THE BILL ITSELF
CS/SB 822
Community Association Management
Florida Senate - 2026 CS for SB 822 By the Committee on Regulated Industries; and Senators Gruters and Rodriguez 580-02715-26 2026822c1
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A bill to be entitled
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An act relating to community association management;
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amending ss. 718.111, 718.405, 719.106, and 720.303,
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F.S.; requiring certain community associations to
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contract with a community association management firm
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or a community association manager certified by the
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Community Association Managers International
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Certification Board as a Certified Manager of
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Community Associations or by the Community
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Associations Institute as an Association Management
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Specialist or a Professional Community Association
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Manager; requiring the community association
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management firm or certified community association
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manager to possess all applicable licenses; providing
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that association board members, officers, and
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directors have a duty to ensure such community
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association management firm or community association
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manager is properly licensed; requiring that such
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community association managers also be certified;
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providing an effective date.
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Be It Enacted by the Legislature of the State of Florida:
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Section 1. Paragraph (g) of subsection (3) of section
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718.111, Florida Statutes, is amended to read:
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718.111 The association.—
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(3) POWER TO MANAGE CONDOMINIUM PROPERTY AND TO CONTRACT,
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SUE, AND BE SUED; CONFLICT OF INTEREST.—
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(g) If an association contracts with a community
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association manager or a community association management firm,
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the community association manager or community association
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management firm must possess all applicable licenses required by
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part VIII of chapter 468. An association with total annual
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revenues of $750,000 or more and consisting of 100 or more units
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must contract with a community association management firm or a
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community association manager certified by the Community
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Association Managers International Certification Board as a
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Certified Manager of Community Associations or by the Community
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Associations Institute as an Association Management Specialist
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or a Professional Community Association Manager. Each board
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member or officer All board members or officers of an
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association that contracts with a community association manager
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or a community association management firm has have a duty to
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ensure that the community association manager or community
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association management firm is properly licensed and certified
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before entering into a contract.
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Section 2. Subsection (6) is added to section 718.405,
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Florida Statutes, to read:
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718.405 Multicondominiums; multicondominium associations.—
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(6) An association operating a multicondominium with total
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annual revenues of $750,000 or more and consisting of 100 or
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more units must contract with a community association management
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firm or a community association manager certified by the
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Community Association Managers International Certification Board
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as a Certified Manager of Community Associations or by the
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Community Associations Institute as an Association Management
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Specialist or a Professional Community Association Manager. The
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community association manager or community association
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management firm must possess all applicable licenses required by
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part VIII of chapter 468. Each board member or officer of an
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association that contracts with a community association manager
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or a community association management firm has a duty to ensure
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that the community association manager or community association
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management firm is properly licensed and certified before
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entering into a contract.
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Section 3. Paragraph (a) of subsection (1) of section
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719.106, Florida Statutes, is amended to read:
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719.106 Bylaws; cooperative ownership.—
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(1) MANDATORY PROVISIONS.—The bylaws or other cooperative
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documents shall provide for the following, and if they do not,
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they shall be deemed to include the following:
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(a) Administration.—
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1. The form of administration of the association shall be
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described, indicating the titles of the officers and board of
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administration and specifying the powers, duties, manner of
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selection and removal, and compensation, if any, of officers and
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board members. In the absence of such a provision, the board of
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administration shall be composed of five members, unless the
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cooperative has five or fewer units. The board shall be composed
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consist of not fewer than three members in cooperatives with
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five or fewer units that are not-for-profit corporations. In a
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residential cooperative association of more than 10 units, co
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owners of a unit may not serve as members of the board of
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directors at the same time unless the co-owners own more than
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one unit or unless there are not enough eligible candidates to
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fill the vacancies on the board at the time of the vacancy. In
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the absence of provisions to the contrary, the board of
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administration shall have a president, a secretary, and a
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treasurer, who shall perform the duties of those offices
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customarily performed by officers of corporations. Unless
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prohibited in the bylaws, the board of administration may
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appoint other officers and grant them those duties it deems
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appropriate. Unless otherwise provided in the bylaws, the
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officers shall serve without compensation and at the pleasure of
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the board. Unless otherwise provided in the bylaws, the members
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of the board shall serve without compensation.
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2. A person who has been suspended or removed by the
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division under this chapter, or who is delinquent in the payment
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of any monetary obligation due to the association, is not
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eligible to be a candidate for board membership and may not be
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listed on the ballot. A director or officer charged by
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information or indictment with a felony theft or embezzlement
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offense involving the association’s funds or property is
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suspended from office. The board shall fill the vacancy
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according to general law until the end of the period of the
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suspension or the end of the director’s term of office,
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whichever occurs first. However, if the charges are resolved
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without a finding of guilt or without acceptance of a plea of
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guilty or nolo contendere, the director or officer shall be
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reinstated for any remainder of his or her term of office. A
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member who has such criminal charges pending may not be
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appointed or elected to a position as a director or officer. A
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person who has been convicted of any felony in this state or in
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any United States District Court, or who has been convicted of
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any offense in another jurisdiction which would be considered a
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felony if committed in this state, is not eligible for board
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membership unless such felon’s civil rights have been restored
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for at least 5 years as of the date such person seeks election
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to the board. The validity of an action by the board is not
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affected if it is later determined that a board member is
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ineligible for board membership due to having been convicted of
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a felony.
