HB 983 — Homeowner's Associations

words underlined are additions.

hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 983 2025 336.125, 558.002, 617.0725, 718.116, and 720.3085, F.S.;

(8) "Financial statements" means a comprehensive report Pageprepared 10in accordance with generally accepted accounting principles which accurately reflects the financial condition and operations of 64the CODING:homeowners' association for a specified reporting period.

At a minimum, this report must include a balance sheet, an income and expense statement, a budget Page 10 of 64 CODING:

hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 preparedcomparison, inand accordancea withcomplete generallyset acceptedof accountingbank principlesstatements whichfor accuratelyall reflectsassociation theaccounts, financialincluding conditioncopies andof operationscheck ofimages thefor homeowners'all associationdisbursements formade aduring specifiedthe reporting period.

At a minimum, this report must include a balance sheet, an income and expense statement, a budget comparison, and a complete set of bank statements for all association accounts, including copies of check images for all disbursements made during the reporting period.

(11)(10) "Member" means a member of an association, and may include, but is not limited to, a parcel owner or an association representing parcel owners or a combination thereof, Pageand 11includes ofany 64person CODING:or entity obligated by the governing documents to pay an assessment to the association or amenity fee.

Section 2.

Subsections (1) and (2) and paragraph (b) of subsection (3) of section 720.302, Florida Statutes, are amended Page 11 of 64 CODING:

hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 and includes any person or entity obligated by the governing documents to payread: an assessment to the association or amenity fee.

Section 2.

Subsections (1) and (2) and paragraph (b) of subsection (3) of section 720.302, Florida Statutes, are amended to read:

(2)(a) The Legislature recognizes that it is not in the best interest of homeowners' associations or the individual Pageassociation 12members thereof to create or impose a bureau or other agency of 64state CODING:government to regulate the affairs of homeowners' associations.

However, in accordance with s.

720.311, the Legislature finds that homeowners' associations and their individual members will benefit from an expedited Page 12 of 64 CODING:

hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 associationalternative membersprocess thereoffor toresolution createof orelection imposeand arecall bureaudisputes orand otherpresuit agencymediation of stateother governmentdisputes toinvolving regulatecovenant enforcement and authorizes the affairsdepartment ofto homeowners'hear, associations.administer, and determine these disputes as more fully set forth in this chapter.

However, in accordance with s.

720.311, the Legislature finds that homeowners' associations and their individual members will benefit from an expedited alternative process for resolution of election and recall disputes and presuit mediation of other disputes involving covenant enforcement and authorizes the department to hear, administer, and determine these disputes as more fully set forth in this chapter.

Upon receipt of a petition of 10 percent of the total voting interests in the homeowners' association or eight members, whichever is greater, the ombudsman shall appoint a Pagedivision 13employee, ofa 64person CODING:specializing in election monitoring, or an attorney licensed to practice in this state as the election monitor.

All costs associated with the election monitoring process must be borne by the association.

The division shall adopt rules establishing procedures for the Page 13 of 64 CODING:

hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 divisionappointment employee,of asuch personmonitors, specializingincluding inthe electionscope monitoring,and orextent anof attorneythe licensedmonitors' torole practice in this state as the election monitor.process.

All costs associated with the election monitoring process must be borne by the association.

The division shall adopt rules establishing procedures for the appointment of such monitors, including the scope and extent of the monitors' role in the election process.

recalls.— Page(4) 14OFFICIAL ofRECORDS.— 64(b)1. CODING:

By January 1, 2025, an association that has 100 or more parcels shall post the following documents on its website or make available such documents through an application that can be downloaded on a mobile device:

Page 14 of 64 CODING:

hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 (4)a. OFFICIAL RECORDS.— (b)1.

By January 1, 2025, an association that has 100 or more parcels shall post the following documents on its website or make available such documents through an application that can be downloaded on a mobile device:

a.

Page720.3033(1)(a). 15 of 64 CODING:

j.

All contracts or transactions between the association and any director, officer, corporation, firm, or association that is not an affiliated homeowners' association or any other entity in which a director of an association is also a director Page 15 of 64 CODING:

hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 720.3033(1)(a).or an officer and has a financial interest.

j.

All contracts or transactions between the association and any director, officer, corporation, firm, or association that is not an affiliated homeowners' association or any other entity in which a director of an association is also a director or an officer and has a financial interest.

The association's website or application must be Pageaccessible 16through the Internet and must contain a subpage, web portal, or other protected electronic location that is inaccessible to the general public and accessible only to parcel owners and employees of 64the CODING:association.

3.

Upon written request by a parcel owner, the association Page 16 of 64 CODING:

hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 accessiblemust throughprovide the Internetparcel andowner mustwith contain a subpage,username weband portal,password orand otheraccess protectedto electronicthe locationprotected thatsections isof inaccessible to the generalassociation's publicwebsite andor accessibleapplication onlywhich tocontains parcelthe ownersofficial anddocuments employees of the association.

3.

Upon written request by a parcel owner, the association must provide the parcel owner with a username and password and access to the protected sections of the association's website or application which contains the official documents of the association.

Regardless of any provision to the contrary contained in the governing documents, subject to the provisions Page 17 of 64s. CODING:

720.307 regarding transition of association control, any member of the board of directors may be recalled and removed from office with or without cause by a majority of the total voting interests.

The voting rights of a parcel owner or member may not be suspended when voting on the recall of a board Page 17 of 64 CODING:

hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 director, and any prior suspension of voting rights pursuant to s.

720.307 regarding transition of association control, any member of the board of directors may be recalled and removed from office with or without cause by a majority of the total voting interests.

The voting rights of a parcel owner or member may not be suspended when voting on the recall of a board director, and any prior suspension of voting rights pursuant to s.

