The document summarizes changes to Florida statutes relating to condominium associations from 2011 legislation. Key changes include exempting certain smaller buildings from fire alarm requirements, allowing unit owner records to include facsimile numbers with owner consent, restricting access to some employee records, and clarifying procedures for board meetings and candidate elections. It also updates provisions around record access, hurricane protection standards, association foreclosure, and delinquent owner collection from tenants.

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2011 Legislative
Update Chapter
2011 - 196
Effective July 1, 2011
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2. Condominium Manual Fire Alarm System
633.0215, F.S.
Amends § 633.0215, F.S., to add cooperatives or
multifamily residential buildings that are less than four
stories with an exterior corridor for egress to the
exemption from installing a manual fire alarm system
required in the Life Safety Code adopted in the Florida
Fire Prevention Code.
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3. Access and Maintenance of Association
Records
718.111(12)(a),(c), F.S.
Amends § 718.111(12), F.S., to add unit owner facsimile
numbers as a record to be maintained by the association
if the unit owner consents to receive information via this
means.
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4. Access and Maintenance of Assn. Records
718.111(12)(a),(c), F.S.
Additional records not accessible to unit owners:
• Personnel records of association employees, and of the
management company, including, but not limited to,
disciplinary, payroll, health and insurance records.
• However, it now provides that unit owners may
access written employment agreements with an
association employee or management company, or
budgetary or financial records that indicate the
compensation paid to an association employee.
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5. What Unit Owner Records are Accessible?
Unit owners are now only allowed access to a unit owner’s
name, unit number, mailing address and property
address.
However, if the unit owner has consented in writing to
receive notice by facsimile, e-mail or other address,
these records would be accessible and an owner may
consent in writing to the disclosure of protected
information.
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6. Association Records – Liability
718.111(12)(c)5., F.S.
The association is not liable for the inadvertent disclosure
of information that is protected under this section if the
information is included in an official record of the
association and is voluntarily provided by an owner
and not requested by the association.
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7. Board of Directors Meetings
718.112, F.S.
Amends § 718.112(2)(c)3.b., F.S., to allow condominium
association boards the right to hold closed meetings to
discuss personnel matters.
Note: Personnel are employees of the association
and not independent contractors.
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8. Candidates for the Board
718.112(2)(d)2., F.S.
Defines the term “Candidate” as an eligible person who
has timely submitted their written notice of intent to
become a candidate.
This does not apply in a timeshare condominium, or if
the staggered term of a board member does not
expire until a later annual meeting, or if all members’
terms would otherwise expire but there are no
candidates.
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9. Candidates for the Board
continued…
Any unit owner or other eligible person desiring to be a
candidate for board membership must give written notice
of their intent to be a candidate to the association at
least 40 days before the scheduled election and must be
eligible to serve on the board of directors at the time
of the deadline for submitting a notice of intent to
run. Therefore:
• An incumbent board member is eligible for re-election
unless the bylaws prohibit it.
• A person who has been suspended or removed by
the division under this chapter, or who is more than
90 days delinquent in the payment of any fee, fine, or
special or regular assessment, is not eligible for board
membership.
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10. Candidates for the Board
continued…
• In a association of more than 10 units, co-owners of a
unit may not serve on the board at the same time
unless they own more than one unit or there are not
enough eligible candidates to fill the vacancies on the
board at the time of the election.
• A convicted felon who has not had their civil rights
completely restored for more than 5 years in not
eligible for board membership.
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11. Candidates for the Board
continued…
• If the number of board members whose terms expire at
the annual meeting equals or exceeds the number of
candidates, the candidates become members of the
board effective upon the adjournment of the annual
meeting. (Formerly they were eligible to be
reappointed but were not automatically back on the
board.)
• Unless otherwise provided in the bylaws, any remaining
vacancies shall be filled by the affirmative vote of the
majority of the directors making up the new board even if
there are less than a quorum or even 1 director. (This
would be an appointment.)
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12. Elections
718.112(2)(d)4., F.S.
Timeshare condominiums must now comply with the
election requirements under § 718.112(2)(d)4.a, F.S.,
(formerly § 718.112(2)(d)3., F.S.) However, it does not
limit the use of general or limited proxies, require the
use of general or limited proxies, or require the use of a
written ballot or voting machines for any agenda item or
election at any meeting of a timeshare condominium
association.
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13. Board Member Certification
718.112(2)(d)4,b., F.S.
