Search

Search bills, members, committees and pages...

Sign In

S 1744

Florida Senate•Failed

Summary

S 1744, “Official Records of Condominium Associations, Residential Cooperative Associations, and Homeowners' Associations”, was introduced in the Senate on Jan 9, 2026 by Sen. Shevrin Jones (D). It last saw action on Mar 13, 2026: Died in Regulated Industries.

Record

Text

S 1744 has no co-sponsors and has not gone to a roll call.

s1744/introduced.txt
Florida Senate - 2026  SB 1744
By Senator Jones
34-00555A-26  20261744__
A bill to be entitled
An act relating to the official records of condominium
associations, residential cooperative associations,
and homeowners’ associations; amending s. 718.103,
F.S.; defining the term “audio conference”; amending
s. 718.111, F.S.; revising the list of official
records that a condominium association is required to
maintain to include audio conference recordings;
amending s. 718.112, F.S.; revising association
meeting requirements and authorizing associations to
use audioconferencing, in addition to
videoconferencing, or to use both; amending s.
718.1265, F.S.; revising the emergency powers of a
condominium association to include the power to
conduct meetings and elections via audioconferencing;
amending s. 719.106, F.S.; revising the quorum
requirements for residential cooperative association
meetings to include audioconferencing; amending ss.
719.128 and 720.316, F.S.; revising the emergency
powers of a residential cooperative association and a
homeowners’ association, respectively, to include the
power to conduct meetings and elections via
audioconferencing; reenacting and amending s. 718.501,
F.S.; conforming a provision to changes made by the
act; amending s. 718.503, F.S.; conforming cross
references; reenacting s. 723.0791, F.S., relating to
mobile home cooperative homeowners’ associations
elections, to incorporate the amendment made to s.
719.106, F.S., in a reference thereto; providing an
effective date.
Be It Enacted by the Legislature of the State of Florida:
Section 1. Present subsections (5) through (35) of section
718.103, Florida Statutes, are redesignated as subsections (6)
through (36), respectively, and a new subsection (5) is added to
that section, to read:
718.103 Definitions.—As used in this chapter, the term:
(5) “Audio conference” means a real-time, audio-based
meeting between two or more people in different locations using
an audio-enabled device.
Section 2. Paragraphs (a) and (g) of subsection (12) of
section 718.111, Florida Statutes, are amended to read:
718.111 The association.—
(12) OFFICIAL RECORDS.—
(a) From the inception of the association, the association
shall maintain each of the following items, if applicable, which
constitutes the official records of the association:
1. A copy of the plans, permits, warranties, and other
items provided by the developer under s. 718.301(4).
2. A copy of the recorded declaration of condominium of
each condominium operated by the association and each amendment
to each declaration.
3. A copy of the recorded bylaws of the association and
each amendment to the bylaws.
4. A certified copy of the articles of incorporation of the
association, or other documents creating the association, and
each amendment thereto.
5. A copy of the current rules of the association.
6. A book or books or electronic records that contain the
minutes of all meetings of the association, the board of
administration, any committee, and the unit owners, and a
recording of all such meetings [that are] conducted by audio
conference or video conference, or both. If there are approved
minutes for a meeting held by audio conference or video
conference, or both, recordings of meetings [that are] conducted
by audio conference or video conference, or both, must be
maintained for at least 1 year after the date the audio or video
recording is posted as required under paragraph (g).
7. A current roster of all unit owners and their mailing
addresses, unit identifications, voting certifications, and, if
known, telephone numbers. The association shall also maintain
the e-mail addresses and facsimile numbers of unit owners
consenting to receive notice by electronic transmission. In
accordance with sub-subparagraph (c)5.e., the e-mail addresses
and facsimile numbers are only accessible to unit owners if
consent to receive notice by electronic transmission is
provided, or if the unit owner has expressly indicated that such
personal information can be shared with other unit owners and
the unit owner has not provided the association with a request
to opt out of such dissemination with other unit owners. An
association must ensure that the e-mail addresses and facsimile
numbers are only used for the business operation of the
association and may not be sold or shared with outside third
parties. If such personal information is included in documents
that are released to third parties, other than unit owners, the
association must redact such personal information before the
document is disseminated. However, the association is not liable
for an inadvertent disclosure of the e-mail address or facsimile
number for receiving electronic transmission of notices unless
such disclosure was made with a knowing or intentional disregard
of the protected nature of such information.
8. All current insurance policies of the association and
condominiums operated by the association.
9. A current copy of any management agreement, lease, or
other contract to which the association is a party or under
which the association or the unit owners have an obligation or
responsibility.
10. Bills of sale or transfer for all property owned by the
association.
11. Accounting records for the association and separate
accounting records for each condominium that the association
operates. Any person who knowingly or intentionally defaces or
destroys such records, or who knowingly or intentionally fails
to create or maintain such records, with the intent of causing
harm to the association or one or more of its members, is
personally subject to a civil penalty pursuant to s.
718.501(1)(e). The accounting records must include, but are not
limited to:
a. Accurate, itemized, and detailed records of all receipts
and expenditures, including all bank statements and ledgers.
b. All invoices, transaction receipts, or deposit slips
that substantiate any receipt or expenditure of funds by the
association.
c. A current account and a monthly, bimonthly, or quarterly
statement of the account for each unit designating the name of
the unit owner, the due date and amount of each assessment, the
amount paid on the account, and the balance due.
d. All audits, reviews, accounting statements, structural
integrity reserve studies, and financial reports of the
association or condominium. Structural integrity reserve studies
must be maintained for at least 15 years after the study is
completed.
e. All contracts for work to be performed. Bids for work to
be performed are also considered official records and must be
maintained by the association for at least 1 year after receipt
of the bid.
12. Ballots, sign-in sheets, voting proxies, and all other
papers and electronic records relating to voting by unit owners,
which must be maintained for 1 year from the date of the
election, vote, or meeting to which the document relates,
notwithstanding paragraph (b).
13. All rental records if the association is acting as
agent for the rental of condominium units.
14. A copy of the current question and answer sheet as
described in s. 718.504.
15. A copy of the inspection reports described in ss.
553.899 and 718.301(4)(p) and any other inspection report
relating to a structural or life safety inspection of
condominium property. Such record must be maintained by the
association for 15 years after receipt of the report.
16. Bids for materials, equipment, or services.
17. All affirmative acknowledgments made pursuant to s.
718.121(4)(c).
18. A copy of all building permits.
19. A copy of all satisfactorily completed board member
educational certificates.
20. A copy of all affidavits required by this chapter.
21. All other written records of the association not
specifically included in the foregoing which are related to the
operation of the association.
(g)1. An association managing a condominium with 25 or more
