Florida Senate - 2022 SB 394 By Senator Rodriguez 39-00552-22 2022394__ Page 1 of 18 CODING: Words stricken are deletions; words underlined are additions. A bill to be entitled 1

An act relating to residential associations; amending 2 ss. 718.112, 719.106, and 720.3033, F.S.; revising 3 certification and education requirements for board 4 directors of residential condominium associations, 5 cooperative associations, and homeowners’ 6 associations, respectively; conforming provisions to 7 changes made by the act; providing an effective date. 8 9 Be It Enacted by the Legislature of the State of Florida: 10 11

Section 1. Paragraph (

d) of subsection (2) of

section 12 718.112, Florida Statutes, is amended to read: 13 718.112 Bylaws.— 14

(2) REQUIRED PROVISIONS.—The bylaws shall provide for the 15 following and, if they do not do so, shall be deemed to include 16 the following: 17 (

d) Unit owner meetings.— 18 1. An annual meeting of the unit owners must be held at the 19 location provided in the association bylaws and, if the bylaws 20 are silent as to the location, the meeting must be held within 21 45 miles of the condominium property. However, such distance 22 requirement does not apply to an association governing a 23 timeshare condominium. 24 2. Unless the bylaws provide otherwise, a vacancy on the 25 board caused by the expiration of a director’s term must be 26 filled by electing a new board member, and the election must be 27 by secret ballot. An election is not required if the number of 28 vacancies equals or exceeds the number of candidates. For 29

Florida Senate - 2022 SB 394 39-00552-22 2022394__ Page 2 of 18 CODING: Words stricken are deletions; words underlined are additions. purposes of this paragraph, the term “candidate” means an 30 eligible person who has timely submitted the written notice, as 31 described in sub-subparagraph 4.a., of his or her intention to 32 become a candidate.

Except in a timeshare or nonresidential 33 condominium, or if the staggered term of a board member does not 34 expire until a later annual meeting, or if all members’ terms 35 would otherwise expire but there are no candidates, the terms of 36 all board members expire at the annual meeting, and such members 37 may stand for reelection unless prohibited by the bylaws. Board 38 members may serve terms longer than 1 year if permitted by the 39 bylaws or articles of incorporation.

A board member may not 40 serve more than 8 consecutive years unless approved by an 41 affirmative vote of unit owners representing two-thirds of all 42 votes cast in the election or unless there are not enough 43 eligible candidates to fill the vacancies on the board at the 44 time of the vacancy. Only board service that occurs on or after 45 July 1, 2018, may be used when calculating a board member’s term 46 limit.

If the number of board members whose terms expire at the 47 annual meeting equals or exceeds the number of candidates, the 48 candidates become members of the board effective upon the 49 adjournment of the annual meeting. Unless the bylaws provide 50 otherwise, any remaining vacancies shall be filled by the 51 affirmative vote of the majority of the directors making up the 52 newly constituted board even if the directors constitute less 53 than a quorum or there is only one director.

In a residential 54 condominium association of more than 10 units or in a 55 residential condominium association that does not include 56 timeshare units or timeshare interests, co-owners of a unit may 57 not serve as members of the board of directors at the same time 58

Florida Senate - 2022 SB 394 39-00552-22 2022394__ Page 3 of 18 CODING: Words stricken are deletions; words underlined are additions. unless they own more than one unit or unless there are not 59 enough eligible candidates to fill the vacancies on the board at 60 the time of the vacancy.

A unit owner in a residential 61 condominium desiring to be a candidate for board membership must 62 comply with sub-subparagraph 4.a. and must be eligible to be a 63 candidate to serve on the board of directors at the time of the 64 deadline for submitting a notice of intent to run in order to 65 have his or her name listed as a proper candidate on the ballot 66 or to serve on the board.

A person who has been suspended or 67 removed by the division under this chapter, or who is delinquent 68 in the payment of any assessment due to the association, is not 69 eligible to be a candidate for board membership and may not be 70 listed on the ballot. For purposes of this paragraph, a person 71 is delinquent if a payment is not made by the due date as 72 specifically identified in the declaration of condominium, 73 bylaws, or articles of incorporation.

