Executed this day of , (year). Residential condominiums may be covered by an insured warranty program underwritten by a licensed insurance company registered in this state, provided that such warranty program meets the minimum requirements of this chapter; to the degree that such warranty program does not meet the minimum requirements of this chapter, such requirements shall apply. An association may operate more than one condominium. For their respective units, all unit owners other than the bulk owner must be compensated at least 100 percent of the fair market value of their units. Thereafter, the tenant shall have no additional right of first refusal. If the association fails to fill the vacancies within 30 days after the notice required by subsection (1) is posted and mailed or delivered, the unit owner may proceed with the petition. All specifications adopted by the board must comply with the applicable building code. 91-103; s. 1, ch. This section does not limit any statutory or common-law right of any individual unit owner or class of unit owners to bring any action without participation by the association which may otherwise be available. The statement of inspection for termite damage and treatment of the existing improvements, if the condominium is a conversion. Arbitration shall be conducted according to rules adopted by the division. 2008-134; s. 48, ch. The developer may reserve the right to add additional facilities or amenities if the declaration and prospectus for each condominium to be operated by the association contains the following statement in conspicuous type and in substantially the following form: RECREATIONAL FACILITIES MAY BE EXPANDED OR ADDED WITHOUT CONSENT OF UNIT OWNERS OR THE ASSOCIATION. 2011-196; s. 4, ch. 2015-97; s. 3, ch. The rate may not exceed the rate allowed by law, and, if no rate is provided in the declaration, interest accrues at the rate of 18 percent per year. 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. 91-116; ss. 77-174; s. 11, ch. An association that meets the criteria of this paragraph shall prepare a complete set of financial statements in accordance with generally accepted accounting principles. 97-102; s. 5, ch. The division shall annually provide each association with a summary of declaratory statements and formal legal opinions relating to the operations of condominiums which were rendered by the division during the previous year. 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. 91-103; s. 5, ch. 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. The participation of condominium associations is essential to the states efforts to conserve and protect the states environmental resources and provide economic savings to drivers. If only one escrow account is used, the escrow agent must maintain separate accounting records for each purchaser and for amounts separately covered under subsections (1) and (2) and, if applicable, released to the developer pursuant to subsection (3). 2014-147. Notwithstanding the requirements of substantial completion provided in this section, this paragraph does not prohibit or impair the validity of a mortgage encumbering units together with an undivided interest in the common elements as described in a declaration of condominium recorded before the recording of a certificate of a surveyor and mapper as provided in this paragraph. Any other item that has a deferred maintenance expense or replacement cost that exceeds $10,000 and the failure to replace or maintain such item negatively affects the items listed in sub-subparagraphs a.-i., as determined by the licensed engineer or architect performing the visual inspection portion of the structural integrity reserve study. 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. The petition or action must be filed within 60 days after the recall. Notwithstanding the provisions of this section or the governing documents of a condominium or a multicondominium association, the board of administration may, without any requirement for approval of the unit owners, install upon or within the common elements or association property solar collectors, clotheslines, or other energy-efficient devices based on renewable resources for the benefit of the unit owners. Any developer who willfully fails to comply with the provisions of this section concerning establishment of an escrow account, deposits of funds into escrow, and withdrawal of funds from escrow is guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084, or the successor thereof. In addition to its enforcement authority, the division may issue a notice to show cause, which must provide for a hearing, upon written request, in accordance with chapter 120. 2010-174; s. 3, ch. If the number of board members whose terms expire at the annual meeting equals or exceeds the number of candidates, the candidates become members of the board effective upon the adjournment of the annual meeting. The division or a court of competent jurisdiction may not accept for filing a recall petition or court action, whether filed under subparagraph 1., subparagraph 2., subparagraph 4., or subparagraph 6., 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 elapsed since the election of the board member sought to be recalled. The official records specified in subparagraphs (a)1.-6. must be permanently maintained from the inception of the association. The written notice must be delivered to the unit owner at least 30 days before the association sends the invoice for assessments or the statement of the account by the new delivery method. 2007-173. Also, upon 30 days written notice, you may cancel any extension of the rental agreement. Voting certificate means a document which designates one of the record title owners, or the corporate, partnership, or entity representative, who is authorized to vote on behalf of a condominium unit that is owned by more than one owner or by any entity. Special assessment means any assessment levied against a unit owner other than the assessment required by a budget adopted annually. The association is not obligated to pay for any reconstruction or repair expenses due to property loss to any improvements installed by a current or former owner of the unit or by the developer if the improvement benefits only the unit for which it was installed and is not part of the standard improvements installed by the developer on all units as part of original construction, whether or not such improvement is located within the unit. (1) CORPORATE ENTITY. The power to acquire personal property shall be exercised by the board of administration. An item not included on the notice may be taken up on an emergency basis by a vote of at least a majority plus one of the board members. 