An association that fails to comply with the divisions request may not waive the financial reporting requirement provided in paragraph (d) for the fiscal year in which the unit owners request was made and the following fiscal year. Unconscionability of certain leases; rebuttable presumption. A copy of the current rules of the association. With respect to a timeshare condominium, the timeshare instrument as defined in s. Special assessment means any assessment levied against a unit owner other than the assessment required by a budget adopted annually. Any meeting at which a proposed annual budget of an association will be considered by the board or unit owners shall be open to all unit owners. The ombudsman shall coordinate and assist in the preparation and adoption of educational and reference material, and shall endeavor to coordinate with private or volunteer providers of these services, so that the availability of these resources is made known to the largest possible audience. Separate accounting by the escrow agent of the escrow funds constitutes compliance with this section even if the funds are held by the escrow agent in a single escrow account. 95-211; s. 856, ch. 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. Tenants given such notices shall have a right of first refusal as provided by s. 718.612. Unit means a part of the condominium property which is subject to exclusive ownership. Carry out contracts and collect, pay, and settle debts and claims for and against the association. and Vanessa Fernandez, Esq. 97-102; s. 5, ch. If the members of the board of administration are elected by the bulk owner, unit owners other than the bulk owner may elect at least one-third of the members of the board of administration before the approval of any plan of termination. All notices from tenants to a developer shall be deemed given when deposited in the United States mail, addressed to the developers address as stated in the notice of conversion, and sent postage prepaid, return receipt requested, or when personally delivered in writing by the tenant to the developer at such address. Certain regulations not to be retroactively applied. f.Is there a capital contribution fee, resale fee, transfer fee, or other fee due? A fine may not become a lien against a unit. No amendment to the articles of incorporation or bylaws is valid unless recorded with identification on the first page thereof of the book and page of the public records where the declaration of each condominium operated by the association is recorded. 76-222; s. 58, ch. However, such unit owner remains responsible for the pro rata share of expenses for hurricane shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection installed on common elements and association property by the board pursuant to s. 718.113(5) and remains responsible for a pro rata share of the expense of the replacement, operation, repair, and maintenance of such shutters, impact glass, code-compliant windows or doors, or other types of code-compliant hurricane protection. 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. Committee means a group of board members, unit owners, or board members and unit owners appointed by the board or a member of the board to make recommendations to the board regarding the proposed annual budget or to take action on behalf of the board. If yes, specify the type and the amount of the fee. The lease or other condominium documents require that every transferee of a condominium unit must assume obligations under the lease. Depending on the governing documents and procedures, they can be collected annually, quarterly, or monthly. s. 1, ch. Within 75 days after the unit owners other than the developer are entitled to elect a member or members of the board of administration of an association, the association shall call, and give not less than 60 days notice of an election for the members of the board of administration. The board shall establish the amount of deductibles based upon the level of available funds and predetermined assessment authority at a meeting of the board in the manner set forth in s. 718.112(2)(e). 77-222; s. 857, ch. If the board votes against the proposed activity, the director or officer, or the relative of the director or officer, must notify the board in writing of his or her intention not to pursue the proposed activity or to withdraw from office. If the condominium is a conversion of existing improvements, the statements and disclosure required by s. 718.616. 91-426; s. 11, ch. 98-322; s. 74, ch. A copy of the agreement for escrow of payments made to the developer prior to closing. A developer who sells a condominium parcel that is subject to this part shall disclose in conspicuous type in the contract of sale whether the developer has established converter reserve accounts, provided a warranty of fitness and merchantability, or posted a surety bond for purposes of complying with this section. 90-151; s. 9, ch. 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. The plot plan may be modified by the developer as to unit or building types but, in a residential condominium, only to the extent that such changes are described in the declaration. Bylaws. Such a vote may only be called once every 3 years. A proxy is not valid longer than 90 days after the date of the first meeting for which it was given. If a condominium created on or after July 1, 2000, is or may become part of a multicondominium, the following information must be provided: A statement in conspicuous type in substantially the following form: THIS CONDOMINIUM IS (MAY BE) PART OF A MULTICONDOMINIUM DEVELOPMENT IN WHICH OTHER CONDOMINIUMS WILL (MAY) BE OPERATED BY THE SAME ASSOCIATION. 