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H 1541

Florida House•In House Committee

Summary

H 1541, “Use of Audioconferencing by Community Associations”, was introduced in the House on Jan 9, 2026 by Rep. Wallace Aristide (D). It last saw action on Mar 13, 2026: Died in Civil Justice & Claims Subcommittee.

Record

Text

H 1541 has no co-sponsors and has not gone to a roll call.

h1541/introduced.txt
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    HB 1541  2026
A bill to be entitled
An act relating to the use of audioconferencing by
community associations; amending ss. 718.103, 719.103,
and 720.301, 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 ss. 336.125,
558.002, 617.0725, 718.116, 718.503, 719.503, and
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720.3085, 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).
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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
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     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.
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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
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    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
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    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
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    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,
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    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
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    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.
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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
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    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
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    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
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    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.
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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
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    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
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    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
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    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
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    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
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    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
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    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
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    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-
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    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
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    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
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    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
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    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.
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    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
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    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
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    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
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    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
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    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
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    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
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    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.       Subsections (3) through (29) of section
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    719.103, Florida Statutes, are renumbered as subsections (4)
    through (30), respectively, and a new subsection (3) is added to
    that section, to read:
719.103      Definitions.—As used in this chapter:
(3)      "Audio conference" means a real-time, audio-based
    meeting between two or more people in different locations using
    an audio-enabled device.
Section 6.       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
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    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
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    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 7.       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
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    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 8.       Subsections (2) through (13) of section
    720.301, Florida Statutes, are renumbered as subsections (3)
    through (14), respectively, and a new subsection (2) is added to
    that section, to read:
720.301     Definitions.—As used in this chapter, the term:
(2)     "Audio conference" means a real-time, audio-based
    meeting between two or more people in different locations using
    an audio-enabled device.
Section 9.       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
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    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 10.  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,
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    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
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     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.
1000  12.      Reporting requirements for structural integrity
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1001      reserve studies under subsection (3) and under s.
1002      718.112(2)(g)12.
1003  (u)      If the division receives a complaint regarding access
1004      to official records on the association's website or through an
1005      application that can be downloaded on a mobile device under s.
1006      718.111(12)(g), the division may request access to the
1007      association's website or application and investigate. The
1008      division may adopt rules to carry out this paragraph.
1009  Section 11.  Paragraph (a) of subsection (1) of section
1010      336.125, Florida Statutes, is amended to read:
1011  336.125     Closing and abandonment of roads; optional
1012      conveyance to homeowners' association; traffic control
1013      jurisdiction.—
1014  (1)(a)      In addition to the authority provided in s. 336.12,
1015      the governing body of the county may abandon the roads and
1016      rights-of-way dedicated in a recorded residential subdivision
1017      plat and simultaneously convey the county's interest in such
1018      roads, rights-of-way, and appurtenant drainage facilities to a
1019      homeowners' association for the subdivision, if the following
1020      conditions have been met:
1021  1.      The homeowners' association has requested the
1022      abandonment and conveyance in writing for the purpose of
1023      converting the subdivision to a gated neighborhood with
1024      restricted public access.
1025  2.      No fewer than four-fifths of the owners of record of
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1026      property located in the subdivision have consented in writing to
1027      the abandonment and simultaneous conveyance to the homeowners'
1028      association.
1029  3.      The homeowners' association is both a corporation not