At the meeting, the board shall either certify the written ballots or written agreement to recall a director or directors of the board, in which case such director or directors shall be recalled effective immediately and shall turn over to the board within 5 full business days any Pageand 18all records and property of 64the CODING:association in their possession, or proceed as described in paragraph (d).

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hb983-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 983 2025 and all records and property of the association in their possession, or proceed as described in paragraph (d).

When it is determined by the department pursuant to binding arbitration proceedings or the court in an action filed in a court of competent jurisdiction that an initial recallPage effort18 wasof defective,64 writtenCODING: recall agreements or written ballots used in the first recall effort and not found to be defective may be reused in one subsequent recall effort.

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hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 983 2025 recall effort was defective, written recall agreements or written ballots used in the first recall effort and not found to be defective may be reused in one subsequent recall effort.

the person executing the recall instrument may vote for as many replacement candidates as Pagethere 19are ofdirectors 64subject CODING:to the recall.

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words underlined are additions.

hb983-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 983 2025 there are directors subject to the recall.

The board member or members are recalled effective immediately upon the conclusion of the board meeting, provided thatPage the19 recallof is64 faciallyCODING: valid.

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hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 983 2025 that the recall is facially valid.

An association may not enforce a voting certificate requirement if the association has not enforced such requirement Pagein 20all matters in the year immediately preceding service of 64the CODING:recall agreement If the declaration, articles of incorporation, or bylaws specifically provide, the members may also recall and remove a board director or directors by a vote taken at a meeting.

If so provided in the governing documents, a special Page 20 of 64 CODING:

hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 inmeeting allof mattersthe inmembers theto yearrecall immediatelya precedingdirector serviceor directors of the recallboard agreementof Ifadministration themay declaration,be articlescalled by 10 percent of incorporation,the orvoting bylawsinterests specificallygiving provide,notice of the membersmeeting mayas alsorequired recallfor anda removemeeting aof boardmembers, directorand orthe directorsnotice byshall astate votethe takenpurpose atof athe meeting.

If so provided in the governing documents, a special meeting of the members to recall a director or directors of the board of administration may be called by 10 percent of the voting interests giving notice of the meeting as required for a meeting of members, and the notice shall state the purpose of the meeting.

(d) If the board determines not to certify the written agreement or written ballots to recall a director or directors of the board or does not certify the recall by a vote at a meeting, the board shall, within 5 full business days after the meeting, file an action with a court of competent jurisdiction Pageor 21file ofwith 64the CODING:department a petition for binding arbitration under the applicable procedures in ss.

718.112(2)(l) and 718.1255 and the rules adopted thereunder.

For the purposes of this section, the members who voted at the meeting or who executed the agreement in writing shall constitute one party Page 21 of 64 CODING:

hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 orunder file with the department a petition for binding arbitration underor thein applicablea procedurescourt inaction. ss.

718.112(2)(l) and 718.1255 and the rules adopted thereunder.

For the purposes of this section, the members who voted at the meeting or who executed the agreement in writing shall constitute one party under the petition for arbitration or in a court action.

(e)(g) If the board fails to duly notice and hold the required meeting or at the conclusion of the meeting the board determines that the recall is facially invalid fails to file the required petition or action, the parcel owner representative may Pagefile 22a ofpetition 64or CODING:a court action under s.

718.1255 or file an action in a court of competent jurisdiction challenging the board's failure to act or determination that the recall is invalid.

The petition or court action must be filed within 30 60 days after the expiration of the applicable 5-full-business-day Page 22 of 64 CODING:

hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 fileperiod. a petition or a court action under s.

718.1255 or file an action in a court of competent jurisdiction challenging the board's failure to act or determination that the recall is invalid.

The petition or court action must be filed within 30 60 days after the expiration of the applicable 5-full-business-day period.

If the arbitrator or the court determines that the recall was invalid, the arbitrator or the court must immediately reinstate the petitioning board Pagemember 23and ofdeem 64the CODING:recall null and void.

A board member who prevails is entitled to recover reasonable attorney fees and costs from the respondents.

The arbitrator or the court may award reasonable attorney fees and costs to a respondent if they prevail, provided the arbitrator or the court makes a finding Page 23 of 64 CODING:

hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 memberthat and deem the recallpetitioner's nullclaim andis void.frivolous.

A board member who prevails is entitled to recover reasonable attorney fees and costs from the respondents.

The arbitrator or the court may award reasonable attorney fees and costs to a respondent if they prevail, provided the arbitrator or the court makes a finding that the petitioner's claim is frivolous.

720.303(4), or electronically transmitted in a manner authorized by the association if the parcel owner has Pageconsented, 24in ofwriting, 64to CODING:receive notice by electronic transmission.

(8) PROXY VOTING.—The members have the right, unless otherwise provided in this subsection or in the governing documents, to vote in person or by proxy.

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hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 consented,(a) inTo writing,be tovalid, receivea noticeproxy must be dated, must state the date, time, and place of the meeting for which it was given, and must be signed by electronicthe transmission.authorized person who executed the proxy.

(8) PROXY VOTING.—The members have the right, unless otherwise provided in this subsection or in the governing documents, to vote in person or by proxy.

(a) To be valid, a proxy must be dated, must state the date, time, and place of the meeting for which it was given, and must be signed by the authorized person who executed the proxy.

If the eligibility of the member to vote is confirmed and no other Pageballot 25has ofbeen 64submitted CODING:for that lot or parcel, the inner envelope shall be removed from the outer envelope bearing the identification information, placed with the ballots which were personally cast, and opened when the ballots are counted.