• Newly elected or appointed board member may submit a
certificate of satisfactory completion of educational
curriculum administered by a division-approved
condominium provider which was either taken 1 year
before the election or 90 days after being elected or
appointed.
• The certification is valid and does not have to be
resubmitted as long as the director continuously serves
on the board.
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14. Hurricane Protection
718.113(5)(a),F.S.
Amends § 718.113(5)(a), F.S., to add the terms “impact
glass or other code-compliant windows” to the
section of the statute that covers hurricane shutter
specifications.
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15. Agreements, Leaseholds and Memberships
718.114, F.S.
Amends § 718.114, F.S., to allow unit owners to enter into
agreements, acquire leaseholds, memberships, and
other possessory or use interests in lands or facilities
upon a vote of, or written consent by a majority of the
total voting interests of an association or as authorized
under the declaration. Consider whether the declaration
as originally recorded or amended may authorize a
board vote without a unit owner vote as provided in §
718.113(2)(a), F.S.
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16. Association Foreclosure
718.116(2), F.S.
Amends § 718.116(2), F.S., to provide that an association,
its successor or assignee that acquires title to a unit
through the foreclosure of its lien for assessments is not
liable for any unpaid assessments, late fees, interest, or
reasonable attorney’s fees and costs that came due
before the association’s acquisition of title in favor of an
association which holds a superior lien interest on the
unit.
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17. Unit Owner Delinquency
Right to Collect from Tenant
718.116(11), F.S.
Amends § 718.116(11), F.S., to clarify that when an owner
in a condominium is delinquent in the payment of any
monetary obligation to the association, the association
may demand that the owner’s tenant pay any unpaid
monetary obligation due related to the unit to the
association until all monetary obligations of the
owner have been paid in full.
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18. Unit Owner Delinquency
Notice to Tenant
718.116(11), F.S.
• The association must provide the tenant a statutory
notice, by hand delivery or United States mail in a
specific format when requesting rent.
• After receiving the association’s notice, the tenant is not
liable to the owner/landlord for any rent paid to the
association instead of the owner.
• The tenant’s payment to the association begins after
receiving notice. If the tenant has already made a
payment to the unit owner/landlord for the month the
notice was received, the tenant may avoid paying the
association for that month if the tenant provides written
evidence of payment.
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19. Unit Owner Delinquency
Notice to Tenant continued…
• The tenant must pay the association until released or
until the tenant vacates the unit.
• The tenant is not liable for more than the owner’s
delinquency.
• The association may evict the owner’s tenant for non-
payment after the notice is delivered under Ch. 83, F.S.
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20. Termination Provision – Timeshare
Condominium
718.117(2), F.S.
• Amends § 718.117(2), F.S., to add sub-sub paragraph
(c), stating a condominium that includes units and
timeshare estates where the improvements have been
totally destroyed or demolished, may be terminated by a
plan of termination proposed by a “whole unit owner”
upon filing a petition in court seeking equitable relief.
• Within 10 days of filing the petition, the petitioner must
record the proposed plan of termination and mail a copy
of the proposed plan and petition to each member of the
board of directors, if the association has not been
dissolved, the managing entity, each unit owner, each
timeshare estate owner, and each holder of a recorded
mortgage lien affecting a unit or timeshare estate.
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21. Termination Provision – Timeshare
Condominium continued…
718.117(2), F.S.
• If the association has not been dissolved, any affected
party may intervene in the proceedings to contest the
proposed plan of termination.
• If no party contests the proposed plan within 45 days of
filing the petition, the petitioner may move the court to
enter a final judgment to authorize the plan of
termination be implemented. The plan will not be
implemented until a final judgment is rendered.
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22. Condominium Termination and Change of
Ownership
718.117(3),(4),(11), F.S.
Amends § 718.117(3)(4) and (11), F.S., to clarify the
condominium termination provision and allows a partial
termination as long as the percentages of ownership
changes are proportionate to what was terminated.
For example, a condominium originally consisted of 100
units with each unit owner having a 1/100 share in the
common elements has 50 of the 100 units destroyed
by a storm, this change now allows the association to
terminate the 50 as long as the ownership interests
change to 1/50. This would not be a considered a §
718.110(4), F.S., amendment.
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23. Condominium Termination and Change of
Ownership continued…
• Trustee does not get title to surviving units, which
remain in the owners’ names.
• Proceeds from the partial termination are distributed
based on the value of the terminated units and
common elements.
• Any liens are placed on the unit being terminated and
sold.
