It does not require downloading software or apps. If vacancies occur on the board as a result of a recall and a majority or more of the board directors are removed, the vacancies shall be filled by members voting in favor of the recall; if removal is at a meeting, any vacancies shall be filled by the members at the meeting. 2, 18, ch. Non-Profit Corporation Act. For condominiums: Florida Statute 718.112 (c) provides the board meeting notice requirements. It also provides, in part, the following: "Meetings of a committee to take final action on behalf of the board or make recommendations to the board regarding the association budget are subject to the provisions of this paragraph. All financial and accounting records must be maintained for a period of at least 7 years. Disclaimer: The information on this system is unverified. There is nothing for them to set up or learn. Generally, this means five (5) years from the date the association is aware of the violation. As you mentioned, this new board may have no idea whether the prior board was aware, and if so, was it aware for more than five (5) years? All board meetings must be properly noticed and open to the members, with the only exceptions being: For purposes of this answer, we will assume it is a limited common element. The budget must reflect the estimated revenues and expenses for that year and the estimated surplus or deficit as of the end of the current year. If you have any questions on this subject or Homeowners/Condo Associations, please contact the attorneysCarla ThackerorKevin Obos. This section does not preclude the termination of a reserve account established pursuant to this paragraph upon approval of a majority of the total voting interests of the association. Schedule your meeting, invite members via email, and conduct the vote on the day of the meeting. 2011-196; s. 17, ch. Committee Specifically, the condominium must post the governing documents, any contract or management agreement, annual budget, financial report, director certificates of eligibility, meeting notices and other documents concerning agreements where directors have conflicts of interest. Code 4920 .) 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. If the association does not have a photocopy machine available where the records are kept, or if the records requested to be copied exceed 25 pages in length, the association may have copies made by an outside duplicating service and may charge the actual cost of copying, as supported by the vendor invoice. If reserve accounts are not initially provided by the developer, the membership of the association may elect to do so upon the affirmative approval of a majority of the total voting interests of the association. 2003-79; s. 22, ch. ( Civ. A person serving as a board member who becomes more than 90 days delinquent in the payment of any fee, fine, or other monetary obligation to the association shall be deemed to have abandoned his or her seat on the board, creating a vacancy on the board to be filled according to law. For condominiums: Florida Statute 718.112(c) provides the board meeting notice If more than one ballot is submitted for a lot or parcel, the ballots for that lot or parcel shall be disqualified. OWNERS MAY ELECT TO PROVIDE FOR RESERVE ACCOUNTS PURSUANT TO SECTION 720.303(6), FLORIDA STATUTES, UPON OBTAINING THE APPROVAL OF A MAJORITY OF THE TOTAL VOTING INTERESTS OF THE ASSOCIATION BY VOTE OF THE MEMBERS AT A MEETING OR BY WRITTEN CONSENT. 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 and all records and property of the association in their possession, or proceed as described in paragraph (d). Social security numbers, driver license numbers, credit card numbers, electronic mailing addresses, telephone numbers, facsimile numbers, emergency contact information, any addresses for a parcel owner other than as provided for association notice requirements, and other personal identifying information of any person, excluding the persons name, parcel designation, mailing address, and property address. Similarly, board meetings held to discuss personnel matters are also not required to be open to association members. 2004-353; s. 13, ch. Co-ops are subject to the Cooperative Act. If a meeting of the unit owners has been called to determine whether to waive or reduce the funding of reserves and such result is not achieved or a quorum is not present, the reserves as included in the budget go into effect. All other committee meetings do not have to be noticed unless the bylaws require it. The Florida Bar requires the following disclaimer: "The hiring of a law firm is a serious decision that should not be based on advertising alone. Copyright 2000- 2023 State of Florida. HOAs in Florida are subject to the Homeowners Association Act. Many of the provisions of the HOA laws are the same or similar to co-ops and condominiums. Some of the provisions of the Act that apply to annual meetings include, but are not limited to: A board member who has been recalled may file a petition pursuant to ss. A current copy of all contracts to which the association is a party, including, without limitation, any management agreement, lease, or other contract under which the association has any obligation or responsibility. The association may adopt reasonable written rules governing the frequency, time, location, notice, records to be inspected, and manner of inspections, but may not require a parcel owner to demonstrate any proper purpose for the inspection, state any reason for the inspection, or limit a parcel owners right to inspect records to less than one 8-hour business day per month. 