If more than one ballot is submitted for a lot or parcel, the Page 25 of 64 CODING:

hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 ballotballots has been submitted for that lot or parcel,parcel the inner envelope shall be removeddisqualified. from the outer envelope bearing the identification information, placed with the ballots which were personally cast, and opened when the ballots are counted.

If more than one ballot is submitted for a lot or parcel, the ballots for that lot or parcel shall be disqualified.

At least 60 days before a scheduled election, the Pageassociation 26must mail, deliver, or electronically transmit, by separate association mailing or included in another association mailing, delivery, or electronic transmission, including regularly published newsletters, to each member entitled to vote a first notice of 64the CODING:date of the election.

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hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 association3. must mail, deliver, or electronically transmit, by separate association mailing or included in another association mailing, delivery, or electronic transmission, including regularly published newsletters, to each member entitled to vote a first notice of the date of the election.

3.

An association is prohibited from using a nominating committee.

A search committee may be used to encourage members of the association to run for board membership;

however, a search committee does not have the authority to nominate candidates for the board.

The association shall bear the costs of mailing, delivering, or electronically Pagetransmitting 27the ofinformation 64sheet. CODING:

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hb983-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 983 2025 transmitting the information sheet.

A member who violates this subparagraph may bePage fined27 byof the64 associationCODING: under s.

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hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 983 2025 be fined by the association under s.

Page(b) 28A member desiring to be a candidate for board membership must be eligible to be a candidate to serve on the board at the time of 64the CODING:mailing, delivery, or electronic transmission of a notice of intent to be a candidate.

Co-owners of a parcel may not serve together as members of the board unless they own more than one parcel, or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy If an election is not required because there are either an equal number or fewer qualified candidates than vacancies exist, and if nominations from the floor are not Page 28 of 64 CODING:

hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 (b)required Apursuant memberto desiringthis tosection beor athe candidatebylaws, forwrite-in boardnominations membershipare mustnot bepermitted eligibleand tosuch bequalified acandidates candidateshall tocommence serveservice on the board at the time of thedirectors, mailing,regardless delivery, or electronic transmission of whether a noticequorum ofis intentattained toat bethe aannual candidate.meeting.

Co-owners of a parcel may not serve together as members of the board unless they own more than one parcel, or unless there are not enough eligible candidates to fill the vacancies on the board at the time of the vacancy If an election is not required because there are either an equal number or fewer qualified candidates than vacancies exist, and if nominations from the floor are not required pursuant to this section or the bylaws, write-in nominations are not permitted and such qualified candidates shall commence service on the board of directors, regardless of whether a quorum is attained at the annual meeting.

(b) A person who is delinquent in the payment of any assessment due to the association is not eligible to be a candidate for board membership any fee, fine, or other monetary obligation to the association on the day that he or she could last nominate himself or herself or be nominated for the board may not seek election to the board, and his or her name may Pageshall 29not ofbe 64listed CODING:on the ballot.

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hb983-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 983 2025 shall not be listed on the ballot.

If a due date is not specifically identified by the declaration, bylaws, or articles ofPage incorporation,29 the due date is the first day of the64 assessmentCODING: period the term "any fee, fine, or other monetary obligation" means any delinquency to the association with respect to any parcel.

A person who has been convicted of any felony in this state or in a United States District or Territorial Court, or has been convicted of any offense in another jurisdiction which would be considered a felony if committed in this state, may not seek election to the board and is not eligible for board membership unless such felon's civil rights have been restored for at least 5 years as of the date on which such person seeks election to the board.

The validity of any action by the board is not affected if it is later determined that a person was ineligible to seek election to the board or that a member of the board is ineligible for board membership.

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hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 (c)of Anyincorporation, electionthe disputedue betweendate ais memberthe andfirst anday associationof mustthe beassessment submittedperiod tothe bindingterm arbitration"any withfee, thefine, division or filedother withmonetary aobligation" courtmeans ofany competentdelinquency jurisdiction.to the association with respect to any parcel.

A person who has been convicted of any felony in this state or in a United States District or Territorial Court, or has been convicted of any offense in another jurisdiction which would be considered a felony if committed in this state, may not seek election to the board and is not eligible for board membership unless such felon's civil rights have been restored for at least 5 years as of the date on which such person seeks election to the board.

The validity of any action by the board is not affected if it is later determined that a person was ineligible to seek election to the board or that a member of the board is ineligible for board membership.

(c) Any election dispute between a member and an association must be submitted to binding arbitration with the division or filed with a court of competent jurisdiction.

(d) Unless otherwise provided in the bylaws, any vacancy occurring on the board before the expiration of a term may be filled by an affirmative vote of the majority of the remaining directors, even if the remaining directors constitute less than aPage quorum,30 orof by64 theCODING: sole remaining director.

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hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 983 2025 a quorum, or by the sole remaining director.

PageSection 315. of 64 CODING:

Section 720.3086, Florida Statutes, is amended to read:

720.3086 Financial report.— (1) In a residential subdivision in which the owners of lots or parcels must pay mandatory maintenance or use amenity fees to the subdivision developer or to the owners of the common areas, recreational facilities, and other properties serving the lots or parcels, the developer or owner of such areas, facilities, or properties shall make public, within 60 days after following the end of each fiscal year, a complete Page 31 of 64 CODING:

hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 Sectionfinancial 5.report of the actual, total receipts of mandatory maintenance or use amenity fees received by it, and an itemized listing of the expenditures made by it from such fees, for that year.