2013-122. At the time that unit owners other than the developer elect a majority of the members of the board of administration of an association, the developer shall relinquish control of the association, and the unit owners shall accept control. 80-323; s. 1, ch. If the certificate is requested in conjunction with the sale or mortgage of a unit but the closing does not occur and no later than 30 days after the closing date for which the certificate was sought the preparer receives a written request, accompanied by reasonable documentation, that the sale did not occur from a payor that is not the unit owner, the fee shall be refunded to that payor within 30 days after receipt of the request. 2013-188; s. 1, ch. The recreational areas and facilities which will be owned as common elements by all unit owners and all personal property to be provided as each phase is added to the condominium and those facilities or areas which may not be built or provided if any phase or phases are not developed and added as a part of the condominium. 91-103; s. 5, ch. All rental records if the association is acting as agent for the rental of condominium units. 2014-209; s. 2, ch. After notice of contest of lien has been recorded, the clerk of the circuit court shall mail a copy of the recorded notice to the association by certified mail, return receipt requested, at the address shown in the claim of lien or most recent amendment to it and shall certify to the service on the face of the notice. If the funds of a buyer have not been previously disbursed in accordance with the provisions of this subsection, they may be disbursed to the developer by the escrow agent at the closing of the transaction, unless prior to the disbursement the escrow agent receives from the buyer written notice of a dispute between the buyer and developer. 2004-353; s. 37, ch. The division shall refer to local law enforcement authorities any person whom the division believes has altered, destroyed, concealed, or removed any record, document, or thing required to be kept or maintained by this chapter with the purpose to impair its verity or availability in the departments investigation. The developer shall fund the reserve account required by subsection (1), on a pro rata basis upon the sale of each unit. 2013-188; s. 4, ch. For the purpose of any investigation under this chapter, the division director or any officer or employee designated by the division director may administer oaths or affirmations, subpoena witnesses and compel their attendance, take evidence, and require the production of any matter which is relevant to the investigation, including the existence, description, nature, custody, condition, and location of any books, documents, or other tangible things and the identity and location of persons having knowledge of relevant facts or any other matter reasonably calculated to lead to the discovery of material evidence. 6, 33, 34, ch. 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. All alterations or additions made to the condominium property or association property pursuant to s. 718.113(2). As to the personal property that is transferred with, or appurtenant to, each unit, a warranty which is for the same period as that provided by the manufacturer of the personal property, commencing with the date of closing of the purchase or the date of possession of the unit, whichever is earlier. If approved by a majority of the voting interests present at a properly called meeting of the association, an association may prepare: A report of cash receipts and expenditures in lieu of a compiled, reviewed, or audited financial statement; A report of cash receipts and expenditures or a compiled financial statement in lieu of a reviewed or audited financial statement; or. However, the division may adopt, by rule, additional factors for the certification of paid mediators, which must be related to experience, education, or background. s. 6, ch. If provided by the declaration or bylaws, the association may, in addition to such interest, charge an administrative late fee of up to the greater of $25 or 5 percent of each delinquent installment for which the payment is late. In a partial termination, liens that encumber a unit being terminated must be transferred to the proceeds of sale of that portion of the condominium property being terminated which are attributable to such unit. 2001-64; s. 9, ch. Condos and Special Assessments The Good, Bad, and the Tragic After buying a condo, a unit owner will have to pay regular (usually monthly) assessments. An officer or director charged by information or indictment with a crime referenced in this paragraph must be removed from office, and the vacancy shall be filled as provided in s. 718.112(2)(d)2. until the end of the officers or directors period of suspension or the end of his or her term of office, whichever occurs first. All costs arising out of, or related to, the appointment and activities of a receiver or attorney ad litem acting for the owner in the event that the owner is unable to be located. You will then have the full 45 days to decide whether to extend your rental agreement as explained above. This chapter shall be known and may be cited as the Condominium Act.. The deductibles may be based upon available funds, including reserve accounts, or predetermined assessment authority at the time the insurance is obtained. The division has authority to adopt rules pursuant to the Administrative Procedure Act to ensure the efficient and effective transition from developer control of a condominium to the establishment of a unit-owner-controlled association. 