SB 1498 — Community Associations

720.3075, F.S.;

revising the types of prohibited clauses in homeowners’ association documents;

amending s.

720.308, F.S.;

prohibiting assessments payable to the developer or other owner of a common area from exceeding a member’s proportional share of the expenses set forth in the annual budget approved by the association;

amending s.

720.3086, F.S.;

requiring that a specified financial report conform to the financial report required by an association that serves the residential subdivision;

requiring that the report be made available upon request at no charge;

revising the manner in which the report is required to be delivered to each lot or parcel owner;

Subsection (33) of section 718.103, Florida PageStatutes, 1is ofamended 16to CODING:read:

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words underlined are additions.

Florida Senate - 2026 SB 1498 6-01113C-26 20261498__ Statutes, is amended to read:

All meetings conducted by videoPage conference3 which are open to the unit owners must be recorded, and such recording must be maintained as an official record of the31 association.CODING:

Words stricken are deletions;

words underlined are additions.

Florida Senate - 2026 CS for SB 1498 580-02459-26 20261498c1 video conference which are open to the unit owners must be recorded, and such recording must be maintained as an official record of the association.

Paragraph (c) of subsection (12) of section 718.111, Florida Statutes, is amended to read:

718.111 The association.— (12) OFFICIAL RECORDS.— (c)1.a.

The official records of the association are open to inspection by any association member and any person authorized by an association member as a representative of such member at all reasonable times.

The right to inspect the records includes the right to make or obtain copies, at the reasonable expense, if any, of the member and of the person authorized by the association member as a representative of such member.

A renter of a unit has a right to inspect and copy only the declaration of condominium, the association’s bylaws and rules, and the inspection reports described in ss.

553.899 and 718.301(4)(p).

The association may adopt reasonable rules regarding the frequency, time, location, notice, and manner of record inspections and copying but may not require a member to demonstrate any purpose or state any reason for the inspection.

The failure of an association to provide the records within 10 working days after receipt of a written request creates a rebuttable presumption that the association willfully failed to comply with this paragraph.

A unit owner who is denied access to official records is entitled to the actual damages or minimum damages for the association’s willful failure to comply.

Minimum damages are $50 per calendar day for up to 10 days, beginning on the 11th working day after receipt of the written request.

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Florida Senate - 2026 CS for SB 1498 580-02459-26 20261498c1 failure to permit inspection entitles any person prevailing in an enforcement action to recover reasonable attorney fees from the person in control of the records who, directly or indirectly, knowingly denied access to the records.

If the requested records are posted on an association’s website, or are available for download through an application on a mobile device, the association may fulfill its obligations under this paragraph by directing to the website or the application all persons authorized to request access.

b.

In response to a written request to inspect records, the association must simultaneously provide to the requestor a checklist of all records made available for inspection and copying.

The checklist must also identify any of the association’s official records that were not made available to the requestor.

An association must maintain a checklist provided under this sub-subparagraph for 7 years.

An association delivering a checklist pursuant to this sub-subparagraph creates a rebuttable presumption that the association has complied with this paragraph.

2.

A director or member of the board or association or a community association manager who willfully and knowingly or intentionally violates subparagraph 1.

commits a misdemeanor of the second degree, punishable as provided in s.

775.082 or s.

775.083, and must be removed from office and a vacancy declared.

3.

A person who willfully and knowingly or intentionally defaces or destroys accounting records that are required by this chapter to be maintained during the period for which such records are required to be maintained, or who willfully and knowingly or intentionally fails to create or maintain Page 5 of 31 CODING:

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Florida Senate - 2026 CS for SB 1498 580-02459-26 20261498c1 accounting records that are required to be created or maintained, with the intent of causing harm to the association or one or more of its members, commits a misdemeanor of the first degree, punishable as provided in s.

775.082 or s.

775.083;

is personally subject to a civil penalty pursuant to s.

718.501(1)(e);

and must be removed from office and a vacancy declared.

4.

