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. 76-168; s. 1, ch. 67-229; s. 2, ch. Division means the Division of Florida Condominiums, Timeshares, and Mobile Homes of the Department of Business and Professional Regulation. 79-400; s. 2, ch. A description of the terms of the lease or other agreements, including the length of the term; the rent payable, directly or indirectly, by each unit owner, and the total rent payable to the lessor, stated in monthly and annual amounts for the entire term of the lease; and a description of any option to purchase the property leased under any such lease, including the time the option may be exercised, the purchase price or how it is to be determined, the manner of payment, and whether the option may be exercised for a unit owners share or only as to the entire leased property. 91-103; ss. The use of a power of attorney that affects any aspect 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 rules adopted pursuant to this chapter, and all other covenants, conditions, and restrictions in force at the time of the execution of the power of attorney. The association shall, upon request, provide the tenant with written receipts for payments made. In addition to those disclosures described by ss. 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. A mediation settlement may also be enforced through the county or circuit court, as applicable, and any costs and fees incurred in the enforcement of a settlement agreement reached at mediation must be awarded to the prevailing party in any enforcement action. The maximum number of units that will use facilities in common with the condominium. THIS AGREEMENT IS ALSO VOIDABLE BY BUYER BY DELIVERING WRITTEN NOTICE OF THE BUYERS INTENTION TO CANCEL WITHIN 15 DAYS AFTER THE DATE OF RECEIPT FROM THE DEVELOPER OF ANY AMENDMENT WHICH MATERIALLY ALTERS OR MODIFIES THE OFFERING IN A MANNER THAT IS ADVERSE TO THE BUYER. 84-368; s. 12, ch. A date after which the plan of termination is void if it has not been recorded. A statement in conspicuous type describing whether the condominium is created and being sold as fee simple interests or as leasehold interests. If for any reason such transaction is not concluded within the 60 days, the offer shall have been abandoned, and the provisions of this subsection shall be reimposed. 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. Funds shall be released from escrow as follows: If a buyer properly terminates the contract pursuant to its terms or pursuant to this chapter, the funds shall be paid to the buyer together with any interest earned. This relief does not exclude other remedies provided by law. An arbitrators failure to render a written decision within 30 days after the hearing may result in the cancellation of his or her arbitration certification. Whether unit owners in any other condominium, or any other persons, will or may have the right to use recreational areas or any other facilities or amenities that are common elements of the condominium, and, if so, the specific formula by which the other users will share the common expenses related to those facilities or amenities. The description includes all appurtenances to the unit concerned, whether or not separately described, including, but not limited to, the undivided share in the common elements appurtenant thereto. 98-195; s. 50, ch. The minimum and maximum numbers and general size of units to be included in each phase. To monitor and review procedures and disputes concerning condominium elections or meetings, including, but not limited to, recommending that the division pursue enforcement action in any manner where there is reasonable cause to believe that election misconduct has occurred and reviewing secret ballots cast at a vote of the association. The association must provide the tenant a notice, by hand delivery or United States mail, in substantially the following form: The association must mail written notice to the unit owner of the associations demand that the tenant make payments to the association. A declaration of servitude of properties serving the condominium but not owned by unit owners or leased to them or the association. A vote to forego retrofitting may not be obtained by general proxy or limited proxy, but shall be obtained by a vote personally cast at a duly called membership meeting, or by execution of a written consent by the member, and shall be effective upon the recording of a certificate attesting to such vote in the public records of the county where the condominium is located. Sell at public or private sale or exchange, convey, or otherwise dispose of assets of the association for an amount deemed to be in the best interests of the association, and execute bills of sale and deeds of conveyance in the name of the association. Any such assessment shall be in accordance with s. 718.115(2) or (4), as applicable. However, if broadcast notice is used in lieu of a notice posted physically on the condominium property, the notice and agenda must be broadcast at least four times every broadcast hour of each day that a posted notice is otherwise required under this section. The division shall adopt a rule establishing procedures for the appointment of election monitors and the scope and extent of the monitors role in the election process. 76-222; s. 1, ch. Unless the declaration expressly addresses the distribution of insurance proceeds or condemnation proceeds, the plan of termination may apportion those proceeds pursuant to any method prescribed in subsection (12). Unconscionability of certain leases; rebuttable presumption. 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. Unit owners are responsible for the cost of reconstruction of any portions of the condominium property for which the unit owner is required to carry property insurance, or for which the unit owner is responsible under paragraph (j), and the cost of any such reconstruction work undertaken by the association is chargeable to the unit owner and enforceable as an assessment and may be collected in the manner provided for the collection of assessments pursuant to s. 718.116. 