If a due date is not 74 specifically identified in the declaration of condominium, 75 bylaws, or articles of incorporation, the due date is the first 76 day of the assessment period.

A person who has been convicted of 77 any felony in this state or in a United States District or 78 Territorial Court, or who has been convicted of any offense in 79 another jurisdiction which would be considered a felony if 80 committed in this state, is not eligible for board membership 81 unless such felon’s civil rights have been restored for at least 82 5 years as of the date such person seeks election to the board. 83 The validity of an action by the board is not affected if it is 84 later determined that a board member is ineligible for board 85 membership due to having been convicted of a felony.

This 86 subparagraph does not limit the term of a member of the board of 87

Florida Senate - 2022 SB 394 39-00552-22 2022394__ Page 4 of 18 CODING: Words stricken are deletions; words underlined are additions. a nonresidential or timeshare condominium. 88 3. The bylaws must provide the method of calling meetings 89 of unit owners, including annual meetings.

Written notice of an 90 annual meeting must include an agenda; be mailed, hand 91 delivered, or electronically transmitted to each unit owner at 92 least 14 days before the annual meeting; and be posted in a 93 conspicuous place on the condominium property or association 94 property at least 14 continuous days before the annual meeting. 95 Written notice of a meeting other than an annual meeting must 96 include an agenda; be mailed, hand delivered, or electronically 97 transmitted to each unit owner; and be posted in a conspicuous 98 place on the condominium property or association property within 99 the timeframe specified in the bylaws.

If the bylaws do not 100 specify a timeframe for written notice of a meeting other than 101 an annual meeting, notice must be provided at least 14 102 continuous days before the meeting. Upon notice to the unit 103 owners, the board shall, by duly adopted rule, designate a 104 specific location on the condominium property or association 105 property where all notices of unit owner meetings must be 106 posted. This requirement does not apply if there is no 107 condominium property for posting notices.

In lieu of, or in 108 addition to, the physical posting of meeting notices, the 109 association may, by reasonable rule, adopt a procedure for 110 conspicuously posting and repeatedly broadcasting the notice and 111 the agenda on a closed-circuit cable television system serving 112 the condominium association. However, if broadcast notice is 113 used in lieu of a notice posted physically on the condominium 114 property, the notice and agenda must be broadcast at least four 115 times every broadcast hour of each day that a posted notice is 116

Florida Senate - 2022 SB 394 39-00552-22 2022394__ Page 5 of 18 CODING: Words stricken are deletions; words underlined are additions. otherwise required under this section. If broadcast notice is 117 provided, the notice and agenda must be broadcast in a manner 118 and for a sufficient continuous length of time so as to allow an 119 average reader to observe the notice and read and comprehend the 120 entire content of the notice and the agenda.

In addition to any 121 of the authorized means of providing notice of a meeting of the 122 board, the association may, by rule, adopt a procedure for 123 conspicuously posting the meeting notice and the agenda on a 124 website serving the condominium association for at least the 125 minimum period of time for which a notice of a meeting is also 126 required to be physically posted on the condominium property. 127 Any rule adopted shall, in addition to other matters, include a 128 requirement that the association send an electronic notice in 129 the same manner as a notice for a meeting of the members, which 130 must include a hyperlink to the website where the notice is 131 posted, to unit owners whose e-mail addresses are included in 132 the association’s official records.

Unless a unit owner waives 133 in writing the right to receive notice of the annual meeting, 134 such notice must be hand delivered, mailed, or electronically 135 transmitted to each unit owner. Notice for meetings and notice 136 for all other purposes must be mailed to each unit owner at the 137 address last furnished to the association by the unit owner, or 138 hand delivered to each unit owner.