Section 720.3086, Florida Statutes, is amended to read:

720.3086 Financial report.— (1) In a residential subdivision in which the owners of lots or parcels must pay mandatory maintenance or use amenity fees to the subdivision developer or to the owners of the common areas, recreational facilities, and other properties serving the lots or parcels, the developer or owner of such areas, facilities, or properties shall make public, within 60 days after following the end of each fiscal year, a complete financial report of the actual, total receipts of mandatory maintenance or use amenity fees received by it, and an itemized listing of the expenditures made by it from such fees, for that year.

Page(2) 32In a residential subdivision in which a parcel owner must pay amenity dues owed to a private amenities owner, the private amenities owner shall make public, within 60 days after the end of 64each CODING:fiscal year, a complete financial report of the actual, total receipts of amenity dues received by the owner and an itemized list of the expenditures the owner made with respect to operational costs, expenses, or other amounts expended with respect to the operation of the privately-owned recreational amenities for that fiscal year.

The private amenities owner must make the financial report available for inspection upon written Page 32 of 64 CODING:

hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 (2)request Infrom a residential subdivision in which a parcel owner must pay amenity dues owed to a private amenities owner, the private amenities owner shall make public, within 60 days after the endapplicable ofsubdivision. each fiscal year, a complete financial report of the actual, total receipts of amenity dues received by the owner and an itemized list of the expenditures the owner made with respect to operational costs, expenses, or other amounts expended with respect to the operation of the privately-owned recreational amenities for that fiscal year.

The private amenities owner must make the financial report available for inspection upon written request from a parcel owner within the applicable subdivision.

Subsection (1) and paragraphs (a) and (c) of Pagesubsection 33(2) of 64section CODING:720.311, Florida Statutes, are amended, and subsection (3) is added to that section, to read:

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hb983-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 983 2025 subsection (2) of section 720.311, Florida Statutes, are amended, and subsection (3) is added to that section, to read:

720.303(10)Page must33 shall be conducted by the department in accordance with the provisions of ss.64 CODING:

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hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 983 2025 720.303(10) must shall be conducted by the department in accordance with the provisions of ss.

The fees paid to the department shall become a recoverable cost in the arbitration proceeding, and the Pageprevailing 34party ofin 64an CODING:arbitration proceeding shall recover its reasonable costs and attorney fees in an amount found reasonable by the arbitrator.

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words underlined are additions.

hb983-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 983 2025 prevailing party in an arbitration proceeding shall recover its reasonable costs and attorney fees in an amount found reasonable by the arbitrator.

Upon the division or the court rendering a judgment or decree against an association and in favor of a parcel owner, the division or the court shall awardPage to34 theof parcel64 ownerCODING: reasonable attorney fees and costs incurred in the action.

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words underlined are additions.

hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 983 2025 award to the parcel owner reasonable attorney fees and costs incurred in the action.

(2)(a) Disputes between an association and a parcel owner regarding use of or changes to the parcel or the common areas and other covenant enforcement disputes, disputes regarding amendments to the association documents, disputes regarding meetings of the board and committees appointed by the board, membership meetings not including election meetings, and access Pageto 35the official records of 64the CODING:association shall be the subject of a demand for presuit mediation served by an aggrieved party before the dispute is filed in court.

Presuit mediation proceedings must be conducted in accordance with the applicable Florida Rules of Civil Procedure, and these proceedings are privileged and confidential to the same extent as court-ordered mediation.

Disputes subject to presuit mediation under this section shall not include the collection of any assessment, fine, or other financial obligation, including attorney attorney's fees and costs, claimed to be due or any action to Page 35 of 64 CODING:

hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 toenforce the official records of the association shall be the subject of a demandprior for presuit mediation servedsettlement byagreement anbetween aggrieved party before the disputeparties. is filed in court.

Presuit mediation proceedings must be conducted in accordance with the applicable Florida Rules of Civil Procedure, and these proceedings are privileged and confidential to the same extent as court-ordered mediation.

Disputes subject to presuit mediation under this section shall not include the collection of any assessment, fine, or other financial obligation, including attorney attorney's fees and costs, claimed to be due or any action to enforce a prior mediation settlement agreement between the parties.

Persons who are not parties to the dispute may not attend the presuit mediation conference without the consent of all parties, except for counsel for the Pageparties 36and ofa 64corporate CODING:representative designated by the association.

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hb983-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 983 2025 parties and a corporate representative designated by the association.

STATUTORY OFFER TO PARTICIPATE IN PRESUIT MEDIATION ThePage alleged36 aggrieved party, ................, hereby demands that ................, as the responding party, engage in mandatory presuit mediation in connection with the following disputes, which by statute are of a64 typeCODING: that are subject to presuit mediation:

(List specific nature of the dispute or disputes to be mediated and the authority supporting a finding of a violation as to each dispute.) Pursuant to section 720.311, Florida Statutes, this demand to resolve the dispute through presuit mediation is required before a lawsuit can be filed Page 37 of 64 CODING:

hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 concerningThe alleged aggrieved party, ................, hereby demands that ................, as the dispute.responding party, engage in mandatory presuit mediation in connection with the following disputes, which by statute are of a type that are subject to presuit mediation:

(List specific nature of the dispute or disputes to be mediated and the authority supporting a finding of a violation as to each dispute.) Pursuant to section 720.311, Florida Statutes, this demand to resolve the dispute through presuit mediation is required before a lawsuit can be filed concerning the dispute.

The process of mediation involves a supervised negotiationPage process37 in which a trained, neutral third- party mediator meets with both parties and assists them in exploring possible opportunities for resolving part or all of the64 dispute.CODING:

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hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 983 2025 negotiation process in which a trained, neutral third- party mediator meets with both parties and assists them in exploring possible opportunities for resolving part or all of the dispute.

A resolution of one or more Pagedisputes 38in ofthis 64fashion CODING:avoids the need to litigate these issues in court.

