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Reso 2024-3630
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Reso 2024-3630
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Last modified
2/22/2024 4:44:54 PM
Creation date
2/22/2024 10:43:59 AM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2024-3630
Date (mm/dd/yyyy)
02/15/2024
Description
Expressing Support of FL Senate Bill 1178, relating to Governance of Condo & Cooperative Associations & the practive of Community Assoc Management.
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BILL: CS/SB 1178 <br />Page 18 <br />• Having knowledge of a fraudulent voting activity related to association elections and giving <br />any aid to the offender with intent that the offender avoid or escape detection, arrest, trial, or <br />punishment. <br />The criminal prohibitions in s. 718.112(2)(r), F.S., do not apply to a licensed attorney giving <br />legal advice to a client. <br />Official Records — Condominiums <br />Present Situation <br />Section 718.111(12)(a), F.S., requires a condominium association to maintain various records, <br />including but not limited to, the association's recorded bylaws and amendments to those bylaws, <br />articles of incorporation and amendments to those articles, bills of sale or transfer for <br />association -owned property, accounting records, voting ballots, contracts for work to be <br />performed, and bids. <br />Section 718.111(12)(b), F.S., requires that some of these records (e.g., bylaws and articles of <br />incorporation) be permanently maintained from the inception of the association. All other official <br />records must be maintained within the state for at least seven years, unless otherwise provided by <br />general law. 4' The records must be made available to a unit owner within 45 miles of the <br />condominium property or within the county in which the condominium property is located <br />within 10 working days after receipt of a written request by the board or its designee. An <br />association must make a copy of the records available for inspection or copying by a unit owner <br />on the condominium property or association property or offer the option of making the records <br />available electronically via the Internet or allow the records to be viewed in electronic format on <br />a computer screen and printed upon request. <br />Section 718.111(12)(c)l., F.S., provides that official records of the association are open to <br />inspection by any association member or the authorized representative of such member at all <br />reasonable times. 48 A renter of a unit has a right to inspect and copy the association's bylaws and <br />rules. The failure of an association to provide the records within 10 working days after receipt of <br />a written request creates a rebuttable presumption that the association willfully failed to comply <br />with these requirements. A unit owner who is denied access to official records is entitled to the <br />actual damages or minimum damages for the association's willful failure to comply. The failure <br />to permit inspection entitles any person prevailing in an enforcement action to recover <br />reasonable attorney fees from the person in control of the records who, directly or indirectly, <br />knowingly denied access to the records. <br />Section 718.111(12)(g), F.S., provides that by January 1, 2019, an association managing a <br />condominium with 150 or more units which does not contain timeshare units must post digital <br />copies of specified records on its website. These documents include, but are not limited to: the <br />recorded declaration of condominium of each condominium operated by the association and each <br />47 Section 718.111(12)(b), F.S. <br />as The right to inspect the records includes the right to make or obtain copies, at the reasonable expense, if any, of the <br />member or authorized representative of such member. The association may adopt reasonable rules regarding the frequency, <br />time, location, notice, and manner of record inspections and copying. <br />328 <br />
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