1030      for profit organized and in good standing under chapter 617, and
1031      a "homeowners' association" as defined in s. 720.301 s.
1032      720.301(9) with the power to levy and collect assessments for
1033      routine and periodic major maintenance and operation of street
1034      lighting, drainage, sidewalks, and pavement in the subdivision.
1035  4.      The homeowners' association has entered into and
1036      executed such agreements, covenants, warranties, and other
1037      instruments; has provided, or has provided assurance of, such
1038      funds, reserve funds, and funding sources; and has satisfied
1039      such other requirements and conditions as may be established or
1040      imposed by the county with respect to the ongoing operation,
1041      maintenance, and repair and the periodic reconstruction or
1042      replacement of the roads, drainage, street lighting, and
1043      sidewalks in the subdivision after the abandonment by the
1044      county.
1045  Section 12.  Subsection (2) of section 558.002, Florida
1046      Statutes, is amended to read:
1047  558.002      Definitions.—As used in this chapter, the term:
1048  (2)      "Association" has the same meaning as in s. 718.103,
1049      s. 719.103, s. 720.301 s. 719.103(2), s. 720.301(9), or s.
1050      723.075.
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1051  Section 13.  Section 617.0725, Florida Statutes, is amended
1052      to read:
1053  617.0725  Quorum.—An amendment to the articles of
1054      incorporation or the bylaws which adds, changes, or deletes a
1055      greater or lesser quorum or voting requirement must meet the
1056      same quorum or voting requirement and be adopted by the same
1057      vote and voting groups required to take action under the quorum
1058      and voting requirements then in effect or proposed to be
1059      adopted, whichever is greater. This section does not apply to
1060      any corporation that is an association, as defined in s.
1061      720.301(10) s. 720.301(9), or any corporation regulated under
1062      chapter 718 or chapter 719.
1063  Section 14.  Paragraph (b) of subsection (1) of section
1064      718.116, Florida Statutes, is amended to read:
1065  718.116       Assessments; liability; lien and priority;
1066      interest; collection.—
1067  (1)
1068  (b)1.       The liability of a first mortgagee or its successor
1069      or assignees who acquire title to a unit by foreclosure or by
1070      deed in lieu of foreclosure for the unpaid assessments that
1071      became due before the mortgagee's acquisition of title is
1072      limited to the lesser of:
1073  a.      The unit's unpaid common expenses and regular periodic
1074      assessments which accrued or came due during the 12 months
1075      immediately preceding the acquisition of title and for which
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1076      payment in full has not been received by the association; or
1077  b.      One percent of the original mortgage debt. The
1078      provisions of this paragraph apply only if the first mortgagee
1079      joined the association as a defendant in the foreclosure action.
1080      Joinder of the association is not required if, on the date the
1081      complaint is filed, the association was dissolved or did not
1082      maintain an office or agent for service of process at a location
1083      which was known to or reasonably discoverable by the mortgagee.
1084  2.      An association, or its successor or assignee, that
1085      acquires title to a unit through the foreclosure of its lien for
1086      assessments is not liable for any unpaid assessments, late fees,
1087      interest, or reasonable attorney's fees and costs that came due
1088      before the association's acquisition of title in favor of any
1089      other association, as defined in s. 718.103 or s. 720.301(10) s.
1090      720.301(9), which holds a superior lien interest on the unit.
1091      This subparagraph is intended to clarify existing law.
1092  Section 15.  Paragraph (d) of subsection (1) and paragraph
1093      (e) of subsection (2) of section 718.503, Florida Statutes, are
1094      amended to read:
1095  718.503      Developer disclosure prior to sale; nondeveloper
1096      unit owner disclosure prior to sale; voidability.—
1097  (1)     DEVELOPER DISCLOSURE.—
1098  (d)     Milestone inspection, turnover inspection report, or
1099      structural integrity reserve study.—If the association is
1100      required to have completed a milestone inspection as described
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1101      in s. 553.899, a turnover inspection report for a turnover
1102      inspection performed on or after July 1, 2023, or a structural
1103      integrity reserve study, and the association has not completed
1104      the milestone inspection, the turnover inspection report, or the
1105      structural integrity reserve study, each contract entered into
1106      after December 31, 2024, for the sale of a residential unit
1107      shall contain in conspicuous type a statement indicating that
1108      the association is required to have a milestone inspection, a
1109      turnover inspection report, or a structural integrity reserve
1110      study and has not completed such inspection, report, or study,
1111      as appropriate. If the association is not required to have a
1112      milestone inspection as described in s. 553.899 or a structural
1113      integrity reserve study, each contract entered into after
1114      December 31, 2024, for the sale of a residential unit shall
1115      contain in conspicuous type a statement indicating that the
1116      association is not required to have a milestone inspection or a
1117      structural integrity reserve study, as appropriate. If the
1118      association has completed a milestone inspection as described in
1119      s. 553.899, a turnover inspection report for a turnover
1120      inspection performed on or after July 1, 2023, or a structural
1121      integrity reserve study, each contract entered into after
1122      December 31, 2024, for the sale of a residential unit shall
1123      contain in conspicuous type:
1124  1.      A clause which states: THE BUYER HEREBY ACKNOWLEDGES
1125      THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR-
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1126      PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
1127      IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
1128      THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
1129      718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
1130      COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
1131      RESERVE STUDY DESCRIBED IN SECTIONS 718.103(27) 718.103(26) AND
1132      718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15
1133      DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
1134      EXECUTION OF THIS CONTRACT; and
1135  2.      A clause which states: THIS AGREEMENT IS VOIDABLE BY
1136      BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO
1137      CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
1138      HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
1139      BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR-
1140      PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
1141      IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
1142      THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
1143      718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
1144      COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
1145      RESERVE STUDY DESCRIBED IN SECTIONS 718.103(27) 718.103(26) AND
1146      718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
1147      WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
1148      MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15
1149      DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