However, if a unit is owned 139 by more than one person, the association must provide notice to 140 the address that the developer identifies for that purpose and 141 thereafter as one or more of the owners of the unit advise the 142 association in writing, or if no address is given or the owners 143 of the unit do not agree, to the address provided on the deed of 144 record. An officer of the association, or the manager or other 145

Florida Senate - 2022 SB 394 39-00552-22 2022394__ Page 6 of 18 CODING: Words stricken are deletions; words underlined are additions. person providing notice of the association meeting, must provide 146 an affidavit or United States Postal Service certificate of 147 mailing, to be included in the official records of the 148 association affirming that the notice was mailed or hand 149 delivered in accordance with this provision. 150 4. The members of the board of a residential condominium 151 shall be elected by written ballot or voting machine.

Proxies 152 may not be used in electing the board in general elections or 153 elections to fill vacancies caused by recall, resignation, or 154 otherwise, unless otherwise provided in this chapter. This 155 subparagraph does not apply to an association governing a 156 timeshare condominium. 157 a.

At least 60 days before a scheduled election, the 158 association shall mail, deliver, or electronically transmit, by 159 separate association mailing or included in another association 160 mailing, delivery, or transmission, including regularly 161 published newsletters, to each unit owner entitled to a vote, a 162 first notice of the date of the election.

A unit owner or other 163 eligible person desiring to be a candidate for the board must 164 give written notice of his or her intent to be a candidate to 165 the association at least 40 days before a scheduled election. 166 Together with the written notice and agenda as set forth in 167 subparagraph 3., the association shall mail, deliver, or 168 electronically transmit a second notice of the election to all 169 unit owners entitled to vote, together with a ballot that lists 170 all candidates not less than 14 days or more than 34 days before 171 the date of the election.

Upon request of a candidate, an 172 information sheet, no larger than 8 1/2 inches by 11 inches, 173 which must be furnished by the candidate at least 35 days before 174

Florida Senate - 2022 SB 394 39-00552-22 2022394__ Page 7 of 18 CODING: Words stricken are deletions; words underlined are additions. the election, must be included with the mailing, delivery, or 175 transmission of the ballot, with the costs of mailing, delivery, 176 or electronic transmission and copying to be borne by the 177 association. The association is not liable for the contents of 178 the information sheets prepared by the candidates. In order to 179 reduce costs, the association may print or duplicate the 180 information sheets on both sides of the paper.

The division 181 shall by rule establish voting procedures consistent with this 182 sub-subparagraph, including rules establishing procedures for 183 giving notice by electronic transmission and rules providing for 184 the secrecy of ballots. Elections shall be decided by a 185 plurality of ballots cast. There is no quorum requirement; 186 however, at least 20 percent of the eligible voters must cast a 187 ballot in order to have a valid election. A unit owner may not 188 authorize any other person to vote his or her ballot, and any 189 ballots improperly cast are invalid.

A unit owner who violates 190 this provision may be fined by the association in accordance 191 with s. 718.303. A unit owner who needs assistance in casting 192 the ballot for the reasons stated in s. 101.051 may obtain such 193 assistance. The regular election must occur on the date of the 194 annual meeting. Notwithstanding this sub-subparagraph, an 195 election is not required unless more candidates file notices of 196 intent to run or are nominated than board vacancies exist. 197 b.

Within 90 days after being elected or appointed to the 198 board of an association of a residential condominium, each newly 199 elected or appointed director shall do both of the following: 200 (

I) Certify by affidavit in writing to the secretary of the 201 association that he or she has read the association’s 202 declaration of condominium, articles of incorporation, bylaws, 203

Florida Senate - 2022 SB 394 39-00552-22 2022394__ Page 8 of 18 CODING: Words stricken are deletions; words underlined are additions. and current written policies; that he or she will work to uphold 204 such documents and policies to the best of his or her ability; 205 and that he or she will faithfully discharge his or her 206 fiduciary responsibility to the association’s members.

In lieu 207 of this written certification, within 90 days after being 208 elected or appointed to the board, the newly elected or 209 appointed director may 210 (II) Submit a certificate of having satisfactorily 211 completed the educational curriculum administered by a division-212 approved condominium education provider within 1 year before or 213 90 days after the date of election or appointment.