A person who willfully and knowingly or intentionally refuses to release or otherwise produce association records with the intent to avoid or escape detection, arrest, trial, or punishment for the commission of a crime, or to assist another person with such avoidance or escape, commits a felony of the third degree, punishable as provided in s.

775.082, s.

775.083, or s.

775.084, and must be removed from office and a vacancy declared.

5.

The association shall maintain an adequate number of copies of the declaration, articles of incorporation, bylaws, and rules, and all amendments to each of the foregoing, as well as the question and answer sheet as described in s.

718.504 and the most recent annual financial statement and annual budget required under this section, on the condominium property to ensure their availability to unit owners and prospective purchasers, and may charge its actual costs for preparing and furnishing these documents to those requesting the documents.

An association shall allow a member or his or her authorized representative to use a portable device, including a smartphone, tablet, portable scanner, or any other technology capable of scanning or taking photographs, to make an electronic copy of the official records in lieu of the association’s providing the Page 6 of 31 CODING:

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Florida Senate - 2026 CS for SB 1498 580-02459-26 20261498c1 member or his or her authorized representative with a copy of such records.

The association may not charge a member or his or her authorized representative for the use of a portable device.

Notwithstanding this paragraph, the following records are not accessible to unit owners:

a.

Any record protected by the lawyer-client privilege as described in s.

90.502 and any record protected by the work- product privilege, including a record prepared by an association attorney or prepared at the attorney’s express direction, which reflects a mental impression, conclusion, litigation strategy, or legal theory of the attorney or the association, and which was prepared exclusively for civil or criminal litigation or for adversarial administrative proceedings, or which was prepared in anticipation of such litigation or proceedings until the conclusion of the litigation or proceedings.

b.

Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a unit.

c.

Personnel records of association or management company employees, including, but not limited to, disciplinary, payroll, health, and insurance records.

For purposes of this sub- subparagraph, the term “personnel records” does not include written employment agreements with an association employee or management company, or budgetary or financial records that indicate the compensation paid to an association employee.

d.

Medical records of unit owners.

e.

Social security numbers, driver license numbers, credit card numbers, e-mail addresses, telephone numbers, facsimile numbers, emergency contact information, addresses of a unit Page 7 of 31 CODING:

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Florida Senate - 2026 CS for SB 1498 580-02459-26 20261498c1 owner other than as provided to fulfill the association’s notice requirements, and other personal identifying information of any person, excluding the person’s name, unit designation, mailing address, property address, and any address, e-mail address, or facsimile number provided to the association to fulfill the association’s notice requirements.

Notwithstanding the restrictions in this sub-subparagraph, an association may print and distribute to unit owners a directory containing the name, unit address, and all telephone numbers of each unit owner.

However, an owner may exclude his or her telephone numbers from the directory by so requesting in writing to the association.

An owner may consent in writing to the disclosure of other contact information described in this sub-subparagraph.

The association is not liable for the inadvertent disclosure of information that is protected under this sub-subparagraph if the information is included in an official record of the association and is voluntarily provided by an owner and not requested by the association.

f.

Electronic security measures that are used by the association to safeguard data, including passwords.

g.

The software and operating system used by the association which allow the manipulation of data, even if the owner owns a copy of the same software used by the association.

The data is part of the official records of the association.

h.

All affirmative acknowledgments made pursuant to s.

718.121(4)(c).

6.a.

If an association receives a subpoena or written request for records from a law enforcement agency or prosecuting agency as defined in 112.531, the association must provide a Page 8 of 31 CODING:

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Florida Senate - 2026 CS for SB 1498 580-02459-26 20261498c1 copy of such records or otherwise make the records available for inspection and copying to the law enforcement agency or prosecuting agency within 5 business days after receipt of the subpoena or written request, unless otherwise specified by the law enforcement agency, prosecuting agency, or subpoena or written request.

An association must assist a law enforcement agency and a prosecting agency in an investigation to the extent permissible by law.

b.

