Reso 2024-3630 - Laserfiche WebLink

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BILL: CS/SB 1178 Page 4 Provides that, for a budget adopted on or before December 31, 2029, an association may secure a line of credit and assess a contingent special assessment to meet the reserve funding schedule recommended by the structural integrity reserve study. Includes contingent special assessments and any line of credit for which a contingent special assessment may be imposed in the list of information that must be included in the estoppel certificate. Regarding voting in condominium associations, the bill: • Provides criminal penalties related to fraudulent voting activities that are punishable as first degree misdemeanors, including preventing members from voting, and menacing, threatening, or using bribery to directly or indirectly influence or deter a member from voting. • Requires associations to send unit owners, whose right to vote has been suspended because of an unpaid financial obligation, a notice of such obligation within 90 days before an election. • Allows condominium and cooperative unit owners to consent to electronic voting in condominium association elections by using an electronic means of consent. Current law requires the consent to electronic voting to be made in writing. The bill revises the requirements for the installation of hurricane protection in a condominium building to: • Create a uniform definition for "hurricane protection," to include hurricane shutters, impact glass, code -compliant windows or doors, and other code -compliant hurricane protection products used to preserve and protect the condominium property or association property; • Require condominium declarations to delineate the responsibilities of unit owners and associations for the costs of maintenance, repair, and replacement of hurricane protections, exterior doors, windows, and glass apertures; • Provide when a majority vote of the unit owners is required to install hurricane protection; • Provide a uniform procedure for approval of hurricane protection by the unit owners, including requiring the board to record a certificate in the public records evidencing that the association has voted to install hurricane protection; and • Provide that unit owners are not responsible for the cost of removal and installation of hurricane protection if the removal is necessary to repair condominium property. The bill revises the prohibitions against "strategic lawsuits against public participation" or "SLAPP suits," which occur when association members are sued by individuals, business entities, or governmental entities for matters arising out of a unit owner's appearance and presentation before a governmental entity on matters related to the condominium association. The bill specifically includes condominium associations in the SLAPP suit prohibition, and protects unit owners from reporting complaints to government agencies or law enforcement, or making public statements critical of the operation or management of an association by: • Prohibiting associations from retaliating against unit owners, such as by increasing assessments, threatening to bring an action for possession or other civil action, including a defamation, libel, slander, or tortious interference action; and • Prohibiting associations from spending association funds in support of defamation, libel, or tortious interference actions against a unit owner. 314