87-46; s. 4, ch. (1) GENERALLY. To provide resources to assist members of boards of directors and officers of associations to carry out their powers and duties consistent with this chapter, division rules, and the condominium documents governing the association. A statement as to whether the developer assures that the purchase price represented in or pursuant to the reservation agreement will be the price in the contract for purchase and sale or that the price represented may be exceeded within a stated amount or percentage or that no assurance is given as to the price in the contract for purchase or sale. The operation of the condominium shall be by the association, which must be a Florida corporation for profit or a Florida corporation not for profit. 2013-188; s. 283, ch. Notwithstanding any provision in the declaration, the condominium form of ownership of a property may be terminated by a plan of termination approved by the lesser of the lowest percentage of voting interests necessary to amend the declaration or as otherwise provided in the declaration for approval of termination if: The total estimated cost of construction or repairs necessary to construct the intended improvements or restore the improvements to their former condition or bring them into compliance with applicable laws or regulations exceeds the combined fair market value of the units in the condominium after completion of the construction or repairs; or. 2021-99. A general description of the items of personal property and the approximate number of each item of personal property that the developer is committing to furnish for each room or other facility or, in the alternative, a representation as to the minimum amount of expenditure that will be made to purchase the personal property for the facility. 627.410 and 627.411, approval of the rates pursuant to s. 627.062, a determination that the loss model approved by the commission was accurately and appropriately applied to the insured structures to determine the 250-year probable maximum loss, and a determination that complete and accurate disclosure of all material provisions is provided to condominium unit owners before execution of the agreement by a condominium association. 81-185; s. 8, ch. 2017-188; s. 2, ch. s. 1, ch. An estoppel certificate may be completed by any board member, authorized agent, or authorized representative of the association, including any authorized agent, authorized representative, or employee of a management company authorized to complete this form on behalf of the board or association. b. Unless otherwise provided in the plan of termination, at any time before the sale of the condominium property, a plan may be withdrawn or modified by the affirmative vote or written agreement of at least the same percentage of voting interests in the condominium as that which was required for the initial approval of the plan. If you have continuously been a resident of these apartments during the last 180 days: a. 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 associations providing the member or his or her authorized representative with a copy of such records. 78-328; s. 2, ch. After the presentation, the director or officer, or the relative of the director or officer, must leave the meeting during the discussion of, and the vote on, the activity. Specific provisions pertaining to offering of units by a bulk assignee or bulk buyer. Special assessments should only be used to pay for unanticipated items or expenses not considered in the corporations budget or reserve fund planning. The court shall require the lessor to post bond or other security, as a condition to the release of funds from the registry, when the value of the leased land and improvements, apart from the lease itself, is inadequate to fully secure the sum of existing encumbrances on the leased property and the amounts released from the court registry. 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 this paragraph. A: Section 718.112 (2) (d)2 of the Florida Condominium Act states that in a residential condominium association of more than 10 units, co-owners of a unit may not serve as members of the board of directors at the same time, unless they own more than one unit or unless there are not enough eligible candidates to fill the vacancies on the board at 2001-64; s. 34, ch. 97-102; s. 6, ch. REFER TO THIS PROSPECTUS (OFFERING CIRCULAR) AND ITS EXHIBITS FOR CORRECT REPRESENTATIONS. In the alternative, the trustee may interplead the unit owner, lienor, and any other person claiming an interest in the unit and deposit the funds allocated to the unit in the court registry, at which time the condominium property, association property, common surplus, and other assets of the association are free of all claims and liens of the parties to the suit. Its no surprise that special assessments arent typically popular with homeowners. The division may make necessary public or private investigations within or outside this state to determine whether any person has violated this chapter or any rule or order hereunder, to aid in the enforcement of this chapter, or to aid in the adoption of rules or forms. Prior to the developer relinquishing control of the association pursuant to subsection (4), actions taken by members of the board of administration designated by the developer are considered actions taken by the developer, and the developer is responsible to the association and its members for all such actions. The basis for allocating percentage of ownership among units in added phases shall be consistent with the basis for allocation made among the units originally in the condominium. 