The affidavit 214 and written certification or educational certificate is valid 215 and does not have to be resubmitted as long as the director 216 serves on the board without interruption. 217 218 A director of an association of a residential condominium who 219 fails to timely file the affidavit and written certification or 220 educational certificate is suspended from service on the board 221 until he or she complies with this sub-subparagraph. The board 222 may temporarily fill the vacancy during the period of 223 suspension.

The secretary shall require cause the association to 224 retain a director’s affidavit and written certification or 225 educational certificate for inspection by the members for 5 226 years after a director’s election or the duration of the 227 director’s uninterrupted tenure, whichever is longer. Failure to 228 have such affidavit and written certification or educational 229 certificate on file does not affect the validity of any board 230 action. 231 c. Any challenge to the election process must be commenced 232

Florida Senate - 2022 SB 394 39-00552-22 2022394__ Page 9 of 18 CODING: Words stricken are deletions; words underlined are additions. within 60 days after the election results are announced. 233 5. Any approval by unit owners called for by this

chapter 234 or the applicable declaration or bylaws, including, but not 235 limited to, the approval requirement in s. 718.111(8), must be 236 made at a duly noticed meeting of unit owners and is subject to 237 all requirements of this

chapter or the applicable condominium 238 documents relating to unit owner decisionmaking, except that 239 unit owners may take action by written agreement, without 240 meetings, on matters for which action by written agreement 241 without meetings is expressly allowed by the applicable bylaws 242 or declaration or any law that provides for such action. 243 6.

Unit owners may waive notice of specific meetings if 244 allowed by the applicable bylaws or declaration or any law. 245 Notice of meetings of the board of administration, unit owner 246 meetings, except unit owner meetings called to recall board 247 members under paragraph (j), and committee meetings may be given 248 by electronic transmission to unit owners who consent to receive 249 notice by electronic transmission.

A unit owner who consents to 250 receiving notices by electronic transmission is solely 251 responsible for removing or bypassing filters that block receipt 252 of mass e-mails sent to members on behalf of the association in 253 the course of giving electronic notices. 254 7. Unit owners have the right to participate in meetings of 255 unit owners with reference to all designated agenda items. 256 However, the association may adopt reasonable rules governing 257 the frequency, duration, and manner of unit owner participation. 258 8.

A unit owner may tape record or videotape a meeting of 259 the unit owners subject to reasonable rules adopted by the 260 division. 261

Florida Senate - 2022 SB 394 39-00552-22 2022394__ Page 10 of 18 CODING: Words stricken are deletions; words underlined are additions. 9. Unless otherwise provided in the bylaws, any vacancy 262 occurring on the board before the expiration of a term may be 263 filled by the affirmative vote of the majority of the remaining 264 directors, even if the remaining directors constitute less than 265 a quorum, or by the sole remaining director.

In the alternative, 266 a board may hold an election to fill the vacancy, in which case 267 the election procedures must conform to sub-subparagraph 4.a. 268 unless the association governs 10 units or fewer and has opted 269 out of the statutory election process, in which case the bylaws 270 of the association control. Unless otherwise provided in the 271 bylaws, a board member appointed or elected under this

section 272 shall fill the vacancy for the unexpired term of the seat being 273 filled. Filling vacancies created by recall is governed by 274 paragraph (

j) and rules adopted by the division. 275 10. This

chapter does not limit the use of general or 276 limited proxies, require the use of general or limited proxies, 277 or require the use of a written ballot or voting machine for any 278 agenda item or election at any meeting of a timeshare 279 condominium association or nonresidential condominium 280 association. 281 282 Notwithstanding subparagraph (b)2. and sub-subparagraph 4.a., an 283 association of 10 or fewer units may, by affirmative vote of a 284 majority of the total voting interests, provide for different 285 voting and election procedures in its bylaws, which may be by a 286 proxy specifically delineating the different voting and election 287 procedures.

The different voting and election procedures may 288 provide for elections to be conducted by limited or general 289 proxy. 290

Florida Senate - 2022 SB 394 39-00552-22 2022394__ Page 11 of 18 CODING: Words stricken are deletions; words underlined are additions.