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hb983-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 983 2025 disputes in this fashion avoids the need to litigate these issues in court.

ThePage aggrieved38 partyof has64 selectedCODING: and hereby lists five certified mediators who we believe to be neutral and qualified to mediate the dispute.

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hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 983 2025 The aggrieved party has selected and hereby lists five certified mediators who we believe to be neutral and qualified to mediate the dispute.

Other pertinent Pageinformation 39about the background of 64the CODING:mediators may be included as an attachment.) You may contact the offices of these mediators to confirm that the listed mediators will be neutral and will not show any favoritism toward either party.

The Florida Supreme Court can provide you a list of certified mediators.

Unless otherwise agreed by the parties, section Page 39 of 64 CODING:

hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 information720.311(2)(b), aboutFlorida theStatutes, backgroundrequires ofthat the mediatorsparties mayshare be included as an attachment.) 979 You may contact the officescosts of thesepresuit mediatorsmediation toequally, confirmincluding that the listedfee mediatorscharged willby bethe neutralmediator. and will not show any favoritism toward either party.

The Florida Supreme Court can provide you a list of certified mediators.

985 Unless otherwise agreed by the parties, section 720.311(2)(b), Florida Statutes, requires that the parties share the costs of presuit mediation equally, including the fee charged by the mediator.

The aggrieved party hereby agrees to pay or prepay one-half of the mediator's estimated fees and to forward this amount or such other reasonable advance deposits as the Pagemediator 40requires offor 64this CODING:purpose.

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hb983-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 983 2025 mediator requires for this purpose.

995 To begin your participation in presuit mediation to try to resolve the dispute and avoid further legal action, please sign below and clearly indicate which mediator is acceptable to you.

The mediationPage conference40 must be held within ninety (90) days of this64 date,CODING: unless extended by mutual written agreement.

In the event that you fail to respond within 20 days from the date of this letter, or if you fail to agree to at least one of the mediators that we have suggested or to pay or prepay to the mediator one-half of the costs involved, the aggrieved party will be authorized to proceed with the filing of a lawsuit against you without further notice and may seek an award of attorney attorney's fees or costs incurred in attempting to obtain mediation.

Therefore, please give this matter your immediate attention.

By law, your response must be mailed by certified mail, return receipt requested, and by Page 41 of 64 CODING:

hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 first-classmediation mailconference tomust thebe addressheld shownwithin onninety (90) days of this demand.date, unless extended by mutual written agreement.

In the event that you fail to respond within 20 days from the date of this letter, or if you fail to agree to at least one of the mediators that we have suggested or to pay or prepay to the mediator one-half of the costs involved, the aggrieved party will be authorized to proceed with the filing of a lawsuit against you without further notice and may seek an award of attorney attorney's fees or costs incurred in attempting to obtain mediation.

Therefore, please give this matter your immediate attention.

By law, your response must be mailed by certified mail, return receipt requested, and by first-class mail to the address shown on this demand.

AGREEMENT TO MEDIATE ThePage undersigned41 herebyof agrees64 toCODING: participate in presuit mediation and agrees to attend a mediation conducted by the following mediator or mediators who are listed above as someone who would be acceptable to mediate this dispute:

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hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 983 2025 The undersigned hereby agrees to participate in presuit mediation and agrees to attend a mediation conducted by the following mediator or mediators who are listed above as someone who would be acceptable to mediate this dispute:

Signature of responding party #1 Page........................ 42 of 64 CODING:

Telephone contact information ........................

Signature and telephone contact information of responding party #2 (if applicable)(if property is owned by more than one person, all owners must sign) (c) If presuit mediation as described in paragraph (a) is not successful in resolving all issues between the parties, the Page 42 of 64 CODING:

hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 ........................parties may file the unresolved dispute in a court of competent jurisdiction or elect to enter into binding or nonbinding arbitration pursuant to the procedures set forth in s.

Telephone contact information ........................

Signature and telephone contact information of responding party #2 (if applicable)(if property is owned by more than one person, all owners must sign) (c) If presuit mediation as described in paragraph (a) is not successful in resolving all issues between the parties, the parties may file the unresolved dispute in a court of competent jurisdiction or elect to enter into binding or nonbinding arbitration pursuant to the procedures set forth in s.

As to any issue or dispute that is not resolved at presuit mediation, and as to any issue that is settled at presuit mediation but is thereafter subject to an action seeking enforcement of the mediation settlement, the Pageprevailing 43party in any subsequent arbitration or litigation proceeding shall be entitled to seek recovery of 64all CODING:costs and attorney attorney's fees incurred in the presuit mediation process.

(3) Upon the mediator or the court rendering a judgment or decree against an association and in favor of a parcel owner, the mediator or the court shall award to the parcel owner reasonable attorney fees and costs incurred in the action.

Attorney fees or costs relating to an action for the recall of a director may only be awarded as provided in this subsection or Page 43 of 64 CODING:

hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 prevailingas partyawarded inas anya subsequentsanction arbitrationpursuant or litigation proceeding shall be entitled to seeks. recovery of all costs and attorney attorney's fees incurred in the presuit mediation process.

(3) Upon the mediator or the court rendering a judgment or decree against an association and in favor of a parcel owner, the mediator or the court shall award to the parcel owner reasonable attorney fees and costs incurred in the action.

Attorney fees or costs relating to an action for the recall of a director may only be awarded as provided in this subsection or as awarded as a sanction pursuant to s.

Page2. 44 of 64 CODING:

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hb983-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 983 2025 2.

YOU MAY BE OBLIGATED TO PAY SPECIAL ASSESSMENTS TO THE RESPECTIVEPage MUNICIPALITY,44 COUNTY,of OR64 SPECIALCODING: DISTRICT.