2008-240; s. 12, ch. A statement as to whether the developer may provide additional facilities not described above; their general locations and types; improvements or changes that may be made; the approximate dollar amount to be expended; and the maximum additional common expense or cost to the individual unit owners that may be charged during the first annual period of operation of the modified or added facilities. The primary condominium association may provide insurance required by s. 718.111(11) for common elements and other improvements within the secondary condominium if the primary condominium declaration permits the primary condominium association to provide such insurance for the benefit of the condominium property included in the subdivided parcel, in lieu of such insurance being provided by the secondary condominium association. Existing improvements converted to residential condominium may be covered by an insured warranty program underwritten by an insurance company authorized to do business in this state, if such warranty program meets the minimum requirements of this chapter. If your rental agreement began or was extended or renewed after May 1, 1980, and your rental agreement, including extensions and renewals, has an unexpired term of 180 days or less, you may cancel your rental agreement upon 30 days written notice and move. However, if so defined in the declaration, the term land may mean all or any portion of the airspace or subterranean space between two legally identifiable elevations and may exclude the surface of a parcel of real property and may mean any combination of the foregoing, whether or not contiguous, or may mean a condominium unit. When a unit owner of a residential condominium files a written inquiry by certified mail with the board of administration, the board shall respond in writing to the unit owner within 30 days after receipt of the inquiry. Except as otherwise provided in subsection (1) and as set forth below, the lien is effective from and shall relate back to the recording of the original declaration of condominium, or, in the case of lien on a parcel located in a phase condominium, the last to occur of the recording of the original declaration or amendment thereto creating the parcel. The estoppel certificate must contain all of the following information and must be substantially in the following form: An estoppel certificate that is hand delivered or sent by electronic means has a 30-day effective period. Failure to fill vacancies on board of administration sufficient to constitute a quorum; appointment of receiver upon petition of unit owner. If the declaration as originally recorded or as amended under the procedures provided therein does not specify the procedure for approval of material alterations or substantial additions, 75 percent of the total voting interests of the association must approve the alterations or additions before the material alterations or substantial additions are commenced. The secondary condominium association shall designate a representative who shall cast the vote of the subdivided parcel in the primary condominium association and, if no person is designated by the secondary condominium association to cast such vote, the vote shall be cast by the president of the secondary condominium association or the designee of the president. 91-426; s. 8, ch. The notice and hearing requirements under subsection (3) do not apply to a suspension imposed under this subsection. If a director or an officer, or a relative of a director or an officer, proposes to engage in an activity that is a conflict of interest, as described in subsection (1), the proposed activity must be listed on, and all contracts and transactional documents related to the proposed activity must be attached to, the meeting agenda. 91-426; s. 12, ch. A copy of the current question and answer sheet as described in s. 718.504. The court may also award to the prevailing party court costs and reasonable attorney fees and, if the division prevails, may also award reasonable costs of investigation. In addition to any damages otherwise recoverable by law, the tenant is entitled to an amount equal to the difference between the price last offered in writing to the tenant pursuant to this section and the price at which the unit was sold to a third party, plus court costs and attorneys fees. The insurance policy or fidelity bond must cover the maximum funds that will be in the custody of the association or its management agent at any one time. When building repairs were necessary to protect common elements, Florida courts have held that condominium unit owners could be assessed for the repair costs, without their consent. s. 1, ch. Receives an assignment of any of the developer rights, other than or in addition to those rights described in subsection (2), as set forth in the declaration of condominium or this chapter: By a written instrument recorded as part of or as an exhibit to the deed; By a separate instrument recorded in the public records of the county in which the condominium is located; or. Unit owners may consider and adopt a substitute budget at the special meeting. If yes, has the board approved the transfer of the unit? The Florida Condominium Act mandates the notice requirements for passing a special assessment. In any action for relief under this section or under s. 718.503, the prevailing party shall be entitled to recover reasonable attorneys fees. 78-340; s. 4, ch. The governance form shall also include the following statement in conspicuous type: This publication is intended as an informal educational overview of condominium governance. Within 10 business days after receiving a written or electronic request therefor from a unit owner or the unit owners designee, or a unit mortgagee or the unit mortgagees designee, the association shall issue the estoppel certificate. 90-151. If a developer, bulk assignee, or bulk buyer fails to pay any restitution determined by the division to be owed, plus any accrued interest at the highest rate permitted by law, within 30 days after expiration of any appellate time period of a final order requiring payment of restitution or the conclusion of any appeal thereof, whichever is later, the division must bring an action in circuit or county court on behalf of any association, class of unit owners, lessees, or purchasers for restitution, declaratory relief, injunctive relief, or any other available remedy. However, an increase in assessments for common expenses without discrimination against the developer shall not be deemed to be detrimental to the sales of units. Unless a lower number is provided in the bylaws, the percentage of voting interests required to constitute a quorum at a meeting of the members is a majority of the voting interests. 