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24. Termination and Change of Ownership
continued…
• The terminated portion may be redeveloped as a
condominium.
• An amendment to the declaration is recorded for the
surviving portion of the condominium to reflect the partial
termination.
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25. Suspension of Use Rights
for Document or Rule Violation
718.303(3), F.S.
Provides that the association may suspend for a
reasonable period of time, the right of a unit owner or a
unit owner’s tenant, guest, or invitee, to use the common
elements, common facilities, or any other association
property for failure to comply with any provision of the
declaration, the association bylaws, or reasonable
rules of the association.
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26. Fine or Suspension of Use Rights
718.303(3), F.S.
• A fine or suspension may not be imposed except
after giving at least 14 days’ written notice and an
opportunity for a hearing to the unit owner and, if
applicable, its occupant, licensee, or invitee. The hearing
must be held before a committee of other unit owners
who are neither board members nor persons residing in
a board member’s household.
• If the committee does not agree, the fine or suspension
may not be imposed.
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27. Suspension of Use and Voting Rights
More than 90 days delinquent
Noticing Requirements
• Amends § 718.303(3), F.S., to clarify the noticing
procedures to be followed by the condominium
association when suspending use and voting rights when
an owner is more than 90 days delinquent in the
payment of any monetary obligation.
• Specifically, it provides that it must be approved at a
properly noticed (48 hours) board meeting.
• If approved, the board must notify the unit owner and, if
applicable, the unit’s occupant, licensee, or invitee by
mail or hand delivery.
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28. Change in Quorum
718.303(5), F.S.
• The suspended voting interest or consent right may not
be counted towards the total number of voting interests
necessary to constitute a quorum, the number of voting
interests required to conduct an election, or the number
of voting interests required to approve an action under
this chapter or pursuant to the declaration, articles of
incorporation, or bylaws.
- For example if there are 100 units in the association
and 10 have lost their voting rights, the quorum
requirement would now be based on 90 instead of
100. With 100 units the quorum requirement would
be 51 units. For 90, it would be 46 units.
• The suspension ends upon full payment of all obligations
currently due or overdue the association.
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29. Bulk Assignee and Bulk Buyer
718.703, F.S.
Amends § 718.703, F.S., to redefine the terms “bulk
assignee” and “bulk buyer”, to mean a person who
acquires title to more than 7 units in a single
condominium. Also adds some additional rewording of
this section to clarify.
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30. Bulk Assignee and Bulk Buyer
continued…
• A mortgagee or its assignee may not be deemed a bulk assignee
or a developer by reason of the acquisition of condominium units
and receipt of an assignment of some or all of a developer’s rights
and therefore doesn’t have to file with the division. A mortgagee or
its assignee may exercises the following developer rights without
being a bulk assignee or developer:
- Sales, leasing, and marketing activities within the condominium;
- Exemption from the payment of working capital contributions to
the condominium association arising out of, or in connection
with, the bulk buyer’s acquisition of the units; and
- Exemption from the association’s rights of first refusal if any, for
subsequent transfers of title to a third party purchaser.
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31. Bulk Assignee
Assignment of Developer Rights
718.704, F.S.
• A bulk assignee (but not a mortgagee or its assignee,
see previous slide), is deemed to have assumed and is
liable for all duties and responsibilities of the developer
under the declaration and this chapter upon its
acquisition of title to the units and continuously
thereafter, except that it is not liable for warranties of the
developer under § 718.203(1) or § 718.618 (converter
reserves) except those it assumes and gives in a
prospectus or offering circular, or in its purchasers’
contracts.
• If the bulk assignee agrees in the assignment, it is liable
for the developer’s guarantee from the date of its title,
but not liable if it did not accept the assignment of the
guarantee.
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32. Bulk Assignee Assignment of Developer
Rights continued…
• A bulk assignee can only take those developer rights of
the entity it buys from; it can’t reach back to the original
developer if the rights were not passed on to the interim
buyer, mortgagee or court. If there has been a transfer
to another person before the bulk assignee, then this
interim assignment determines the extent of the bulk
assignee’s assignment.
• A copy of the assignment(s) is mandatory to determine
what developer rights and liabilities the bulk assignee
accepted.
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33. Bulk Assignee – Turnover
718.705, F.S.
• Clarifies the provisions relating to turnover of control of
the condominium from a “bulk assignee” to the unit
owners. If the developer has not turned over control,
then the bulk assignee’s units do not count toward the
number of developer units conveyed to calculate the
percentages for turnover under § 718.301, F.S.
