Reso 2024-3630 - Laserfiche WebLink

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BILL: CS/SB 1178 Page 33 The unit owner must have acted in good faith and not for any improper purposes, such as to harass or cause unnecessary delay, for frivolous purposes, or needless increase in the cost of litigation in order for the unit owner to raise the defense of retaliatory conduct. The bill provides examples of conduct for which a condominium association, officer, director, or agent of an association may not retaliate include, but are not limited to, situations where: • The unit owner has in good faith complained to a governmental agency charged with responsibility for enforcement of a building, housing, or health code of a suspected violation applicable to the condominium; • The unit owner has organized, encouraged, or participated in a unit owners organization; • The unit owner submitted information or filed a complaint alleging criminal violations or violations of this chapter or the rules of the division with the division, the Office of the Condominium Ombudsman, a law enforcement agency, a state attorney, the Attorney General, or any other governmental agency; • The unit owner has exercised his or her rights under ch. 718, F.S.; • The unit owner has complained to the association or any of its representatives for their failure to comply with ch. 718, F.S., or ch. 617, F.S.; or • The unit owner has made public statements critical of the operation or management of the association. The bill allows the unit owner to present evidence of retaliatory conduct as a defense in any action brought against him or her for possession. In addition, the bill prohibits associations from expending association funds in support of a defamation, libel, slander, or tortious interference action against a unit owner or any other claim against a unit owner based on conduct described in the bill. Electronic Voting — Condominiums Present Situation Sections 718.128 and 719.129, F.S., relating to electronic voting in condominium and cooperative associations, respectively, allow these associations to conduct elections and other unit owner votes through an Internet -based online voting system if a unit owner consents, in writing, to online voting and the specified requirements are met, including: • The association provides each unit owner with: o A method to authenticate the unit owner's identity to the online voting system. o For elections of the board, a method to transmit an electronic ballot to the online voting system that ensures the secrecy and integrity of each ballot. o A method to confirm, at least 14 days before the voting deadline, that the unit owner's electronic device can successfully communicate with the online voting system. The association uses an online voting system that is: o Able to authenticate the unit owner's identity. o Able to authenticate the validity of each electronic vote to ensure that the vote is not altered in transit. o Able to transmit a receipt from the online voting system to each unit owner who casts an electronic vote. 343