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hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 983 2025 RESPECTIVE MUNICIPALITY, COUNTY, OR SPECIAL DISTRICT.

THE STATEMENTS CONTAINED IN THIS DISCLOSURE FORM ARE ONLY SUMMARY IN NATURE, AND, AS A PROSPECTIVE PURCHASER, YOU SHOULD REFER TO THE COVENANTS AND THE ASSOCIATION GOVERNING PageDOCUMENTS 45BEFORE ofPURCHASING 64PROPERTY. CODING:

9.

YOU ACKNOWLEDGE THAT YOU ARE ENTITLED TO RECEIVE A CURRENT COPY OF THE ASSOCIATION'S BYLAWS, ARTICLES OF INCORPORATION, DECLARATION OF RESTRICTIONS, RULES AND REGULATIONS, NOTICES PERTAINING TO SPECIAL ASSESSMENTS, THE MOST RECENT FINANCIAL STATEMENTS, AND THE AGENDAS AND MINUTES FROM ALL ASSOCIATION BOARD MEETINGS THAT TOOK PLACE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EXECUTION OF THE CONTRACT FOR SALE THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY Page 45 of 64 CODING:

hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 DOCUMENTSIS BEFORELOCATED, PURCHASINGOR PROPERTY.ARE NOT RECORDED AND CAN BE OBTAINED FROM THE DEVELOPER.

9.

YOU ACKNOWLEDGE THAT YOU ARE ENTITLED TO RECEIVE A CURRENT COPY OF THE ASSOCIATION'S BYLAWS, ARTICLES OF INCORPORATION, DECLARATION OF RESTRICTIONS, RULES AND REGULATIONS, NOTICES PERTAINING TO SPECIAL ASSESSMENTS, THE MOST RECENT FINANCIAL STATEMENTS, AND THE AGENDAS AND MINUTES FROM ALL ASSOCIATION BOARD MEETINGS THAT TOOK PLACE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EXECUTION OF THE CONTRACT FOR SALE THESE DOCUMENTS ARE EITHER MATTERS OF PUBLIC RECORD AND CAN BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY WHERE THE PROPERTY IS LOCATED, OR ARE NOT RECORDED AND CAN BE OBTAINED FROM THE DEVELOPER.

PageIF 46THE ofDISCLOSURE 64SUMMARY; CODING:

A CURRENT COPY OF THE ASSOCIATION'S BYLAWS, ARTICLES OF INCORPORATION, DECLARATION OF RESTRICTIONS, RULES AND REGULATIONS, NOTICES PERTAINING TO SPECIAL ASSESSMENTS, AND MOST RECENT FINANCIAL STATEMENTS;

AND THE AGENDAS AND MINUTES FROM ALL ASSOCIATION BOARD MEETINGS THAT TOOK PLACE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EXECUTION OF THIS CONTRACT, AS REQUIRED BY SECTION 720.401, FLORIDA STATUTES, HAVE HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY THE PROSPECTIVE PURCHASER BUYER BY DELIVERING TO Page 46 of 64 CODING:

hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 IFTHE SELLER OR THE SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE PROSPECTIVE PURCHASER'S BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER RECEIPT OF SUCH DOCUMENTS OR BEFORE THE DISCLOSURE SUMMARY;SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST.

A CURRENT COPY OF THE ASSOCIATION'S BYLAWS, ARTICLES OF INCORPORATION, DECLARATION OF RESTRICTIONS, RULES AND REGULATIONS, NOTICES PERTAINING TO SPECIAL ASSESSMENTS, AND MOST RECENT FINANCIAL STATEMENTS;

AND THE AGENDAS AND MINUTES FROM ALL ASSOCIATION BOARD MEETINGS THAT TOOK PLACE IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EXECUTION OF THIS CONTRACT, AS REQUIRED BY SECTION 720.401, FLORIDA STATUTES, HAVE HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY THE PROSPECTIVE PURCHASER BUYER BY DELIVERING TO THE SELLER OR THE SELLER'S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE PROSPECTIVE PURCHASER'S BUYER'S INTENTION TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER RECEIPT OF SUCH DOCUMENTS OR BEFORE THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST.

and the agendas and minutes from all association board meetings that took place in the 12 months immediately preceding the execution of a contract are is not provided to a prospective purchaser Pagebefore 47such the purchaser executes a contract for the sale of 64property CODING:governed by covenants that are subject to disclosure pursuant to this section, the prospective purchaser may void the contract by delivering to the seller or the seller's agent or representative written notice canceling the contract within 3 days, excluding Saturdays, Sundays, and legal holidays, after receipt of such documents or before the disclosure summary or prior to closing, whichever occurs first.

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hb983-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 983 2025 before such the purchaser executes a contract for the sale of property governed by covenants that are subject to disclosure pursuant to this section, the prospective purchaser may void the contract by delivering to the seller or the seller's agent or representative written notice canceling the contract within 3 days, excluding Saturdays, Sundays, and legal holidays, after receipt of such documents or before the disclosure summary or prior to closing, whichever occurs first.

For the purpose of incorporating the amendments madePage by47 this act to section 720.306, Florida Statutes, in a reference thereto, paragraph (b) of subsection64 (4)CODING: of section 720.3033, Florida Statutes, is reenacted to read:

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hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 983 2025 made by this act to section 720.306, Florida Statutes, in a reference thereto, paragraph (b) of subsection (4) of section 720.3033, Florida Statutes, is reenacted to read:

However, if the charges are resolved without a finding of guilt or without acceptance of a plea of guilty or nolo contendere, the director or officer shall be reinstated for Pageany 48remainder of 64his CODING:or her term of office.