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3. When a unit owner files a written inquiry by certified
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mail with the board of administration, the board shall respond
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in writing to the unit owner within 30 days after of receipt of
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the inquiry. The board’s response shall either give a
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substantive response to the inquirer, notify the inquirer that a
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legal opinion has been requested, or notify the inquirer that
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advice has been requested from the division. If the board
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requests advice from the division, the board shall, within 10
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days after of its receipt of the advice, provide in writing a
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substantive response to the inquirer. If a legal opinion is
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requested, the board shall, within 60 days after the receipt of
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the inquiry, provide in writing a substantive response to the
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inquirer. The failure to provide a substantive response to the
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inquirer as provided herein precludes the board from recovering
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attorney’s fees and costs in any subsequent litigation,
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administrative proceeding, or arbitration arising out of the
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inquiry. The association may, through its board of
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administration, adopt reasonable rules and regulations regarding
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the frequency and manner of responding to the unit owners’
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inquiries, one of which may be that the association is obligated
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to respond to only one written inquiry per unit in any given 30
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day period. In such case, any additional inquiry or inquiries
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must be responded to in the subsequent 30-day period, or
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periods, as applicable.
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4. An association with total annual revenues of $750,000 or
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more and consisting of 100 or more units must contract with a
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community association management firm or a community association
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manager certified by the Community Association Managers
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International Certification Board as a Certified Manager of
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Community Associations or by the Community Associations
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Institute as an Association Management Specialist or a
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Professional Community Association Manager. The community
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association manager or community association management firm
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must possess all applicable licenses required by part VIII of
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chapter 468.
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5. Each board member or officer of an association that
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contracts with a community association manager or a community
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association management firm has a duty to ensure that the
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community association manager or community association
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management firm is properly licensed and certified before
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entering into a contract.
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Section 4. Subsection (1) of section 720.303, Florida
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Statutes, is amended to read:
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720.303 Association powers and duties; meetings of board;
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official records; budgets; financial reporting; association
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funds; recalls.—
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(1) POWERS AND DUTIES.—An association that operates a
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community as defined in s. 720.301 must be operated by an
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association that is a Florida corporation. After October 1,
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1995, the association must be incorporated and the initial
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governing documents must be recorded in the official records of
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the county in which the community is located. An association may
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operate more than one community. An association with total
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annual revenues of $750,000 or more and consisting of 100 or
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more parcels must contract with a community association
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management firm or a community association manager certified by
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the Community Association Managers International Certification
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Board as a Certified Manager of Community Associations or by the
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Community Associations Institute as an Association Management
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Specialist or a Professional Community Association Manager. The
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community association manager or community association
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management firm must possess all applicable licenses required by
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part VIII of chapter 468. The officers and directors of an
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association are subject to s. 617.0830 and have a fiduciary
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relationship to the members who are served by the association.
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Each officer and director of an association that contracts with
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a community association manager or a community association
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management firm has a duty to ensure that the community
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association manager or community association management firm is
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properly licensed and certified before entering into a contract.
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The powers and duties of an association include those set forth
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in this chapter and, except as expressly limited or restricted
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in this chapter, those set forth in the governing documents.
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After control of the association is obtained by members other
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than the developer, the association may institute, maintain,
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settle, or appeal actions or hearings in its name on behalf of
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all members concerning matters of common interest to the
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members, including, but not limited to, the common areas; roof
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or structural components of a building, or other improvements
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for which the association is responsible; mechanical,
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electrical, or plumbing elements serving an improvement or
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building for which the association is responsible;
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representations of the developer pertaining to any existing or
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proposed commonly used facility; and protest of ad valorem taxes
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on commonly used facilities. The association may defend actions
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in eminent domain or bring inverse condemnation actions. Before
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commencing litigation against any party in the name of the
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association involving amounts in controversy in excess of
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$100,000, the association must obtain the affirmative approval
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of a majority of the voting interests at a meeting of the
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membership at which a quorum has been attained. This subsection
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does not limit any statutory or common-law right of any
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individual member or class of members to bring any action
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without participation by the association. A member does not have
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authority to act for the association by virtue of being a
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member. An association may have more than one class of members
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and may issue membership certificates. An association of 15 or
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fewer parcel owners may enforce only the requirements of those
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deed restrictions established prior to the purchase of each
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parcel upon an affected parcel owner or owners.
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Section 5. This act shall take effect January 1, 2027.