Section 2. Paragraph (

d) of subsection (1) of

section 291 719.106, Florida Statutes, is amended to read: 292 719.106 Bylaws; cooperative ownership.— 293

(1) MANDATORY PROVISIONS.—The bylaws or other cooperative 294 documents shall provide for the following, and if they do not, 295 they shall be deemed to include the following: 296 (

d) Shareholder meetings.—There shall be an annual meeting 297 of the shareholders. All members of the board of administration 298 shall be elected at the annual meeting unless the bylaws provide 299 for staggered election terms or for their election at another 300 meeting. Any unit owner desiring to be a candidate for board 301 membership must comply with subparagraph 1. The bylaws must 302 provide the method for calling meetings, including annual 303 meetings.

Written notice, which must incorporate an 304 identification of agenda items, shall be given to each unit 305 owner at least 14 days before the annual meeting and posted in a 306 conspicuous place on the cooperative property at least 14 307 continuous days preceding the annual meeting. Upon notice to the 308 unit owners, the board must by duly adopted rule designate a 309 specific location on the cooperative property upon which all 310 notice of unit owner meetings are posted.

In lieu of or in 311 addition to the physical posting of the meeting notice, the 312 association may, by reasonable rule, adopt a procedure for 313 conspicuously posting and repeatedly broadcasting the notice and 314 the agenda on a closed-circuit cable television system serving 315 the cooperative association. However, if broadcast notice is 316 used in lieu of a posted notice, the notice and agenda must be 317 broadcast at least four times every broadcast hour of each day 318 that a posted notice is otherwise required under this section. 319

Florida Senate - 2022 SB 394 39-00552-22 2022394__ Page 12 of 18 CODING: Words stricken are deletions; words underlined are additions.

If broadcast notice is provided, the notice and agenda must be 320 broadcast in a manner and for a sufficient continuous length of 321 time to allow an average reader to observe the notice and read 322 and comprehend the entire content of the notice and the agenda. 323 In addition to any of the authorized means of providing notice 324 of a meeting of the shareholders, the association may, by rule, 325 adopt a procedure for conspicuously posting the meeting notice 326 and the agenda on a website serving the cooperative association 327 for at least the minimum period of time for which a notice of a 328 meeting is also required to be physically posted on the 329 cooperative property.

Any rule adopted shall, in addition to 330 other matters, include a requirement that the association send 331 an electronic notice in the same manner as a notice for a 332 meeting of the members, which must include a hyperlink to the 333 website where the notice is posted, to unit owners whose e-mail 334 addresses are included in the association’s official records. 335 Unless a unit owner waives in writing the right to receive 336 notice of the annual meeting, the notice of the annual meeting 337 must be sent by mail, hand delivered, or electronically 338 transmitted to each unit owner.

An officer of the association 339 must provide an affidavit or United States Postal Service 340 certificate of mailing, to be included in the official records 341 of the association, affirming that notices of the association 342 meeting were mailed, hand delivered, or electronically 343 transmitted, in accordance with this provision, to each unit 344 owner at the address last furnished to the association. 345 1. The board of administration shall be elected by written 346 ballot or voting machine. A proxy may not be used in electing 347 the board of administration in general elections or elections to 348

Florida Senate - 2022 SB 394 39-00552-22 2022394__ Page 13 of 18 CODING: Words stricken are deletions; words underlined are additions. fill vacancies caused by recall, resignation, or otherwise 349 unless otherwise provided in this chapter. 350 a.

At least 60 days before a scheduled election, the 351 association shall mail, deliver, or transmit, whether by 352 separate association mailing, delivery, or electronic 353 transmission or included in another association mailing, 354 delivery, or electronic transmission, including regularly 355 published newsletters, to each unit owner entitled to vote, a 356 first notice of the date of the election. Any unit owner or 357 other eligible person desiring to be a candidate for the board 358 of administration must give written notice to the association at 359 least 40 days before a scheduled election.