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hb983-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 983 2025 any remainder of his or her term of office.

parcel owner approval.— (6) A majority of the affected parcel owners must agree in writing to the revived declaration of covenants and governing documents of the association or approve the revived declaration and governing documents by a vote at a meeting of the affected parcelPage owners48 noticedof and64 conductedCODING: in the manner prescribed by s.

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hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 983 2025 parcel owners noticed and conducted in the manner prescribed by s.

Page(2) 49"Amenity expenses" means all costs, whether direct or indirect, of 64owning, CODING:operating, managing, maintaining, and insuring privately-owned recreational amenities that are made available to parcel owners pursuant to a recreational covenant.

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hb983-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 983 2025 (2) "Amenity expenses" means all costs, whether direct or indirect, of owning, operating, managing, maintaining, and insuring privately-owned recreational amenities that are made available to parcel owners pursuant to a recreational covenant.

and costs, expenses, levies, and charges ofPage any49 natureof that64 mayCODING: be levied or imposed against, or in connection with, the privately-owned recreational amenities made available to parcel owners pursuant to a recreational covenant.

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hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 983 2025 of any nature that may be levied or imposed against, or in connection with, the privately-owned recreational amenities made available to parcel owners pursuant to a recreational covenant.

(4) "Private amenities owner" means the record title owner Pageof 50privately-owned recreational amenities who is responsible for the operation and maintenance of 64the CODING:privately-owned recreational amenities and who may levy amenity dues pursuant to a recreational covenant.

For purposes of this part, the term does not include corporations not for profit pursuant to chapter 617 or local governmental entities, including special districts.

(5) "Privately-owned recreational amenities" means recreational facilities or amenities owned by a private amenities owner which are intended for recreational use or leisure activities by a parcel owner through mandatory Page 50 of 64 CODING:

hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 ofmembership privately-ownedor recreationaluse amenitiesrights whoestablished is responsible for the operation and maintenance of the privately-owned recreational amenities and who may levy amenity dues pursuant to a recreational covenant.

For purposes of this part, the term does not include corporations not for profit pursuant to chapter 617 or local governmental entities, including special districts.

(5) "Privately-owned recreational amenities" means recreational facilities or amenities owned by a private amenities owner which are intended for recreational use or leisure activities by a parcel owner through mandatory membership or use rights established pursuant to a recreational covenant.

(b) Contain information regarding the amenity dues that may be levied against a parcel owner or other persons to be Pagemembers 51or ofpermitted 64to CODING:use privately-owned recreational amenities.

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hb983-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 983 2025 members or permitted to use privately-owned recreational amenities.

applicability.— (1) The Legislature finds that recreational covenants are widelyPage used51 throughoutof this64 stateCODING: as a mechanism to provide enhanced recreational amenities to communities, but these covenants are largely unregulated.

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hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 983 2025 widely used throughout this state as a mechanism to provide enhanced recreational amenities to communities, but these covenants are largely unregulated.

(3) Parcels within a community may be subject to a Pagerecreational 52covenant. of 64 CODING:

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hb983-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 983 2025 recreational covenant.

720.412Page Requirements52 for recreational covenants.— (1) A recreational covenant recorded on or after July 1, 2025, that requires mandatory membership in a club or imposes mandatory amenity dues on a parcel owner in a community governed by this chapter must specify all of the64 following:CODING:

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hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 983 2025 720.412 Requirements for recreational covenants.— (1) A recreational covenant recorded on or after July 1, 2025, that requires mandatory membership in a club or imposes mandatory amenity dues on a parcel owner in a community governed by this chapter must specify all of the following:

Page2. 53 of 64 CODING:

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hb983-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 983 2025 2.

(e) The amount by which amenity fees may be increased, which may be calculated as a percentage, a fixed dollar amount, orPage the53 consumerof price64 index.CODING:

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hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 983 2025 or the consumer price index.

(a) That requires mandatory membership in a club or imposes mandatory amenity dues on a parcel owner in a community governed by this chapter remains valid and effective as to its Pageterms 54as oflong 64as CODING:such covenant includes the information required in paragraphs (1)(a)-(d).

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hb983-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 983 2025 terms as long as such covenant includes the information required in paragraphs (1)(a)-(d).

(3)Page With54 respect to a recreational covenant recorded on or after July 1, 2025, and notwithstanding any provision to the contrary in the recreational covenant, a recreational covenant that does not specify the amount by which amenity expenses may be increased is considered to include a maximum annual increase of no64 moreCODING: than 25 percent of the amenity expenses from the preceding fiscal year.

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hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 983 2025 (3) With respect to a recreational covenant recorded on or after July 1, 2025, and notwithstanding any provision to the contrary in the recreational covenant, a recreational covenant that does not specify the amount by which amenity expenses may be increased is considered to include a maximum annual increase of no more than 25 percent of the amenity expenses from the preceding fiscal year.

(4) Notwithstanding any provision to the contrary in the recreational covenant, a homeowners' association does not have any obligation, duty, or responsibility to collect amenity dues Pageor 55to ofremit 64amenity CODING:dues to the private amenities owner.

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hb983-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 983 2025 or to remit amenity dues to the private amenities owner.

(c)Page The55 cost of a64 debtCODING: service of the private amenities owner.

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hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 983 2025 (c) The cost of a debt service of the private amenities owner.

or (c) Prohibit a parcel owner or tenant of a parcel owner from having access to any mail delivery facilities serving the Pageproperty 56or ofparcels 64subject CODING:to the recreational covenant which may be located within the privately-owned recreational amenities.

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hb983-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 983 2025 property or parcels subject to the recreational covenant which may be located within the privately-owned recreational amenities.