2. No developer in control of a homeowners association shall commingle any association funds with his or her funds or with the funds of any other homeowners association or community association. If reserve accounts are not established pursuant to paragraph (d), funding of such reserves is limited to the extent that the governing documents limit increases in assessments, including reserves. A copy of the articles of incorporation of the association and of each amendment thereto. I think if a quorum of directors are present at a committee meeting (regardless of the directors purpose for attending the meeting), it constitutes as a quorum and functions as a board meeting. Fla. Stat. 2015-97; s. 10, ch. This means that the ARC must post a notice at least 48 hours prior to the meeting with the date, time and location of the committee meeting and that the membership must be permitted to attend the meetings. Members voting electronically are counted as being in attendance at the meeting to determine a quorum. seq., governs the formation, management, powers, and operation of HOAs in Florida. Medical records of parcel owners or community residents. Committee 2018 Florida Statutes . Posts:447. Becker, with headquarters in Fort Lauderdale, FL., is a multi-practice commercial law firm with attorneys, lobbyists and other professionals at offices throughout the East Coast. If the association maintains a pooled account of two or more of the required reserve assets, the amount of the contribution to the pooled reserve account as disclosed on the proposed budget may not be less than that required to ensure that the balance on hand at the beginning of the period the budget will go into effect plus the projected annual cash inflows over the remaining estimated useful life of all of the assets that make up the reserve pool are equal to or greater than the projected annual cash outflows over the remaining estimated useful lives of all the assets that make up the reserve pool, based on the current reserve analysis. 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. Unless otherwise provided in this chapter or in the articles of incorporation or bylaws, decisions that require a vote of the members must be made by the concurrence of at least a majority of the voting interests present, in person or by proxy, at a meeting at which a quorum has been attained. In addition, rescheduling meetings can be costly when you fail to have a quorum present. Any amendment adopted without the required consent of a mortgagee is voidable only by a mortgagee who was entitled to notice and an opportunity to consent. PART I. Our understanding is that this will require some significant construction work on the lanai. vested with the power to approve or disapprove architectural decisions with respect to a specific parcel of residential property owned by a member of the community.. Some of the more significant requirements are those which require the board to take action If the governing documents permit voting by secret ballot by members who are not in attendance at a meeting of the members for the election of directors, such ballots must be placed in an inner envelope with no identifying markings and mailed or delivered to the association in an outer envelope bearing identifying information reflecting the name of the member, the lot or parcel for which the vote is being cast, and the signature of the lot or parcel owner casting that ballot. Members have the right to attend all meetings of the board. Upon approval by the membership, the board of directors shall include the required reserve accounts in the budget in the next fiscal year following the approval and each year thereafter. A proxy is revocable at any time at the pleasure of the person who executes it. 2017-161; s. 7, ch. Questions about board meetings, committee meetings, which have their own set of requirements, and members meetings should be directed to legal counsel for guidance. "Executive session is a private meeting of board members. Under Florida Statutes Chapter 720, for HOAs, and Chapter 718, for condominiums, Association board meetings are deemed to occur when a quorum of the board gathers to conduct association business. The right to attend open meetings includes the right to tape record or videotape them, as long as such recording activity is not disruptive. Reimbursement for out-of-pocket expenses incurred by such person on behalf of the association, subject to approval in accordance with procedures established by the associations governing documents or, in the absence of such procedures, in accordance with an approval process established by the board. Many of the provisions of the HOA laws are the same or similar to co-ops and condominiums. Association members are entitled to speak at open meetings on designated items (HOA) or an item on the agenda in a condominium. to committees. When broadcast notice is provided, the notice and agenda must be broadcast in a manner and for a sufficient continuous length of time so as to allow an average reader to observe the notice and read and comprehend the entire content of the notice and the agenda. Meetings of committees that do not take final action on behalf of the board or make budget recommendations to the board may be exempt from these formal notice requirements when the bylaws of the association permit such exemptions. To create a homeowners association in Florida, a community must be incorporated and record its initial governing documents in the official records of the county where the association is . 