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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 />Meetings of the Board of Administration — Condominiums <br />Present Situation <br />Page 24 <br />Section 718.112(2)(c), F.S., requires that all meetings of the board in which a quorum is present <br />to be open to all unit owners. Chapter 718, F.S., provides notice requirements for meetings of the <br />board,62 but does not mandate the frequency of such meetings. <br />If the board considers any special or regular assessment against unit owners, the notice for the <br />meeting must specifically state that the assessments will be considered and provide the estimated <br />cost and description of the purposes for such assessments. <br />Effect of Proposed Changes <br />The bill amends s. 718.112(2)(c), F.S., to: <br />• Require condominium associations of 10 or more units to meet at least once each quarter for <br />the purpose of responding to inquiries from members and informing members on the state of <br />the condominium, including the status of any construction or repair projects, the status of the <br />association's revenue and expenditures during the fiscal year, or other issues affecting the <br />association; and <br />Require associations to include a copy of the proposed contract in the notice of a board <br />meeting, or provide electronic access to the contract on the association's website or through <br />an application on a mobile device, if the notice for a board meeting relates to the approval of <br />a contract. <br />Director and Officer Education — Condominiums <br />Present Situation <br />Section 718.112(2)(d)4.b., F.S., provides education or certification requirements for newly <br />elected or appointed members of the board.63 Within 90 days after being elected or appointed, a <br />new board member for a condominium, cooperative, and homeowners' association must certify <br />that he or she: <br />• Has read the declaration of condominium for all condominiums operated by the association <br />and the declaration of condominium, articles of incorporation, bylaws, and current written <br />policies; <br />• Will work to uphold such documents and policies to the best of his or her ability; and <br />• Will faithfully discharge his or her fiduciary responsibility to the association's members. <br />As an alternative to a written certification, the newly elected or appointed director may submit a <br />certificate of satisfactory completion of the educational curriculum within one year before the <br />election or 90 days after the election or appointment.64 The curriculum must be administered by a <br />bz Section 718.112(2)(c), F.S. <br />63 Sections 719.106(1)(d)b. and 720.720.303(1)(a), F.S., provide comparable post-election certification requirements for <br />newly elected cooperative and homeowners' association board members, respectively. <br />6' The division's Internet site provides a listing of approved educational providers for the certification of board members. See <br />Department of Business and Professional Regulation, Condominium & Cooperatives — Education, available at: <br />http://www.mvfloridalicense.com/DBPR/condominiums-and-cooperatives/education/ (last visited Jan. 13, 2024). <br />334 <br />
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