2000-302; s. 1, ch. Within 30 days after a plan of termination has been recorded, the termination trustee shall deliver by certified mail, return receipt requested, notice to all unit owners, lienors of the condominium property, and lienors of all units at their last known addresses that a plan of termination has been recorded. Immediately following this statement, the location in the disclosure materials of the contract for management of the condominium property shall be stated. The stated period must terminate no later than the first day of the fourth calendar month following the month in which the first closing occurs of a purchase contract for a unit in that condominium. 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. The provisions of this subsection are intended to clarify existing law, and shall not be available in any case where the unpaid assessments sought to be recovered by the association are secured by a lien recorded prior to the recording of the mortgage. THE ABOVE DESCRIPTION INCLUDES, BUT IS NOT LIMITED TO, ALL APPURTENANCES TO THE CONDOMINIUM UNIT ABOVE DESCRIBED, INCLUDING THE UNDIVIDED INTEREST IN THE COMMON ELEMENTS OF SAID CONDOMINIUM. Any person initially certified as a paid mediator by the division must, in order to continue to be certified, comply with the factors or requirements adopted by rule. A condominium association may conduct bingo games as provided in s. 849.0931. s. 1, ch. We encourage our readers to refer to the 2021 Legislative Updates posted elsewhere on our website to familiarize themselves with some of the amendments to the statutes. 2000-302; s. 19, ch. 76-222; s. 1, ch. 2007-80. Any developer who is subject to the provisions of this section is not subject to the provisions of s. 501.1375. 2003-14; s. 20, ch. This part may be cited as the Distressed Condominium Relief Act.. Nothing in this subsection shall be construed to bestow upon any lien, mortgage, or certified judgment of record on April 1, 1992, including the lien for unpaid assessments created herein, a priority which, by law, the lien, mortgage, or judgment did not have before that date. Service of process on unit owners may be by publication, but the plaintiff must furnish every unit owner not personally served with process with a copy of the petition and final decree of the court by certified mail, return receipt requested, at the unit owners last known residence address. A declaration recorded after April 1, 1992, may not require the approval of less than a majority of total voting interests of the condominium for amendments under this subsection, unless otherwise required by a governmental entity. Such relief would benefit existing unit owners and condominium associations. A recalled member must turn over to the board, within 10 full business days after the vote, any and all records and property of the association in their possession. b. 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. You owe the interest accruing from (month/year) to the present. If, in any recreation format, whether leasehold, club, or other, any person other than the association has the right to a lien on the units to secure the payment of assessments, rent, or other exactions, there shall appear a statement in conspicuous type in substantially the following form: THERE IS A LIEN OR LIEN RIGHT AGAINST EACH UNIT TO SECURE THE PAYMENT OF RENT AND OTHER EXACTIONS UNDER THE RECREATION LEASE. An association can charge up to $250 to unit owners who are current in their assessments. 2000-302; s. 7, ch. 79-347; ss. 97-102; s. 14, ch. Remedies available to owners with respect to actions by the board which may be abusive or beyond the boards power and authority. Any other permits applicable to the condominium property which have been issued by governmental bodies and are in force or were issued within 1 year prior to the date the unit owners other than the developer took control of the association. Generally speaking, an analysis of whether your governing documents or the statute control is a complicated legal question that cant be broadly answered. The developer shall deposit in the reserve account not less than a percentage of the total amount to be deposited in the reserve account equal to the percentage of ownership of the common elements allocable to the unit sold. 78-340; s. 4, ch. A developer may not close on any contract for sale or contract for a lease period of more than 5 years until the developer prepares and files with the division documents complying with the requirements of this chapter and the rules adopted by the division and until the division notifies the developer that the filing is proper and the developer prepares and delivers all documents required by s. 718.503(1)(b) to the prospective buyer. Unless the bylaws provide otherwise, any remaining vacancies shall be filled by the affirmative vote of the majority of the directors making up the newly constituted board even if the directors constitute less than a quorum or there is only one director. If you have not been a continuous resident of these apartments for the last 180 days and your rental agreement expires during the next 270 days, you may extend your rental agreement for up to 270 days after the date of this notice. An association may prepare, without a meeting of or approval by the unit owners: Compiled, reviewed, or audited financial statements, if the association is required to prepare a report of cash receipts and expenditures; Reviewed or audited financial statements, if the association is required to prepare compiled financial statements; or. 81-185; s. 13, ch. To establish procedures for the creation, sale, and operation of condominiums. No fee may be charged for this information. The share in the common elements appurtenant to a unit cannot be conveyed or encumbered except together with the unit. 81-185; s. 10, ch. Before a developer turns over control of an association to unit owners other than the developer, the developer must have a structural integrity reserve study completed for each building on the condominium property that is three stories or higher in height. 99-3; s. 48, ch. 