79-314; s. 3, ch. If the proposed recall is by an agreement in writing by a majority of all voting interests, the agreement in writing or a copy thereof shall be served on the association by certified mail or by personal service in the manner authorized by chapter 48 and the Florida Rules of Civil Procedure. 2, 3, ch. 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. 90-151; s. 852, ch. Section 718.112 (2) (c)1, Florida Statutes, provides (in material part) The official records of the association are open to inspection by any association member or the authorized representative of such member at all reasonable times. s. 1, ch. The provisions of this paragraph apply only if the first mortgagee joined the association as a defendant in the foreclosure action. That the replacement or renewal at least met the requirements of the then-applicable building code. This section does not prevent or restrict the formation of a multicondominium by the merger or consolidation of two or more condominium associations. The board's response shall either give a substantive response to the inquirer, notify the inquirer that a legal opinion has been requested, or notify the inquirer that . When executed as required by s. 718.104, a declaration together with all exhibits and all amendments is entitled to recordation as an agreement relating to the conveyance of land. If the board fails to duly notice and hold the required meeting or at the conclusion of the meeting determines that the recall is not facially valid, the unit owner representative may file a petition or court action under s. 718.1255 challenging the boards failure to act or challenging the boards determination on facial validity. 78-340; s. 9, ch. TO: (Name and address of association) You are notified that the undersigned contests the claim of lien filed by you on , (year), and recorded in Official Records Book at Page , of the public records of County, Florida, and that the time within which you may file suit to enforce your lien is limited to 90 days from the date of service of this notice. 2000-302; s. 5, ch. In jurisdictions where no certificate of occupancy or equivalent authorization is issued, the term means substantial completion of construction, finishing, and equipping of the building or improvement according to the plans and specifications. unless the association governs 10 units or fewer and has opted out of the statutory election process, in which case the bylaws of the association control. Doing this will give the board members time to explain the decision and allow homeowners to propose recommendations and give feedback. A contract which permits use of the advance payments for these purposes shall include the following legend conspicuously printed or stamped in boldfaced type on the first page of the contract and immediately above the place for the signature of the buyer: ANY PAYMENT IN EXCESS OF 10 PERCENT OF THE PURCHASE PRICE MADE TO DEVELOPER PRIOR TO CLOSING PURSUANT TO THIS CONTRACT MAY BE USED FOR CONSTRUCTION PURPOSES BY THE DEVELOPER. This section is intended to clarify existing law and applies to associations existing on July 1, 2021. s. 59, ch. Generally speaking, an analysis of whether your governing documents or the statute control is a complicated legal question that cant be broadly answered. 94-336; s. 7, ch. 2004-353; s. 7, ch. The association must also post on its website or application any document to be considered and voted on by the owners during the meeting or any document listed on the agenda at least 7 days before the meeting at which the document or the information within the document will be considered. 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 Also, if there's something in Chapter 720, what takes precedence, our covenants or Chapter 720? Special assessments, under the Florida Condominium Act, are those assessments imposed against condominium unit owners, other than those assessments required by the associations annual budget. 81-185; s. 477, ch. Amendments to declarations of condominium providing for the transfer of use rights with respect to limited common elements are not amendments that materially modify unit appurtenances as described in s. 718.110(4). The power to acquire personal property shall be exercised by the board of administration. The amount of the reserve account shall be the product of the estimated current replacement cost of the system, as disclosed and substantiated pursuant to s. 718.616(3)(b), multiplied by a fraction, the numerator of which shall be the lesser of the age of the system in years or 9, and the denominator of which shall be 10. The failure to comply with the provisions of this section renders the contract voidable by the buyer, and, if voided, all sums deposited or advanced under the contract shall be refunded with interest at the highest rate then being paid on savings accounts, excluding certificates of deposit, by savings and loan associations in the area in which the condominium property is located. 