Together with the 360 written notice and agenda as set forth in this section, the 361 association shall mail, deliver, or electronically transmit a 362 second notice of election to all unit owners entitled to vote, 363 together with a ballot that lists all candidates.

Upon request 364 of a candidate, the association shall include an information 365 sheet, no larger than 8 1/2 inches by 11 inches, which must be 366 furnished by the candidate at least 35 days before the election, 367 to be included with the mailing, delivery, or electronic 368 transmission of the ballot, with the costs of mailing, delivery, 369 or transmission and copying to be borne by the association. The 370 association is not liable for the contents of the information 371 sheets provided by the candidates.

In order to reduce costs, the 372 association may print or duplicate the information sheets on 373 both sides of the paper. The division shall by rule establish 374 voting procedures consistent with this subparagraph, including 375 rules establishing procedures for giving notice by electronic 376 transmission and rules providing for the secrecy of ballots. 377

Florida Senate - 2022 SB 394 39-00552-22 2022394__ Page 14 of 18 CODING: Words stricken are deletions; words underlined are additions. Elections shall be decided by a plurality of those ballots cast. 378 There is no quorum requirement. However, at least 20 percent of 379 the eligible voters must cast a ballot in order to have a valid 380 election. A unit owner may not permit any other person to vote 381 his or her ballot, and any such ballots improperly cast are 382 invalid.

A unit owner who needs assistance in casting the ballot 383 for the reasons stated in s. 101.051 may obtain assistance in 384 casting the ballot. Any unit owner violating this provision may 385 be fined by the association in accordance with s. 719.303. The 386 regular election must occur on the date of the annual meeting. 387 This subparagraph does not apply to timeshare cooperatives. 388 Notwithstanding this subparagraph, an election and balloting are 389 not required unless more candidates file a notice of intent to 390 run or are nominated than vacancies exist on the board.

Any 391 challenge to the election process must be commenced within 60 392 days after the election results are announced. 393 b. Within 90 days after being elected or appointed to the 394 board, each new director shall do both of the following: 395 (

I) Certify by affidavit in writing to the secretary of the 396 association that he or she has read the association’s bylaws, 397 articles of incorporation, proprietary lease, and current 398 written policies; that he or she will work to uphold such 399 documents and policies to the best of his or her ability; and 400 that he or she will faithfully discharge his or her fiduciary 401 responsibility to the association’s members. Within 90 days 402 after being elected or appointed to the board, in lieu of this 403 written certification, the newly elected or appointed director 404 may 405 (II) Submit a certificate of having satisfactorily 406

Florida Senate - 2022 SB 394 39-00552-22 2022394__ Page 15 of 18 CODING: Words stricken are deletions; words underlined are additions. completed the educational curriculum administered by an 407 education provider as approved by the division pursuant to the 408 requirements established in

chapter 718 within 1 year before or 409 90 days after the date of election or appointment. The 410 educational certificate is valid and does not have to be 411 resubmitted as long as the director serves on the board without 412 interruption. 413 414 A director who fails to timely file the affidavit and written 415 certification or educational certificate is suspended from 416 service on the board until he or she complies with this sub-417 subparagraph. The board may temporarily fill the vacancy during 418 the period of suspension.

The secretary of the association shall 419 require cause the association to retain a director’s affidavit 420 and written certification or educational certificate for 421 inspection by the members for 5 years after a director’s 422 election or the duration of the director’s uninterrupted tenure, 423 whichever is longer. Failure to have such affidavit and written 424 certification or educational certificate on file does not affect 425 the validity of any board action. 426 2.