A director or member of the board or association or a community association manager who willfully and knowingly fails to provide a copy of records, or otherwise fails to make the records available for inspection and copying, to a law enforcement agency or prosecuting agency as required by sub- subparagraph a.

commits a misdemeanor of the second degree, punishable as provided in s.

775.082 or s.

775.083.

Section 3.

a.Page 9 of 31 CODING:

Roof.

b.

Structure, including load-bearing walls and other Page 2 of 16 CODING:

Florida Senate - 2026 CS for SB 1498 6-01113C-26580-02459-26 20261498__20261498c1 primarya. structural members and primary structural systems as those terms are defined in s.

Roof.

b.

Structure, including load-bearing walls and other primary structural members and primary structural systems as those terms are defined in s.

558.002 or any contractor licensed under chapter 489 who bids to perform a structural integrity reserve study must disclose in writing to the association his or her intent to bid on any services related toPage any10 maintenance,of repair,31 orCODING: replacement that may be recommended by the structural integrity reserve study.

Any Page 3 of 16 CODING:

Florida Senate - 2026 CS for SB 1498 6-01113C-26580-02459-26 20261498__20261498c1 designto professionalany asmaintenance, definedrepair, inor s.replacement that may be recommended by the structural integrity reserve study.

Any design professional as defined in s.

At a minimum, a structural integrity reserve study must identify each item of the condominium property being visually inspected, state the estimated remaining useful life and the estimated replacement cost or deferred maintenance expense of each item of the condominium property being visually inspected, and provide a reserve funding plan or schedule with a recommended annual reserve amount that achieves the estimated replacement cost or deferred maintenance expense of each item of condominiumPage property11 being visually inspected by the end of the31 estimatedCODING: remaining useful life of the item.

At a minimum, the Page 4 of 16 CODING:

Florida Senate - 2026 SBCS 1498 6-01113C-26 20261498__ structural integrity reserve study must include a recommendation for aSB reserve1498 funding580-02459-26 schedule20261498c1 basedcondominium onproperty abeing baselinevisually fundinginspected planby thatthe providesend aof reserve funding goal in which the reserveestimated fundingremaining foruseful eachlife budgetof year is sufficient to maintain the reserveitem. cash balance above zero.

At a minimum, the structural integrity reserve study must include a recommendation for a reserve funding schedule based on a baseline funding plan that provides a reserve funding goal in which the reserve funding for each budget year is sufficient to maintain the reserve cash balance above zero.

The structural integrity reserve study must take into consideration the funding method or methods used by the association to fund its maintenance and reserve funding obligations through regular assessments, special assessments, linesPage 12 of credit,31 orCODING: loans.

If the structural integrity reserve study is performed before the association has approved a special Page 5 of 16 CODING:

Florida Senate - 2026 CS for SB 1498 6-01113C-26580-02459-26 20261498__20261498c1 assessmentlines or secured a line of creditcredit, or aloans. loan, the structural integrity reserve study must be updated to reflect the funding method selected by the association and its effect on the reserve funding schedule, including any anticipated change in the amount of regular assessments.

If the structural integrity reserve study is performed before the association has approved a special assessment or secured a line of credit or a loan, the structural integrity reserve study must be updated to reflect the funding method selected by the association and its effect on the reserve funding schedule, including any anticipated change in the amount of regular assessments.

Associations existing on or before July 1, 2022, which are controlled by unit owners other than the developer, must have a structural integrity reserve study completed by December Page 613 of 1631 CODING:

Florida Senate - 2026 CS for SB 1498 6-01113C-26580-02459-26 20261498__20261498c1 are controlled by unit owners other than the developer, must have a structural integrity reserve study completed by December 31, 2025, for each building on the condominium property that is three habitable stories or higher in height.

An officer or a director of an association must sign an affidavit acknowledging receipt of thePage completed14 structuralof integrity31 reserveCODING: study.

11.