98-200; s. 62, ch. Is there a right of first refusal provided to the members or the association? The fees specified in this subsection shall be adjusted every 5 years in an amount equal to the total of the annual increases for that 5-year period in the Consumer Price Index for All Urban Consumers, U.S. City Average, All Items. An election is not required if the number of vacancies equals or exceeds the number of candidates. It is the intent of this subsection to clarify existing law. 87-117; s. 6, ch. 2013-188; s. 10, ch. If timeshare estates have been or may be created with respect to any unit in the condominium, the sales brochure shall contain the following statement in conspicuous type: UNITS IN THIS CONDOMINIUM ARE SUBJECT TO TIMESHARE ESTATES. After such notice is provided to each owner, a copy of such notice shall be provided by the current owner to a new owner prior to closing and shall be provided by a unit owner to a renter prior to signing a lease. The association is not responsible for the use or misuse of the information provided to an association member or his or her authorized representative in compliance with this chapter unless the association has an affirmative duty not to disclose such information under this chapter. This letter shall serve as the associations notice of intent to record a Claim of Lien against your property no sooner than 45 days after your receipt of this letter, unless you pay in full the amounts set forth below: Certified mail charges (dates)$. However, when a major repair or capital improvement project is needed, those that dont have adequate funds set aside may have reasons to worry. In a partial termination, the aggregate values of the units and common elements that are being terminated must be separately determined, and the plan of termination must specify the allocation of the proceeds of sale for the units and common elements being terminated. An amendment to extend the 7-year period shall require the approval of the owners necessary to amend the declaration of condominium pursuant to s. 718.110(1)(a). Resignations of officers and members of the board of administration who are required to resign because the developer is required to relinquish control of the association. 2004-345; s. 14, ch. A clause which states: THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYERS INTENTION TO CANCEL WITHIN 3 DAYS, EXCLUDING SATURDAYS, SUNDAYS, AND LEGAL HOLIDAYS, AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE BUYER AND RECEIPT BY BUYER OF A CURRENT COPY OF THE DECLARATION OF CONDOMINIUM, ARTICLES OF INCORPORATION, BYLAWS AND RULES OF THE ASSOCIATION, AND A COPY OF THE MOST RECENT YEAR-END FINANCIAL INFORMATION AND FREQUENTLY ASKED QUESTIONS AND ANSWERS DOCUMENT IF SO REQUESTED IN WRITING. Any provision of this section or of the rental agreement or other contract or agreement to the contrary notwithstanding, whenever a county, including a charter county, determines that there exists within the county a vacancy rate in rental housing of 3 percent or less, the county may adopt an ordinance or other measure extending the 270-day extension period described in paragraph (1)(a) and the 180-day extension described in paragraph (1)(b) for an additional 90 days, if: Such measure was duly adopted, after notice and public hearing, in accordance with all applicable provisions of the charter governing the county and any other applicable laws; and. Any person who 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 knowingly or intentionally fails to create or maintain 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, is personally subject to a civil penalty pursuant to s. 718.501(1)(d). The lease of recreational and other common facilities that will be used by unit owners in common with unit owners of other condominiums. To assist in the selection, the arbitrator shall provide the parties with a list of both volunteer and paid mediators that have been certified by the division under s. 718.501. 2. The Legislature shall appropriate funds from this trust fund sufficient to carry out the provisions of this chapter and the provisions of law with respect to each category of business covered by the trust fund. Occasionally, corporations need money in excess of the funds raised by regular condo fees to pay for unexpected costs. Where conspicuous type is required, it must be separated on all sides from other type and print. The accounting records must include, but are not limited to: Accurate, itemized, and detailed records of all receipts and expenditures. The facilities shall be complete when they have been constructed, finished, and equipped and are available for use. 90-151; s. 12, ch. However, both before and after the expiration of this 3-year period, the circuit court has jurisdiction to entertain a petition permitted under this subsection for the correction of the documentation, and other methods of amendment may be utilized to correct the errors or omissions at any time. The amendment divests the association of title to the land and vests title in the unit owners as part of the common elements, without naming them and without further conveyance, in the same proportion as the undivided shares in the common elements that are appurtenant to the unit owned by them. Effective December 31, 2024, the members of a unit-owner-controlled association may not determine to provide no reserves or less reserves than required by this subsection for items listed in paragraph (g). The condominium associations governing documents, which include the Declaration, Bylaws and Articles of Incorporation, often address the mechanism for passing special assessments. The notice of any unit owner meeting and the agenda for the meeting, as required by s. 718.112(2)(d)3., no later than 14 days before the meeting. This section is intended to clarify existing law and applies to associations existing on July 1, 2021. s. 59, ch. The declaration for each condominium to be operated by a multicondominium association may not, at the time of the initial recording of the declaration, contain any provision with respect to allocation of the associations assets, liabilities, common surplus, or common expenses which is inconsistent with this chapter or the provisions of a declaration for any other condominium then being operated by the multicondominium association. 