 1. An association or group of associations may provide adequate property insurance through a self-insurance fund that complies with the requirements of ss. 624.460-624.488. 2. The amount of adequate insurance coverage for full insurable value, replacement cost, or similar coverage may be based on the replacement cost of the property to be insured, as determined by an independent insurance appraisal or an update of a previous appraisal. The replacement cost must be determined at least once every 3 years, at minimum. Note: This previously read “at least every 36 months.” 3. The association’s obligation to obtain and provide adequate property insurance coverage for a group of at least three communities created and operating under this chapter, chapter 719, chapter 720, or chapter 721 may be satisfied by obtaining and maintaining for such communities’ insurance coverage sufficient to cover an amount equal to the probable maximum loss for the communities for a 250- year windstorm event. Subsection (12) , Official records for condominium associations was amended in the following ways: The amendments require official records to be maintained, and that official documents must be made available on the association’s website or for download through a mobile device application within 30 days after the association receives or creates an official record. Accurate, itemized, and detailed records of all receipts and expenditures now explicitly include all bank statements and ledgers. A new requirement that condominium associations maintain a copy of all affidavits required by the Florida Condominium Act has been added. The Bill clarifies that the association is required to keep copies of the most recent annual financial statement and annual budget available on the condominium property to be provided to unit owners or prospective purchasers. The association may still charge its actual costs for preparing and furnishing these documents to those requesting the documents. Relating to violations of record access by a board member, officer, CAM or CAM firm, the phrase previously used, “ knowingly, willfully, and repeatedly ” is removed and replaced with “ willfully and knowingly or intentionally .” Previously “repeatedly” found criminal liability for records violations, which was defined as two or more in a 12 month period. The new law eliminates the requirement for repetitive violations and provides for potential criminal penalties for any willful and knowing or intentional violation. F.S. 718.111(12) paragraph (g) amended official records to be maintained on the association’s website to include that unless a shorter period is required, a document must be made available on the association’s website or for download through a mobile device application within 30 days after the association receives or creates an official record.
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Book Code: CAMFL1526
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