2017-188; s. 2, ch. An association may not require payment of attorney fees related to a past due assessment without first delivering a written notice of late assessment to the unit owner which specifies the amount owed the association and provides the unit owner an opportunity to pay the amount owed without the assessment of attorney fees. Joint Administrative Procedures Committee (JAPC), Joint Committee on Public Counsel Oversight(JCPO), Joint Legislative Auditing Committee (JLAC), Joint Legislative Budget Commission (JLBC), Joint Select Committee on Collective Bargaining (JSCB), Office of Program Policy Analysis & Government Accountability (OPPAGA), Florida Legislative Committee on Intergovernmental Relations (LCIR), Joint Legislative Committee on Everglades Oversight (JCEO), Joint Legislative Sunset Committee (JCSC), Copyright 1995-2023 The Florida Legislature . An officer of the association, or the manager or other person providing notice of the association meeting, must provide an affidavit or United States Postal Service certificate of mailing, to be included in the official records of the association affirming that the notice was mailed or hand delivered in accordance with this provision. 2021-99. L. No. s. 1, ch. 2013-122. 91-103; s. 5, ch. As to all other improvements for the use of unit owners, a 3-year warranty commencing with the date of completion of the improvements. Electronic security measures that are used by the association to safeguard data, including passwords. Condominiums are created as authorized by statute and are subject to covenants that encumber the land and restrict the use of real property. Assessments; liability; lien and priority; interest; collection. 2000-302; s. 7, ch. Unless the bylaws provide otherwise, a vacancy on the board caused by the expiration of a directors term must be filled by electing a new board member, and the election must be by secret ballot. On June 16, 2021, Governor DeSantis approved the final version of Senate Bill 56: Community Association Assessment Notices (SB 56). 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. If a condominium board votes to pass a special assessment, such a decision will be subject to the business judgment rule. 78-328; s. 17, ch. 81-318; ss. 84-368; s. 1, ch. 78-340; s. 9, ch. 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. If a photocopy is provided, it must be certified by affidavit of the developer or an officer or agent of the developer as being a complete copy of the actual recorded declaration. The association or its authorized agent is not required to provide a prospective purchaser or lienholder with information about the condominium or the association other than information or documents required by this chapter to be made available or disclosed. The division may petition the court for appointment of a receiver or conservator. Copies of documents to be furnished to prospective buyer or lessee. Upon the recording of the declaration, or an amendment adding a phase to the condominium under s. 718.403(6), all units described in the declaration or phase amendment as being located in or on the land then being submitted to condominium ownership shall come into existence, regardless of the state of completion of planned improvements in which the units may be located or any other requirement or description that a declaration may provide. This chapter does not limit the use of general or limited proxies, require the use of general or limited proxies, or require the use of a written ballot or voting machine for any agenda item or election at any meeting of a timeshare condominium association or nonresidential condominium association. Able to store and keep electronic votes accessible to election officials for recount, inspection, and review purposes. However, unless the rental agreement was entered into, extended, or renewed after the effective date of this part, the tenant may not unilaterally terminate the rental agreement but may unilaterally terminate any extension period having an unexpired term of 180 days or less upon 30 days written notice. Any determination of whether assessments exceed 115 percent of assessments for the prior fiscal year shall exclude any authorized provision for reasonable reserves for repair or replacement of the condominium property, anticipated expenses of the association which the board does not expect to be incurred on a regular or annual basis, or assessments for betterments to the condominium property. 87-117; s. 6, ch. The division may impose a civil penalty individually against an officer or board member who willfully and knowingly violates this chapter, an adopted rule, or a final order of the division; may order the removal of such individual as an officer or from the board of administration or as an officer of the association; and may prohibit such individual from serving as an officer or on the board of a community association for a period of time. Separate taxation of condominium parcels; survival of declaration after tax sale; assessment of timeshare estates. The division shall submit to the Governor, the President of the Senate, the Speaker of the House of Representatives, and the chairs of the legislative appropriations committees an annual report that includes, but need not be limited to, the number of training programs provided for condominium association board members and unit owners, the number of complaints received by type, the number and percent of complaints acknowledged in writing within 30 days and the number and percent of investigations acted upon within 90 days in accordance with paragraph (m), and the number of investigations exceeding the 90-day requirement. 84-368; s. 5, ch. It must be executed and acknowledged by an officer or authorized agent of the association. An association controlled by unit owners operating as a residential condominium shall use its best efforts to obtain and maintain adequate property insurance to protect the association, the association property, the common elements, and the condominium property that must be insured by the association pursuant to this subsection. In the declaration of condominium for mixed-use condominiums created after January 1, 1996, the ownership share of the common elements assigned to each unit shall be based either on the total square footage of each unit in uniform relationship to the total square footage of each other unit in the condominium or on an equal fractional basis. (1) (a) A unit owner, regardless of how his or her title has been acquired, including by purchase at a foreclosure sale or by deed in lieu of foreclosure, is liable for all assessments which come due while he or she is the unit owner. Defects or omissions in the bylaws shall not affect the validity of the condominium or title to the condominium parcels. 