1150      THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
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1151      SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
1152      SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
1153      INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),
1154      FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST RECENT
1155      STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
1156      718.103(27) 718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF
1157      REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL
1158      TERMINATE AT CLOSING.
1159
1160      A contract that does not conform to the requirements of this
1161      paragraph is voidable at the option of the purchaser before
1162      closing.
1163  (2)     NONDEVELOPER DISCLOSURE.—
1164  (e)     If the association is required to have completed a
1165      milestone inspection as described in s. 553.899, a turnover
1166      inspection report for a turnover inspection performed on or
1167      after July 1, 2023, or a structural integrity reserve study, and
1168      the association has not completed the milestone inspection, the
1169      turnover inspection report, or the structural integrity reserve
1170      study, each contract entered into after December 31, 2024, for
1171      the sale of a residential unit shall contain in conspicuous type
1172      a statement indicating that the association is required to have
1173      a milestone inspection, a turnover inspection report, or a
1174      structural integrity reserve study and has not completed such
1175      inspection, report, or study, as appropriate. If the association
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1176      is not required to have a milestone inspection as described in
1177      s. 553.899 or a structural integrity reserve study, each
1178      contract entered into after December 31, 2024, for the sale of a
1179      residential unit shall contain in conspicuous type a statement
1180      indicating that the association is not required to have a
1181      milestone inspection or a structural integrity reserve study, as
1182      appropriate. If the association has completed a milestone
1183      inspection as described in s. 553.899, a turnover inspection
1184      report for a turnover inspection performed on or after July 1,
1185      2023, or a structural integrity reserve study, each contract
1186      entered into after December 31, 2024, for the resale of a
1187      residential unit shall contain in conspicuous type:
1188  1.      A clause which states: THE BUYER HEREBY ACKNOWLEDGES
1189      THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR-
1190      PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
1191      IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
1192      THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
1193      718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
1194      COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
1195      RESERVE STUDY DESCRIBED IN SECTIONS 718.103(27) 718.103(26) AND
1196      718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 7
1197      DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
1198      EXECUTION OF THIS CONTRACT; and
1199  2.      A clause which states: THIS AGREEMENT IS VOIDABLE BY
1200      BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO
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1201      CANCEL WITHIN 7 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
1202      HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
1203      BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR-
1204      PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
1205      IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
1206      THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
1207      718.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
1208      COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
1209      RESERVE STUDY DESCRIBED IN SECTIONS 718.103(27) 718.103(26) AND
1210      718.112(2)(g), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
1211      WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
1212      MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 7
1213      DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
1214      THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
1215      SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
1216      SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
1217      INSPECTION REPORT DESCRIBED IN SECTION 718.301(4)(p) AND (q),
1218      FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST RECENT
1219      STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
1220      718.103(27) 718.103(26) AND 718.112(2)(g), FLORIDA STATUTES, IF
1221      REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL
1222      TERMINATE AT CLOSING.
1223
1224      A contract that does not conform to the requirements of this
1225      paragraph is voidable at the option of the purchaser before
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1226      closing.
1227  Section 16.  Paragraph (d) of subsection (1) and paragraph
1228      (d) of subsection (2) of section 719.503, Florida Statutes, are
1229      amended to read:
1230  719.503     Disclosure prior to sale.—
1231  (1)     DEVELOPER DISCLOSURE.—
1232  (d)     Milestone inspection, turnover inspection report, or
1233      structural integrity reserve study.—If the association is
1234      required to have completed a milestone inspection as described
1235      in s. 553.899, a turnover inspection report for a turnover
1236      inspection performed on or after July 1, 2023, or a structural
1237      integrity reserve study, and the association has not completed
1238      the milestone inspection, the turnover inspection report, or the
1239      structural integrity reserve study, each contract entered into
1240      after December 31, 2024, for the sale of a residential unit
1241      shall contain in conspicuous type a statement indicating that
1242      the association is required to have a milestone inspection, a
1243      turnover inspection report, or a structural integrity reserve
1244      study and has not completed such inspection, report, or study,
1245      as appropriate. If the association is not required to have a
1246      milestone inspection as described in s. 553.899 or a structural
1247      integrity reserve study, each contract entered into after
1248      December 31, 2024, for the sale of a residential unit shall
1249      contain in conspicuous type a statement indicating that the
1250      association is not required to have a milestone inspection or a
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1251      structural integrity reserve study, as appropriate. If the
1252      association has completed a milestone inspection as described in
1253      s. 553.899, a turnover inspection report for a turnover
1254      inspection performed on or after July 1, 2023, or a structural
1255      integrity reserve study, each contract entered into after
1256      December 31, 2024, for the sale of a residential unit shall
1257      contain in conspicuous type:
1258  1.      A clause which states: THE BUYER HEREBY ACKNOWLEDGES
1259      THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR-
1260      PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
1261      IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
1262      THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
1263      719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
1264      COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
1265      RESERVE STUDY DESCRIBED IN SECTIONS 719.103(25) 719.103(24) AND
1266      719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 15
1267      DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
1268      EXECUTION OF THIS CONTRACT; and
1269  2.      A clause which states: THIS AGREEMENT IS VOIDABLE BY
