Reso 2024-3630 - Laserfiche WebLink

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BILL: CS/SB 1178 Page 5 Regarding officers and directors of a condominium association, the bill provides that the attendance of an officer or director at a meeting of the board is sufficient to constitute a quorum for the meeting and for any vote taken in his or her absence when the director is required to leave the room during the discussion and the taking of a vote on a contract in which the director, or his relative, has an interest. The bill revises the jurisdiction of the division by deleting the limitation on its authority to enforce ch. 718, F.S., only after turnover. Under the bill, the division may enforce and ensure compliance with,ch. 718, F.S., and rules relating to the development, construction, sale, lease, ownership, operation, and management of residential condominium before and after control of the association is turned over to the nondeveloper members. In addition, the bill: • Requires that the division must refer to local law enforcement authorities any person whom the division believes has engaged in fraud, theft, embezzlement, or other criminal activity or has cause to believe that fraud, theft, embezzlement, or other criminal activity has occurred. • Authorizes the division to impose a civil penalty for a violation of ch. 617, F.S., relating to corporations not for profit. • Provides that the division director or any officer or employee of the division, and the condominium ombudsman or employee of the office of the condominium ombudsman may attend and observe any meeting of the board or any unit owner meeting, including any meeting of a subcommittee or special committee, that is open to members of the association, for the purpose of performing the duties of the division or the office of the ombudsman under ch. 718, F.S. • Requires the division to routinely conduct random audits of condominium associations to determine compliance with the requirement that certain official records must be available for download on the association's website. The bill also requires the division to submit to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the chairs of the legislative appropriations committees and appropriate substantive committees, a review of the website or application requirements for official records under s. 718.111(12)(g), F.S., and make recommendations regarding any additional official records of a condominium association that should be included in the record maintenance requirement. Regarding cooperative associations, the bill: • Revises the term "deferred maintenance" to "planned maintenance." • Requires an association to provide unit owners with a notice that the structural integrity reserve study is available for inspection and copying within 45 days of completion of the study. The notice may be provided electronically. Clarifies that the turnover report required under s. 719.301(4)(p), F.S., consists of a structural reserve study. Except as otherwise expressly provided, the bill takes effect July 1, 2024. 315