79-314; s. 1, ch. Notwithstanding paragraph (a), a condominium in which 75 percent or more of the units are timeshare units may be terminated only pursuant to a plan of termination approved by 80 percent of the total voting interests of the association and the holders of 80 percent of the original principal amount of outstanding recorded mortgage liens of timeshare estates in the condominium, unless the declaration provides for a lower voting percentage. b. 2000-302; s. 20, ch. 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). 86-175; s. 18, ch. A multicondominium association may elect, by a majority vote of the collective members of the condominiums operated by the association, to operate the condominiums as a single condominium for purposes of insurance matters, including, but not limited to, the purchase of the property insurance required by this section and the apportionment of deductibles and damages in excess of coverage. An amendment, other than amendments made by the developer pursuant to ss. FURTHER, YOU MAY EXTEND YOUR RENTAL AGREEMENT AS FOLLOWS: a. 78-340; ss. Notice of any meeting in which regular or special assessments against unit owners . The association shall, upon request, provide the tenant with written receipts for payments made. A date after which the plan of termination is void if it has not been recorded. If the plan of termination is approved by written consent or joinder without a meeting of the unit owners, any unit owner desiring to object to the plan must deliver a written objection to the association within 20 days after the date that the association notifies the nonconsenting owners, in the manner provided in paragraph (15)(a), that the plan of termination has been approved by written action in lieu of a unit owner meeting. 96-396; s. 5, ch. In order for the recording of the secondary condominium declaration to be effective to create the secondary condominium, the board of administration of the primary condominium association, the owner of the subdivided parcel, and all holders of liens on the subdivided parcel must execute the secondary condominium declaration for the purpose of evidencing their approval. 76-222; s. 1, ch. 78-340; s. 4, ch. 97-102; s. 1, ch. 2004-345; s. 49, ch. b. Each other residential tenant shall have the right to extend an expiring rental agreement upon the same terms for a period that will expire no later than 180 days after the date of the written notice of intended conversion. A court may supersede the effect of this subsection by appointing a receiver. Within 10 days after the filing of a petition as provided in this paragraph and in lieu of the requirements of paragraph (15)(a), the petitioner shall record the proposed plan of termination and mail a copy of the proposed plan and a copy of the petition to: If the association has not been dissolved as a matter of law, each member of the board of directors of the association identified in the most recent annual report filed with the Department of State and the registered agent of the association; The managing entity as defined in s. 721.05(22); Each unit owner and each timeshare estate owner at the address reflected in the official records of the association, or, if the association records cannot be obtained by the petitioner, each unit owner and each timeshare estate owner at the address listed in the office of the tax collector for tax notices; and. 97-102; s. 7, ch. 2009-21; s. 17, ch. Upon recording the declaration of condominium pursuant to this section, the developer shall file the recording information with the division within 120 calendar days on a form prescribed by the division. Any provision for use of the leased property by anyone other than unit owners of the condominium to be served by the leased property shall require the other users to pay a fair and reasonable share of the maintenance and repair obligations and other exactions due from users of the leased property. 2014-146; s. 89, ch. 2009-21; s. 10, ch. 2013-122; s. 2, ch. Evidence of compliance with the 14-day notice requirement must be made by an affidavit executed by the person providing the notice and filed with the official records of the association. 91-236; s. 5, ch. 2022-269. The petition must recite, and have attached thereto, supporting proof that the petitioner gave the respondents: Advance written notice of the specific nature of the dispute; A demand for relief, and a reasonable opportunity to comply or to provide the relief; and. Each condominium parcel shall be separately assessed for ad valorem taxes and special assessments as a single parcel. 