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disbursement of construction funds, approve the work and all other matters pertaining to the repair and reconstruction.

At any time during reconstruction, or if the insurance proceeds are insufficient to pay the estimated costs, assessments must be made against all unit owners according to their ownership interests set forth in the declaration. Assessments must be made against unit owners for damage to their units according to the cost of reconstruction or repair of their respective units and the assessments must be levied and collected as all other assessments are provided in the Condominium Act. Thus, the cost to repair damage to a unit may be assessed solely against that unit and may be foreclosed as with an assessment foreclosure.

Section 25. Section 718.112, F.S., is amended by the bill as follows:

  • Allow condominium association board members to determine the number of board members if the bylaws are silent, and to require a board member to be a unit owner;

  • Associations would be required to respond to unit owner inquiries using certified mail and provisions in current law that authorize associations to adopt reasonable rules regarding the frequency and manner of responding to unit owner inquiries are deleted;

  • Board action could not be taken on a resolution adopted without an open meeting of the board and the board must address agenda items proposed by a petition of 20 percent of the unit owners, a unit owner’s faxed signature would be sufficient for any matter that requires the signature of a unit owner, correspondence from the board to unit owners must be accomplished by the same delivery method used by the owner, items could be taken up at a board meeting on an emergency basis without being originally included on the agenda pursuant to a petition of 20 percent of the unit owners;

  • If a board meeting is held to consider regular or special assessments, the notice of the meeting must include a description of the nature, cost, and breakdown of any such assessments;

  • The bill deletes provisions authorizing associations to establish alternative election procedures in their bylaws; the only prohibition against eligibility for board membership is conviction of a felony by any court of record in the United States, without the restoration of civil rights;

  • The association, or its representative would continue to carry out the duties related to notice of election; however, an association could no longer use both sides of the paper when printing candidate information sheets. All ballot envelopes would have to be secured in a sealed ballot box immediately upon receipt and could not be opened in advance of the election meeting;

  • Owners would have the right to have items placed on the agenda of the annual meeting and voted upon if a written request is made by 20 percent or more of all voting interests at least 90 days before the date of the annual meeting;

  • The association’s annual budget would have to both include estimated revenues and expenses, the budget from the prior year would remain in effect until the association has adopted the new budget for the current year. In addition, the budget would have to include reserves for structural repairs;

  • Associations would have to include a disclaimer on all ballots involving waiver or reallocation of reserves stating that waiver or reallocation of existing reserves may result in unanticipated special assessments, reserve wavier votes would have to be taken at the annual meeting; the division would be required to promulgate a ballot form for waiving or reducing reserves. The association, after turnover from the developer’s control could use reserves for non-scheduled purposes in the case of a catastrophic event;

STORAGE NAME:

h1373b.JEC.doc

DATE:

4/10/2007

PAGE: 4

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