Within 45 days after receiving the structural integrity Page 7 of 16 CODING:

Florida Senate - 2026 CS for SB 1498 6-01113C-26580-02459-26 20261498__20261498c1 reserve study, the association must distribute a copy of the study to each unit owner or deliver to each unit owner a notice that the completed studystructural isintegrity availablereserve forstudy. inspection and copying upon a written request.

11.

Within 45 days after receiving the structural integrity reserve study, the association must distribute a copy of the study to each unit owner or deliver to each unit owner a notice that the completed study is available for inspection and copying upon a written request.

Section 3.4.

718.128 Electronic voting.—The association may conduct elections and other unit owner votes through an Internet-based online voting system if a unit owner consents, electronically or inPage writing,15 toof online31 votingCODING: and if the following requirements are met:

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Florida Senate - 2026 CS for SB 1498 6-01113C-26580-02459-26 20261498__20261498c1 (7)(a)in Unlesswriting, theto associationonline has adopted electronic voting inand accordanceif with subsections (1)-(6), the associationfollowing mustrequirements designateare anmet: e-mail address, independent website, application, or Internet web portal for receipt of electronically transmitted ballots.

(7)(a) Unless the association has adopted electronic voting in accordance with subsections (1)-(6), the association must designate an e-mail address, independent website, application, or Internet web portal for receipt of electronically transmitted ballots.

718.112(2)(d)3.

s.

WAIVINGPage THE16 SECRECYof OF31 YOURCODING: BALLOT IS YOUR CHOICE.

YOU DO NOT HAVE TO WAIVE THE SECRECY OF YOUR BALLOT IN ORDER TO VOTE.

BY TRANSMITTING YOUR COMPLETED BALLOT Page 9 of 16 CODING:

Florida Senate - 2026 CS for SB 1498 6-01113C-26580-02459-26 20261498__20261498c1 THROUGHWAIVING ELECTRONIC MEANS E-MAIL TO THE ASSOCIATION, YOU WAIVE THE SECRECY OF YOUR COMPLETEDBALLOT BALLOT.IS YOUR CHOICE.

YOU DO NOT HAVE TO WAIVE THE SECRECY OF YOUR BALLOT IN ORDER TO VOTE.

BY TRANSMITTING YOUR COMPLETED BALLOT THROUGH ELECTRONIC MEANS E-MAIL TO THE ASSOCIATION, YOU WAIVE THE SECRECY OF YOUR COMPLETED BALLOT.

Section 4.5.

(k) Structural integrity reserve study.— 1.Page 17 of 31 CODING:

A residential cooperative association must have a structural integrity reserve study completed at least every 10 years for each building on the cooperative property that is Page 10 of 16 CODING:

Florida Senate - 2026 CS for SB 1498 6-01113C-26580-02459-26 20261498__20261498c1 three1. habitable stories or higher in height, as determined by the Florida Building Code, that includes, at a minimum, a study of the following items as related to the structural integrity and safety of the building:

A residential cooperative association must have a structural integrity reserve study completed at least every 10 years for each building on the cooperative property that is three habitable stories or higher in height, as determined by the Florida Building Code, that includes, at a minimum, a study of the following items as related to the structural integrity and safety of the building:

A structural integrity reserve study, including the visual inspection portion of the structural integrity reserve study, must be performed or verified by an engineer licensed under chapter 471, an architect licensed under chapter 481, or a personPage certified18 as a reserve specialist or professional reserve analyst by the Community Associations Institute or the Association of Professional31 ReserveCODING: Analysts.

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Florida Senate - 2026 CS for SB 1498 6-01113C-26580-02459-26 20261498__20261498c1 b.person certified as a reserve specialist or professional reserve analyst by the Community Associations Institute or the Association of Professional Reserve Analysts.

b.