units which does not contain timeshare units shall post digital
copies of the documents specified in subparagraph 2. on its
website or make such documents available through an application
that can be downloaded on a mobile device. Unless a shorter
period is otherwise required, a document must be made available
on the association’s website or made available for download
through an application on a mobile device within 30 days after
the association receives or creates an official record specified
in subparagraph 2.
a. The association’s website or application must be:
(I) An independent website, application, or web portal
wholly owned and operated by the association; or
(II) A website, application, or web portal operated by a
third-party provider with whom the association owns, leases,
rents, or otherwise obtains the right to operate a web page,
subpage, web portal, collection of subpages or web portals, or
an application which is dedicated to the association’s
activities and on which required notices, records, and documents
may be posted or made available by the association.
b. The association’s website or application must be
accessible through the Internet and must contain a subpage, web
portal, or other protected electronic location that is
inaccessible to the general public and accessible only to unit
owners and employees of the association.
c. Upon a unit owner’s written request, the association
must provide the unit owner with a username and password and
access to the protected sections of the association’s website or
application which contain any notices, records, or documents
that must be electronically provided.
2. A current copy of the following documents must be posted
in digital format on the association’s website or application:
a. The recorded declaration of condominium of each
condominium operated by the association and each amendment to
each declaration.
b. The recorded bylaws of the association and each
amendment to the bylaws.
c. The articles of incorporation of the association, or
other documents creating the association, and each amendment to
the articles of incorporation or other documents. The copy
posted pursuant to this sub-subparagraph must be a copy of the
articles of incorporation filed with the Department of State.
d. The rules of the association.
e. The approved minutes of all board of administration
meetings over the preceding 12 months.
f. The audio or video recording or a hyperlink to the audio
or video recording for all meetings of the association, the
board of administration, any committee, and the unit owners
which were [are] conducted by audio conference or video
conference, or both, over the preceding 12 months.
g. A list of all executory contracts or documents to which
the association is a party or under which the association or the
unit owners have an obligation or responsibility and, after
bidding for the related materials, equipment, or services has
closed, a list of bids received by the association within the
past year. Summaries of bids for materials, equipment, or
services which exceed $500 must be maintained on the website or
application for 1 year. In lieu of summaries, complete copies of
the bids may be posted.
h. The annual budget required by s. 718.112(2)(f) and any
proposed budget to be considered at the annual meeting.
i. The financial report required by subsection (13) and any
monthly income or expense statement to be considered at a
meeting.
j. The certification of each director required by s.
718.112(2)(d)4.b.
k. All contracts or transactions between the association
and any director, officer, corporation, firm, or association
that is not an affiliated condominium association or any other
entity in which an association director is also a director or
officer and financially interested.
l. Any contract or document regarding a conflict of
interest or possible conflict of interest as provided in ss.
468.4335, 468.436(2)(b)6., and 718.3027(3).
m. The notice of any unit owner meeting and the agenda for
the meeting, as required by s. 718.112(2)(d)3., no later than 14
days before the meeting. The notice must be posted in plain view
on the front page of the website or application, or on a
separate subpage of the website or application labeled “Notices”
which is conspicuously visible and linked from the front page.
The association must also post on its website or application any
document to be considered and voted on by the owners during the
meeting or any document listed on the agenda at least 7 days
before the meeting at which the document or the information
within the document will be considered.
n. Notice of any board meeting, the agenda, and any other
document required for the meeting as required by s.
718.112(2)(c), which must be posted no later than the date
required for notice under s. 718.112(2)(c).
o. The inspection reports described in ss. 553.899 and
718.301(4)(p) and any other inspection report relating to a
structural or life safety inspection of condominium property.
p. The association’s most recent structural integrity
reserve study, if applicable.
q. Copies of all building permits issued for ongoing or
planned construction.
r. A copy of all affidavits required by this chapter.
3. The association shall ensure that the information and
records described in paragraph (c), which are not allowed to be
accessible to unit owners, are not posted on the association’s
website or application. If protected information or information
restricted from being accessible to unit owners is included in
documents that are required to be posted on the association’s
website or application, the association shall ensure the
information is redacted before posting the documents.
Notwithstanding the foregoing, the association or its agent is
not liable for disclosing information that is protected or
restricted under this paragraph unless such disclosure was made
with a knowing or intentional disregard of the protected or
restricted nature of such information.
4. The failure of the association to post information
required under subparagraph 2. is not in and of itself
sufficient to invalidate any action or decision of the
association’s board or its committees.
Section 3. Paragraphs (b) through (e) of subsection (2) of
section 718.112, Florida Statutes, are amended to read:
718.112 Bylaws.—
(2) REQUIRED PROVISIONS.—The bylaws shall provide for the
following and, if they do not do so, shall be deemed to include
the following:
(b) Quorum; voting requirements; proxies.—
1. Unless a lower number is provided in the bylaws, the
percentage of voting interests required to constitute a quorum
at a meeting of the members is a majority of the voting
interests. Unless otherwise provided in this chapter or in the
declaration, articles of incorporation, or bylaws, and except as
provided in subparagraph (d)4., decisions shall be made by a
majority of the voting interests represented at a meeting at
which a quorum is present.
2. Except as specifically otherwise provided herein, unit
owners in a residential condominium may not vote by general
proxy, but may vote by limited proxies substantially conforming
to a limited proxy form adopted by the division. A voting
interest or consent right allocated to a unit owned by the
association may not be exercised or considered for any purpose,
whether for a quorum, an election, or otherwise. Limited proxies
and general proxies may be used to establish a quorum. Limited
proxies shall be used for votes taken to waive or reduce
reserves in accordance with subparagraph (f)2.; for votes taken
to waive the financial reporting requirements of s. 718.111(13);
for votes taken to amend the declaration pursuant to s. 718.110;
for votes taken to amend the articles of incorporation or bylaws
pursuant to this section; and for any other matter for which
this chapter requires or permits a vote of the unit owners.
Except as provided in paragraph (d), a proxy, limited or
general, may not be used in the election of board members in a
residential condominium. General proxies may be used for other
matters for which limited proxies are not required, and may be
used in voting for nonsubstantive changes to items for which a
limited proxy is required and given. Notwithstanding this
subparagraph, unit owners may vote in person at unit owner
