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Reso 2024-3630
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Reso 2024-3630
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Last modified
2/22/2024 4:44:54 PM
Creation date
2/22/2024 10:43:59 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2024-3630
Date (mm/dd/yyyy)
02/15/2024
Description
Expressing Support of FL Senate Bill 1178, relating to Governance of Condo & Cooperative Associations & the practive of Community Assoc Management.
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BELL: CS/SB 1178 <br />Page 12 <br />• Holds an interest in a corporation, limited liability corporation, partnership, limited liability <br />partnership, or other business entity that conducts business with the association or proposes <br />to enter into a contract or other transaction with the association. <br />Under the bill, if the association receives and considers a bid to provide a good or service, other <br />than community association management services, from a CAM or CAM firm, including <br />directors, officers, persons with a financial interest in a CAM firm, or a relative of such persons, <br />the association must also consider at least three bids from other third -party providers of such <br />good or service. <br />The bill requires that the proposed activity that may be a conflict of interest must be listed on, <br />and all contracts and transactional documents related to the proposed activity must be attached <br />to, the board's meeting agenda and entered into the written minutes of the meeting. The board <br />must approve the contract or other transaction by an affirmative vote of two-thirds of all other <br />directors present. At the next regular or special meeting of the members, the existence of the <br />contract or other transaction must be disclosed to the members. If the contract is canceled <br />because the board finds that the CAM or CAM firm has violated the discloser requirements, the <br />bill provides that the association is liable only for the reasonable value of the goods and services <br />provided up to the time of cancellation and is not liable for any termination fee, liquidated <br />damages, or other form of penalty for such cancellation. <br />Under the bill, if the activity has not been properly disclosed as a conflict of interest or potential <br />conflict of interest, the contract is voidable and terminates upon the association filing a written <br />notice terminating the contract with its board of directors. <br />The bill defines the term "relative" to mean a relative within the third degree of consanguinity28 <br />by blood or marriage of a board member or officer. <br />The bill provides that the procedures in the bill related to disclosures of financial interests, <br />including the multiple bid requirements, the requirement for a two-thirds vote of approval by the <br />board, and the right to cancel a contract do not apply to conflicts of interest disclosed in the <br />management services contract. <br />The bill revises the disciplinary grounds for CAMs and CAM firms to provide a disciplinary <br />grounds on the basis of a CAM or CAM firm's failure to disclose a conflict of interest as <br />required by s. 468.4335, F.S. <br />" Relatives of the third degree of consanguinity include great grandparent, aunt/uncle, niece/nephew, and great grandchild. <br />See: <br />https://www.uab.edu/humanresources/home/ima eg s/M images/Relations/PDFS/FAMILY%20MEMBER%20CHART.pdf <br />(last visited Feb. 11, 2021). <br />322 <br />
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