2017-4; s. 3, ch. The right to attend such meetings includes the right to speak at such meetings with reference to all designated items. When it is determined by the department pursuant to binding arbitration proceedings that an initial 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. A report of cash receipts and disbursement must disclose the amount of receipts by accounts and receipt classifications and the amount of expenses by accounts and expense classifications, including, but not limited to, the following, as applicable: costs for security, professional, and management fees and expenses; taxes; costs for recreation facilities; expenses for refuse collection and utility services; expenses for lawn care; costs for building maintenance and repair; insurance costs; administration and salary expenses; and reserves if maintained by the association. Interim Committee Meetings; Senators. Notwithstanding this general notice requirement, for communities with more than 100 members, the association bylaws may provide for a reasonable alternative to posting or mailing of notice for each board meeting, including publication of notice, provision of a schedule of board meetings, or the conspicuous posting and repeated broadcasting of the notice on a closed-circuit cable television system serving the homeowners association. A:This is a frequent question. First, based on the analysis above, this might be a distinction without a difference. Specific statutes within the Act that apply to annual meetings including, but are not limited to: Section 719.129 permits the association to hold unit owner votes and elections by using an internet-based online voting system with the written consent by the unit owner. An association with total annual revenues of at least $300,000, but less than $500,000, shall prepare reviewed financial statements. If the recall occurred by agreement in writing or by written ballot, members may vote for replacement directors in the same instrument in accordance with procedural rules adopted by the division, which rules need not be consistent with this subsection. The website must be wholly owned and operated by the association or must be operated by a third-party provider with whom the association has the right to operate a page. Florida Statute 286.011, the Government-in-the-Sunshine Law, requires that all meetings of state or local governmental boards or commissions be open to the public unless there is a specific statutory exemption. Javascript must be enabled for site search. While generally the meetings of an architectural committee of a homeowners' association would not be required to be open to the public, in the instant inquiry these committees have been elevated by county ordinance to constitute an integral part of the decision-making process relating to the issuance of county building permits. The reserve funding formula may not include any type of balloon payments. Except as otherwise provided in the governing documents, boards of directors must be elected by a plurality of the votes cast by eligible voters. HOMEOWNERS' ASSOCIATIONS. Section 61B-23.001(1)(a), Florida Administrative Code, states that a meeting of the board of administration means any gathering of the members of the board of directors, at which a quorum of the members is present, for the purpose of conducting association business. At first, I thought if a director attends a committee meeting as an owner and not a director that they wouldnt be counted toward this requirement. (12) "Parcel owner" means the record owner of legal title to a parcel. Q:I read that Florida law now requires condominiums to keep a website and upload all official records on the public website. Pursuant to Florida law, certain condominium committees must always follow the same procedural requirements of meetings of the Board of Directors, which (for regular meetings) require at least 48 hours posted notice and must be open to the membership. It is important to note that some ARCs do not actually approve or disapprove and only make recommendations to the board, so the answer also depends on the scope of authority of the committee. The association shall provide each member with a copy of the annual budget or a written notice that a copy of the budget is available upon request at no charge to the member. Failing to follow the basic statutory requirements may result in problems. If in doubt, always check the bylaws and/or declaration of your association, or give me a call to check on the legalities of meeting issues. The appellate panel agreed with Gillis that the fine was imposed without meeting the requirements of the associations own governing declaration nor Florida law. 2018-96. However, if a copy of the proposed amendment is provided to the members before they vote on the amendment and the proposed amendment is not changed before the vote, the association, in lieu of providing a copy of the amendment, may provide notice to the members that the amendment was adopted, identifying the official book and page number or instrument number of the recorded amendment and that a copy of the amendment is available at no charge to the member upon written request to the association. To pay to the homeowners' association assessments that, if not paid, may result in a lien. For purposes of this paragraph, the term any fee, fine, or other monetary obligation means any delinquency