2000-302; s. 8, ch. In calculating the amounts that are scheduled to become due, the association may assume that any delinquent amounts will remain delinquent during the effective period of the estoppel certificate. Notwithstanding the provisions of paragraph (b), a first mortgagee or its successor or assignees who acquire title to a condominium unit as a result of the foreclosure of the mortgage or by deed in lieu of foreclosure of the mortgage shall be exempt from liability for all unpaid assessments attributable to the parcel or chargeable to the previous owner which came due prior to acquisition of title if the first mortgage was recorded prior to April 1, 1992. This list must include all of the following information: The name of each association with buildings on the condominium property that are three stories or higher in height. If, at the time the bulk assignee acquires title to the units and receives an assignment of developer rights, the developer has not relinquished control of the board of administration, for purposes of determining the timing for transfer of control of the board of administration of the association, a condominium parcel acquired by the bulk assignee is not deemed to be conveyed to a purchaser, or owned by an owner other than the developer, until the condominium parcel is conveyed to an owner who is not a bulk assignee. of the operation of a condominium shall be subject to and in compliance with the provisions of this chapter and all condominium documents, association rules and other . Upon the appointment of a receiver by a court for any reason relating to a condominium association, the court shall direct the receiver to provide to all unit owners written notice of his or her appointment as receiver. 83-339; ss. The filing of a petition for arbitration shall toll the applicable statute of limitations. 83-265; ss. If the plan of termination is voted on at a meeting of the unit owners called in accordance with this subsection, any unit owner desiring to reject the plan must do so by either voting to reject the plan in person or by proxy, or by delivering a written rejection to the association before or at the meeting. Each prospective purchaser who has entered into a contract for the purchase of a condominium unit is entitled, at the sellers expense, to a current copy of all of the following: Articles of incorporation of the association. 80-3; s. 478, ch. Failure to pay the full amount when due shall entitle the association to record a claim of lien against the parcel and proceed in the same manner as provided in this section for the collection of unpaid assessments. The total number of units in all such buildings. In addition to any of the authorized means of providing notice of a meeting of the board, the association may, by rule, adopt a procedure for conspicuously posting the meeting notice and the agenda on a website serving the condominium association for at least the minimum period of time for which a notice of a meeting is also required to be physically posted on the condominium property. Distribution may be made in money, property, or securities and in installments or as a lump sum, if it can be done fairly and ratably and in conformity with the plan of termination. The provisions of this paragraph apply only if the first mortgagee joined the association as a defendant in the foreclosure action. Common expenses means all expenses properly incurred by the association in the performance of its duties, including expenses specified in s. Common surplus means the amount of all receipts or revenues, including assessments, rents, or profits, collected by a condominium association which exceeds common expenses. Specifies those costs incurred in the performance of those services, obligations, or responsibilities which are to be reimbursed by the association to the party contracting to provide maintenance or management services. Fee for the preparation and delivery of the estoppel certificate: 8. All persons who have any record interest in any mortgage encumbering the interest in the land being submitted to condominium ownership must either join in the execution of the declaration or execute, with the requirements for deed, and record, a consent to the declaration or an agreement subordinating their mortgage interest to the declaration. 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. A statement as to whether or not residential buildings and units which are added to the condominium may be substantially different from the residential buildings and units originally in the condominium. No entity or entities shall unreasonably restrict any unit owners right to peaceably assemble or right to invite public officers or candidates for public office to appear and speak in common elements, common areas, and recreational facilities. Notice of meetings of the board of administration; unit owner meetings, except unit owner meetings called to recall board members under paragraph (l); and committee meetings may be given by electronic transmission to unit owners who consent to receive notice by electronic transmission. 95-274; s. 2, ch. 2007-80; s. 10, ch. If this notice is not given at least 45 days before the foreclosure action is filed, and if the unpaid assessments, including those coming due after the claim of lien is recorded, are paid before the entry of a final judgment of foreclosure, the association shall not recover attorney fees or costs. Parking or garage space number, as reflected in the books and records of the association: 5. Every property insurance policy issued or renewed on or after January 1, 2009, for the purpose of protecting the condominium must provide primary coverage for: All portions of the condominium property as originally installed or replacement of like kind and quality, in accordance with the original plans and specifications. 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. Unit owners may consider and adopt a substitute budget at the special meeting. 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