(8) It is the intent of the Legislature to respect the intent of the parties to a real property transaction that occurredPage before56 Julyof 1,64 2025,CODING: and the parties' reliance on the covenants, conditions, restrictions, or other interests created by those transactions.

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hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 983 2025 occurred before July 1, 2025, and the parties' reliance on the covenants, conditions, restrictions, or other interests created by those transactions.

PageDISCLOSURE 57SUMMARY ofYOUR 64PARCEL CODING:IS SUBJECT TO A RECREATIONAL COVENANT.

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hb983-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 983 2025 DISCLOSURE SUMMARY YOUR PARCEL IS SUBJECT TO A RECREATIONAL COVENANT.

THE PROPERTY ON WHICH THE PRIVATELY-OWNED RECREATIONAL AMENITIESPage ARE57 LOCATED,of WHICH64 ARECODING: GOVERNED BY THE RECREATIONAL COVENANT, IS NOT A COMMON AREA OF THE HOMEOWNERS' ASSOCIATION AND IS NOT OWNED OR CONTROLLED BY THE HOMEOWNERS' ASSOCIATION.

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hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 983 2025 AMENITIES ARE LOCATED, WHICH ARE GOVERNED BY THE RECREATIONAL COVENANT, IS NOT A COMMON AREA OF THE HOMEOWNERS' ASSOCIATION AND IS NOT OWNED OR CONTROLLED BY THE HOMEOWNERS' ASSOCIATION.

Page4. 58 of 64 CODING:

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hb983-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 983 2025 4.

THIRD PARTIES WHO ARE NOT MEMBERS OF THE ASSOCIATION MAY HAVE THE RIGHT TO ACCESS AND USE THE PRIVATELY-OWNED RECREATIONALPage AMENITIES58 ASof DETERMINED64 BYCODING: THE PRIVATE AMENITIES OWNER.

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hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 983 2025 RECREATIONAL AMENITIES AS DETERMINED BY THE PRIVATE AMENITIES OWNER.

THE PageRECREATIONAL 59COVENANT ofIS 64A CODING:MATTER OF PUBLIC RECORD AND MAY BE OBTAINED FROM THE RECORD OFFICE IN THE COUNTY IN WHICH THE PARCEL YOU ARE PURCHASING IS LOCATED OR, IF NOT RECORDED, MAY BE OBTAINED FROM THE DEVELOPER UPON REQUEST.

(2) The disclosure summary required by this section must be provided to a prospective purchaser by the developer or the parcel owner selling the parcel.

Any contract or agreement for sale must refer to and incorporate the disclosure summary and must include, in prominent language, a statement that the Page 59 of 64 CODING:

hb983-02-c2hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HBCS/HB 983 2025 RECREATIONALprospective COVENANTpurchaser ISshould Anot MATTERexecute OFthe PUBLICcontract RECORDor ANDagreement MAYfor BEsale OBTAINEDuntil FROMhe THEor RECORDshe OFFICEhas INreceived THEand COUNTYread INthe WHICHdisclosure THEsummary PARCELrequired YOUby AREthis PURCHASINGsection. IS LOCATED OR, IF NOT RECORDED, MAY BE OBTAINED FROM THE DEVELOPER UPON REQUEST.

(2) The disclosure summary required by this section must be provided to a prospective purchaser by the developer or the parcel owner selling the parcel.

Any contract or agreement for sale must refer to and incorporate the disclosure summary and must include, in prominent language, a statement that the prospective purchaser should not execute the contract or agreement for sale until he or she has received and read the disclosure summary required by this section.

Page336.125 60Closing ofand 64abandonment CODING:of roads;

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hb983-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 983 2025 336.125 Closing and abandonment of roads;

1.Page 60 of 64 CODING:

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hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 983 2025 1.

The homeowners' association has entered into and Pageexecuted 61such ofagreements, 64covenants, CODING:warranties, and other instruments;

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hb983-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 983 2025 executed such agreements, covenants, warranties, and other instruments;

Subsection (2) of section 558.002, Florida Statutes,Page is61 amendedof to64 read:CODING:

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hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 983 2025 Statutes, is amended to read:

720.301(9), or any corporation regulated under chapter 718 or Pagechapter 62719. of 64 CODING:

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hb983-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 983 2025 chapter 719.

The liability of a first mortgagee or its successor or assignees who acquire title to a unit by foreclosure or by deed in lieu of foreclosure for the unpaid assessments that became due before the mortgagee's acquisition of title is limitedPage to62 theof lesser64 of:CODING:

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hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 983 2025 limited to the lesser of:

An association, or its successor or assignee, that acquires title to a unit through the foreclosure of its lien for assessments is not liable for any unpaid assessments, late fees, Pageinterest, 63or reasonable attorney's fees and costs that came due before the association's acquisition of 64title CODING:in favor of any other association, as defined in s.

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hb983-02-c2 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/CS/HB 983 2025 interest, or reasonable attorney's fees and costs that came due before the association's acquisition of title in favor of any other association, as defined in s.

lien claims.— (2) (d) An association, or its successor or assignee, that acquiresPage title63 to a parcel through the foreclosure of its64 lienCODING: for assessments is not liable for any unpaid assessments, late fees, interest, or reasonable attorney's fees and costs that came due before the association's acquisition of title in favor of any other association, as defined in s.

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hb983-01-c1 F L O R I D A H O U S E O F R E P R E S E N T A T I V E S CS/HB 983 2025 acquires title to a parcel through the foreclosure of its lien for assessments is not liable for any unpaid assessments, late fees, interest, or reasonable attorney's fees and costs that came due before the association's acquisition of title in favor of any other association, as defined in s.

hb983-02-c2hb983-01-c1