1270      BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO
1271      CANCEL WITHIN 15 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
1272      HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
1273      BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR-
1274      PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
1275      IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
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1276      THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
1277      719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
1278      COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
1279      RESERVE STUDY DESCRIBED IN SECTIONS 719.103(25) 719.103(24) AND
1280      719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
1281      WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
1282      MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 15
1283      DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
1284      THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
1285      SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
1286      SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
1287      INSPECTION REPORT DESCRIBED IN SECTION 719.301(4)(p) AND (q),
1288      FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST RECENT
1289      STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
1290      719.103(25) 719.103(24) AND 719.106(1)(k), FLORIDA STATUTES, IF
1291      REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL
1292      TERMINATE AT CLOSING.
1293
1294      A contract that does not conform to the requirements of this
1295      paragraph is voidable at the option of the purchaser before
1296      closing.
1297  (2)     NONDEVELOPER DISCLOSURE.—
1298  (d)     If the association is required to have completed a
1299      milestone inspection as described in s. 553.899, a turnover
1300      inspection report for a turnover inspection performed on or
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1301      after July 1, 2023, or a structural integrity reserve study, and
1302      the association has not completed the milestone inspection, the
1303      turnover inspection report, or the structural integrity reserve
1304      study, each contract entered into after December 31, 2024, for
1305      the sale of a residential unit shall contain in conspicuous type
1306      a statement indicating that the association is required to have
1307      a milestone inspection, a turnover inspection report, or a
1308      structural integrity reserve study and has not completed such
1309      inspection, report, or study, as appropriate. If the association
1310      is not required to have a milestone inspection as described in
1311      s. 553.899 or a structural integrity reserve study, each
1312      contract entered into after December 31, 2024, for the sale of a
1313      residential unit shall contain in conspicuous type a statement
1314      indicating that the association is not required to have a
1315      milestone inspection or a structural integrity reserve study, as
1316      appropriate. If the association has completed a milestone
1317      inspection as described in s. 553.899, a turnover inspection
1318      report for a turnover inspection performed on or after July 1,
1319      2023, or a structural integrity reserve study, each contract
1320      entered into after December 31, 2024, for the resale of a
1321      residential unit shall contain in conspicuous type:
1322  1.      A clause which states: THE BUYER HEREBY ACKNOWLEDGES
1323      THAT BUYER HAS BEEN PROVIDED A CURRENT COPY OF THE INSPECTOR-
1324      PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
1325      IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
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1326      THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
1327      719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
1328      COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
1329      RESERVE STUDY DESCRIBED IN SECTIONS 719.103(25) 719.103(24) AND
1330      719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE, MORE THAN 7
1331      DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, BEFORE
1332      EXECUTION OF THIS CONTRACT; and
1333  2.      A clause which states: THIS AGREEMENT IS VOIDABLE BY
1334      BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYER'S INTENTION TO
1335      CANCEL WITHIN 7 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL
1336      HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE
1337      BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE INSPECTOR-
1338      PREPARED SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED
1339      IN SECTION 553.899, FLORIDA STATUTES, IF APPLICABLE; A COPY OF
1340      THE TURNOVER INSPECTION REPORT DESCRIBED IN SECTION
1341      719.301(4)(p) AND (q), FLORIDA STATUTES, IF APPLICABLE; AND A
1342      COPY OF THE ASSOCIATION'S MOST RECENT STRUCTURAL INTEGRITY
1343      RESERVE STUDY DESCRIBED IN SECTIONS 719.103(25) 719.103(24) AND
1344      719.106(1)(k), FLORIDA STATUTES, IF APPLICABLE. ANY PURPORTED
1345      WAIVER OF THESE VOIDABILITY RIGHTS SHALL BE OF NO EFFECT. BUYER
1346      MAY EXTEND THE TIME FOR CLOSING FOR A PERIOD OF NOT MORE THAN 7
1347      DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER
1348      THE BUYER RECEIVES A CURRENT COPY OF THE INSPECTOR-PREPARED
1349      SUMMARY OF THE MILESTONE INSPECTION REPORT AS DESCRIBED IN
1350      SECTION 553.899, FLORIDA STATUTES; A COPY OF THE TURNOVER
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1351      INSPECTION REPORT DESCRIBED IN SECTION 719.301(4)(p) AND (q),
1352      FLORIDA STATUTES; OR A COPY OF THE ASSOCIATION'S MOST RECENT
1353      STRUCTURAL INTEGRITY RESERVE STUDY DESCRIBED IN SECTIONS
1354      719.103(25) 719.103(24) AND 719.106(1)(k), FLORIDA STATUTES, IF
1355      REQUESTED IN WRITING. BUYER'S RIGHT TO VOID THIS AGREEMENT SHALL
1356      TERMINATE AT CLOSING.
1357
1358      A contract that does not conform to the requirements of this
1359      paragraph is voidable at the option of the purchaser before
1360      closing.
1361  Section 17.  Paragraph (d) of subsection (2) of section
1362      720.3085, Florida Statutes, is amended to read:
1363  720.3085        Payment for assessments; lien claims.—
1364  (2)
1365  (d)     An association, or its successor or assignee, that
1366      acquires title to a parcel through the foreclosure of its lien
1367      for assessments is not liable for any unpaid assessments, late
1368      fees, interest, or reasonable attorney's fees and costs that
1369      came due before the association's acquisition of title in favor
1370      of any other association, as defined in s. 718.103 or s.
1371      720.301(10) s. 720.301(9), which holds a superior lien interest
1372      on the parcel. This paragraph is intended to clarify existing
1373      law.
1374  Section 18.  For the purpose of incorporating the amendment
1375      made by this act to section 719.106, Florida Statutes, in a
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1376      reference thereto, section 723.0791, Florida Statutes, is
1377      reenacted to read:
1378  723.0791        Mobile home cooperative homeowners' associations;
1379      elections.—The provisions of s. 719.106(1)(b) notwithstanding,
1380      the election of board members in a mobile home cooperative
1381      homeowners' association may be carried out in the manner
1382      provided for in the bylaws of the association. A mobile home
1383      cooperative is a residential cooperative consisting of real
1384      property to which 10 or more mobile homes are located or are
1385      affixed.
1386  Section 19.  This act shall take effect July 1, 2026.
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                                                                                                        hb1541-00