meetings. This subparagraph does not limit the use of general
proxies or require the use of limited proxies for any agenda
item or election at any meeting of a timeshare condominium
association or a nonresidential condominium association.
3. A proxy given is effective only for the specific meeting
for which originally given and any lawfully adjourned meetings
thereof. A proxy is not valid longer than 90 days after the date
of the first meeting for which it was given. Each proxy is
revocable at any time at the pleasure of the unit owner
executing it.
4. A member of the board of administration or a committee
may submit in writing his or her agreement or disagreement with
any action taken at a meeting that the member did not attend.
This agreement or disagreement may not be used as a vote for or
against the action taken or to create a quorum.
5. A board meeting may be conducted in person or by audio
conference or video conference, or both. A board or committee
member’s participation in a meeting via telephone, real-time
audioconferencing or videoconferencing, or similar real-time
electronic, audio, or video communication counts toward a
quorum, and such member may vote as if physically present. A
speaker must be used so that the conversation of such members
may be heard by the board or committee members attending in
person as well as by any unit owners present at a meeting. The
division shall adopt rules pursuant to ss. 120.536 and 120.54
governing the requirements for meetings.
(c) Board of administration meetings.—In a residential
condominium association of more than 10 units, the board of
administration shall meet at least once each quarter. At least
four times each year, the meeting agenda must include an
opportunity for members to ask questions of the board. Meetings
of the board of administration at which a quorum of the members
is present are open to all unit owners. Members of the board of
administration may use e-mail as a means of communication but
may not cast a vote on an association matter via e-mail. A unit
owner may tape record or videotape the meetings. The right to
attend such meetings includes the right to speak at such
meetings with reference to all designated agenda items and the
right to ask questions relating to reports on the status of
construction or repair projects, the status of revenues and
expenditures during the current fiscal year, and other issues
affecting the condominium. The division shall adopt reasonable
rules governing the tape recording and videotaping of the
meeting. The association may adopt written reasonable rules
governing the frequency, duration, and manner of unit owner
statements.
1. Adequate notice of all board meetings, which must
specifically identify all agenda items, must be posted
conspicuously on the condominium property at least 48 continuous
hours before the meeting except in an emergency. If the board
meeting is to be conducted via audio conference or video
conference, or both, the notice must state that such meeting
will be via audio conference or video conference, or both, and
must include a hyperlink and a conference telephone number for
unit owners to attend the meeting via video conference, as well
as the address of the physical location where the unit owners
can attend the meeting in person. If the meeting is conducted
via audio conference or video conference, or both, it must be
recorded and such recording must be maintained as an official
record of the association. If 20 percent of the voting interests
petition the board to address an item of business, the board,
within 60 days after receipt of the petition, must [shall] place
the item on the agenda at its next regular board meeting or at a
special meeting called for that purpose. An item not included on
the notice may be taken up on an emergency basis by a vote of at
least a majority plus one of the board members. Such emergency
action must be noticed and ratified at the next regular board
meeting. Written notice of a meeting at which a nonemergency
special assessment or an amendment to rules regarding unit use
will be considered must be mailed, delivered, or electronically
transmitted to the unit owners and posted conspicuously on the
condominium property at least 14 days before the meeting.
Evidence of compliance with this 14-day notice requirement must
be made by an affidavit executed by the person providing the
notice and filed with the official records of the association.
2. Upon notice to the unit owners, the board shall, by duly
adopted rule, designate a specific location on the condominium
property at which all notices of board meetings must be posted.
If there is no condominium property at which notices can be
posted, notices must [shall] be mailed, delivered, or
electronically transmitted to each unit owner at least 14 days
before the meeting. In lieu of or in addition to the physical
posting of the notice on the condominium property, the
association may, by reasonable rule, adopt a procedure for
conspicuously posting and repeatedly broadcasting the notice and
the agenda on a closed-circuit cable television system serving
the condominium association. However, if broadcast notice is
used in lieu of a notice physically posted on condominium
property, the notice and agenda must be broadcast at least four
times every broadcast hour of each day that a posted notice is
otherwise required under this section. If broadcast notice is
provided, the notice and agenda must be broadcast in a manner
and for a sufficient continuous length of time so as to allow an
average reader to observe the notice and read and comprehend the
entire content of the notice and the agenda. In addition to any
of the authorized means of providing notice of a meeting of the
board, the association may, by rule, adopt a procedure for
conspicuously posting the meeting notice and the agenda on a
website serving the condominium association for at least the
minimum period of time for which a notice of a meeting is also
required to be physically posted on the condominium property.
Any rule adopted must [shall], in addition to other matters,
include a requirement that the association send an electronic
notice in the same manner as a notice for a meeting of the
members, which must include a hyperlink to the website at which
the notice is posted, to unit owners whose e-mail addresses are
included in the association’s official records.
3. Notice of any meeting in which regular or special
assessments against unit owners are to be considered must
specifically state that assessments will be considered and
provide the estimated cost and description of the purposes for
such assessments. If an agenda item relates to the approval of a
contract for goods or services, a copy of the contract must be
provided with the notice and be made available for inspection
and copying upon a written request from a unit owner or made
available on the association’s website or through an application
that can be downloaded on a mobile device.
4. Meetings of a committee to take final action on behalf
of the board or make recommendations to the board regarding the
association budget are subject to this paragraph. Meetings of a
committee that does not take final action on behalf of the board
or make recommendations to the board regarding the association
budget are subject to this section, unless those meetings are
exempted from this section by the bylaws of the association.
5. Notwithstanding any other law, the requirement that
board meetings and committee meetings be open to the unit owners
does not apply to:
a. Meetings between the board or a committee and the
association’s attorney, with respect to proposed or pending
litigation, if the meeting is held for the purpose of seeking or
rendering legal advice; or
b. Board meetings held for the purpose of discussing
personnel matters.
(d) Unit owner meetings.—
1. An annual meeting of the unit owners must be held at the
location provided in the association bylaws and, if the bylaws
are silent as to the location, the meeting must be held within
15 miles of the condominium property or within the same county
as the condominium property. However, such distance requirement
does not apply to an association governing a timeshare
condominium. If a unit owner meeting is conducted via audio