Any approval by unit owners called for by this chapter, 427 or the applicable cooperative documents, must be made at a duly 428 noticed meeting of unit owners and is subject to this

chapter or 429 the applicable cooperative documents relating to unit owner 430 decisionmaking, except that unit owners may take action by 431 written agreement, without meetings, on matters for which action 432 by written agreement without meetings is expressly allowed by 433 the applicable cooperative documents or law which provides for 434 the unit owner action. 435

Florida Senate - 2022 SB 394 39-00552-22 2022394__ Page 16 of 18 CODING: Words stricken are deletions; words underlined are additions. 3. Unit owners may waive notice of specific meetings if 436 allowed by the applicable cooperative documents or law. Notice 437 of meetings of the board of administration, shareholder 438 meetings, except shareholder meetings called to recall board 439 members under paragraph (f), and committee meetings may be given 440 by electronic transmission to unit owners who consent to receive 441 notice by electronic transmission.

A unit owner who consents to 442 receiving notices by electronic transmission is solely 443 responsible for removing or bypassing filters that may block 444 receipt of mass emails sent to members on behalf of the 445 association in the course of giving electronic notices. 446 4. Unit owners have the right to participate in meetings of 447 unit owners with reference to all designated agenda items. 448 However, the association may adopt reasonable rules governing 449 the frequency, duration, and manner of unit owner participation. 450 5.

Any unit owner may tape record or videotape meetings of 451 the unit owners subject to reasonable rules adopted by the 452 division. 453 6. Unless otherwise provided in the bylaws, a vacancy 454 occurring on the board before the expiration of a term may be 455 filled by the affirmative vote of the majority of the remaining 456 directors, even if the remaining directors constitute less than 457 a quorum, or by the sole remaining director.

In the alternative, 458 a board may hold an election to fill the vacancy, in which case 459 the election procedures must conform to the requirements of 460 subparagraph 1. unless the association has opted out of the 461 statutory election process, in which case the bylaws of the 462 association control. Unless otherwise provided in the bylaws, a 463 board member appointed or elected under this subparagraph shall 464

Florida Senate - 2022 SB 394 39-00552-22 2022394__ Page 17 of 18 CODING: Words stricken are deletions; words underlined are additions. fill the vacancy for the unexpired term of the seat being 465 filled. Filling vacancies created by recall is governed by 466 paragraph (

f) and rules adopted by the division. 467 468 Notwithstanding subparagraphs (b)2. and (d)1., an association 469 may, by the affirmative vote of a majority of the total voting 470 interests, provide for a different voting and election procedure 471 in its bylaws, which vote may be by a proxy specifically 472 delineating the different voting and election procedures. The 473 different voting and election procedures may provide for 474 elections to be conducted by limited or general proxy. 475

Section 3. Subsection (1) of

section 720.3033, Florida 476 Statutes, is amended to read: 477 720.3033 Officers and directors.— 478 (1)(

a) Within 90 days after being elected or appointed to 479 the board of a homeowners’ association with at least 10 units, 480 each director shall do both of the following: 481 1.

Certify by affidavit in writing to the secretary of the 482 association that he or she has read the association’s 483 declaration of covenants, articles of incorporation, bylaws, and 484 current written rules and policies; that he or she will work to 485 uphold such documents and policies to the best of his or her 486 ability; and that he or she will faithfully discharge his or her 487 fiduciary responsibility to the association’s members. Within 90 488 days after being elected or appointed to the board, in lieu of 489 such written certification, the newly elected or appointed 490 director may 491 2.

Submit a certificate of having satisfactorily completed 492 the educational curriculum administered by a division-approved 493

Florida Senate - 2022 SB 394 39-00552-22 2022394__ Page 18 of 18 CODING: Words stricken are deletions; words underlined are additions. education provider within 1 year before or 90 days after the 494 date of election or appointment. 495 (

b) The affidavit and written certification or educational 496 certificate are is valid for the uninterrupted tenure of the 497 director on the board. A director who does not timely file the 498 affidavit and written certification or educational certificate 499 is shall be suspended from the board until he or she complies 500 with the requirement. The board may temporarily fill the vacancy 501 during the period of suspension. 502 (

c) The association shall retain each director’s affidavit 503 and written certification or educational certificate for 504 inspection by the members for 5 years after the director’s 505 election. However, the failure to have the affidavit and written 506 certification or educational certificate on file does not affect 507 the validity of any board action. 508

Section 4. This act shall take effect July 1, 2022. 509