At a minimum, a structural integrity reserve study must identify each item of the cooperative property being visually inspected, state the estimated remaining useful life and the estimated replacement cost or deferred maintenance expense of each item of the cooperative property being visually Page 1219 of 1631 CODING:

Florida Senate - 2026 CS for SB 1498 6-01113C-26580-02459-26 20261498__20261498c1 visually inspected, state the estimated remaining useful life and the estimated replacement cost or deferred maintenance expense of each item of the cooperative property being visually inspected, and provide a reserve funding schedule with a recommended annual reserve amount that achieves the estimated replacement cost or deferred maintenance expense of each item of cooperative property being visually inspected by the end of the estimated remaining useful life of the item.

If the structural integrity reserve study recommends reserves for any item for which reserves are not required under this paragraph, the amount of the recommended reserves for such item must be separately identified in the structural integrity reserve study as an item forPage which20 reservesof are31 notCODING: required under this paragraph.

c.

The structural integrity reserve study must take into consideration the funding method or methods used by the Page 13 of 16 CODING:

Florida Senate - 2026 CS for SB 1498 6-01113C-26580-02459-26 20261498__20261498c1 associationfor towhich fundreserves itsare maintenancenot andrequired reserveunder fundingthis obligationsparagraph. through regular assessments, special assessments, lines of credit, or loans.

c.

The structural integrity reserve study must take into consideration the funding method or methods used by the association to fund its maintenance and reserve funding obligations through regular assessments, special assessments, lines of credit, or loans.

Before a developer turns over control of an association toPage unit21 ownersof other31 thanCODING: the developer, the developer must have a turnover inspection report in compliance with s.

719.301(4)(p) and (q) for each building on the cooperative property that is Page 14 of 16 CODING:

Florida Senate - 2026 CS for SB 1498 6-01113C-26580-02459-26 20261498__20261498c1 threeto storiesunit orowners higherother than the developer, the developer must have a turnover inspection report in height.compliance with s.

719.301(4)(p) and (q) for each building on the cooperative property that is three stories or higher in height.

If the officers or directors of an association willfully and knowingly fail to complete a structural integrity reserve study pursuant to this paragraph, such failure is a breach of an officer’s and director’s fiduciary relationship to Page 1522 of 1631 CODING:

Florida Senate - 2026 CS for SB 1498 6-01113C-26580-02459-26 20261498__20261498c1 willfully and knowingly fail to complete a structural integrity reserve study pursuant to this paragraph, such failure is a breach of an officer’s and director’s fiduciary relationship to the unit owners under s.

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Florida Senate - 2026 CS for SB 1498 580-02459-26 20261498c1 Section 6.

Subsections (2) and (8) of section 720.301, Florida Statutes, are amended to read:

720.301 Definitions.—As used in this chapter, the term:

(2) “Common area” means all real property within a community which is owned or leased by an association or dedicated for use or maintenance by the association or its members, including, regardless of whether title has been conveyed to the association:

(a) Real property the use of which is dedicated to the association or its members by a recorded plat;

or (b) Real property committed by a declaration of covenants to be leased or conveyed to the association;

(c) Real property for which the developer or other owner of common areas has required, in the governing documents or otherwise, the association or its members to pay assessments or amenity fees for use or maintenance;

or (d) Recreational facilities and other properties serving the parcels which the governing documents allow the owner of a parcel to access, use, or enjoy as a benefit of parcel ownership.

(8) “Governing documents” means:

(a) The recorded declaration of covenants for a community and all duly adopted and recorded amendments, supplements, and recorded exhibits thereto;

and (b) The articles of incorporation and bylaws of the homeowners’ association and any duly adopted amendments thereto;

and (c) All covenants running with the land which are binding on the association or its members.

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Florida Senate - 2026 CS for SB 1498 580-02459-26 20261498c1 Section 7.

Subsection (3) of section 720.302, Florida Statutes, is amended to read:

720.302 Purposes, scope, and application.— (3) This chapter does not apply to:

(a) A community that is composed of property primarily intended for commercial, industrial, or other nonresidential use;

or (b) The commercial or industrial parcels in a community that contains both residential parcels and parcels intended for commercial or industrial use, provided that this paragraph does not affect the applicability of this chapter to any residential parcel, common area, or the developer or other owner of a common area.