to the association with respect to any parcel. HOAs in Florida are subject to the Homeowners Association Act. Skip to Navigation | Skip to Main Content | Skip to Site Map. Copyright 2000- 2023 State of Florida. Directors may not vote by proxy or by secret ballot at board meetings, except that secret ballots may be used in the election of officers. The only exceptions to this open-meeting requirement are when the meeting is held to discuss personnel matters or when the associations attorney is present to provide advice concerning proposed or pending litigation. The association or its authorized agent may charge a reasonable fee to the prospective purchaser or lienholder or the current parcel owner or member for providing good faith responses to requests for information by or on behalf of a prospective purchaser or lienholder, other than that required by law, if the fee does not exceed $150 plus the reasonable cost of photocopying and any attorney fees incurred by the association in connection with the response. Condominium Act. The division may not accept for filing a recall petition, whether filed pursuant to paragraph (b), paragraph (c), paragraph (g), or paragraph (k) and regardless of whether the recall was certified, when there are 60 or fewer days until the scheduled reelection of the board member sought to be recalled or when 60 or fewer days have not elapsed since the election of the board member sought to be recalled. The HOA, co-op, and condominium acts do not provide for remote meetings. The association may use the address provided in the original recorded mortgage document, unless there is a different address for the holder of the mortgage in a recorded assignment or modification of the mortgage, which recorded assignment or modification must reference the official records book and page on which the original mortgage was recorded. Notice shall be sent to such person if the address provided in the original recorded mortgage document is different from the name and address of the mortgagee or assignee of the mortgage as shown by the public record. Notwithstanding this paragraph, the following records are not accessible to members or parcel owners: Any record protected by the lawyer-client privilege as described in s. Information obtained by an association in connection with the approval of the lease, sale, or other transfer of a parcel. The provisions of this subsection shall also apply to the meetings of any committee or other similar body when a final decision will be made regarding the expenditure of association funds and to meetings of any body vested with the power to approve or disapprove architectural decisions with respect to a specific parcel of residential property owned by a member of the community. 2018-55; s. 13, ch. Chapter 720 HOMEOWNERS' ASSOCIATIONS Entire Chapter. However, these meetings may also provide owners and shareholders the opportunity to voice concerns or issues. 2010-174; s. 17, ch. A copy of the current rules of the homeowners association. The first step would be to review the declaration and determine whether the lanai is part of the unit or a limited common element. Quorums can be frustrating for board members and unit owners. Statutes, Video Broadcast Also, the deadline for condominiums to launch the website will be extended until Jan. 1, 2019. H.R., Naples, A:The committee is likely acting inconsistent with the statute. Some of the provisions of the Furthermore, the Division of Florida Condominiums has adopted rules regarding recording condominium association meetings (found in Fla. Admin. Community Association Leadership Lobby (CALL), 1 East Broward Blvd. 92-49; s. 56, ch. BuildingBoard is easy to use, convenient, and avoids problems reaching quorums. Within 30 days after recording an amendment to the governing documents, the association shall provide copies of the amendment to the members. The formula may be adjusted each year for changes in estimates and deferred maintenance performed during the year and may include factors such as inflation and earnings on invested funds. Any fee or compensation authorized in advance by a vote of a majority of the voting interests voting in person or by proxy at a meeting of the members. Once established as provided in this subsection, the reserve accounts must be funded or maintained or have their funding waived in the manner provided in paragraph (f). Accordingly, and notwithstanding any provision of this paragraph to the contrary: As to any mortgage recorded on or after July 1, 2013, any provision in the associations governing documents that requires the consent or joinder of some or all mortgagees of parcels or any other portion of the associations common areas to amend the associations governing documents or for any other matter is enforceable only as to amendments to the associations governing documents that adversely affect the priority of the mortgagees lien or the mortgagees rights to foreclose its lien or that otherwise materially affect the rights and interests of the mortgagees. Meetings of the board must be open to all members, except for meetings between the board and its attorney with respect to proposed or pending litigation where the contents of the discussion would otherwise be governed by the attorney-client privilege. 2013-188; s. 2, ch. Personnel costs may not be charged for records requests that result in the copying of 25 or fewer pages. 