7. An officer, director, or manager may not solicit, offer to accept, or accept any thing or service of value or kickback for which consideration has not been provided for his or her own benefit or that of his or her immediate family, from any person providing or proposing to provide goods or services to the association. 99-3; s. 52, ch. Summary: The next page must contain all statements required to be in conspicuous type in the prospectus or offering circular. An association with total annual revenues of $500,000 or more shall prepare audited financial statements. 2008-28; s. 4, ch. SUCH CHANGES IN COST DO NOT CONSTITUTE MATERIAL ADVERSE CHANGES IN THE OFFERING. If 5 percent or more of the total voting interests of the condominium reject a plan of termination, a subsequent plan of termination pursuant to this subsection may not be considered for 24 months after the date of the rejection. h.Do the rules and regulations of the association applicable to the unit require approval by the board of directors of the association for the transfer of the unit? 95-211; s. 856, ch. A unit owners estimated payments for assessments shall also be stated in the estimated amounts for the times when they will be due. A county ordinance or other measure adopting an additional 90-day extension under the provisions of this section is controlling throughout the entire county, including a charter county, where adopted, including all municipalities, unless a municipality votes not to have it apply within its boundaries. This petition will not be filed if the vacancies are filled within 30 days after the date on which this notice was sent or posted, whichever is later. 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. 2010-209; s. 5, ch. If the parties do not agree to continue arbitration, the arbitrator shall enter an order of dismissal, and either party may institute a suit in a court of competent jurisdiction. The term completion of construction means issuance of a certificate of occupancy for the entire building or improvement, or the equivalent authorization issued by the governmental body having jurisdiction, and, in a jurisdiction where no certificate of occupancy or equivalent authorization is issued, it means substantial completion of construction, finishing, and equipping of the building or improvements according to the plans and specifications. 90-151; s. 20, ch. All costs of removing the owner or the owners family members, guests, tenants, occupants, licensees, invitees, or other persons from the unit in the event such persons fail to vacate a unit as required by the plan. A unit owner must affirmatively acknowledge his or her understanding that the association will change its method of delivery of the invoice for assessments or the units statement of the account before the association may change the method of delivering an invoice for assessments or the statement of account. 96-396; s. 32, ch. Upon the payment, the lienor shall release the lien of record for that condominium parcel. The option shall be exercised upon approval by owners of two-thirds of the units served by the leased property. Directors and officers of a board of an association that is not a timeshare condominium association, and the relatives of such directors and officers, must disclose to the board any activity that may reasonably be construed to be a conflict of interest. A developer may elect to provide tenants who have been continuous residents of the existing improvements for at least 180 days preceding the date of the written notice of intended conversion and whose rental agreements expire within 180 days of the date of the written notice of intended conversion the option of receiving in cash a tenant relocation payment at least equal to 1 months rent in consideration for extending the rental agreement for not more than 180 days, rather than extending the rental agreement for up to 270 days. 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. 2004-345; s. 1, ch. 2013-189. Protect state residents from health and safety hazards created by derelict, damaged, obsolete, or abandoned condominium properties. The form of administration of the association shall be described indicating the title of the officers and board of administration and specifying the powers, duties, manner of selection and removal, and compensation, if any, of officers and boards. Alternatively, a registered secondary unit owner or mortgagee may pay the amount of all delinquent assessments attributed to the subdivided parcel and seek reimbursement for all such amounts paid and all costs incurred from the secondary condominium association, including, without limitation, the costs of collection other than the share allocable to the secondary unit on behalf of which such payment was made. 2015-97; s. 8, ch. The developer shall maintain separate records for each condominium or proposed condominium for which deposits are being accepted. 2008-240; s. 12, ch. Multicondominium means real property containing two or more condominiums, all of which are operated by the same association. Policies may include deductibles as determined by the board. 76-222; s. 8, ch. A current copy of the following documents must be posted in digital format on the associations website or application: The recorded declaration of condominium of each condominium operated by the association and each amendment to each declaration. 