Section 8.

Paragraphs (a), (d), and (i) of subsection (5) of section 720.303, Florida Statutes, are amended to read:

720.303 Association powers and duties;

meetings of board;

official records;

budgets;

financial reporting;

association funds;

recalls.— (5) INSPECTION AND COPYING OF RECORDS.— (a) The official records of the association are open to inspection by any association member and any person authorized by an association member as a representative of such member at all reasonable times.

Unless otherwise provided by law or the governing documents of the association, the official records must be maintained within this state for at least 7 years and be made available to a parcel owner for inspection or photocopying within 45 miles of the community or within the county in which the association is located within 10 business days after receipt by the board or its designee of a written request from the Page 25 of 31 CODING:

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Florida Senate - 2026 CS for SB 1498 580-02459-26 20261498c1 parcel owner.

This subsection may be complied with by having a copy of the official records available for inspection or copying in the community or by making the records available to a parcel owner electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request.

If the association has a photocopy machine available where the records are maintained, it must provide parcel owners with copies on request during the inspection if the entire request is limited to no more than 25 pages.

An association shall allow a member or his or her authorized representative to use a portable device, including a smartphone, tablet, portable scanner, or any other technology capable of scanning or taking photographs, to make an electronic copy of the official records in lieu of the association’s providing the member or his or her authorized representative with a copy of such records.

The association may not charge a fee to a member or his or her authorized representative for the use of a portable device.

(d) Any director or member of the board or association or a community association manager who knowingly and, willfully, and repeatedly violates paragraph (a), with the intent of causing harm to the association or one or more of its members, commits a misdemeanor of the second degree, punishable as provided in s.

775.082 or s.

775.083.

For purposes of this paragraph, the term “repeatedly” means two or more violations within a 12-month period.

(i)1.

If an association receives a subpoena or written request for records from a law enforcement agency or prosecuting agency as defined in 112.531, the association must provide a Page 26 of 31 CODING:

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Florida Senate - 2026 CS for SB 1498 580-02459-26 20261498c1 copy of such records or otherwise make the records available for inspection and copying to a law enforcement agency or prosecuting agency within 5 business days after receipt of the subpoena or written request, unless otherwise specified by the law enforcement agency, prosecuting agency, or subpoena or written request.

An association must assist a law enforcement agency in its investigation to the extent permissible by law.

2.

A director or member of the board or association or a community association manager who willfully and knowingly fails to provide a copy of records to a law enforcement agency or prosecuting agency, or otherwise fails to make the records available for inspection and copying, as required by subparagraph 1.

commits a misdemeanor of the second degree, punishable as provided in s.

775.082 or s.

775.083.

Section 9.

Subsection (1) of section 720.305, Florida Statutes, is amended to read:

720.305 Obligations of members;

remedies at law or in equity;

levy of fines and suspension of use rights.— (1) Each member and the member’s tenants, guests, and invitees, and each association, are governed by, and must comply with, this chapter, the governing documents of the community, and the rules of the association.

Actions at law or in equity, or both, to redress alleged failure or refusal to comply with these provisions may be brought by the association or by any member against:

(a) The association;

(b) A member;

(c) Any director or officer of an association who willfully and knowingly fails to comply with these provisions;

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Florida Senate - 2026 CS for SB 1498 580-02459-26 20261498c1 (d) Any tenants, guests, or invitees occupying a parcel or using the common areas;

and (e) The developer or other owner of a common area, regardless of whether the developer or other owner of common areas is a member of the association.

The prevailing party in any such litigation is entitled to recover reasonable attorney fees and costs.

A member prevailing in an action between the association and the member under this section, in addition to recovering his or her reasonable attorney fees, may recover additional amounts as determined by the court to be necessary to reimburse the member for his or her share of assessments levied by the association to fund its expenses of the litigation.

This relief does not exclude other remedies provided by law.

This section does not deprive any person of any other available right or remedy.

Section 10.