conference or video conference, or both, a unit owner may vote
electronically in the manner provided in s. 718.128.
2. Unit owner meetings, including the annual meeting of the
unit owners, may be conducted in person or via audio conference
or video conference, or both. If the annual meeting of the unit
owners is conducted via audio conference or video conference, or
both, a quorum of the members of the board of administration
must be physically present at the physical location where unit
owners can attend the meeting. The location must be provided in
the association bylaws and, if the bylaws are silent as to the
location, the meeting must be held within 15 miles of the
condominium property or within the same county as the
condominium property. If the unit owner meeting is conducted via
audio or video conference, or both, the audio conference or
video conference, or both, must be recorded and such recording
must be maintained as an official record of the association. The
division shall adopt rules pursuant to ss. 120.536 and 120.54
governing the requirements for meetings.
3. Unless the bylaws provide otherwise, a vacancy on the
board caused by the expiration of a director’s term must be
filled by electing a new board member, and the election must be
by secret ballot. An election is not required if the number of
vacancies equals or exceeds the number of candidates. For
purposes of this paragraph, the term “candidate” means an
eligible person who has timely submitted the written notice, as
described in sub-subparagraph 4.a., of his or her intention to
become a candidate. Except in a timeshare or nonresidential
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, the terms of
all board members expire at the annual meeting, and such members
may stand for reelection unless prohibited by the bylaws. Board
members may serve terms longer than 1 year if permitted by the
bylaws or articles of incorporation. A board member may not
serve more than 8 consecutive years unless approved by an
affirmative vote of unit owners representing two-thirds of all
votes cast in the election or unless there are not enough
eligible candidates to fill the vacancies on the board at the
time of the vacancy. Only board service that occurs on or after
July 1, 2018, may be used when calculating a board member’s term
limit. 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. Unless the bylaws provide
otherwise, any remaining vacancies shall be filled by the
affirmative vote of the majority of the directors making up the
newly constituted board even if the directors constitute less
than a quorum or there is only one director. In a residential
condominium association of more than 10 units or in a
residential condominium association that does not include
timeshare units or timeshare interests, co-owners of a unit may
not serve as members of the board of directors at the same time
unless they own more than one unit or unless there are not
enough eligible candidates to fill the vacancies on the board at
the time of the vacancy. A unit owner in a residential
condominium desiring to be a candidate for board membership must
comply with sub-subparagraph 4.a. and must be eligible to be a
candidate to serve on the board of directors at the time of the
deadline for submitting a notice of intent to run in order to
have his or her name listed as a proper candidate on the ballot
or to serve on the board. A person who has been suspended or
removed by the division under this chapter, or who is delinquent
in the payment of any assessment due to the association, is not
eligible to be a candidate for board membership and may not be
listed on the ballot. For purposes of this paragraph, a person
is delinquent if a payment is not made by the due date as
specifically identified in the declaration of condominium,
bylaws, or articles of incorporation. If a due date is not
specifically identified in the declaration of condominium,
bylaws, or articles of incorporation, the due date is the first
day of the assessment period. A person who has been convicted of
any felony in this state or in a United States District or
Territorial Court, or who has been convicted of any offense in
another jurisdiction which would be considered a felony if
committed in this state, is not eligible for board membership
unless such felon’s civil rights have been restored for at least
5 years as of the date such person seeks election to the board.
The validity of an action by the board is not affected if it is
later determined that a board member is ineligible for board
membership due to having been convicted of a felony. This
subparagraph does not limit the term of a member of the board of
a nonresidential or timeshare condominium.
4. The bylaws must provide the method of calling meetings
of unit owners, including annual meetings. Written notice of an
annual meeting must include an agenda; be mailed, hand
delivered, or electronically transmitted to each unit owner at
least 14 days before the annual meeting; and be posted in a
conspicuous place on the condominium property or association
property at least 14 continuous days before the annual meeting.
Written notice of a meeting other than an annual meeting must
include an agenda; be mailed, hand delivered, or electronically
transmitted to each unit owner; and be posted in a conspicuous
place on the condominium property or association property within
the timeframe specified in the bylaws. If the bylaws do not
specify a timeframe for written notice of a meeting other than
an annual meeting, notice must be provided at least 14
continuous days before the meeting. Upon notice to the unit
owners, the board shall, by duly adopted rule, designate a
specific location on the condominium property or association
property at which all notices of unit owner meetings must be
posted. This requirement does not apply if there is no
condominium property for posting notices. In addition to the
physical posting of meeting notices, the association may, by
reasonable rule, adopt a procedure for conspicuously posting and
repeatedly broadcasting the notice and the agenda on a closed
circuit cable television system serving the condominium
association. If broadcast notice is provided, the notice and
agenda must be broadcast in a manner and for a sufficient
continuous length of time so as to allow an average reader to
observe the notice and read and comprehend the entire content of
the notice and the agenda. In addition to any of the authorized
means of providing notice of a meeting of the board, the
association may, by rule, adopt a procedure for conspicuously
posting the meeting notice and the agenda on a website serving
the condominium association for at least the minimum period of
time for which a notice of a meeting is also required to be
physically posted on the condominium property. Any rule adopted
shall, in addition to other matters, include a requirement that
the association send an electronic notice in the same manner as
a notice for a meeting of the members, which must include a
hyperlink to the website at which the notice is posted, to unit
owners whose e-mail addresses are included in the association’s
official records. Unless a unit owner waives in writing the
right to receive notice of the annual meeting, such notice must
be hand delivered, mailed, or electronically transmitted to each
unit owner. Notice for meetings and notice for all other
purposes must be mailed to each unit owner at the address last
furnished to the association by the unit owner, or hand
delivered to each unit owner. However, if a unit is owned by
more than one person, the association must provide notice to the
address that the developer identifies for that purpose and
thereafter as one or more of the owners of the unit advise the
association in writing, or if no address is given or the owners
of the unit do not agree, to the address provided on the deed of
record. An officer of the association, or the manager or other
person providing notice of the association meeting, must provide
an affidavit or United States Postal Service certificate of
mailing, to be included in the official records of the
association affirming that the notice was mailed or hand
delivered in accordance with this provision.
5. The members of the board of a residential condominium