79-347; ss. A lease pertaining to use by condominium unit owners of recreational or other common facilities, irrespective of the date on which such lease was entered into, is presumptively unconscionable if all of the following elements exist: The lease was executed by persons none of whom at the time of the execution of the lease were elected by condominium unit owners, other than the developer, to represent their interests; The lease requires either the condominium association or the condominium unit owners to pay real estate taxes on the subject real property; The lease requires either the condominium association or the condominium unit owners to insure buildings or other facilities on the subject real property against fire or any other hazard; The lease requires either the condominium association or the condominium unit owners to perform some or all maintenance obligations pertaining to the subject real property or facilities located upon the subject real property; The lease requires either the condominium association or the condominium unit owners to pay rents to the lessor for a period of 21 years or more; The lease provides that failure of the lessee to make payments of rents due under the lease either creates, establishes, or permits establishment of a lien upon individual condominium units of the condominium to secure claims for rent; The lease requires an annual rental which exceeds 25 percent of the appraised value of the leased property as improved, provided that, for purposes of this paragraph, annual rental means the amount due during the first 12 months of the lease for all units, regardless of whether such units were in fact occupied or sold during that period, and appraised value means the appraised value placed upon the leased property the first tax year after the sale of a unit in the condominium; The lease provides for a periodic rental increase; and. 91-426; s. 6, ch. A unit owner who is denied access to official records is entitled to the actual damages or minimum damages for the associations willful failure to comply. Suite 203 If additional information or a mistake related to the estoppel certificate becomes known to the association within the effective period, an amended estoppel certificate may be delivered and becomes effective if a sale or refinancing of the unit has not been completed during the effective period. (Yes)(No). Each notice of intended conversion shall be dated and in writing. Cape Coral, FL 33904 ALL OR A PORTION OF THE FINANCIAL INFORMATION REPORT REQUIRED UNDER S. 718.111(13) FOR THE TIME PERIOD BEFORE THE SELLERS ACQUISITION OF THE UNIT IS NOT AVAILABLE OR CANNOT BE OBTAINED DESPITE THE GOOD FAITH EFFORTS OF THE SELLER. (1) GENERALLY. When I and others asked if the board had the current governing docs, they didnt seem to know where to find them. Conspicuous type means bold type in capital letters no smaller than the largest type, exclusive of headings, on the page on which it appears and, in all cases, at least 10-point type. Alternative dispute resolution; mediation; nonbinding arbitration; applicability. The specific purpose or purposes of any special assessment, including any contingent special assessment levied in conjunction with the purchase of an insurance policy authorized by s. If the unit is occupied by a tenant and the unit owner is delinquent in paying any monetary obligation due to the association, the association may make a written demand that the tenant pay to the association the subsequent rental payments and continue to make such payments until all monetary obligations of the unit owner related to the unit have been paid in full to the association. If a declaration as originally recorded or as amended under the procedures provided therein does not specify a procedure for approving such an alteration or addition, the approval of 75 percent of the total voting interests of each affected condominium is required before the material alterations or substantial additions are commenced. Each associations governing documents may also have varying language on when the association may proceed with collections by virtue of varying grace periods in the governing documents for payment of assessments. 91-426; s. 7, ch. For the purposes of this section, the term common areas means stairwells and exposed, outdoor walkways and corridors, but does not include individual balconies. The association uses an online voting system that is: Able to authenticate the unit owners identity. The amount of funding shall be the product of the estimated current replacement cost of a component, as disclosed and substantiated pursuant to s. 718.616(3)(b), multiplied by a fraction, the numerator of which is the age of the component in years and the denominator of which is the total estimated life of the component in years. Special assessment means any assessment levied against a unit owner other than the assessment required by a budget adopted annually. 2008-191; s. 89, ch. All phases must be added to the condominium within 7 years after the date of the recording of the certificate of a surveyor and mapper pursuant to s. 718.104(4)(e) or the recording of an instrument that transfers title to a unit in the condominium which is not accompanied by a recorded assignment of developer rights in favor of the grantee of such unit, whichever occurs first, unless the unit owners vote to approve an amendment extending the 7-year period pursuant to paragraph (b). Contract and do anything in the name of the association which is proper or convenient to terminate the affairs of the association. 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. However, the association is not liable for an inadvertent disclosure of the e-mail address or facsimile number for receiving electronic transmission of notices. The division may establish and maintain branch offices. DISPUTES INVOLVING ELECTION IRREGULARITIES. Nothing in this subsection shall interfere with the access rights of the unit owner as a landlord pursuant to chapter 83. 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. Your California Privacy Rights / Privacy Policy. The association may extinguish a discriminatory restriction as provided under s. 712.065. This paragraph may be complied with by having a copy of the official records of the association available for inspection or copying on the condominium property or association property, or the association may offer the option of making the records available to a unit owner electronically via the Internet or by allowing the records to be viewed in electronic format on a computer screen and printed upon request. 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. Division may petition the court for appointment of a receiver or conservator $ 500,000 or condominiums... Bylaws shall not affect the validity of the association and are subject covenants. 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