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. Is there a right of first refusal provided to the members or the association? The failure of the association to post information required under subparagraph 2. is not in and of itself sufficient to invalidate any action or decision of the associations board or its committees. He or she may use the funds for the actual costs incurred by the developer in the construction and development of the condominium property in which the unit to be sold is located. NOTICE OF INTENTTO RECORD A CLAIM OF LIEN. Any unit owner may display one portable, removable United States flag in a respectful way and, on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day, may display in a respectful way portable, removable official flags, not larger than 4. A unit owner may undertake reconstruction work on portions of the unit with the prior written consent of the board of administration. A roster of unit owners and their addresses and telephone numbers, if known, as shown on the developers records. 2008-240; s. 11, ch. s. 1, ch. Board of administration or board means the board of directors or other representative body which is responsible for administration of the association. The notice and hearing requirements under subsection (3) do not apply to suspensions imposed under this subsection. Within 30 days after the associations opt-out vote, notice of the results of the opt-out vote must be mailed or hand delivered to all unit owners. Maintenance; limitation upon improvement; display of flag; hurricane shutters and protection; display of religious decorations. All property insurance deductibles and other damages in excess of property insurance coverage under the property insurance policies maintained by the association are a common expense of the condominium, except that: A unit owner is responsible for the costs of repair or replacement of any portion of the condominium property not paid by insurance proceeds if such damage is caused by intentional conduct, negligence, or failure to comply with the terms of the declaration or the rules of the association by a unit owner, the members of his or her family, unit occupants, tenants, guests, or invitees, without compromise of the subrogation rights of the insurer. 78-340; s. 3, ch. s. 1, ch. This requirement does not apply if there is no condominium property for posting notices. Contain the following legend in conspicuous type: THIS AGREEMENT IS VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYERS INTENTION TO CANCEL WITHIN 15 DAYS AFTER THE DATE OF EXECUTION OF THIS AGREEMENT BY THE BUYER, AND RECEIPT BY BUYER OF ALL OF THE ITEMS REQUIRED TO BE DELIVERED TO HIM OR HER BY THE DEVELOPER UNDER SECTION 718.503, FLORIDA STATUTES. An association shall provide an annual report to the department containing the names of all of the financial institutions with which it maintains accounts, and a copy of such report may be obtained from the department upon written request of any association member. Bylaws means the bylaws of the association as they are amended from time to time. The ombudsman or any employee of his or her office may not become a candidate for election to public office unless he or she first resigns from his or her office or employment. Copyright 2000- 2023 State of Florida. Upon notice to the unit owners, the board shall, by duly adopted rule, designate a specific location on the condominium property where all notices of board meetings must be posted. The acquisition of property by the association and material alterations or substantial additions to such property or the common elements by the association in accordance with s. 718.111(7) or s. 718.113, and amendments providing for the transfer of use rights in limited common elements pursuant to s. 718.106(2)(b) shall not be deemed to constitute a material alteration or modification of the appurtenances to the units. Any payment received by an association must be applied first to any interest accrued by the association, then to any administrative late fee, then to any costs and reasonable attorney fees incurred in collection, and then to the delinquent assessment. Upon payment in full, the person making the payment is entitled to a satisfaction of the lien. By January 1, 2019, an association managing a condominium with 150 or more units which does not contain timeshare units shall post digital copies of the documents specified in subparagraph 2. on its website or make such documents available through an application that can be downloaded on a mobile device. The estimated latest date of completion of constructing, finishing, and equipping. 91-103; s. 5, ch. s. 1, ch. The name by which the condominium property is to be identified, which shall include the word condominium or be followed by the words a condominium.. 86-175; s. 18, ch. 16, 20, ch. The Florida legislature recently passed a law that will require condo boards to set aside reserve funds for repairs beginning in 2025. Any grant or reservation made by a declaration, lease, or other document, and any contract made by an association, whether before or after assumption of control of the association by unit owners other than the developer, that provides for operation, maintenance, or management of a condominium association or property serving the unit owners of a condominium shall not be in conflict with the powers and duties of the association or the rights of the unit owners as provided in this chapter. Before turnover of control of an association by a developer to unit owners other than the developer pursuant to s. 718.301, the developer-controlled association may not vote to use reserves for purposes other than those for which they were intended. If the association has the authority to maintain a class action, the association may be joined in an action as representative of that class with reference to litigation and disputes involving the matters for which the association could bring a class action. 718.503 and 718.504 to be furnished to each prospective buyer or lessee for a period of more than 5 years shall be provided to any such person who has not, prior to May 1, 1980, been furnished the documents, prospectus, or offering circular required by ss. 90-151; s. 22, ch. Notwithstanding when the certificate of occupancy was issued or the height of the building, a milestone inspection report in compliance with s. 553.899 included in the official records, under seal of an architect or engineer authorized to practice in this state, and attesting to required maintenance, condition, useful life, and replacement costs of the following applicable condominium property comprising a turnover inspection report: Structure, including load-bearing walls and primary structural members and primary structural systems as those terms are defined in s. 627.706. 