Paragraphs (a), (k), and (t) of subsection (4) of section 720.307, Florida Statutes, are amended to read:

720.307 Transition of association control in a community.— With respect to homeowners’ associations:

(4) At the time the members are entitled to elect at least a majority of the board of directors of the homeowners’ association, the developer shall, at the developer’s expense, within no more than 90 days deliver the following documents to the board:

(a) All deeds to common areas property owned by the association, and for any common area not already titled in the association’s name, the developer or other owner of common areas shall convey title to the association.

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Florida Senate - 2026 CS for SB 1498 580-02459-26 20261498c1 (k) All tangible property for which of the association or its members, through assessments or other mandatory payments under the governing documents, are responsible for the cost of operation and maintenance.

(t) The financial records, including financial statements of the association and common areas, and source documents from the incorporation of the association through the date of turnover.

The records shall be audited by an independent certified public accountant for the period from the incorporation of the association or from the period covered by the last audit, if an audit has been performed for each fiscal year since incorporation.

All financial statements shall be prepared in accordance with generally accepted accounting principles and shall be audited in accordance with generally accepted auditing standards, as prescribed by the Board of Accountancy, pursuant to chapter 473.

The certified public accountant performing the audit shall examine to the extent necessary supporting documents and records, including the cash disbursements and related paid invoices to determine if expenditures were for association purposes and the billings, cash receipts, and related records of the association to determine that the developer was charged and paid the proper amounts of assessments.

This paragraph applies to associations with a date of incorporation after December 31, 2007.

Section 11.

Paragraphs (d) and (e) are added to subsection (1) of section 720.3075, Florida Statutes, to read:

720.3075 Prohibited clauses in association documents.— (1) It is declared that the public policy of this state prohibits the inclusion or enforcement of certain types of Page 29 of 31 CODING:

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Florida Senate - 2026 CS for SB 1498 580-02459-26 20261498c1 clauses in homeowners’ association documents, including declaration of covenants, articles of incorporation, bylaws, or any other document of the association which binds members of the association, which either have the effect of or provide that:

(d) An association or its members are required to pay an assessment for mandatory membership in a club under the control and ownership of the developer or any person other than the association, and nonpayment of such mandatory fee is enforceable by the developer, or any person other than the association, by a lien on any individual parcel.

(e) An association or any of its members are prohibited or restricted from filing or prospectively waiving the ability to protest or seek any remedy for a violation of this chapter.

Such clauses are declared null and void as against the public policy of this state.

Section 12.

Paragraph (e) is added to subsection (1) of section 720.308, Florida Statutes, to read:

720.308 Assessments and charges.— (1) ASSESSMENTS.—For any community created after October 1, 1995, the governing documents must describe the manner in which expenses are shared and specify the member’s proportional share thereof.

(e) Assessments payable to the developer or other owner of a common area may not exceed the member’s proportional share of the expenses set forth in the annual budget approved by the association.

Section 13.

Section 720.3086, Florida Statutes, is amended to read:

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Florida Senate - 2026 CS for SB 1498 580-02459-26 20261498c1 720.3086 Financial report.—In a residential subdivision in which the owners of lots or parcels must pay mandatory maintenance or 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 following the end of each fiscal year, a complete financial report of the actual, total receipts of mandatory maintenance or amenity fees received by it, and an itemized listing of the expenditures made by it from such fees, for that year.

A financial report required by this section must conform to the same type of financial statement that the association serving the residential subdivision is required to prepare or cause to be prepared under s.

720.303(7)(a).

Such report and a written notice that a copy of the financial report is available upon request at no charge to the parcel owner shall be made public by mailing it to each lot or parcel owner in the subdivision, by publishing it in a publication regularly distributed within the subdivision, and or by posting it in prominent locations in the subdivision.

This section does not apply to amounts paid to homeowner associations pursuant to chapter 617, chapter 718, chapter 719, chapter 721, or chapter 723, or to amounts paid to local governmental entities, including special districts.

Section 14.

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