• If the bulk assignee turns over, then it must give the
association the § 718.301(4), F.S. items unless it did not
get these items from the developer. However, it must
make a good faith effort to get the items from the
developer and certify those documents it could not get to
the association.
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34. Bulk Assignee and Bulk Buyer – Offering
Units
718.706, F.S.
• Amends § 718.706, F.S., to revise the provisions
pertaining to offering of units by a “bulk assignee” and
“bulk buyer”. When the statute addresses the number of
units offered for filing purposes, the bill adds offering
more than 7 units in a single condominium as a
minimum.
• Exempts a “bulk assignee” or “bulk buyer” from filing if all
of the units they own are offered and conveyed to a
single purchaser in a single sale.
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35. Bulk Assignee and Bulk Buyer – Time
Limitation
718.707, F.S.
Amends § 718.707, F.S., to clarify that a person acquiring
condominium parcels may not be classified as a “bulk
assignee” or “bulk buyer” unless the condominium
parcels were acquired on or after July 1, 2010, but
before July 1, 2012.
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36. Cooperative Changes
Ch. 719 F.S.
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37. Unit Owner Delinquency
Right to Collect from Tenant
719.108(10)(a), F.S.
• The association must provide the tenant a statutory
notice, by hand delivery or United States mail in a
specific format when requesting rent.
• After receiving the association’s notice, the tenant is
not liable to the owner/landlord for any rent paid to the
association instead of the owner.
• The tenant’s payment to the association begins after
receiving notice. If the tenant has already made a
payment to the unit owner/landlord for the month the
notice was received, the tenant may avoid paying the
association for that month if the tenant provides written
evidence of payment.
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38. Unit Owner Delinquency
Notice to Tenant continued…
• The tenant must pay the association until released or
until the tenant vacates the unit.
• The tenant is not liable for more than the owner’s
delinquency.
• The association may evict the owner’s tenant for non-
payment after the notice is delivered under Ch. 83, F.S.
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39. Suspension of Use Rights for Document
Violations
719.303(3)(a), F.S.
• Provides that the association may suspend for a
“reasonable period of time”, the right of a unit owner or a
unit owner’s tenant, guest, or invitee, to use the common
elements, common facilities, or any other association
property for failure to comply with any provision of the
cooperative documents or reasonable rules of the
association. “Reasonable period of time” is a question of
fact in the specific circumstances and up to a judge.
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40. Fine or Suspension of Rights
719.303(a), F.S.
• A fine of not more than $100 per violation or a total of
$1,000, or suspension of rights, may not be imposed
except after giving reasonable notice (14 days) and
opportunity for a hearing to the unit owner and if
applicable, it’s occupant, licensee, or invitee. The
hearing must be held before a committee of other unit
owners.
• If the committee does not agree with the fine or
suspension, it may not be imposed.
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41. 90 Day Delinquency
Suspension of Use and Voting Rights
Noticing Requirements
719.303(6), F.S.
• Adds § 719.303(6), F.S., to clarify the noticing
procedures to be followed by the cooperative association
when suspending use and voting rights when an owner
is more than 90 days delinquent in the payment of any
monetary obligation.
• Specifically, it provides that it must be approved at a
properly noticed board meeting(48 hours).
• If approved, the board must notify the unit owner and, if
applicable, the unit’s occupant, licensee, or invitee by
mail or hand delivery.
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42. Change in Quorum
719.303(5), F.S.
Provides that a voting interest or consent right allocated to
a unit or member who has been suspended by the
cooperative association may not be counted towards the
total numbers of voting interests necessary to constitute
a quorum, the number of voting interests required to
conduct an election, or the number of voting interests
required to approve an action under this chapter or
pursuant to the cooperative documents, articles of
incorporation, or bylaws.
For example if there are 100 units in the cooperative
association and 10 have lost their voting rights, the
quorum requirement would now be based on 90
instead of 100. With 100 units the quorum
requirement would be 51 units. For 90, it would be 46
units. 42

43. Customer Contact Center
For additional information concerning the
Condominium Act and to request copies of
educational materials available to condominium
unit owners you may contact the Department’s
Customer Contact Center at Center at
1-800-226-9101 (Florida Only) or 850-488-1122.
You may also e-mail the Department at
call.center@dbpr.state.fl.us
Statutes and other information concerning the
division are available on the World Wide Web at
www.myfloridalicense.com/dbpr/lsc/index.html
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