2010-174; s. 6, ch. In addition to such other information as the division considers helpful to a prospective purchaser in understanding association governance, the governance form shall address the following subjects: The role of the board in conducting the day-to-day affairs of the association on behalf of, and in the best interests of, the owners. c.The next installment of the regular periodic assessment is due (insert due date) in the amount of $. To unit owners, the proceeds of any sale of condominium property subject to satisfaction of liens on each unit in their order of priority, in shares specified in the plan of termination, unless objected to by a unit owner or lienor as provided in paragraph (b). All Rights Reserved. 2013-188; s. 10, ch. 91-103; ss. Subsequent to recording the declaration and while the property remains subject to the declaration, no liens of any nature are valid against the condominium property as a whole except with the unanimous consent of the unit owners. 85-62; s. 1, ch. 2010-174; s. 3, ch. Directors may not vote by proxy or by secret ballot at board meetings, except that officers may be elected by secret ballot. Any member may make a motion to cancel the contract, but if no motion is made or if such motion fails to obtain the required majority at the next regular or special meeting, whichever occurs first, following the making of the contract, such contract shall be deemed ratified for the term therein expressed. 76-168; ss. Fee for the preparation and delivery of the estoppel certificate: 8. For the purposes of this section, the term common areas means stairwells and exposed, outdoor walkways and corridors, but does not include individual balconies. Simultaneously, or for the purposes of paragraph (c) not more than 90 days thereafter, the developer shall deliver to the association, at the developers expense, all property of the unit owners and of the association which is held or controlled by the developer, including, but not limited to, the following items, if applicable, as to each condominium operated by the association: The original or a photocopy of the recorded declaration of condominium and all amendments thereto. 2014-133; s. 11, ch. Fifteen percent of the total voting interests in a condominium association, or six unit owners, whichever is greater, may petition the ombudsman to appoint an election monitor to attend the annual meeting of the unit owners and conduct the election of directors. Such meeting and approval must occur before the end of the fiscal year and is effective only for the fiscal year in which the vote is taken, except that the approval may also be effective for the following fiscal year. All such notices shall be given within a 72-hour period. Summary: The next page must contain all statements required to be in conspicuous type in the prospectus or offering circular. 2008-28; s. 4, ch. From the inception of the association, the association shall maintain each of the following items, if applicable, which constitutes the official records of the association: A copy of the plans, permits, warranties, and other items provided by the developer under s. 718.301(4). With respect to an existing multicondominium association, any amendment to change the fractional or percentage share of liability for the common expenses of the association and ownership of the common surplus of the association must be approved by at least a majority of the total voting interests of each condominium operated by the association unless the declarations of all condominiums operated by the association uniformly require approval by a greater percentage of the voting interests of each condominium. If the petition for enforcement is granted, the petitioner shall recover reasonable attorney fees and costs incurred in enforcing the arbitration award. Based upon advice of emergency management officials or public health officials, or upon the advice of licensed professionals retained by or otherwise available to the board, determine whether the condominium property, association property, or any portion thereof can be safely inhabited, accessed, or occupied. 2005-2; s. 7, ch. The association shall have the right to adopt rules to prohibit dual usage by a unit owner and a tenant of association property and common elements otherwise readily available for use generally by unit owners. 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. The original declaration of condominium, or an amendment to the declaration, which amendment has been approved by all unit owners and unit mortgagees and the developer, shall describe: The land which may become part of the condominium and the land on which each phase is to be built. With respect to condominiums created on or after October 1, 1994, the bylaws shall include a provision granting the association a limited power to convey a portion of the common elements to a condemning authority for the purpose of providing utility easements, right-of-way expansion, or other public purposes, whether negotiated or as a result of eminent domain proceedings. 90-151; s. 2, ch. For purposes of this paragraph, a unit is presumed to be abandoned if: The unit is the subject of a foreclosure action and no tenant appears to have resided in the unit for at least 4 continuous weeks without prior written notice to the association; or. Copies of the following, to the extent they are applicable, shall be included as exhibits: The declaration of condominium, or the proposed declaration if the declaration has not been recorded. Voting certificate means a document which designates one of the record title owners, or the corporate, partnership, or entity representative, who is authorized to vote on behalf of a condominium unit that is owned by more than one owner or by any entity. 2008-28; s. 4, ch. s. 18, ch. Therefore, the Legislature finds and declares that prohibiting such lawsuits by governmental entities, business entities, and individuals against condominium unit owners who address matters concerning their condominium association will preserve this fundamental state policy, preserve the constitutional rights of condominium unit owners, and ensure the continuation of representative government in this state. 2021-99; s. 22, ch. 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