Defines "audio conference"; revises list of official records that condominium association is required to maintain to include audio conference recordings; revises association meeting requirements & authorizing associations to use audioconferencing, in addition to videoconferencing, or to use both; revises emergency powers of condominium, residential cooperative, & homeowners' associations to include power to conduct meetings & elections via audioconferencing; revises quorum requirements for residential cooperative association meetings to include audioconferencing.

Sponsors

Rep. Wallace Aristide (D) sponsors H 1541 alone.

Committees

H 1541 went before 1 committee: Civil Justice and Claims Subcommittee.

Civil Justice and Claims Subcommittee
Civil Justice and Claims Subcommittee
Referred to · Jan 15, 2026

History

H 1541 has taken 7 actions since Jan 9, 2026, the latest on Mar 13, 2026.

ChamberAction
Mar 13, 2026
House
Died in Civil Justice & Claims Subcommittee
Jan 15, 2026
House
Referred to Civil Justice & Claims Subcommittee
Jan 15, 2026
House
Referred to Housing, Agriculture & Tourism Subcommittee
Jan 15, 2026
House
Referred to Judiciary Committee
Jan 15, 2026
House
Now in Civil Justice & Claims Subcommittee

Votes

H 1541 has not gone to a roll call.

Source: flsenate.gov · legiscan.com