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 felons civil rights have been restored for at least 5 years as of the date on which such person seeks election to the board. At the meeting, the board shall certify the recall, in which case such member or members shall be recalled effective immediately and shall turn over to the board within 5 full business days any and all records and property of the association in their possession, or shall proceed as set forth in paragraph (d). 9, 10, ch. The Florida Homeowners Association Act, Fla. Stat. The association shall prepare an annual budget that sets out the annual operating expenses. A developer or its representative from serving as a director, officer, or committee member of the association and benefiting financially from service to the association. The HOA statute states in reference to the requirement for open board meetings, The provisions of this subsection shall also apply to the meetings of any committee or other Unless otherwise provided in this chapter or in the articles of incorporation or bylaws, decisions that require a vote of the members must be made by the concurrence of at least a majority of However, upon review and reflection, I think thats just too fine a line to draw. Does it matter whether the director participates in the discussion or attends but is simply there to observe? Any rescission or revocation of a members written recall ballot or agreement must be in writing and, in order to be effective, must be delivered to the association before the association is served with the written recall agreements or ballots. Start managing your property board votes on BuildingBoard today. A proxy is effective only for the specific meeting for which it was originally given, as the meeting may lawfully be adjourned and reconvened from time to time, and automatically expires 90 days after the date of the meeting for which it was originally given. For example, the Association has seven directors, two directors serve on the committee and another two attend the meeting as observers, since four of the seven directors are present (i.e. Committee Make sure that a quorum of directors does not attend a committee meeting. What are our rights in reviewing this request? Reserve funds and any interest accruing thereon shall remain in the reserve account or accounts and shall be used only for authorized reserve expenditures unless their use for other purposes is approved in advance by a majority vote at a meeting at which a quorum is present. 09/15/2007 4:48 PM. Additionally, although some portions of the website are public in nature, the official records should only be posted in a part of the site that is private and only accessible to owners with a password or other security mechanism. This subparagraph applies to all mortgages, regardless of the date of recordation of the mortgage. The journals or printed bills of the respective chambers should be consulted for official purposes. The Legislature finds that the procurement of mortgagee consent to amendments that do not affect the rights or interests of mortgagees is an unreasonable and substantial logistical and financial burden on the parcel owners and that there is a compelling state interest in enabling the members of an association to approve amendments to the associations governing documents through legal means. Your members vote via their smartphone or computer.Are you ready to simply your annual meetings? 2007-80; ss. However, if broadcast notice is used in lieu of a notice posted physically in the community, the notice must be broadcast at least four times every broadcast hour of each day that a posted notice is otherwise required. A member who is denied access to official records is entitled to the actual damages or minimum damages for the associations willful failure to comply with this subsection. An association with total annual revenues of less than $150,000 shall prepare a report of cash receipts and expenditures. 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 with the department a petition for binding arbitration pursuant to the applicable procedures in ss. Namely, meetings of the board or an association committee at which the associations attorney is participating for the purpose of rendering advice upon proposed or pending litigation are not required to be open to association members. The financial and accounting records must include: Accurate, itemized, and detailed records of all receipts and expenditures. With offices in Naples, Fort Myers, Coral Gables and Boca Raton, the firm represents community associations throughout Florida and focuses on condominium and homeowner association law, real estate law, litigation, estate planning and business law. ( HOA ) or an item on the lanai is part of the HOA laws the! Skip to Navigation | Skip to Main Content | Skip to Navigation | Skip to Main Content | to! To determine a quorum must be maintained for a period of at least 300,000... To Site Map Broward Blvd Navigation | Skip to Navigation | Skip to Navigation | to!: I read that Florida law association shall provide copies of the own! Of less than $ 150,000 shall prepare a report of cash receipts and expenditures smartphone computer.Are. A quorum of directors does not attend a committee meeting it matter whether the director participates the... Total annual revenues of at least 7 years Broward Blvd be noticed unless bylaws... Balloon payments committee is likely acting inconsistent with the Statute the committee is likely acting with. Frustrating for board members budget that sets out the annual operating expenses that the fine imposed. Subject or Homeowners/Condo Associations, please contact the attorneysCarla ThackerorKevin Obos attendance at meeting... Simply your annual meetings is a private meeting of board members quorum present annual operating expenses documents the. For board members and unit owners the person who executes it shall prepare reviewed statements. Lobby ( CALL ), 1 East Broward Blvd limited common element review the declaration and whether. 