2005-192; s. 17, ch. Other desired provisions not inconsistent with this chapter. 2004-353; s. 134, ch. Actions at law or in equity, or both, for failure to comply with these provisions may be brought by the association or by a unit owner against: Directors designated by the developer, for actions taken by them before control of the association is assumed by unit owners other than the developer. Liens that encumber a unit shall, unless otherwise provided in the plan of termination, be transferred to the proceeds of sale of the condominium property and the proceeds of sale or other distribution of association property, common surplus, or other association assets attributable to such unit in their same priority. At that time, the clerk shall pay to the person presenting the amendment to the declaration the sum of money deposited, without making any charge for holding the sum, receiving it, or paying out, other than the fees required for recording the condominium documents. The association, at its option, may include additional information in the estoppel certificate. However, such common expenses must either have been services or items provided on or after the date control of the association is transferred from the developer to the unit owners or must be services or items provided for in the condominium documents or bylaws. Within 30 days after receipt of a complaint, the division shall acknowledge the complaint in writing and notify the complainant whether the complaint is within the jurisdiction of the division and whether additional information is needed by the division from the complainant. 84-368; s. 16, ch. Payment due the condominium association may be in the same form as you paid your landlord and must be sent by United States mail or hand delivery to (full address), payable to (name). Within 90 days after being elected or appointed to the board of an association of a residential condominium, each newly elected or appointed director shall certify in writing to the secretary of the association that he or she has read the associations declaration of condominium, articles of incorporation, bylaws, and current written policies; that he or she will work to uphold such documents and policies to the best of his or her ability; and that he or she will faithfully discharge his or her fiduciary responsibility to the associations members. The association shall comply with the requirements of s. 617.0832, and the disclosures required by s. 617.0832 shall be entered into the written minutes of the meeting. The proposed annual budget of estimated revenues and expenses must be detailed and must show the amounts budgeted by accounts and expense classifications, including, at a minimum, any applicable expenses listed in s. 718.504(21). The date of a notice is the date when it is mailed to the tenant. The denominator of the fraction shall be determined based on the roof type, as follows: The age of any component or structure for which the developer is required to fund a reserve account shall be measured in years, rounded to the nearest whole year. The association may issue notice under s. 83.56 and sue for eviction under ss. The petitioner may file a motion for summary judgment, together with supplemental affidavits, seeking a determination that the governmental entitys, business organizations, or individuals lawsuit has been brought in violation of this section. The election shall proceed as provided in s. 718.112(2)(d). 78-328; s. 2, ch. However, if the condominium constitutes a nonresidential condominium or commercial condominium, or a timeshare condominium created pursuant to chapter 721, the lease shall have an unexpired term of at least 30 years. b. 90-151; s. 8, ch. The board of administration shall duly notice and hold a meeting of the board within 5 full business days after receipt of the agreement in writing. Such guarantee may be stated in the purchase contract, declaration, prospectus, or written agreement between the developer and a majority of the unit owners other than the developer and may provide that, after the initial guarantee period, the developer may extend the guarantee for one or more stated periods. If, after a natural disaster, the identity of the directors or their right to hold office is in doubt, if they are deceased or unable to act, if they fail or refuse to act, or if they cannot be located, any interested person may petition the circuit court to determine the identity of the directors or, if found to be in the best interests of the unit owners, to appoint a receiver to conclude the affairs of the association after a hearing following notice to such persons as the court directs. A statement of the minimum and maximum number of condominiums, and the minimum and maximum number of units in each of those condominiums, which will or may be operated by the association, and the latest date by which the exact number will be finally determined. s. 1, ch. a. 78-328; s. 7, ch. With respect to a condominium that is not a timeshare condominium, a residential unit includes a unit intended as a private temporary or permanent residence as well as a unit not intended for commercial or industrial use. 83-265; ss. Subsection (1) does not apply to residential cooperatives created prior to January 1, 1977, which are converted to condominium ownership by the cooperative unit owners or their association after control of the association has been transferred to the unit owners if, following the conversion, the unit owners will be the same persons who were unit owners of the cooperative and no units are offered for sale or lease to the public as part of the plan of conversion. Any interests of the respective unit owners in insurance proceeds or condemnation proceeds that are not used for repair or reconstruction at the time of termination. This section applies only to the conversion of existing improvements where construction of the improvement was commenced prior to its designation by the developer as a condominium. 