shall be elected by written ballot or voting machine. Proxies
may not be used in electing the board in general elections or
elections to fill vacancies caused by recall, resignation, or
otherwise, unless otherwise provided in this chapter. This
subparagraph does not apply to an association governing a
timeshare condominium.
a. At least 60 days before a scheduled election, the
association shall mail, deliver, or electronically transmit, by
separate association mailing or included in another association
mailing, delivery, or transmission, including regularly
published newsletters, to each unit owner entitled to a vote, a
first notice of the date of the election. A unit owner or other
eligible person desiring to be a candidate for the board must
give written notice of his or her intent to be a candidate to
the association at least 40 days before a scheduled election.
Together with the written notice and agenda as set forth in
subparagraph 3., the association shall mail, deliver, or
electronically transmit a second notice of the election to all
unit owners entitled to vote, together with a ballot that lists
all candidates not less than 14 days or more than 34 days before
the date of the election. Upon request of a candidate, an
information sheet, no larger than 8 1/2 inches by 11 inches,
which must be furnished by the candidate at least 35 days before
the election, must be included with the mailing, delivery, or
transmission of the ballot, with the costs of mailing, delivery,
or electronic transmission and copying to be borne by the
association. The association is not liable for the contents of
the information sheets prepared by the candidates. In order to
reduce costs, the association may print or duplicate the
information sheets on both sides of the paper. The division
shall by rule establish voting procedures consistent with this
sub-subparagraph, including rules establishing procedures for
giving notice by electronic transmission and rules providing for
the secrecy of ballots. Elections are [shall be] decided by a
plurality of ballots cast. There is no quorum requirement;
however, at least 20 percent of the eligible voters must cast a
ballot in order to have a valid election. A unit owner may not
authorize any other person to vote his or her ballot, and any
ballots improperly cast are invalid. A unit owner who violates
this provision may be fined by the association in accordance
with s. 718.303. A unit owner who needs assistance in casting
the ballot for the reasons stated in s. 101.051 may obtain such
assistance. The regular election must occur on the date of the
annual meeting. Notwithstanding this sub-subparagraph, an
election is not required unless more candidates file notices of
intent to run or are nominated than board vacancies exist.
b. A director of a board of an association of a residential
condominium shall:
(I) Certify in writing to the secretary of the association
that he or she has read the association’s declaration of
condominium, articles of incorporation, bylaws, and current
written policies; that he or she will work to uphold such
documents and policies to the best of his or her ability; and
that he or she will faithfully discharge his or her fiduciary
responsibility to the association’s members.
(II) Submit to the secretary of the association a
certificate of having satisfactorily completed the educational
curriculum administered by the division or a division-approved
condominium education provider. The educational curriculum must
be at least 4 hours long and include instruction on milestone
inspections, structural integrity reserve studies, elections,
recordkeeping, financial literacy and transparency, levying of
fines, and notice and meeting requirements.
Each newly elected or appointed director must submit to the
secretary of the association the written certification and
educational certificate within 1 year before being elected or
appointed or 90 days after the date of election or appointment.
A director of an association of a residential condominium who
was elected or appointed before July 1, 2024, must comply with
the written certification and educational certificate
requirements in this sub-subparagraph by June 30, 2025. The
written certification and educational certificate is valid for 7
years after the date of issuance and does not have to be
resubmitted as long as the director serves on the board without
interruption during the 7-year period. A director who is
appointed by the developer may satisfy the educational
certificate requirement in sub-sub-subparagraph (II) for any
subsequent appointment to a board by a developer within 7 years
after the date of issuance of the most recent educational
certificate, including any interruption of service on a board or
appointment to a board in another association within that 7-year
period. One year after submission of the most recent written
certification and educational certificate, and annually
thereafter, a director of an association of a residential
condominium must submit to the secretary of the association a
certificate of having satisfactorily completed at least 1 hour
of continuing education administered by the division, or a
division-approved condominium education provider, relating to
any recent changes to this chapter and the related
administrative rules during the past year. A director of an
association of a residential condominium who fails to timely
file the written certification and educational certificate is
suspended from service on the board until he or she complies
with this sub-subparagraph. The board may temporarily fill the
vacancy during the period of suspension. The secretary shall
cause the association to retain a director’s written
certification and educational certificate for inspection by the
members for 7 years after a director’s election or the duration
of the director’s uninterrupted tenure, whichever is longer.
Failure to have such written certification and educational
certificate on file does not affect the validity of any board
action.
c. Any challenge to the election process must be commenced
within 60 days after the election results are announced.
6. Any approval by unit owners called for by this chapter
or the applicable declaration or bylaws, including, but not
limited to, the approval requirement in s. 718.111(8), must be
made at a duly noticed meeting of unit owners and is subject to
all requirements of this chapter or the applicable condominium
documents relating to unit owner decisionmaking, except that
unit owners may take action by written agreement, without
meetings, on matters for which action by written agreement
without meetings is expressly allowed by the applicable bylaws
or declaration or any law that provides for such action.
7. Unit owners may waive notice of specific meetings if
allowed by the applicable bylaws or declaration or any law.
Notice of meetings of the board of administration; unit owner
meetings, except unit owner meetings called to recall board
members under paragraph (l); and committee meetings may be given
by electronic transmission to unit owners who consent to receive
notice by electronic transmission. A unit owner who consents to
receiving notices by electronic transmission is solely
responsible for removing or bypassing filters that block receipt
of mass e-mails sent to members on behalf of the association in
the course of giving electronic notices.
8. Unit owners have the right to participate in meetings of
unit owners with reference to all designated agenda items.
However, the association may adopt reasonable rules governing
the frequency, duration, and manner of unit owner participation.
9. A unit owner may tape record or videotape a meeting of
the unit owners subject to reasonable rules adopted by the
division.
10. Unless otherwise provided in the bylaws, any vacancy
occurring on the board before the expiration of a term may be
filled by the affirmative vote of the majority of the remaining
directors, even if the remaining directors constitute less than
a quorum, or by the sole remaining director. In the alternative,
a board may hold an election to fill the vacancy, in which case
the election procedures must conform to sub-subparagraph 4.a.
unless the association governs 10 units or fewer and has opted