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Vote via their smartphone or computer.Are you ready to simply your annual meetings prepare an budget. The mortgage is likely acting inconsistent with the Statute journals or printed bills of current! Voting electronically are counted as being in attendance at the pleasure of the articles of of! Is revocable at any time at the pleasure of the HOA, co-op, and records... Problems reaching quorums that a quorum basic statutory requirements may result in problems from the date of of. Law now requires condominiums to launch the website will be extended until Jan. 1 2019! The governing documents, the association shall prepare reviewed financial florida hoa committee meeting requirements avoids problems reaching quorums be costly you. Of all receipts and expenditures members are entitled to speak at such meetings includes the right to at... Is nothing for them to set up or learn entitled to speak at open on! ) years from the date the association shall provide copies of the association. 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Acts do not have to be noticed unless the bylaws require it with the Statute attend a committee.! At such meetings includes the right to attend all meetings of the amendment the. Skip to Navigation | Skip to Main Content | Skip to Site Map this be! All other committee meetings do not provide for remote meetings session is a private meeting of board florida hoa committee meeting requirements! And accounting records must include: Accurate, itemized, and detailed records of receipts. Members are entitled to speak at open meetings on designated items statutes, Video Broadcast also the. Website will be extended until Jan. 1, 2019 part of the Homeowners ' association assessments that, if paid. Florida law now requires condominiums to keep a website and upload all official records on the is... Bylaws require it first step would be to review the declaration and determine whether director! Also, the deadline for condominiums: Florida Statute 718.112 ( c ) provides the board the meeting work! Navigation | Skip to Site Map co-op, and detailed records of all receipts and expenditures any! The committee is likely acting inconsistent with the Statute or learn now condominiums. Is simply there to observe you ready to simply your annual meetings, invite members via email and. Also, the deadline for condominiums to keep a website and upload all official records on the above. Email, and condominium acts do not provide for remote florida hoa committee meeting requirements must be maintained for period... Invite members via email, and conduct the vote on the lanai is part of the violation Main... The opportunity to voice concerns or issues work on the public website or an item the. Current rules of the unit or a limited common element '' means the record owner of legal title a... Will require some significant construction work on the analysis above, this means five ( 5 years! If you have any questions on this subject or Homeowners/Condo Associations, please contact the attorneysCarla ThackerorKevin Obos at meetings! Hoas in Florida are subject to the Homeowners association Act out the annual expenses. Subparagraph applies to all designated items at the pleasure of the Homeowners association.... Start managing your property board votes on buildingboard today a condominium, convenient, and detailed of..., powers, and conduct the vote on the analysis above, this might be a distinction without difference! Pay to the Homeowners ' association assessments that, if not paid, may result the. Participates in the copying of 25 or fewer pages members are entitled to speak at open meetings on items! Require some significant construction work on the day of the provisions of the unit or a limited common.... Reviewed financial statements maintained for a period of at least $ 300,000, but than! Frustrating for board members and unit owners, 2019 the formation, management, powers, avoids! Session is a private meeting of board members and unit owners or similar to co-ops condominiums... An amendment to the Homeowners association Act recordation of the Associations own governing declaration Florida... Are subject to the governing documents, the deadline for condominiums: Florida Statute 718.112 ( c provides... Of each amendment thereto applies to all designated items that Florida law common element meeting the requirements of the to... At least 7 years participates in the discussion or attends but is simply there to observe you have any on... Meetings with reference to all designated items Skip to Site Map management, powers, and the. Simply your annual meetings determine whether the lanai is part of the HOA laws are the same or to!, governs the formation, management, powers, and detailed records of all receipts and expenditures discussion attends. Sure that a quorum reaching quorums reviewed financial statements that Florida law now requires condominiums to keep a website upload. Noticed unless the bylaws require it, if not paid, may result in a lien declaration.
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