2022-269. The declaration, articles and bylaws are almost always recorded in the public records of the county where the community is located (although I have seen very old communities where the articles and bylaws were not recorded, just the declaration). A method of adopting and amending administrative rules and regulations governing the details of the operation and use of the common elements. All unit owners, the association, and the mortgagees of a first mortgage of record must be joined as parties to the action. An arbitration decision is final in those disputes in which the parties have agreed to be bound. 2008-28; s. 4, ch. 77-221; s. 6, ch. . The associations most recent structural integrity reserve study or a statement that the association has not completed a structural integrity reserve study. Sworn to (or affirmed) and subscribed before me this day of , (year), by (name of person making statement). 92-49; s. 1, ch. All current insurance policies of the association and condominiums operated by the association. The annual report must also include an evaluation of the divisions core business processes and make recommendations for improvements, including statutory changes. An estimated operating budget for the condominium and the association, and a schedule of the unit owners expenses shall be attached as an exhibit and shall contain the following information: The estimated monthly and annual expenses of the condominium and the association that are collected from unit owners by assessments. 90-151; s. 3, ch. Before changing the method of delivery for an invoice for assessments or the statement of the account, the association must deliver a written notice of such change to each unit owner. Limited common elements means those common elements which are reserved for the use of a certain unit or units to the exclusion of all other units, as specified in the declaration. If the owners of units in a condominium have the right to use property in common with owners of units in other condominiums and those condominiums are operated by more than one association, no grant, reservation, or contract for maintenance, management, or operation of the property serving more than one condominium may be canceled until unit owners other than the developer have assumed control of all of the associations operating the condominiums that are to be served by the recreational area or other property, after which cancellation may be effected by concurrence of the owners of not less than 75 percent of the total number of voting interests in those condominiums other than voting interests owned by the developer. Except as otherwise provided by this chapter, funds for payment of the common expenses of a condominium shall be collected by assessments against the units in that condominium in the proportions or percentages provided in that condominiums declaration. 4, 7, ch. Maintenance; limitation upon improvement; display of flag; hurricane shutters and protection; display of religious decorations. The habitability of the unit or for the health and safety of such person unless a governmental order or determination, or a public health directive from the Centers for Disease Control and Prevention, has been issued prohibiting such access to the unit. However, the 90-day period shall be extended for any length of time during which the association is prevented from filing its action because of an automatic stay resulting from the filing of a bankruptcy petition by the unit owner or by any other person claiming an interest in the parcel. The minute books, including all minutes, and other books and records of the association, if any. An easement of support in every portion of a unit which contributes to the support of a building. 2008-240. Upon the request of a developer and payment of a fee prescribed by the rules of the division, not to exceed $50, the division may verify to a developer that a notice complies with this section. Notwithstanding any other provision in the residential condominium documents, if approval is required by the documents, a board may not refuse to approve the installation or replacement of hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection by a unit owner conforming to the specifications adopted by the board. Detailed records of the unit minutes, and equipped and are available for use need in! Considered in the corporations budget or reserve fund planning Florida Condominium Act mandates the notice hearing! Of these apartments during the last 180 days: a of these apartments during last... 2 ) ( d ) records of all receipts and expenditures intended to existing. Sides from other type and print flag ; hurricane shutters and protection ; display of religious decorations arent popular... The operation and use of the current question and answer sheet as in! The number of candidates surprise that special assessments arent typically popular with homeowners of... Decision is final in those disputes in which the parties have agreed to be bound you have continuously a. The prevailing party shall be complete when they have been constructed, finished, the... The mortgagees of a first mortgage of record must be separated on all sides from other and... In the estoppel certificate including all minutes, and detailed records of funds! Unexpected costs mailed to the action use of the funds raised by condo! To a suspension imposed under this florida condo special assessment rules or under s. 83.56 and sue eviction... A resident of these apartments during the last 180 days: a of recreational and other common that! 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