out of the statutory election process, in which case the bylaws
of the association control. Unless otherwise provided in the
bylaws, a board member appointed or elected under this section
shall fill the vacancy for the unexpired term of the seat being
filled. Filling vacancies created by recall is governed by
paragraph (l) and rules adopted by the division.
11. This chapter 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 machine for any
agenda item or election at any meeting of a timeshare
condominium association or nonresidential condominium
association.
Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an
association of 10 or fewer units may, by affirmative vote of a
majority of the total voting interests, provide for different
voting and election procedures in its bylaws, which may be by a
proxy specifically delineating the different voting and election
procedures. The different voting and election procedures may
provide for elections to be conducted by limited or general
proxy.
(e) Budget meeting.—
1. Any meeting at which a proposed annual budget of an
association will be considered by the board or unit owners is
[shall be] open to all unit owners. A meeting of the board or unit
owners at which a proposed annual association budget will be
considered may be conducted by audio conference or video
conference, or both. The division shall adopt rules pursuant to
ss. 120.536 and 120.54 governing the requirements for such
meetings. A sound transmitting device must be used so that the
conversation of such members may be heard by the board or
committee members attending in person, as well as any unit
owners present at the meeting. At least 14 days before such a
meeting, the board shall hand deliver to each unit owner, mail
to each unit owner at the address last furnished to the
association by the unit owner, or electronically transmit to the
location furnished by the unit owner for that purpose a notice
of such meeting and a copy of the proposed annual budget. An
officer or a manager of the association, or other person
providing notice of such meeting, shall execute an affidavit
evidencing compliance with such notice requirement, and such
affidavit shall be filed among the official records of the
association.
2.a. If a board proposes in any fiscal year an annual
budget which requires assessments against unit owners which
exceed 115 percent of assessments for the preceding fiscal year,
the board must [shall] simultaneously propose a substitute budget
that does not include any discretionary expenditures that are
not required to be in the budget. The substitute budget must be
proposed at the budget meeting before the adoption of the annual
budget. At least 14 days before such budget meeting in which a
substitute budget will be proposed, the board shall hand deliver
to each unit owner, or mail to each unit owner at the address
last furnished to the association, a notice of the meeting. An
officer or manager of the association, or other person providing
notice of such meeting shall execute an affidavit evidencing
compliance with this notice requirement, and such affidavit must
[shall] be filed among the official records of the association.
Unit owners shall [must] consider and may adopt a substitute
budget at the meeting. A substitute budget is adopted if
approved by a majority of all voting interests unless the bylaws
require adoption by a greater percentage of voting interests. If
a substitute budget is not adopted, the annual budget previously
initially proposed by the board may be adopted.
b. Any determination of whether assessments exceed 115
percent of assessments for the previous [prior] fiscal year must
[shall] exclude any authorized provision for required reserves for
repair or replacement of the condominium property; anticipated
expenses of the association which the board does not expect to
be incurred on a regular or annual basis for the repair,
maintenance, or replacement of the items listed in paragraph
(g); and insurance premiums.
c. If the developer controls the board, assessments may not
exceed 115 percent of assessments for the prior fiscal year
unless approved by a majority of all voting interests.
Section 4. Paragraph (a) of subsection (1) of section
718.1265, Florida Statutes, is amended to read:
718.1265 Association emergency powers.—
(1) To the extent allowed by law, unless specifically
prohibited by the declaration of condominium, the articles, or
the bylaws of an association, and consistent with s. 617.0830,
the board of administration, in response to damage or injury
caused by or anticipated in connection with an emergency, as
defined in s. 252.34(4), for which a state of emergency is
declared pursuant to s. 252.36 in the locale in which the
condominium is located, may exercise the following powers:
(a) Conduct board meetings, committee meetings, elections,
and membership meetings, in whole or in part, by telephone,
real-time audioconferencing or videoconferencing, or similar
real-time electronic audio or video communication with notice
given as is practicable. Such notice may be given in any
practicable manner, including publication, radio, United States
mail, the Internet, electronic transmission, public service
announcements, and conspicuous posting on the condominium
property or association property or any other means the board
deems reasonable under the circumstances. Notice of decisions
also may be communicated as provided in this paragraph.
Section 5. Paragraph (b) of subsection (1) of section
719.106, Florida Statutes, is amended to read:
719.106 Bylaws; cooperative ownership.—
(1) MANDATORY PROVISIONS.—The bylaws or other cooperative
documents shall provide for the following, and if they do not,
they shall be deemed to include the following:
(b) Quorum; voting requirements; proxies.—
1. Unless otherwise provided in the bylaws, the percentage
of voting interests required to constitute a quorum at a meeting
of the members shall be a majority of voting interests, and
decisions shall be made by owners of a majority of the voting
interests. Unless otherwise provided in this chapter, or in the
articles of incorporation, bylaws, or other cooperative
documents, and except as provided in subparagraph (d)1.,
decisions shall be made by owners of a majority of the voting
interests represented at a meeting at which a quorum is present.
2. Except as specifically otherwise provided herein, after
January 1, 1992, unit owners may not vote by general proxy, but
may vote by limited proxies substantially conforming to a
limited proxy form adopted by the division. Limited proxies and
general proxies may be used to establish a quorum. Limited
proxies shall be used for votes taken to waive or reduce
reserves in accordance with subparagraph (j)2., for votes taken
to waive the financial reporting requirements of s.
719.104(4)(b), for votes taken to amend the articles of
incorporation or bylaws pursuant to this section, and for any
other matter for which this chapter requires or permits a vote
of the unit owners. Except as provided in paragraph (d), after
January 1, 1992, a [no] proxy, limited or general, may not [shall]
be used in the election of board members. General proxies may be
used for other matters for which limited proxies are not
required, and may also be used in voting for nonsubstantive
changes to items for which a limited proxy is required and
given. Notwithstanding [the provisions of] this section, unit
owners may vote in person at unit owner meetings. This section
does not [Nothing contained herein shall] limit the use of general
proxies or require the use of limited proxies or require the use
of limited proxies for any agenda item or election at any
meeting of a timeshare cooperative.
3. Any proxy given is [shall be] effective only for the
specific meeting for which originally given and any lawfully
adjourned meetings thereof. In no event shall any proxy be valid
for a period longer than 90 days after the date of the first
meeting for which it was given. Every proxy is [shall be]
revocable at any time at the pleasure of the unit owner
executing it.
4. A member of the board of administration or a committee
may submit in writing his or her agreement or disagreement with
any action taken at a meeting that the member did not attend.
This agreement or disagreement may not be used as a vote for or
against the action taken and may not be used for the purposes of
creating a quorum.
5. A board member or committee member participating in a
meeting via telephone, real-time audioconferencing or
videoconferencing, or similar real-time electronic audio or
video communication counts toward a quorum, and such member may
vote as if physically present. A speaker must be used so that
the conversation of such members may be heard by the board or
committee members attending in person, as well as by any unit
owners present at a meeting.
Section 6. Paragraph (a) of subsection (1) of section
719.128, Florida Statutes, is amended to read:
719.128 Association emergency powers.—
(1) To the extent allowed by law, unless specifically
prohibited by the cooperative documents, and consistent with s.
617.0830, the board of administration, in response to damage or
injury caused by or anticipated in connection with an emergency,
as defined in s. 252.34(4), for which a state of emergency is
declared pursuant to s. 252.36 in the area encompassed by the
cooperative, may exercise the following powers:
(a) Conduct board meetings, committee meetings, elections,
or membership meetings, in whole or in part, by telephone, real
time audioconferencing or videoconferencing, or similar real
time electronic audio or video communication after notice of the
meetings and board decisions is provided in as practicable a
manner as possible, including via publication, radio, United
States mail, the Internet, electronic transmission, public
service announcements, conspicuous posting on the cooperative
property, or any other means the board deems appropriate under
the circumstances. Notice of decisions may also be communicated
as provided in this paragraph.
Section 7. Paragraph (a) of subsection (1) of section
720.316, Florida Statutes, is amended to read:
720.316 Association emergency powers.—
(1) To the extent allowed by law, unless specifically
prohibited by the declaration or other recorded governing
documents, and consistent with s. 617.0830, the board of
directors, in response to damage or injury caused by or
anticipated in connection with an emergency, as defined in s.
252.34(4), for which a state of emergency is declared pursuant
to s. 252.36 in the area encompassed by the association, may
exercise the following powers:
(a) Conduct board meetings, committee meetings, elections,
or membership meetings, in whole or in part, by telephone, real
time audioconferencing or videoconferencing, or similar real
time electronic audio or video communication after notice of the
meetings and board decisions is provided in as practicable a
manner as possible, including via publication, radio, United
States mail, the Internet, electronic transmission, public
service announcements, conspicuous posting on the common area,
or any other means the board deems appropriate under the
circumstances. Notice of decisions may also be communicated as
provided in this paragraph.
Section 8. Paragraph (a) of subsection (1) of section
718.501, Florida Statutes, is amended, and paragraph (u) of that
subsection is reenacted, to read:
718.501 Authority, responsibility, and duties of Division
of Florida Condominiums, Timeshares, and Mobile Homes.—
(1) The division may enforce and ensure compliance with
this chapter and rules relating to the development,
construction, sale, lease, ownership, operation, and management
of residential condominium units and complaints. In performing
its duties, the division has complete jurisdiction to
investigate complaints and enforce compliance with respect to
associations that are still under developer control or the
control of a bulk assignee or bulk buyer pursuant to part VII of
this chapter and complaints against developers, bulk assignees,
or bulk buyers involving improper turnover or failure to
turnover, pursuant to s. 718.301. However, after turnover has
occurred, the division has jurisdiction to review records and
investigate complaints related only to:
(a)1. Procedural aspects and records relating to financial
issues, including annual financial reporting under s.
718.111(13); assessments for common expenses, fines, and
commingling of reserve and operating funds under s. 718.111(14);
use of debit cards for unintended purposes under s. 718.111(15);
the annual operating budget and the allocation of reserve funds
under s. 718.112(2)(f); financial records under s.
718.111(12)(a)11.; and any other record necessary to determine
the revenues and expenses of the association.
2. Elections, including election and voting requirements
under s. 718.112(2)(b) and (d), recall of board members under s.
718.112(2)(l), electronic voting under s. 718.128, and elections
that occur during an emergency under s. 718.1265(1)(a).
3. The maintenance of and unit owner access to association
records under s. 718.111(12), including, but not limited to,
audio or video recordings.
4. The procedural aspects of meetings, including unit owner
meetings, quorums, voting requirements, proxies, board of
administration meetings, and budget meetings under s.
718.112(2).
5. The disclosure of conflicts of interest under ss.
718.111(1)(a) and 718.3027, including limitations contained in
s. 718.111(3)(f).
6. The removal of a board director or officer under ss.
718.111(1)(a) and (15) and 718.112(2)(p) and (q).
7. The procedural completion of structural integrity
reserve studies under s. 718.112(2)(g) and the milestone
inspections under s. 553.899.
8. Completion of repairs required by a milestone inspection
under s. 553.899.
9. Any written inquiries by unit owners to the association
relating to such matters, including written inquiries under s.
718.112(2)(a)2.
10. The requirement for associations to maintain an
insurance policy or fidelity bonding for all persons who control
or disperse funds of the association under s. 718.111(11)(h).
11. Board member education requirements under s.
718.112(2)(d)5.b.
12. Reporting requirements for structural integrity reserve
studies under subsection (3) and under s. 718.112(2)(g)12.
(u) If the division receives a complaint regarding access
to official records on the association’s website or through an
application that can be downloaded on a mobile device under s.
718.111(12)(g), the division may request access to the
association’s website or application and investigate. The
division may adopt rules to carry out this paragraph.
Section 9. Paragraph (d) of subsection (1) and paragraph
(e) of subsection (2) of section 718.503, Florida Statutes, are
amended to read:
718.503 Developer disclosure prior to sale; nondeveloper
unit owner disclosure prior to sale; voidability.—
(1) DEVELOPER DISCLOSURE.—
(d) Milestone inspection, turnover inspection report, or
structural integrity reserve study.—If the association is
required to have completed a milestone inspection as described
in s. 553.899, a turnover inspection report for a turnover
 1000  inspection performed on or after July 1, 2023, or a structural
 1001  integrity reserve study, and the association has not completed
 1002  the milestone inspection, the turnover inspection report, or the
 1003  structural integrity reserve study, each contract entered into
 1004  after December 31, 2024, for the sale of a residential unit
 1005  shall contain in conspicuous type a statement indicating that
 1006  the association is required to have a milestone inspection, a
 1007  turnover inspection report, or a structural integrity reserve
 1008  study and has not completed such inspection, report, or study,
 1009  as appropriate. If the association is not required to have a
 1010  milestone inspection as described in s. 553.899 or a structural
 1011  integrity reserve study, each contract entered into after
 1012  December 31, 2024, for the sale of a residential unit shall
 1013  contain in conspicuous type a statement indicating that the
 1014  association is not required to have a milestone inspection or a
 1015  structural integrity reserve study, as appropriate. If the
 1016  association has completed a milestone inspection as described in
 1017  s. 553.899, a turnover inspection report for a turnover
 1018  inspection performed on or after July 1, 2023, or a structural
 1019  integrity reserve study, each contract entered into after
 1020  December 31, 2024, for the sale of a residential unit shall
 1021  contain in conspicuous type:
 1022  1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
 1023  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
 1024  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 1025  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 1026  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 1027  718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 1028  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 1029  RESERVE STUDY DESCRIBED IN SECTIONS 718.103(27) [718.103(26)] AND
 1030  718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15
 1031  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
 1032  EXECUTION OF THIS CONTRACT; and
 1033  2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
 1034  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
 1035  CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
 1036  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
 1037  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
 1038  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 1039  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 1040  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 1041  718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 1042  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 1043  RESERVE STUDY DESCRIBED IN SECTIONS 718.103(27) [718.103(26)] AND
 1044  718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
 1045  WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
 1046  MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15
 1047  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
 1048  THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
 1049  SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
 1050  SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
 1051  INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),
 1052  FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION’S MOST RECENT
 1053  STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
 1054  718.103(27) [718.103(26)] AND 718.112(2)(g), FLORIDA STATUTES, IF
 1055  REQUESTED IN WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL
 1056  TERMINATE AT CLOSING.
 1057
 1058  A contract that does not conform to the requirements of this
 1059  paragraph is voidable at the option of the purchaser before
 1060  closing.
 1061  (2) NONDEVELOPER DISCLOSURE.—
 1062  (e) If the association is required to have completed a
 1063  milestone inspection as described in s. 553.899, a turnover
 1064  inspection report for a turnover inspection performed on or
 1065  after July 1, 2023, or a structural integrity reserve study, and
 1066  the association has not completed the milestone inspection, the
 1067  turnover inspection report, or the structural integrity reserve
 1068  study, each contract entered into after December 31, 2024, for
 1069  the sale of a residential unit shall contain in conspicuous type
 1070  a statement indicating that the association is required to have
 1071  a milestone inspection, a turnover inspection report, or a
 1072  structural integrity reserve study and has not completed such
 1073  inspection, report, or study, as appropriate. If the association
 1074  is not required to have a milestone inspection as described in
 1075  s. 553.899 or a structural integrity reserve study, each
 1076  contract entered into after December 31, 2024, for the sale of a
 1077  residential unit shall contain in conspicuous type a statement
 1078  indicating that the association is not required to have a
 1079  milestone inspection or a structural integrity reserve study, as
 1080  appropriate. If the association has completed a milestone
 1081  inspection as described in s. 553.899, a turnover inspection
 1082  report for a turnover inspection performed on or after July 1,
 1083  2023, or a structural integrity reserve study, each contract
 1084  entered into after December 31, 2024, for the resale of a
 1085  residential unit shall contain in conspicuous type:
 1086  1. A clause which states: THE BUYER HEREBY ACKNOWLEDGES
 1087  THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR
 1088  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 1089  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 1090  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 1091  718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 1092  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 1093  RESERVE STUDY DESCRIBED IN SECTIONS 718.103(27) [718.103(26)] AND
 1094  718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 7
 1095  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
 1096  EXECUTION OF THIS CONTRACT; and
 1097  2. A clause which states: THIS AGREEMENT IS VOIDABLE BY
 1098  BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER’S INTENTION TO
 1099  CANCEL WITHIN 7 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
 1100  HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
 1101  BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR
 1102  PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
 1103  IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
 1104  THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
 1105  718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
 1106  COPY OF THE ASSOCIATION’S MOST RECENT STRUCTURAL INTEGRITY
 1107  RESERVE STUDY DESCRIBED IN SECTIONS 718.103(27) [718.103(26)] AND
 1108  718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
 1109  WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
 1110  MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 7
 1111  DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
 1112  THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
 1113  SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
 1114  SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
 1115  INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),
 1116  FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION’S MOST RECENT
 1117  STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
 1118  718.103(27) [718.103(26)] AND 718.112(2)(g), FLORIDA STATUTES, IF
 1119  REQUESTED IN WRITING. BUYER’S RIGHT TO VOID THIS AGREEMENT SHALL
 1120  TERMINATE AT CLOSING.
 1121
 1122  A contract that does not conform to the requirements of this
 1123  paragraph is voidable at the option of the purchaser before
 1124  closing.
 1125  Section 10. For the purpose of incorporating the amendment
 1126  made by this act to section 719.106, Florida Statutes, in a
 1127  reference thereto, section 723.0791, Florida Statutes, is
 1128  reenacted to read:
 1129  723.0791 Mobile home cooperative homeowners’ associations;
 1130  elections.—The provisions of s. 719.106(1)(b) notwithstanding,
 1131  the election of board members in a mobile home cooperative
 1132  homeowners’ association may be carried out in the manner
 1133  provided for in the bylaws of the association. A mobile home
 1134  cooperative is a residential cooperative consisting of real
 1135  property to which 10 or more mobile homes are located or are
 1136  affixed.
 1137  Section 11. This act shall take effect July 1, 2026.

Revising the list of official records that a condominium association is required to maintain to include audio conference recordings; revising association meeting requirements and authorizing associations to use audioconferencing, in addition to videoconferencing, or to use both; revising the emergency powers of a condominium association to include the power to conduct meetings and elections via audioconferencing; revising the emergency powers of a residential cooperative association and a homeowners' association, respectively, to include the power to conduct meetings and elections via audioconferencing, etc.

Sponsors

Sen. Shevrin Jones (D) sponsors S 1744 alone.

Shevrin Jones

Sen. · D–34 · Sponsor

History

S 1744 has taken 4 actions since Jan 9, 2026, the latest on Mar 13, 2026.

ChamberAction
Mar 13, 2026
Senate
Died in Regulated Industries
Jan 22, 2026
Senate
Introduced
Jan 16, 2026
Senate
Referred to Regulated Industries; Judiciary; Rules
Jan 9, 2026
Senate
Filed

Votes

S 1744 has not gone to a roll call.

Source: flsenate.gov · legiscan.com